$\"\"$ NEW DELHI: Vodafone<\/a> Group today told the Delhi High Court that it is not submitting to the jurisdiction of the courts here regarding the arbitration process initiated by it against India in connection with a tax demand of Rs 11,000 crore.
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The company has initiated arbitration proceedings under the India-United Kingdom Bilateral Investment Protection Agreement (BIPA<\/a>) in connection with the tax demand raised against the company in relation to its USD 11 billion deal acquiring the stake of Hutchinson Telecom.
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\nThe high court on August 22 had restrained the Vodafone Group's arbitration proceedings under the India-UK BIPA which was the company's second arbitration on the same issue.
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\nEarlier the company had initiated a similar arbitration under the India-Netherlands BIPA on the same issue and that proceeding is still going on.
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Senior advocate Harish Salve<\/a>, appearing for the telecom major, today informed Justice Manmohan that the company in its response to the high court's August 22 notice has said it is not acceding to jurisdiction of Indian courts in the matter.
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\nSalve also told the court that the Indian government had committed to appoint an arbitrator before the President of the International Court of Justice (ICJ), where the first arbitration is pending, but the fact was not disclosed here.
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\nThe central government, which has opposed the arbitration proceedings under the two BIPAs by moving a plea here, claimed that the company's response was not as per the Civil Procedure Code (CPC).
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\nThe court, however, said it would take up the matter on October 26, the date already fixed for the hearing, and asked both sides to file their written submissions by October 17.
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\nThe court also appointed an amicus curiae to assist it in the matter.
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\nThe court on August 22 had halted the second arbitration under India-UK BIPA, saying that since the reliefs sought in both proceedings were virtually identical, \"there is a risk of parallel proceedings and inconsistent decisions by two separate arbitral tribunals in the present case\".
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\nIn its interim order, the court had also said it was of the prima facie view that \"India constitutes the natural forum for the litigation of the defendants' (Vodafone and its subsidiaries) claim against the plaintiff (Centre)\".
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\nThe court had noted that the government was of the view that the USD 11 billion acquisition of stake of Hutchinson Telecommunications International Limited (HTIL) in Hutchinson Essar Limited (HEL) by Vodafone was liable for tax deduction at source (TDS) under the Income Tax Act.
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\nAs Vodafone had not deducted the tax at source, the government had raised the demand of Rs 11,000 crore which was subsequently quashed by the Supreme Court on January 20, 2012, the high court had said.
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\nThereafter, the government made a retrospective amendment to the Income Tax Act which re-fastened the liability on Vodafone, the high court order had noted.
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\nAggrieved by imposition of tax, Vodafone International Holdings BV (VIHBV), a Vodafone Group subsidiary, had invoked arbitration clause under BIPA between India and Netherlands through a notice of dispute of April 17, 2012 and notice of arbitration of April 17, 2014, the 10 page order had said.
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\nWhile the proceedings under the India-Netherlands BIPA was pending, Vodafone had initiated arbitration under the India-UK BIPA on January 24 this year.
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\nChallenging the second arbitration, the government had said the two claims were based on the same cause of action and seek identical reliefs but from two different tribunals constituted under two different investment treaties against the same host state.
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\nThe government had on August 22 argued before the high court that the arbitration proceedings initiated under the India-UK BIPA was an abuse of the process of law.
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\nIt had further contended that disputes encompassing tax demands raised by a host state are beyond the scope of arbitration provided under the bilateral investment treaty as taxation is a sovereign function and it can only be agitated before a constitutional court of the host state.
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\nIt had also contended that laws passed by Parliament cannot be adjudicated by an arbitral tribunal and do not fall within the ambit of BIPA or any other international treaty.\n\n<\/body>","next_sibling":[{"msid":61068017,"title":"Bharti-Tata Tele merger: Telecom industry shakeout far from over; here\u2019s why","entity_type":"ARTICLE","link":"\/news\/bharti-tata-tele-merger-telecom-industry-shakeout-far-from-over-heres-why\/61068017","category_name":null,"category_name_seo":"telecomnews"}],"related_content":[],"msid":61068084,"entity_type":"ARTICLE","title":"Not acceding to Indian jurisdiction in tax case: Vodafone to HC","synopsis":"The company has initiated arbitration proceedings in connection with the tax demand raised in relation to the acquisition of Hutchinson Telecom.","titleseo":"telecomnews\/not-acceding-to-indian-jurisdiction-in-tax-case-vodafone-to-hc","status":"ACTIVE","authors":[],"Alttitle":{"minfo":""},"artag":"PTI","artdate":"2017-10-13 16:28:32","lastupd":"2017-10-13 16:30:22","breadcrumbTags":["Vodafone","IUC","BIPA","UK","Harish Salve","Industry"],"secinfo":{"seolocation":"telecomnews\/not-acceding-to-indian-jurisdiction-in-tax-case-vodafone-to-hc"}}" data-authors="[" "]" data-category-name="" data-category_id="" data-date="2017-10-13" data-index="article_1">

不同意印度管辖的税收:沃达丰HC

公司提请仲裁与税收有关的需求提出收购哈钦森电信的关系。

更新2017年10月13日下午04:30坚持

新德里消息:沃达丰(Vodafone)集团今天告诉德里高等法院是不提交管辖法院对仲裁过程由它对印度11000卢比的与税收相关的需求。

该公司已提请仲裁India-United王国双边投资保护协定(下BIPA)与税务有关的需求提出反对该公司在其110亿美元交易收购哈钦森电信的股份。

高等法院8月22日克制了沃达丰集团的仲裁程序在India-UK BIPA是该公司的第二个仲裁在同样的问题上。

下公司早些时候发起类似的仲裁India-Netherlands BIPA在同一个问题,诉讼仍在继续。

高级主哈瑞药膏出现的电信专业,今天通知印度正义,公司应对高等法院8月22日的通知说不同意印度法院的管辖权问题。

药膏还告诉法庭,印度政府已承诺任命一名仲裁员在国际法院(法院),第一个仲裁未决,但事实上没有透露。

中央政府,反对两个BIPAs移动下的仲裁请求,声称该公司的反应是没有按照民事诉讼程序代码(CPC)。

然而,法院表示,它将接受10月26日,听证会的日期已经固定,问双方提出书面提交10月17日。

法院还任命了一位法庭之友协助此事。

仲裁法院8月22日暂停了第二下India-UK BIPA,说自从浮雕寻求在两个程序几乎是相同的,“有一个平行诉讼的风险和不一致的决策由两个单独的仲裁法庭在目前的情况下”。

在其临时订单,法院还说这是“印度的初步观点构成了天然论坛的诉讼被告(沃达丰(Vodafone)和它的子公司)索赔原告(中心)”。

法院指出,政府认为110亿美元收购股权的哈钦森电讯国际有限公司(和记电讯国际)哈钦森Essar有限(HEL)沃达丰在源(TDS)承担的税收减免所得税法案。

沃达丰没有扣除税收来源,政府提出了11000卢比的需求随后被最高法院1月20日,2012年,高等法院说。

此后,政府做了一个回顾所得税法修正案穿戴责任沃达丰,高等法院命令说。

愤愤不平的课税,沃达丰国际控股BV (VIHBV),沃达丰集团子公司,仲裁条款下BIPA印度和荷兰之间通过一个争议通知4月17日,2012年和仲裁通知4月17日,2014年,10页的顺序表示。

而下的诉讼India-Netherlands BIPA悬而未决,沃达丰已经提请仲裁下India-UK BIPA今年1月24日。

挑战第二个仲裁,政府已经表示,行动的两个主张是基于相同的原因,寻求相同的浮雕,而是来自两个不同的法庭是在两个不同的投资条约对同一主机状态。

政府8月22日之前提出的高等法院仲裁程序启动下India-UK BIPA是滥用法律的过程。

已进一步声称纠纷包括税收要求主机状态提出超出了仲裁的范围提供双边投资条约下税收是一个主权函数之前,它只能激动的宪法法院主机状态。

它还认为,议会通过的法律不能由仲裁法庭裁决,不属于BIPA或任何其他国际条约的范围。