Final Rules Published2 Oct 2021 06:06
Retrospective tax settlement: Companies will have to indemnify the Indian government
Synopsis
The Central Board of Direct Taxes notified the final rules for settlement of retrospective cases after incorporating certain changes following comments from stakeholders on draft rules, issued on August 28.
By ET BureauLast Updated: Oct 02, 2021, 07:45 AM IST
Companies looking to settle their retrospective tax disputes would have to commit to indemnify the Indian government against any future claims in relation to their tax disputes.
The indemnity and commitment to not seek any damage from the Indian government or its affiliates will have to be furnished by the company as also any other interested party, the government said in the final rules notified late Friday. Companies will have to file a declaration with the income tax authorities along with a board resolution or legal authorisation besides an indemnity bond, the rules said.
The Central Board of Direct Taxes notified the final rules for settlement of retrospective cases after incorporating certain changes following comments from stakeholders on draft rules, issued on August 28.
"......the declarant and all the interested parties shall indemnify, defend and hold harmless the Republic of India and Indian affiliates from and against any and all costs...," the notification said.
They will have to file a claim within 45 days. The relevant principal commissioner of income tax has to give a certificate accepting or pass an order rejecting the claim in 15 days from receipt of the application, implying that the process can be completed in 60 days.
Once a tax refund claim is accepted, the companies will have to fulfill the specified condition including the withdrawal of all legal cases within 60 days. This period can be extended by another 60 days, implying that cases should be settled in maximum six months.
Cases could be settled quickly
Since the rules have been issued after detailed feedback from companies, it is likely that the cases could be settled quickly.
The government had passed the Taxation Laws (Amendment) Act 2021 in the Monsoon session of parliament to settle retrospective tax cases, nullifying demands raised on transactions prior to May 28, 2012, which is when the controversial law came into force.
The law provides a mechanism for settling litigation, including disputes at international forums, with Cairn Energy, Vodafone and 15 others. The government will withdraw all tax demands levied retrospectively and refund taxes collected, without interest and penalty.
These companies can now settle these cases with the government under the framework within 30-60 days.