India’s Supreme Court issues notices against Cairn UK

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

India’s Supreme Court issues notices against Cairn UK

cairn-images.jpg

India’s Supreme Court today issued notices on a special leave petition filed by Cairn UK against an adverse decision from the Authority for Advance Rulings (AAR).

The decision relates to the non-applicability of a concessional tax rate of 10% on long term capital gains.

In October 2009, Cairn UK sold shares of Cairn India Limited (CIL) to Petronas Corporation Intl. Limited (PCIL) for $241 million. The CIL shares were listed on a recognised stock exchange in India but the transaction was completed via an off market share sale.

Cairn UK sought an advance ruling from AAR on taxability of the transaction. Cairn argued that the capital gains were chargeable at a 10% rate in view of the benefit provided by the proviso to section 112 (1) of the Income Tax Act, 1961.

The AAR rejected Cairn UK’s claim and held that Cairn UK, a non-resident, was not entitled to beneficial tax rate of 10%.

Previously, the AAR allowed the concessional rate in various rulings such as Timken France, Fujitsu Services Limited, Mcleod Russel, Burmah Castrol, Four Star Oil and Compagnie Financiere Hamonm.

The tax department’s appeal against the AAR ruling in Compagnie Financiere Hamonm is already pending before the Supreme Court. The court will jointly hear both these appeals later this week.

Cairn UK is being represented by former solicitor general of India, Harish Salve.

This story was originally published on www.taxsutra.com.

more across site & shared bottom lb ros

More from across our site

The president’s tariff regime has already caused misery for taxpayers. Losing at the Supreme Court would mean it was all for nothing
The US itself was the biggest loser of tax revenue to American multinationals’ profit shifting, the Tax Justice Network reported; in other news, firms made key tax hires
Identifying who will bear the costs and concerns around confidentiality are issues yet to be resolved, advisers say
As multinationals embed tax technology into their TP functions, a new breed of systems – built on multi-model databases – is quietly transforming intercompany pricing logic
The president described it as ‘one of the most important cases in the history of our country’; in other news, Portugal established a VAT group regime
Clients are facing increased TP audit scrutiny in Hungary. DLA Piper Hungary is therefore using AI and advanced analytics to augment its advice, the firm’s head of TP says
Simpson Thacher & Bartlett and MinterEllisonRuddWatts were among the firms that advised on the deal
AI will mean fewer entry-level roles in tax but also the emergence of new jobs, according to tax expert Isabella Barreto
As World Tax unveils its much-anticipated rankings for 2026, we focus on standout performances by PwC, KPMG and Deloitte across the Asia-Pacific region
The partnership model was looking antiquated even before the UK chancellor’s expected tax raid on LLPs was revealed. An additional tax burden may finally kill it off
Gift this article