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Thursday, June 30, 2022

ICAI-UPDATES

 1. No penalty u/s 43 of Black Money Act (BMA) for non-disclosure of foreign assets in ITR, if source was explained & assessee’s conduct was bonafide. 

2. 30th June 2022 is last dates for:

  1. DPT - 3
  2. UDIN
  3. Form 11
  4. CSR - 2
  5. IEC Updation
  6. PAN and Aadhaar linking with late fees of ₹500/-

3. Reassessment initiated merely on basis of an audit objection not valid: Bombay High Court. Glaxosmithkline Pharmaceuticals Ltd. [2022] 136 taxmann.com 305 (Bombay).

4. Customs, Excise & Service Tax Appellate Tribunal (CESTAT) in the matter of Yashraj Containers Ltd vs C.C.E. & S.T.-Daman has held that Income Tax, Tax Collected At Source (TCS) on sale of goods cannot be considered as additional consideration flowing from the buyer to the appellant accordingly, the same is not includable in the assessable value for charging Excise Duty.

5. GST Council approves biometric authentication, inclusion of electricity bill data, real-time validation of bank accounts & geo-tagging for compliance. 

6. GST Council allows amendments in GSTR-3B.

  • 6 new e-invoice portals to come soon.
  • Compliances to be eased for e-commerce suppliers. 
  • Council agrees to empower both State and Central Officers to issue Show Cause Notices.

7. LLP Date Extended: Last date for filing of LLP Form 11 without paying additional fee has been extended upto 15th July, 2022.



Source:-CA Raj Chawla

GST COUNCIL UPDATE

 


1.Tax @ 18% on cheques, loss or in book form Withdrawal of exemption on services by department of posts except post cards, envelopes less than 10 gm. Increase in GST on e-waste from 5% to 18%.

2. Withdrawal of exemption to services provided by RBI, Sebi, IRDAI, FSSAI.
  • Hotel accommodation below Rs 1,000 be taxed at 12%. 
  • Withdrawal on GST exemption on storage and warehousing of taxable goods like sugar, natural fiber.
3. Withdrawal of exemption on services like fumigation of warehouses.
  • Withdrawal of exemption to business class air travel for northeastern states.
  • Withdrawal of exemptions on road and rail transport, when such services are input for business.
 4. Withdrawal of exemption on services by way of slaughtering of animals.
  • Input tax credit Refund on account of inverted duty structure in edible oils, coal disallowed.
5. The GST Council approved to replace the term ‘branded’ with ‘pre packaged and labelled’ for retail sale to avoid disputes. (Branded cereals, food attract 5% GST currently).Exemption for food items, cereals sold loose or unlabeled continued.

6. Tax increased LED lamps, ink, knives, blades, power driven pumps, dairy machinery from 12% to 18%.
  • Tax increased on milling machinery for cereals from 5% to 18%.
  • Tax increased on solar water heaters, finished leather from 5% to 12%.
7. Instant Finance Updates - Telegram Channel
  • Tax increased on work contract services supplied to govt, local authorities to 18% to correct inversion.
  •  Tax increased on specified goods for petroleum from 5% to 12% on input goods to correct inversion.

Source:-Raj Chawla


Israel's parliament dissolves, sets 5th election in 4 years :-ET June 30 2022

 

Israel's parliament voted Thursday to dissolve itself, marking the end of a year-old experimental coalition government, and sending the country to the polls in November for the fifth time in less than four years.

Yair Lapid, Israel's foreign minister and architect of the outgoing coalition government, will become the country's caretaker prime minister just after midnight on Friday. He will be the 14th person to hold that office, taking over from Naftali Bennett, Israel's shortest  serving prime minister.

Following the vote, Lapid embraced Bennett before the two swapped chairs. He posted, "thanks, Naftali, my brother" on Twitter.

The government collapsed just over a year after it was formed in a historic move that saw longtime leader Benjamin Netanyahu ousted after 12 years in power by a coalition of ideologically diverse parties, the first to include an Arab faction.

The motion to dissolve passed with 92 lawmakers in favor, and none against, after days of bickering by coalition and opposition lawmakers over the date of new elections and other last-minute legislation.

New elections will be held on Nov. 1.

The move brings a formal end to a political experiment in which eight parties from across the Israeli spectrum tried to find common ground after a period of prolonged gridlock in which the country held four elections in two years.

The upcoming elections are an extension of Israel's protracted political crisis, at the heart of which sits Netanyahu and his ongoing corruption trial. The four deadlocked elections in the previous three years were largely referendums on Netanyahu's fitness to serve while facing charges of accepting bribes, fraud and breach of trust. Netanyahu has denied any wrongdoing.

Lapid, a former talk-show host who heads a center-left party, is expected to campaign as caretaker prime minister to keep the job as the main alternative to Netanyahu, and will likely get an early boost when he welcomes President Joe Biden to the country next week.

Polls by Israeli media show Netanyahu and his allies are projected to gain seats, although it is unclear whether they would have enough to form a 61-seat majority in the 120-member Knesset. If neither he nor anyone else succeeds in doing so, Israel could go to elections yet again.

On Wednesday, Bennett said he would be taking a hiatus from politics and would not be running in the upcoming elections. His Yamina party was riven by infighting and splintered following the formation of the government last year as its members broke away in protest of what they considered Bennett's excessive compromises to more liberal coalition allies.

The death blow came earlier this month, when the government failed to renew an emergency law that preserves the special legal status of Jewish settlers in the occupied West Bank, legislation that most Israelis view as essential. Because the Knesset was dissolved before the end of the month, the emergency law is automatically renewed until after the formation of a new government.

"They promised change, they spoke about healing, they tried an experiment, and the experiment failed," Netanyahu said in an address to parliament ahead of the vote. "We are the only alternative: a strong, stable, responsible nationalist government."

The outgoing governing coalition made history by being the first to include an Arab party. Mansour Abbas, leader of the Islamist Ra'am faction, joined the coalition to secure better services and more government funding for Israel's Arab minority, which makes up some 20% of the population.

Netanyahu and his allies accused coalition members of partnering with terrorist sympathizers. His allies have provided little evidence to back those claims, citing only Abbas' Islamist roots, and Netanyahu himself also reportedly courted the party after the previous election last year.

Israel's Arab citizens face widespread discrimination and are seen by many Jewish Israelis as a fifth column because they have close family ties to Palestinians in the occupied West Bank and Gaza, and largely support their struggle for independence.

China backed India on keeping Pakistan out of BRICS Plus event ET:-June 30, 2022

 

Synopsis

Interestingly, Pakistan doesn’t fit into the category of emerging markets unlike other invitees to BRICS meet and its economy is staring at a major crisis like that of Sri Lanka. Pakistan may even default on loan repayments.


In a deft diplomatic move, India worked with China to block entry of Pakistan to BRICS plus event last Friday. Pakistan, in a surprise move, made attempts to enter the BRICS outreach event for emergng economies that included Algeria, Argentina, Cambodia, Egypt, Ethiopia, Fiji, Indonesia, Iran, Kazakhstan, Senegal, Uzbekistan, Malaysia, and Thailand.

However, India moved swiftly to block Islamabad. As the BRICS chair for 2022, China reportedly agreed to India, and prevented the entry of its “all-weather ally" to the BRICS outreach event, which was addressed by PM Narendra Modi. New Delhi’s position was also reportedly backed by Russia, ET has learnt.

It may be recalled that the Indian envoy to China met Foreign Minister Wang Yi ahead of the BRICS Summit to discuss a slew of bilateral and international issues.

Interestingly, Pakistan doesn’t fit into the category of emerging markets unlike other invitees to BRICS meet and its economy is staring at a major crisis like that of Sri Lanka. Pakistan may even default on loan repayments.




Russia muscles in on Indian oil market at expense of OPEC titans :-ET June 30 2022

 

Synopsis

Deprived of many of its traditional European buyers, Moscow is on course to deliver somewhere between 1 million and 1.2 million barrels a day to the world’s third-largest oil importer this month.


Watch out Iraq and Saudi Arabia, Russia is making huge inroads into the Indian oil market and has quite possibly become the largest supplier to the giant Asian buyer.

Deprived of many of its traditional European buyers, Moscow is on course to deliver somewhere between 1 million and 1.2 million barrels a day to the world’s third-largest oil importer this month, according to tanker tracking figures compiled by Bloomberg and two oil analytics firms.

That would place it neck-and-neck with, or a little above, Iraq, and far ahead of Saudi Arabia. The surge in flows will be viewed with unease by Baghdad in particular, since Iraq’s oil has increasingly had to discount to compete for market share in Asia.

Refiners in India have been gorging on cheap Russian barrels in a way they never did before the invasion of Ukraine, making it noticeable even to Vladimir Putin, Russia’s president.


Wednesday, June 29, 2022

How to get errors in Annual Information Statement corrected for ITR filing ET By Preeti Motiani May 25 2022 :-Used here for educational purposes only

 

Synopsis

Annual Information Statement (AIS) contains pre-filled information shared by various financial entities such as banks, mutual funds, stockbrokers etc. and your employer (salary income details) and tax deducted during the year if any to the income tax department. It is important to ensure that the correct information is reflected in the AIS.


The newly launched Annual Information Statement (AIS) is a comprehensive statement containing details of financial transactions done by you and reported by various entities (mostly financial institutions) to the tax department during an FY. Click here to read about what information the AIS will contain.

The information in one's AIS is pre-filled with details (as mandated by law) shared by financial entities like banks, mutual fund houses, your employer regarding the TDS that has been cut from your salary and various sources of income such as dividend, interest (even if tax is not deducted) during a financial year. In case there is an error and you have not given feedback requesting a correction, then it may be assumed that the information reflected in AIS is correct and the income tax department may ask you to explain the mismatch between the income tax return filed by you and the information in the AIS.

"If the taxpayer feels that the information is incorrect, relates to other person/year, duplicate etc., a facility has been provided to submit online feedback. Feedback can also be furnished by submitting information in bulk," stated a press release issued by the Central Board of Direct Taxes (CBDT) issued on November 1, 2021.
Here is a look at how you can correct errors in your AIS.

What if there is an error in AIS?
In case a taxpayer finds an error in his/her AIS, as mentioned above, the taxpayer should provide online feedback for the same. Follow the steps below to correct the mistakes in AIS.

Step 1: Login to your e-filing account on the government's portal at www.incometax.gov.in
Step 2: Once logged in, select 'Annual Information Statement (AIS)' under the 'Services tab'.

Step 3: On the webpage, select 'AIS'. On your screen, two options will be visible to you - Taxpayer Information Summary (TIS) and Annual Information Statement (AIS). Click on AIS.
Step 4: On your screen, Part A and Part B of AIS will be shown. Select the information that is not correct. Select 'Optional' to submit your feedback.

Step 5: From the drop-down menu, select the option which is applicable to you. There will be 7 options available to you:
a) Information is correct
b) Transfer not in the nature of sale
c) Income is not taxable
d) Information is not fully correct
e) Information relates to other PAN/Year
f) Information is duplicate/included in other information
g) Information is denied
You might be asked for additional information depending on the option selected by you.

Step 7: Click on submit.

Once the feedback is submitted, the income tax department will automatically correct the information in your AIS. You might need to provide additional information depending on the option selected by you from the drop-down menu.



A shopkeeper in Udaipur beheaded for supporting Nupur Sharma :-ET June 29,2022

 

Synopsis

According to the news agency ANI, the two alleged murderers posted a video of the beheading and even threatened to take Prime Minister Narendra Modi’s life on social media. As per the police, the victim, a tailor by profession, was attacked by a sharp-edged weapon. The video of the incident has gone viral on social media.


In a Taliban-style shocking incident, a shopkeeper was allegedly beheaded by two men in Udaipur today. The deceased had reportedly shared a social media post in support of Nupur Sharma, a few days ago.

According to the news agency ANI, the two alleged murderers posted a video of the beheading and even threatened to take Prime Minister Narendra Modi’s life on social media.

As per the police, the victim, a tailor by profession, was attacked by a sharp-edged weapon. The video of the incident has gone viral on social media.

The two accused reached the victim's shop on Tuesday afternoon under Dhan Mandi police station area, policesaid.

One of the assailants, who was identified as Riyaz, attacked Kanhaiya Lal with a sharp-edged weapon while the other recorded the crime on his mobile phone, police said.

Soon after, they circulated a video of themselves confessing to the killing on social media.

In the viral video, one of the two accused could be heard saying, "I will make the video viral when I accomplish my goal to teach a lesson to the accused who has shown disrespect to our God."

Meanwhile, Rajasthan Chief Minister Ashok Gehlot has appealed to the people to maintain peace.
"I condemn the heinous murder in Udaipur. Strict action will be taken against all those involved in the crime and the police will go to the bottom of the case. I appeal to all the parties to maintain peace. Strictest punishment will be given to those involved in such a heinous crime," he said.



Tuesday, June 28, 2022

The rags-to-riches journey of Italy’s Ray-Ban billionaire Del Vecchio, whose father died five months before he was born, would spend the next seven years at the institution. Precocious, he was allowed to leave early — at age 14 — to start working. BLOOMBERG JUNE 28, 2022 / 06:57 AM IST

 

MILAN, ITALY - SEPTEMBER 06: Leonardo Del Vecchio and his wife attend the opening cocktail party of Excelsior Milan on September 6, 2011 in Milan, Italy. (Photo by Getty Images/Getty Images)

With her fourth child living as a street urchin in war-torn Milan in 1942, Grazia Rocco, a widow, made a fateful decision: she appealed to the city’s orphanage to take in the seven-year-old, Leonardo Del Vecchio.

“I don’t have anyone to care for him,” Rocco, whose days were spent working in a factory, wrote in a heartfelt letter that remained untouched for decades in Del Vecchio’s file at the Martinitt Institute orphanage. Moving there, his mother said, would be the best hope of avoiding death for young Leonardo, who would go on to become one of Italy’s richest entrepreneurs.

Del Vecchio, whose father died five months before he was born, would spend the next seven years at the institution. Precocious, he was allowed to leave early — at age 14 — to start working.

His goal, Del Vecchio wrote at the time, was to become “a skilled craftsman,” which he saw as a sure-fire way to ensure he’d never go hungry again — and would never have to answer to anyone but himself.

Nearly 75 years on, Del Vecchio finds himself at the head of EssilorLuxottica SA, the French-Italian eyewear giant with tens of thousands of employees, operations spanning the globe and a foothold in the luxury and medical technology sectors. The company, which owns the Ray-Ban and Oakley brands and makes frames for luxury houses like Armani and Prada, is also the world’s top eyeglass retailer and the biggest producer of corrective lenses.

In the run-up to his birthday on May 22, Del Vecchio — who turns 87 — is giving himself a new goal: to push EssilorLuxottica into the exclusive club of companies valued at more than 100 billion euros ($104 billion), from about 66 billion euros now.

Nothing in his demeanor suggests Del Vecchio sits atop a sprawling empire with such audacious ambitions. He has taken pains to stay out of the spotlight over the years and, until now, repeatedly declined to discuss his career and his trajectory with reporters, insisting that the company’s performance speaks for him.

Not one to look back, he has never sought to view his file at the orphanage. In a rare conversation with a reporter, he spoke in simple, down-to-earth terms when asked about how he got to where he is today.

“I’ve always strived to be the best at everything I do — that’s it,” he said, sipping espresso at his private restaurant inside Luxottica’s futuristic Milan headquarters. “I could never get enough,” he said during another meeting, speaking slowly, almost shyly, as he toured the company’s new showroom in the city’s design district.

That meshes well with the image of a man who built his fortune through arduous 20-hour days which he says he doesn’t regret one bit, even though his early time as a worker saw him lose part of his left index finger in a factory accident.

While the metal-shop apprenticeship Del Vecchio took upon leaving the orphanage in 1949 earned him his first paycheck, it was only 300 lire, about 15 euro cents, for a tough 10 days of work.

One of his jobs at the shop was to buy lunch for his co-workers, but he was so poor he could barely afford to purchase anything for himself, so the future billionaire subsisted on cabbage soup cooked by his mother, toting a steaming pot to work each morning.

Few would have believed at the time that Del Vecchio would someday attain personal wealth of almost $30 billion, putting him in the running to be Italy’s richest person, along with the scions of the Nutella-making Ferrero family.

Although Del Vecchio stands out in terms of how far he’s come, he shares some of his history with a landmark generation of patriarchs that came to dominate post-war Italian industry. That group includes Silvio Berlusconi, Luciano Benetton and Giorgio Armani, all of whom, like Del Vecchio, were born in the 1930s.

“Our generation experienced hard times that tempered us, the years of war and reconstruction,” Armani said in an interview. “There was nothing, and we had to start from scratch,” said the Italian designer, whose partnership with Del Vecchio was a game changer for the eyewear business in the 1980s.

Following the 2018 tie-up between Luxottica and France’s Essilor, about 180,000 people work for Del Vecchio, from the tiny Dolomite village of Agordo in Italy where he founded his “factory” in 1961, to the US, where he listed Luxottica in 1990 on the New York exchange and later pulled off his most audacious deal, the acquisition of Ray-Ban. His 100 billion-euro goal is now another such marker.

Reaching that market-value target, Del Vecchio says, will help assure that the eyewear giant is strong enough to survive any technological disruption in the industry. That thinking also explains his 2014 decision to return to an operational role, despite the furor he created by ousting then-Chief Executive Officer Andrea Guerra.

For years, competitors have charged that Del Vecchio’s Godfather-like powers at Luxottica have given him outsized influence over the industry. Other critics sniff that he’s just another old Italian corporate founder unwilling to let go.

Del Vecchio shrugs all that off. “The company has changed more in the last 10 years than in the previous 50,” he said. “We were stuck, I had to return to embrace change.”

That’s led him to push harder on online sales, buy up his biggest European retail rival, and move to gain control of the global lens business. EssilorLuxottica has also given some hints of its future direction through a deal with Meta Platform’s Facebook.

Sixty years after founding Luxottica, Del Vecchio, a father of six from three different partners, admits that his dedication to the company came at a heavy price. In the early days, in particular, he spent very little time with his children.

“I put work before everything else and the factory became my real family,” he said. In recent years he’s made up for some of the lost time, and now spends most days with his extended family in Milan, or at his homes on France’s Cote d’Azur and the island of Antigua.

That doesn’t mean he has stopped thinking big. Some recent moves suggest Del Vecchio may be eyeing a role in the shakeup of the country’s financial industry.

In addition to building up a stake that makes him the top shareholder at investment bank Mediobanca SpA, Del Vecchio was part of the investor group that challenged management at the country’s biggest insurer, Assicurazioni Generali SpA.

The group came up short in its attempt to win control over the insurer, but for Del Vecchio the endgame could be about more than a mere management shakeup. He says he wants to help create a global leader in the finance industry.

“You need to be brave enough to keep doing things, to move forward,” Del Vecchio said of his plans, arguing that other Italian entrepreneurs have lacked the drive to take their companies to the top.

Italians “are great artisans, great artists, but often we stop at that level,” he said. “You have to have the courage to keep moving ahead.”


India defies global slump with record $82 billion deal spree India saw $82.3 billion pending and completed M&A deals in the second quarter, the highest amount on record, according to data compiled by Bloomberg. BLOOMBERG JUNE 28, 2022 / 06:51 AM IST

 

Representative Image

Bankers in India recorded their best-ever quarter for mergers and acquisitions while dealmaking elsewhere slows to a crawl.

India saw $82.3 billion pending and completed M&A deals in the second quarter, the highest amount on record, according to data compiled by Bloomberg. That’s more than twice as much than the previous record of $38.1 billion in the third quarter of 2019. Globally, M&A volume in the quarter reached $827.6 billion, down 8.7% from the same period in 2021.

The surge in India was dominated by HDFC Bank Ltd.’s $60 billion all-stock purchase of Housing Development Finance Corp. in April, combining India’s most valuable bank and largest mortgage lender in the country’s biggest ever M&A transaction. The move illustrated how India’s flagship companies, facing disruptive trends such as the rise of fintech and climate change, are turning to dealmaking as a tactic to dramatically reshape themselves.

“While conglomerates will consolidate to become stronger and gain market share in their core sectors, there will be renewed or new initiatives around two big themes: ESG and digital,” according to Sonjoy Chatterjee, chairman and chief executive officer for Goldman Sachs Group Inc. in India. The second in particular is a focus for all companies, no matter the sector, he added.

“There won’t be a strategy going forward that doesn’t provide a clear path to deliver this,” Chatterjee said.

The combination of Mindtree Ltd. and Larsen & Toubro Infotech Ltd., two software firms controlled by engineering conglomerate Larsen & Toubro Ltd., in a $3.3 billion all-stock deal announced in May further illustrated how India’s largest firms are positioning themselves for a changed landscape in technology, aided by volatility in the markets.

Even without the HDFC megadeal, India’s second quarter would still rank as its fifth-best quarter on record, thanks to transactions such as billionaire Gautam Adani’s $10.5 billion deal to buy Ambuja Cements Ltd., giving his conglomerate a sizable presence in the industry.

“The appetite of strategic investors has definitely increased, with market correction resetting the valuations in India,” said Ganeshan Murugaiyan, head of corporate coverage and advisory at BNP Paribas SA in India.

Companies in India leading the shift to renewable energy were among the biggest dealmakers. Shell Plc agreed to buy renewable power supplier Sprng Energy Pvt for $1.5 billion in April, while French oil giant TotalEnergies SE purchased a 25% stake in Adani New Industries Ltd. this month. The firm plans to invest more than $50 billion in technologies such as green hydrogen over the next decade.

Large acquisitions will be challenging to put together, Murugaiyan said. “It is not that easy to get long term financing and the high-yield leverage buyout market -- corporate loans -- is literally shut down.”

Like Chatterjee, Murugaiyan sees the green and digital transitions driving more transactions. His team has grown from nine bankers in 2021 to 12 this year, and he is looking to add another three.

The next wave of deals could come in the mid-market, where a cohort of aging founders is starting to hand the reins to their offspring.

“Regularly, we find the next generation has interests in other themes, particularly tech platforms and ESG,” Chatterjee said. “Themes coming out of the pandemic have revised perspectives and choices around what the next generation want to do with their futures -- in a very personal way.”

Used here for educational purposes for ICSI and ICAI Students 


HARD FACTS ABOUT INDIA AS PER MR.AJIT DOVAL AND HE IS RIGHT.

 


Monday, June 13, 2022

WELL DONE KUWAIT:-Kuwait to deport expats who protested over remarks against Prophet :-News in ET

 A week after summoning Indian envoy to convey concerns over remarks against Prophet Mohammad by erstwhile BJP spokespersons Nupur Sharma and Naveen Jindal, Kuwait in a significant move has decided to arrest and deport protestors including Asians who had hit streets on the issue last Friday.


The Kuwait government has issued instructions to arrest such protesters and deport them to their respective countries, ET has learnt. The government further stated that 'all migrants here should respect the laws and should not take part in any kind of demonstrations'.The protestors may include Indians besides Pakistani and Bangladesh nationals and other Arab expats. The protestors may be permanently banned from entering Kuwait, sources hinted.

On June 10, after the Friday prayers, 40-50 migrants had launched protests in Kuwait's Fahaheel area and raised slogans.Holding protests and agitations by foreigners is considered a serious crime in Kuwait. The authorities also aim to set an example, so that in future expats don't engage in such violations. The Kuwait government may also take appropriate actions against locals who were part of the demonstration.

Kuwait has been among India's oldest partners in the region and the royal family has historical ties with India. During the Delta wave of Covid Kuwait emerged as a key supplier of medical oxygen to India.Last year External Affair Minister S Jaishankar had travelled to Kuwait to meet the top leadership of Kuwait including the PM and handed over a special message from PM Narendra Modi and discussed various proposals in areas of food security, cyber security and energy sector to widen the partnership. A MoU for Cooperation on the Recruitment of Domestic Workers was signed. The MoU brings the Indian Domestic Workers in Kuwait within the ambit of a legal framework which streamlines their recruitment and provides them with protection of law.




AN INTERESTING CASE OF INDIAN GOVERNMENT OBLIGING BIG MAN MUKESH AMBANI BY INTENTIONALLY (A CASE OF DELIBATE LEGAL CARELESSNESS) LOSING US$111 MILLION DUE TO ITS SO CALLED LEATHARGIC LEGAL APPROACH.

 READ THIS NEWS

Govt loses challenge to $111 million arbitration award in dispute with Reliance/Shell


Synopsis

Rejecting the govt's arguments, the court said the objections are barred by an English law principle whereby a party cannot raise matters in new proceedings that could have been raised in earlier proceedings.



The government has lost its appeal in the English High Court against a USD 111 million arbitration award in favour of 
Reliance Industries Ltd
 NSE -3.02 % and Shell in a cost recovery dispute in the western offshore Panna-Mukta and Tapti oil and gas fields.

High Court judge Ross Cranston on June 9, 2022 ruled that the government should have brought its objections over the arbitration tribunal not meeting the required thresholds, when issuing the 2021 award earlier, two sources with knowledge of the matter said.

Rejecting the government's arguments, the court said the objections are barred by an English law principle whereby a party cannot raise matters in new proceedings that could have been raised in earlier proceedings.

While an email sent to the Ministry of Petroleum and Natural Gas for comments remained unanswered, officials said the government will study the court order and look for appropriate forums for remedy.

A separate email sent to 
Reliance
 NSE -3.02 % for comments too remained unanswered.

Reliance and Shell-owned BG Exploration & Production India on December 16, 2010, dragged the government to arbitration over cost recovery provisions, profit due to the State and amount of statutory dues including royalty payable. They wanted to raise the limit of cost that could be recovered from sale of oil and gas before profits are shared with the government.

The government of India also raised counter claims over expenditure incurred, inflated sales, excess cost recovery, and short accounting.

A three-member arbitration panel headed by Singapore-based lawyer Christopher Lau by majority issued a final partial award (FPA) on October 12, 2016. It upheld the government view that the profit from the fields should be calculated after deducting the prevailing tax of 33 per cent and not the 50 per cent rate that existed earlier.

It also upheld that the cost recovery in the contract is fixed at USD 545 million in Tapti gas field and USD 577.5 million in Panna-Mukta oil and gas field. The two firms wanted that cost provision be raised by USD 365 million in Tapti and USD 62.5 million in Panna-Mukta.

Royalty, it said, had to be calculated after inclusion of marketing margin charged over and above the wellhead price of natural gas.

The government used this award to seek USD 3.85 billion in dues from Reliance and BG Exploration & Production India Ltd (BGEPIL).

The two firms challenged the 2016 FPA before the English High Court, which on April 16, 2018, remitted one of the challenged issues back to the Arbitral Tribunal for reconsideration.

The arbitration tribunal ruled in favour of the two in a January 29, 2021 award.

"The Arbitral Tribunal decided in favour of the Claimants (Reliance and BGEPIL) in large part vide its final partial award dated October 1, 2018. Government of India and Claimants filed an appeal before the English Commercial Court against this 2018 FPA," Reliance had said in its annual report last year.

"The English Commercial Court rejected GoI's challenges to the 2018 Final Partial Award and upheld Claimants' challenge that the Arbitration Tribunal had jurisdiction over the limited issue and remitted the issue back to the Arbitration Tribunal," it added.

The final award on the issue came in January 2021, it had stated.

Subsequently, both sides filed clarification applications before the tribunal, which on April 9, 2021 granted minor corrections requested by Reliance and Shell and rejected all of the government's clarification requests.

Thereafter, the government challenged the award before the English High Court.

The court gave its ruling on June 9, 2022, they said.

The government had used the 2016 partial award not just to raise a USD 3.85 billion demand on Reliance and Shell but also sought to block Reliance's proposed USD 15 billion deal with Saudi Aramco on grounds that the company owed money to it.

Following this, the court asked company directors to file affidavits listing assets.

Reliance and Shell had countered the government petition in the Delhi High Court saying the petition is an abuse of process as no arbitration award has fixed any final liability of dues on the company.

"GoI has also filed an execution petition before the Delhi High Court... seeking enforcement and execution of the 2016 FPA," the annual report had said. "The Claimants contend that GoI's Execution Petition is not maintainable."

The government's Execution Petition is currently sub judice.

"Claimants have also filed an application for recall /modification, challenging the Orders of Delhi High Court wherein directors were directed to file affidavits of assets. The matter is listed on July 13, 2021, for hearing," it had said.

The Panna-Mukta (primarily an oil field) and Mid & South Tapti (gas field) are shallow-water fields located in the offshore Bombay basin. Discovered by state-owned Oil and Natural Gas Corp (ONGC), they were bid out in 1994 to a consortium of 
ONGC
, Reliance (30 per cent) and Enron Oil & Gas India Ltd (30 per cent).

In February 2002, BGEPIL acquired Enron's 30 per cent stake in the joint venture. BGEPIL was subsequently taken over by Shell.

The production sharing contract (PSC) for the fields stipulated deducting costs incurred on field operations from oil and gas sold before sharing profit with the government. Disallowing certain items in the cost would result in higher profit petroleum for the government.

Reliance and BGEPIL sought raising of cost recovery limit through arbitration.




Thursday, June 9, 2022

DO NOT TRUST THE WEST BY KANTHASWAMY BALASUBRAMANIUM THRU QUORA

 



During the First “Negotiations” with Zelensky, Russia only controlled 1 City, 109 Settlements , 9000 Sq Kms of Territory and still had a shaky economy

Initially Zelensky agreed to not ask for Security Guarantees for the disputed 13750 Sq Kms of Donbass and Crimea and Promised NATO Neutrality

Within 24 Hours - Zelensky refused to ‘not ask’ for Security Guarantees for the 13750 Sq Kms of Donbass and also refused to acknowledge Crimea - instead asking for a 15 year moratorium

Within 48 hours - Even before Russia sent a counter proposal , Zelensky refused all the offers of any prospective peace after meeting his old friend PM Boris Johnson who had a message from the “Loser brigade” - Dont give up anything including NATO Neutrality

Within 72 Hours - Ukraine planted a false flag in Bucha , threw Russia out of the Human Rights Council, Claimed to have chased Russia from Kyiv , Claimed to be winning the War, The Entire West had added 2 more packages of Sanctions on Russia and the entire Peace meeting was rubbished by Zelensky

Within 216 Hours - Ukraine hit their own civilians with a Missile in Kramatorsk and once again the Western Media came after Russia but this time Ukraine made too many mistakes and the West swept everything under the Carpet and developed Amnesia.

FAST FORWARD TO TODAY

AND NOW THEY SAY “DIPLOMACY IS THE ONLY SOLUTION!!!!!”

With friends like these Who needs Enemies

Ukraine could have got away with 13750 Sq Kms Loss of Territory and an Uncertain Russia with Putins popularity reducing quite a bit (Especially Pre Bucha days)

Instead they face minimum 100,000 Sq Kms Loss of Territory (20% Ukraine) , a Resurgent Russia and Putins Popularity surging at a record high

LESSON FOR TAIWAN - DONT TRUST THE WEST!!!