Nokia invokes India-Finland bilateral treaty to solve tax row

Tags: News
With tax authorities pressing with over Rs 21,000 crore in unpaid dues, Finnish telecom major Nokia has invoked the Bilateral Investment Promotion and Protection Agreement (BIPA) India has with Finland to resolve the dispute.

Nokia late last month wrote to Prime Minister invoking dispute settlement clause in the India-Finland BIPA to settle the row that had led to its Chennai plant being left out of the over USD 7.2-billion deal with Microsoft.

The treaty provides for amicable conciliation proceedings and arbitration under local and the United Nations Commission on International Trade Law (UNCITRAL).

"Nokia is keen to work with authorities in India to resolve the tax disputes. As one of our actions, Nokia has sent a letter under Finland India Bilateral Investment Treaty (BIT) to the Prime Minister of India. The letter seeks for amicable resolution of the current tax disputes," a Nokia spokesperson told PTI.

Nokia, which last month completed sale of its handset business to Microsoft for over USD 7.2 billion, could not sell its Chennai manufacturing plant to the software giant as it is embroiled in the tax dispute with the Income Tax Department and the Tamil Nadu Government.

The company had approached the Prime Minister's Office (PMO) last month with the request.

However, BIPA clauses state that if a dispute between the country and the investor cannot be settled amicably within 3 months, the investor can approach local courts or seek international conciliation under UNCITRAL Conciliation Rules for its resolution.

The party can also approach the International Centre for Settlement of Investment Disputes or approach an adhoc arbitral tribunal under the Arbitration Rules of UNCITRA.

On the status of request made by the Finnish government last year to consider resolving the tax row under mutual agreement procedure, Nokia said: "Both the governments started the mutual agreement process (MAP) with an aim to resolve double taxation as per the provisions of India - Finland double tax treaty and negotiations are still on."

The application for negotiated settlement of the tax dispute was filed under the Double Taxation Avoidance Agreement (DTAA) between India and Finland.

Post new comment

E-mail ID will not be published
CAPTCHA
This question is for testing whether you are a human visitor and to prevent automated spam submissions.

EDITORIAL OF THE DAY

  • Child abuse needs to be tackled with the seriousness it deserves

    The Bangalore rape case has again brought into focus an issue we Indians forever shy away from facing up to — child sexual abuse.

FC NEWSLETTER

Stay informed on our latest news!

INTERVIEWS

GV Nageswara Rao

MD & CEO, IDBI Federal Life

Timothy Moe

Goldman Sachs

Chander Mohan Sethi

CMD, Reckitt Benckiser India

COLUMNIST

Varun Dutt

<b>Riskfactor</b>: THE BASE RATE BIAS

Base rate fallacy, also called base rate neglect or base ...

Parvez Imam

Revisiting history can do us all good

We often think that we understand history. We read it ...

Bubbles Sabharwal

Your happiness doesn’t depend on your needs

They are two different words (and even worlds) altogether: having ...

INTERVIEWS

William D. Green

Chairman & CEO, Accenture