Despite arbitration tug of war, mutual settlement is key (The Hindu, GS-2, GS-3 Economics)

Despite arbitration tug of war, mutual settlement is key (The Hindu, GS-2, GS-3 Economics)

Issue:-  Foreign companies like vodafone and cairn energy from U.K. went against indian government in permanent court of arbitration.

  • Major issues was tax avoidance
  • What is tax avoidance
        • When tax structure loopholes are exploited by the companies, though it is not illegal but it is morally corrupt.
        • Exploiting the DTAA, round tripling all are kind of tax avoidance.
    • To tackle this government brought the GAAR (General anti avoidance rule)
      • Intention of parties, which are the part of dispute, will be checked if the intention was to avoid the tax or to do a legitimate business.
  • Why these issues must be tackled or such types of issues must be avoided.
    • Resolving the issues will provide confidence to the investors.
    • It will encourage the FDI.
    • We must tackle the issues with the mechanism where both government and dispute parties are the part of structure.

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