Monday, April 10, 2017

Cairn Energy gets Rs 10,000 crore notice from Income-Tax Department 

ITAT in its March 9 order held that Cairn Energy was liable to pay tax on the 2006 transfer of India assets to newly created Cairn India, prior to its listing. It, however, held that interest cannot be charged on it as the demand was raised using retrospective tax legislation. prior to its listing. It, however, held that interest cannot be charged on it as the demand was raised using retrospective tax legislation. The Income Tax Department had raised a tax demand of Rs 10,247 crore and another Rs 18,800 crore in interest for 10 years. "Following the ruling of the ITAT, an amended tax demand, received on March 31, 2017, noted that late payment interest would now be charged from February 2016, i.e. from 30 days following the date of the original 2016 final assessment order," Cairn said in a notice to shareholders.

 Cairn said the decision of the ITAT is "potentially subject to appeal." The company had on January 24, 2014 received a draft assessment order for the alleged capital gains it made in 2006. The order restrained the company from selling the residual 9.8 per cent stake it holds in Cairn India. Cairn Energy had in 2011 sold Cairn India to Vedanta. "Then, on February 4, 2016... a final assessment order in respect of the Indian fiscal year ended March 31 2007, (was) issued by the Indian Income Tax Department (IITD) in the amount of Rs 10,247 crore plus interest back dated to 2007 totalling Rs 18,800 crore," Cairn said. The final assessment order did not include any penalties which may also be applied to the final assessment (potentially up to 300 per cent of any tax finally agreed). 

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