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

The Australian Taxation Office believes the Swedish furniture company has used TP to evade paying tax it owes
Supermarket chain Morrisons is facing a £17 million ($23 million) tax bill; in other news, Donald Trump has cut proposed tariffs
The controversial deal will allow US-parented groups to be carved out from key aspects of pillar two
Awards
ITR invites tax firms, in-house teams, and tax professionals to make submissions for the 2027 World Tax rankings and the 2026 ITR Tax Awards globally
Pillar two was ‘weakened’ when it altered from a multinational convention agreement to simply national domestic law, Federico Bertocchi also argued
Imposing the tax on virtual assets is a measure that appears to have no legal, economic or statistical basis, one expert told ITR
The EU has seemingly capitulated to the US’s ‘side-by-side’ demands. This may be a win for the US, but the uncertainty has only just begun for pillar two
The £7.4m buyout marks MHA’s latest acquisition since listing on the London Stock Exchange earlier this year
ITR’s most prolific stories of the year charted public pillar two spats, the continued fallout from the PwC Australia tax leaks scandal, and a headline tax fraud trial
The climbdowns pave the way for a side-by-side deal to be concluded this week, as per the US Treasury secretary’s expectation; in other news, Taft added a 10-partner tax team
Gift this article