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HC halts 2nd Vodafone arbitration in Rs 11,000-cr tax demand against India

The Delhi High Court on Tuesday restricted the Vodafone Group’s arbitration proceedings against India under a treaty with the UK in connection with a tax claim of Rs 11,000 crore against the company in connection with its Hutchinson Telecom loan $ 11 billion.

Manmohan J. prevented Vodafone or its subsidiaries from proceeding with arbitration under the Bilateral Investment Protection Agreement between India and the United Kingdom (BIPA) as the contracted telecommunications group Similar proceedings on the same issue under the India-Netherlands BIPA .

“In the present case, there is a duplication of parts and problems.” In fact, the reparation requested by the defendants under BIPA India-UK and by Vodafone International Holdings BV (VIHBV), the defendants’ subsidiary ( group Vodafone) under BIPA India-Netherlands are virtually identical.

“At first glance, this Court would be unfair, unjust and unfair to allow the defendants to pursue foreign arbitration,” the court said in an interim order.

He also notified Vodafone and requested its response by October 26 at the central government’s request for a permanent injunction against major telecommunications to proceed with arbitration under the India-UK BIPA.

In its provisional order, the court was also originally “India is the natural forum for the dispute of the claim of the defendants (Vodafone and its subsidiaries) against the applicant (center).”

The court noted that the government considered that the acquisition of 11 billion Hutchinson Telecommunications International Limited (HTIL) at Hutchinson Essar Limited (HEL) by Vodafone was sentenced to a tax deduction at source (TDS) under the Tax Law the rent.

As Vodafone did not deduct the tax at the source, the government had raised Rs 11,000 crore request which was subsequently overturned by the Supreme Court on January 20, 2012, declared the Supreme Court.

Subsequently, the government made a retrospective amendment to the Income Tax Law that reassigned the responsibilities to Vodafone, the order of the High Court was noted.

Affected by the imposition of the tax, HIVBV invoked the arbitration clause under BIPA between India and the Netherlands by a dispute notice on April 17, 2012 and a notice of arbitration of April 17, 2014, Order of 10 pages.

While proceedings under the India-Netherlands BIPA were pending, Vodafone began arbitration under the India-UK BIPA on January 24 of this year.

Due to the second arbitration, the government, represented by Deputy Attorney General Sanjay Jain said that the two claims are based on the same cause of action and call for the same relief, but from two different courts constituted accordingly. investment against the host State itself.

ASG, assisted by the permanent central government lawyer, Sanjeev Narula, argued before that court that the arbitration procedure under the BIPA India in the United Kingdom was an abuse of the judicial process.

The government lawyer argued that disputes that include tax returns by a host state are beyond the scope of arbitration under the bilateral investment treaty, because taxation is a sovereign function and can not be agitated before a court Constitutional law of the host State.

They also argued that laws passed by Parliament can not be tried by an arbitral tribunal and are not the responsibility of BIPA or any other international treaty.

I-T dept seeks Rs 32,320 cr from Hutchison over its 2007 deal with Vodafone

The income tax department has slapped a claim of Rs 32,320 million in taxes, interest and penalties at Hutchison’s Hong Kong-based for its alleged capital gains it has had on the sale of its 11 billion mobile company in India to the Vodafone Group of the United Kingdom in 2007.

In a document submitted to the Hong Kong billionaire stock exchange Li Ka-shing of Hutchison CK Holdings Ltd said that its unit, Hutchison Telecommunications International Ltd (HTIL) was notified of a demand of about Rs 7.900 crore in taxes, Rs 16,430 crore as interest, and another Rs 7,900 crore in penalty.

CK Hutchison’s unit continued to challenge the validity of these taxes, he said. This is the first time that the Hong Kong tax application has been increased. So far, the Indian government had followed the Vodafone tax.

Vodafone was fined for the first time with a tax claim of Rs 7.99 billion rupees in order not to withhold tax payments it made to Hutchison. The exceptional after including the interest and the penalty is more than 20,000 crures.

He challenged the rate and the Supreme Court in January 2012 ruled that the company was not required to pay tax on the acquisition of assets in India Hutchison.

Subsequently, the government in May 2012 changed the tax laws with retroactive effects and required taxes. Vodafone challenged this rate and the question is referred to an international arbitration panel.

In addition to Vodafone, retrospective legislation has been used to impose greater tax liability of Rs 10,247 crore on another British company Cairn Energy Plc. This issue is also referred to an international arbitration panel.

HTIL, a wholly-owned indirect CK of Hutchison Holdings Ltd, received the tax office for a November 24 tax bill, claiming for the year 2016 the proceeds from the sale of its entire 67 percent stake in the Indian company on Vodafone.

“HTIL term between February 13, 2017, the assessment of income tax on a car dated January 25, 2017 in relation to the tax of about Rs 7.900 crore in capital gains” in the 2007 transaction frame plus the general interest of about Rs 16,430 crore, “according to the document.

In addition, “HTIL received August 9, 2017, the Tax Administration on the admission of a penalty order dated July 3, 2017 and a fine of about Rs 7.9 billion rupees,” he added.

Taxes can not validly imposed HTIL, according to the applicant, who added that the order issued by the ISR based on the retroactive legislation to annul the Supreme Court of India in January 2012, which ruled that the acquisition ( Vodafone) was not exempt from taxation in India, they are in violation of the principles of international law. ”

“Accordingly, the company continues to believe that order would have no effect on the company’s financial situation or the results of its operations for some time,” he said without saying what course of action to take.

In 2007, Vodafone acquired a 67 percent stake in the mobile phone business owned by Hutchison Whampoa, which is now part of CK Hutchison. The evaluation project included earnings of around Rs 37.4 billion in sales between 2007 and Vodafone International Holdings BV.

The agreement came about when HTIL was a listed company. Subsequently, HTIL was privatized and ceased operations. Neither Htil nor its subsidiaries have a presence in India.

Despite AI, you need people to execute tech for clients: Cognizant CEO

Even if automation and artificial intelligence (AI) take over the world of information technology (IT), people are still required to execute and transform projects for customers, “explains Cognizant CEO Francisco D ‘ Souza.

The IT services industry faces the threefold challenge of increasing automation, the decline of traditional services and protectionism in its major markets, such as the United States. For Cognizant – it is based on the US but follows the business model of India, given that it has a broad base of workers in low-cost countries like India – being closer to the customer has helped to earn De the transactions.

At the same time, the company says that the skills needed for new jobs are also those that need to be closer to customers. “I often hear that automation, artificial intelligence and all these things will make it less important to have a human talent, which does not mean that there is no role for people in technology,” D’Souza told the Indian Times in an interview.

“If you look at the digital world, it’s not a thing.” A few years ago, I would have said that digital is SMAC (social, mobile, analytical, cloud). Things, the manufacture of additives, the block chain, etc. In each of these areas, customers have multiple technology options and multiple technology providers.

So putting this together for a client has become incredibly difficult. If you are a customer, you need someone to help you make the right decisions through this vast, then integrate everything to make it work, “he said.

“In the field of digital digitization, we are recruiting more and more researchers, designers and data skills, and sometimes these skills may not be available in India and may be in other parts of the world.Even if they are available in India, We can have these skills closer to the client because of the nature of these skills, “D’Souza said.

He added that if he could not talk about the workforce at the end of the year, Cognizant would continue to hire. In addition, with automation, said D’Souza, there was no doubt that some parts of what the company had done in the past had been automated and would be done with fewer hours and people. However, after saying that, he added that the world was becoming more demanding in technology.

In February, Cognizant signed an agreement with activist investor Elliott Management, which had asked the company to return money to shareholders and move its strategy to emerging areas, generating better margins, such as digital. Cognizant committed $ 3.4 billion to shareholders and restructured the board by incorporating three new independent directors.

The results seem to be paying off, with Cognizant boosting year-end forecasts for the following year. “For several reasons, we knew we had to take the picture during a transition, at the same time, there were several things and capabilities that we considered necessary on the board.

Some of these things were technology-based, but they were also capacity-oriented. For example, we look at the size and breadth of Cognizant’s business today. In the future, we felt we needed to add people with experience in managing large global organizations in several companies. Thus, Zein Abdalla brings the Pepsi, “D’souza told the newspaper HT Mint.