Cairn Energy restrained by Income Tax department from selling India stake

Written by PTI | New Delhi | Updated: Jan 24 2014, 20:45pm hrs
Cairn IndiaIncome Tax Department is probing Cairn Energy plc's transfer of India assets.
The Income Tax Department, which is probing Cairn Energy plc's transfer of India assets, has asked the UK-based company not to dispose of its 10.3 per cent holding in Cairn India Ltd.

Cairn Energy was widely seen as a likely participant in the Indian firm's share buyback, which opened yesterday.

The I-T Department had started an investigation on January 15 to establish if capital gains tax was due from Cairn Energy's transfer of shares of Indian assets that were held in a subsidiary set up in the tax haven of Jersey to newly incorporated Cairn India in 2006.

"Cairn (Energy) has been contacted by the Income Tax Department of India to discuss income-tax assessments for the year ending March 31, 2007. Cairn is cooperating to provide the necessary documentation and information as requested," the Edinburgh-based company said in a statement.

"While discussions are ongoing, the Income Tax Department has instructed Cairn Energy plc to hold its shares in Cairn India," it added.

The I-T Department had 'surveyed' Cairn India's Gurgaon office on January 15. It is investigating the asset transfer under Section 9 of the Income-Tax Act, which deals with income deemed to accrue or arise in India.

A company spokesperson had on January 22 confirmed a "visit" by IT officials for "just a survey" and said the requested information was provided to them.

"Cairn India is fully compliant with all Indian income tax laws and the income tax assessments, including transfer pricing assessment, has been completed for FY 2006-07," the company spokesperson had said.

Any tax demand, if established, may be raised on Cairn Energy.

Cairn Energy transfered the India assets to Cairn India Ltd and listed the firm on the stock exchanges through an initial public offering (IPO) in 2006.

The firm, which raised Rs 8,616 crore in the IPO, sold its majority stake in Cairn India to mining group Vedanta Group for USD 8.67 billion in 2011.

Cairn India, which is sitting on a cash pile of about USD 3 billion, plans to buy 17.09 crore shares, or 8.9 per cent of the equity, from the open market at not more than Rs 335 apiece, aggregating up to Rs 5,725 crore.

Cairn Energy says contacted by Indian tax authority

(Reuters) British explorer Cairn Energy said it had been contacted by India's tax authorities to discuss income tax assessments dating back about seven years, becoming the latest foreign firm to be embroiled in India's tax crackdown.

India has stepped up its efforts to enforce tax collection to remedy its budget deficit. Other companies recently involved in tax disputes in India include Vodafone, IBM, Royal Dutch Shell and LG Electronics.

Cairn said the assessments were for the year ended Mar. 31, 2007, and it was cooperating to provide the necessary information and would update the market in due course.

It said while talks were ongoing, it had been instructed by the income tax department to keep hold of its shares in Cairn India. Cairn Energy holds a 10.3 percent stake in Cairn India, which is now majority owned by mining conglomerate Vedanta Resources.

Shares in Cairn Energy opened 3.9 per cent lower but recovered to trade down 2.5 per cent at 255.5 pence by 0813 GMT.

In 2006, Cairn Energy spun off its Indian oil and gas operations into Cairn India and listed the unit a year later, in a flotation that raised $1.18 billion, making it at the time the largest initial public offering in Indian corporate history.