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 2026

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

After joining Milbank from Akin Gump, the fund tax specialist discusses sponsor demand, practice building, and the tax challenges facing asset managers
Partner payouts could also be reduced by a fifth, it has been reported
There is no logical reason not to extend an exemption from EU CFC rules to multinationals headquartered in side-by-side jurisdictions, USCIB said
While rarely the sole driver of a combination, tax is becoming an increasingly important part of firms' efforts to keep up with client expectations
New research, which suggests LLMs can silently corrupt complex documents, should alert tax and legal teams relying on AI to handle iterative drafting and compliance workflows
Maintaining increased funding for HMRC is a ‘high possibility’ if he becomes PM, ITR has also heard
Awards
ITR is delighted to reveal all the shortlisted nominees for the 2026 Europe Tax Awards
The firm has hired a team of private client lawyers from Withers to launch in New York and Connecticut, though ITR analysis suggests it faces stiff competition
The ability of tax authorities to receive and analyse data is becoming ‘quite advanced’, warns Stuart Lang, head of EY’s compliance co-sourcing solution
The Court of Appeal ruling clarifies that treaty benefits are not abusive where transactions are commercially driven, providing greater certainty on “main purpose” anti-avoidance tests
Gift this article