New Delhi: The court in Washington has set a schedule for a response to be submitted to the Indian government petition seeking the dismissal of Jas by the British Cairn Energy seeking the $ 1.2 billion arbitration award enforcement.
Judge Richard J Leon from the US District Court for Colombian Regency has given Cairn’s time until 10 September to submit a response to the petition ‘movement to dismiss the government.
After that, the Indian government can submit a reply to support its movements on October 1.
This can be resisted by Cairn on October 20 and two more months has been given to the Indian government to submit the answer, according to August 25 in court.
The British company in May was asked to ask the US court to force Air India to pay the $ 1.26 billion arbitration award of the company had won in December.
The government on August 13 submitted a ‘movement to dismiss’ who said the district court did not have jurisdiction of subject matter in a dispute between Cairn and Indian tax authorities.
The move occurred in a few days from the government that imposed a law to memo tax rules that gave the power of the tax department to go 50 years back and slap the increase in levies wherever ownership had changed hands abroad but business assets were in India.
The rules have been used to pick up the cumulative RS 1.10 lakh crore tax on 17 entities, including Rs 10,247 Crore in Cairn.
Officials said the rules for the withdrawal of taxes was in the process of being framed.
“One of the requirements to impose a retrospective tax claim is that the parties concerned must provide an attempt to withdraw all cases against the Government / Tax Department.” So, while all this is in process, the government is obliged to respond.
In any legal issues where there is a bar time to do so, “A official explained.
Cairn has challenged RS Tax Request 10,247 Crore before the International Arbitration Court, which in December last year was reversed and ordered the government to return the money collected.
The government initially refused to Returning $ 1.2 billion, forcing Cairn to take action to recover the money through the foreclosure of Indian assets abroad.
In May, it took the Air Carrier Flag of India Ltd to court in the US The Indian government in Paris.
It has argued before US trials that Air India was controlled by so many Indian governments so they were a re “Alter Ego” and the airline company must be responsible for the arbitration award.
In response, the government submitted protection of the dismissal of the dismissal Legislation An Overseas Sovereign of the US in 1976.
India, in submission, said the court “did not have lower material jurisdiction under the Law of the Immunity of foreign sovereignty (FSIA) because India was never released sovereign immunity and, too, was never offered – Moreover agreed upon – To mediate current disputes with the Applicant “.
“India is also never clear and undoubtedly beneficial justice reviews or delegates exclusive competencies to decide these questions to the Arbitration court,” implying that Cairn cannot meet the exclusion for sovereign immunity under US law, the word archiving said.
Cairn has asked the US court in February to recognize and confirm the December 2020 reward against India from the Dutch-based permanent court.
The US court set the timeline for Cairn India’s legal cases
