There is a new development in the tax dispute between Cairn Energy and India. India asked state-run banks to withdraw funds from their foreign currency accounts. Two government officials and a bank said New Delhi fears Cairn Energy may seize the cash after an arbitration ruling in the tax dispute.
Cairn Energy Tax Dispute
The origins of the tax dispute lie in introducing a retrospective tax amendment in the Finance Bill, 2012. The Manmohan Singh government brought in the retrospective tax law. It made India an unattractive destination for foreign investors.
Cairn Energy discovered the Mangala Oilfield in Rajasthan in 2004. Its Indian subsidiary Cairn India was listed on the Bombay Stock Exchange (BSE) three years later. Vedanta acquired a majority stake of 58.5 percent in 2011.
A judgment by the Supreme Court of India on the Vodafone tax dispute in favor of Vodafone saw an amendment to the Income Tax Act, 1961. The proposed amendment allowed the government to tax cross-border transactions on stocks, commodities, and derivatives of a company that lies in the country.
After the amendment became law, the Income Tax (I-T) department officials launched an investigation. Cairn was under investigation for retrospective tax evasion. The Income Tax Department investigated the transactions undertaken before the listing on the BSE.
The I-T department demanded ₨ 24,500 crores from Cairn for the capital gains during 2006-2007. The amount included the interest and penalty on the taxed capital gains.
As the investigation of the I-T department started, Cairn PLC went to an arbitration court. It commenced the arbitration proceedings against the Government of India. Cairn India initiated the proceedings under the India-UK bilateral investment treaty.
The Permanent Court of Arbitration in the Netherlands on December 21, 2020, delivered a judgment favor of Cairn plc. It asked India to return $1.2 billion to Cairn Energy plc. Delivering the judgment, the tribunal panel observed that the 2012 law passed by the Indian government was a new tax, not a clarification of prior law that it could apply to earlier years.
The panel further said, “The issue at stake is thus not a matter of domestic tax law; it is rather whether the fiscal measures taken by the State, valid or not under its tax laws, violate international law.”
Finance Minister Nirmala Sitharaman, on March 5, indicated the intent of the government to appeal the verdict. She said it is her duty to appeal in cases where the nation’s sovereign authority to tax comes under question.
Five countries recognized the arbitral award of $1.2 billion to Cairn Energy plc. They are the US, the UK, Netherlands, Canada, and France. The recognition of the award allows Cairn Energy to seize Indian assets in those countries.
The company is trying to get the arbitral award registered in Singapore, Japan, the United Arab Emirates, and the Cayman Islands. The Indian government has petitioned the Dutch Court of Appeal to set aside the arbitration award.
Repercussions on the Seizure of Accounts
Cairn Energy plc is trying to seize Indian assets in foreign countries to get the Indian government to pay the $1.2 billion arbitral award. Seizure of assets would impact international transactions and foreign exchange transactions.
The Indian government is taking measures to safeguard its economic interest. A government official told Reuters, “Earlier this week a guidance was sent to state-run banks to withdraw funds from their nostro accounts.”
A Nostro account is an account a bank holds overseas at another bank in the currency of that jurisdiction. These accounts are maintained for conducting activities of trade and foreign exchange transactions.
The Finance Ministry did not comment on the issue.
Out of Court Negotiations
Officials of the Indian government and Cairn Energy plc are trying to settle this dispute using informal channels. During these negotiations, both sides have put forth their proposals.
Cairn Energy offered to invest the entire award money in India. It includes the principal amount of $1.2 billion and the interest of $500 million. The offer comes with the caveat of the Indian government agreeing to enforce the award.
It is improbable that the Indian government would accept the proposal. Acceptance of the proposal would mean accepting the verdict of the tribunal, against which it has appealed.
A government official stated, “There is no way that the government is going to accept the proposal. We have filed an appeal. Any solution will be within the legal framework. For that, we have asked them to come under the Vivad se Vishwas scheme and settle the dispute by paying 50 per cent of the disputed principal tax amount and get a waiver of interest and penalty. That would have resulted in an immediate refund of $300 million.”
The Indian government was willing to accommodate and settle the dispute under the Vivad se Vishwas scheme. The window for a declaration under the scheme closed on March 31. The window for payment closed on April 30.
The Modi government said it would not make retrospective tax claims. But it has defended the ongoing retrospective tax claims in court.
Escalation Of COVID-19 Cases Across The Globe
The United States, India, and Brazil have the most confirmed cases, followed by France, Russia, the United Kingdom, and Turkey. There are very few locations that have remained undisturbed.
Since the middle of last year, confirmed cases have been increasing. Although the actual scope of the first outbreaks in 2020 is unknown because testing was not generally available at the time. The 100 million COVID-19 cases were discovered at the end of January, over a year after it was first diagnosed. As of 6:30 p.m. CEST on July 30, 2021, WHO has received reports of 196,553,009 confirmed cases of COVID-19, with 4,200,412 fatalities. A total of 3,839,816,037 vaccination doses has been delivered as of July 28, 2021.
After reaching a record high of over 0.9 million cases on April 28, 2021, new daily instances of the coronavirus continued to decline, reaching a low point on June 21, when over 0.3 million cases were reported. Since then yet, there has been a global increase in cases. On July 15, 0.53 million daily cases were reported, and over three million new cases were reported in the second week of the month. As of July 15, 188.9 million patients have been recorded worldwide. The transmissive Delta form accounting for most infections in 111 countries. Most instances were recorded in Brazil, India, Indonesia, the United Kingdom, and Colombia in the last week. With the steepest increases in Zimbabwe (72%), Indonesia (44%), the United States (38%), Bangladesh (35%), and the United Kingdom (30%). Many Asian nations, including Vietnam, Malaysia, South Korea, and Japan, have reported many daily cases. However, the spread was under control.
The number of new cases in Indonesia has been on the rise, with each day seeing a significant increase over the previous day. Indonesia is now the new Asian epicentre, with 56,757 cases recorded on July 15; India reported 39,000 patients on the same day. COVID-19 fatalities are high, according to WHO. After decreasing for nine weeks, with the highest increases in Africa and Southeast Asia. COVID-19 fatalities worldwide surpassed four million on July 7. The last million deaths occurred in under 90 days, the lowest time interval for every one million deaths ever recorded.
High vaccination coverage has been shown in the United States and much of Europe to lower fatalities and even hospitalizations. For example, United Kingdom rises in incidence. There has been fewer hospitalizations and deaths over 87% of the adult population, as they are vaccinated with one dose and over 67% with two doses. In the United States, the increase in cases is concentrated in states with low vaccination coverage, with unvaccinated people accounting for most deaths. Over 55% of Americans have received one dosage, and 48% are completely immunized. It shifts the focus back to improving vaccination coverage and achieving global vaccine equality to avoid fatalities and the spread of dangerous strains. Some nations debate a booster dosage. Even though many African countries’ healthcare professionals have not been completely vaccinated, booster injections have begun to be given to patients with weakened immune systems in Israel.
In comparison, booster shots have been ruled out in the United States for the time being. With vaccine shortages reported in many Indian states. Even among the vaccinated, rigorous adherence to COVID-appropriate behaviour is the only option to postpone and mitigate the consequences of a third wave.
This spring, India and Latin America have seen a significant drop in new cases in the hardest-hit areas of the world. But the global numbers continue to grow. The Delta variety leads them to well-vaccinated regions such as Western Europe and the United States, low but rising infections. This spring, India and Latin America have seen a significant drop in new cases in the hardest-hit areas of the world. Vaccine doses have been given to over 4 billion individuals globally (52 for every 100 people), yet the discrepancy is striking. More than 80% of the population had at least one shot in some wealthy nations. In contrast, the proportion is as low as 1% in many of the poorest.
Why Taliban Could Not Control Panjshir Valley In Afghanistan Yet?
Taliban took over Afghanistan last week, and Panjshir valley in the north is the last hope for the people of Afghanistan to fight against the Taliban.
As it was 25 years ago, there is still a part of Afghanistan that tries to oppose the Taliban; it is the Panjshir valley. The villages that rebelled against the Soviets and Taliban’s, it is now that they’re fighting against the spread of the Islamic Emirate.
Valley Of the Five Lions, also known as Panjshir Valley, is in Northern Afghanistan, 150 kilometers north of Kabul, near the Hindu Kush Mountain Range. Due to its location in the Hindu Kush Mountain range, the Panjshir Valley is only accessible through the narrow Panjshir River; this makes it easy for forces defending. Panjshir is also famously known for emeralds. It has been the base of operations for the Taliban since the 1990s. Since it was never under their control, the area has become a key target for the US-led forces.
Around 150,000 people live in the valley, and the majority are Pashtuns. The valley’s ethnic majority is Tajik. The area’s history has made it the base of operations for the Taliban. Panjshir has never been captured by the Taliban during their earlier rule, nor by the soviets. The resistance, therefore, chose to base its operations in the area due to its history.
After the Soviets left Afghanistan in 1989, a civil war broke out in the country. Ahmad Shah Massoud, who was the most notable anti-Taliban fighter, led a group of militants to fight against the separatists. He was eventually killed by al-Qaeda terrorists in 2001, just two days before the 9/11 attacks.
Following the father’s footsteps, Ahmad Massoud, the son of legendary Ahmad Shah Massoud, declared the start of armed resistance against the Taliban forming in the Panjshir. The Northern Alliance flag has been raised in Panjshir province, confirming the legitimacy of this movement, officially back since 2001. The National Resistance Front (NRF), based out of the Panjshir Valley, led by Ahmad Massoud and the former Vice-President Amrullah Saleh, leading an anti-Taliban Movement.
The Panjshir Valley stands tall against the Taliban under the leadership of Ahmad Masood. Resistance movements have begun with the formation of the Northern Alliance. Bernard Henri Levy, the French philosopher, spoke to Ahmad Massoud on a phone call and quoted saying, “I am the son of Ahmad Shah Massoud, and surrender is not part of my vocabulary.” The Resistance has just begun; this is just the beginning.
The Washington Post published an op-ed on Wednesday in which Massoud reiterated his plea for help, asking the United States to supply his military with arms and ammunition. “The United States can still be a great arsenal of democracy” by supporting his fighters, he wrote.
Since President Ashraf Ghani left Afghanistan, Saleh has declared himself as the interim president. The Taliban has been massing its forces near Panjshir. The Salang highway has been closed. He further tweeted that the militants are avoiding any confrontations with the enemy forces.
India Takes Rein Of UNSC For August
As per procedure, India received the Presidency of the UN Security Council for August this year. The three major points that the Indian Presidency aims to focus on are maritime security, peacekeeping, and counter-terrorism policies.
What is the UN Security Council?
The security council is a body of the United Nations responsible for international security and peacekeeping. The body settles disputes and identifies unwanted threats and aggressions against member States.
There are 15 Members as a part of the council. They are obligated to abide by the decisions made by the Security Council. Out of these, there are five permanent and ten non-permanent members, India being a part of the newly elected non-permanent contingent.
India is currently serving as President of the UNSC for August and is expected to do so again in 2022. They succeed France who previously presided in July this year. The order of Presidency succession is decided alphabetically. Each member gets a fair chance to preside over the peacekeeping body.
Prime Minister Narendra Modi will be the first Indian PM to chair a meeting of the UNSC.
India in UNSC
India has joined the UNSC for the eighth time as a non-permanent member, serving a term of two years. The last time India was on the council as a member was in the year 2011-12, during the Middle East Crisis.
In the August meetings this year, the primary concern is said to be that of the coronavirus pandemic and its impact on the economy and mortality. India also aims to bid for a permanent seat on the UNSC and hence a high level of involvement is expected.
India plays an important role in the UNSC as it along with other members of the G-4 (Brazil, Japan, and Germany) are insisting on an expansion in permanent membership for countries. They want the permanent seats to be offered to countries other than the current five that hold the veto power, giving India a chance to display its potential at a global level.
India has previously chaired the counter-terrorism committee at the UNSC and introduced the concept of ‘zero tolerance’ for terrorism globally. They also successfully establish the Financial Action Taskforce (FATF).
This time around, India aims at improving maritime security and peacekeeping while returning to the counter-terrorism policies establish worldwide.
India’s efforts as President in August 2021
India is expected to organise three high-level meetings for the three topics that they have decided to focus on (maritime security, peacekeeping, and counterterrorism). A traditional breakfast of PRs was held by India’s Permanent Representative to the UN, T S Tirumurti. Along with the normal breakfast, Tirumurti put a display of Indian grains with items exquisitely prepared with those ingredients. A treat of Alphonso mangoes was also included in the breakfast. Tirumurti also presided over all meetings of the UNSC on day one.
Prime Minister Narendra Modi will chair a meeting of the UN Council virtually, while external affairs minister, Jaishankar will chair the meetings in person.
S Jaishankar expressed opinions on the opportunity to preside over the UNSC for August via his Tweet, saying that India looks forward to taking over the Presidency of the Global Organisation for the month.
As we take over UNSC Presidency for August, look forward to working productively with other members.
India will always be a voice of moderation, an advocate of dialogue and a proponent of international law. pic.twitter.com/kPRGnFOz87
— Dr. S. Jaishankar (@DrSJaishankar) August 1, 2021
Indian PR Tirumurti also thanked their predecessor France and announced the takeover via his Tweets while expressing his elation on the occasion.
— PR/Amb T S Tirumurti (@ambtstirumurti) August 1, 2021
India began their eighth term on January 1 this year. This non-permanent arrangement will span for two years, giving the possibility of another Presidency in late 2022. India has been grateful for its turn in chairing the UNSC and hopes to make decisions and resolutions that will be beneficial to the Indian Foreign Policy and countries around the Globe.
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