Cairn ‘fulfils’ retro tax repeal steps, awaits ₹7,900 crore refund

Firm says it expects India to make payment in ‘early 2022’

January 25, 2022 11:10 pm | Updated 11:10 pm IST - New Delhi

Cairn India employees work at a storage facility for crude oil at Mangala oil field at Barmer in the desert Indian state of Rajasthan August 29, 2009. Cairn India, a unit of U.K.-based Cairn Energy Plc, on Saturday began pumping crude from its Mangala oil field in the Rajasthan block, the first major crude oil discovery in the energy-hungry nation in two decades. REUTERS/Parth Sanyal (INDIA POLITICS ENERGY SOCIETY BUSINESS)

Cairn India employees work at a storage facility for crude oil at Mangala oil field at Barmer in the desert Indian state of Rajasthan August 29, 2009. Cairn India, a unit of U.K.-based Cairn Energy Plc, on Saturday began pumping crude from its Mangala oil field in the Rajasthan block, the first major crude oil discovery in the energy-hungry nation in two decades. REUTERS/Parth Sanyal (INDIA POLITICS ENERGY SOCIETY BUSINESS)

U.K.’s Cairn Energy on Tuesday said it has complied with all rules of the retro tax repeal law to now become eligible for about ₹7,900 crore refund of taxes that were collected from it to enforce a retrospective tax demand.

As part of the settlement reached with the government in the seven-year-old dispute over the levy of back taxes, the company — which is now known as Capricorn Energy PLC — has withdrawn all cases that were brought to collect the tax refund ordered by an international arbitration tribunal after rescinding retrospective raising of demand, according to an advertisement it issued in Indian newspapers.

The government had initially contested the December 2020 arbitration award but in August 2021 brought a law to scrap all retrospective tax demands and refund money collected, after it faced prospects of assets being seized overseas to recover the refund due.

“The company has concluded all necessary steps under the rules of the India Taxation (Amendment) Act 2021 required for payment by the Government of India of a tax refund of approximately ₹7,900 crore,” the company said in an operational and trading update. “Payment is expected to be made in early 2022.”

The company on November 26, 2021, initiated proceedings to withdraw lawsuits it had filed to enforce an international arbitration award, which had overturned the levy of ₹10,247 crore retrospective taxes and ordered India to refund the money collected.

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