How 1996 World Cup is back to haunt foreign portfolio investors

The Budget earlier this year announced a 20% withholding tax on dividends paid to FPIs.

A recent Supreme Court ruling on the 1996 Cricket World Cup could have implications for foreign portfolio investors.

The ruling held that provisions for deducting tax at source will apply even to those covered by tax avoidance treaties. The Budget earlier this year announced a 20 per cent withholding tax on dividends paid to FPIs. Taken together, it may mean FPIs cannot seek treaty protection against the new withholding tax that companies are required to deduct at source, according to experts. The apex court order pertains to when the cricketing bodies of Pakistan, India, and Sri Lanka formed a joint committee to conduct the 1996 Cricket World Cup. The panel had made certain payments overseas as part of the tournament.

“India, Pakistan, and Sri Lanka were selected, on the basis of competitive bids, to have the privilege of jointly hosting the 1996 World Cup. These three host countries were required to pay varying amounts… in connection with conducting the preliminary phases of the tournament and also for promoting the game in their respective countries,” noted the order.

The tax department later said it should have deducted taxes for the same. The final Supreme Court order on the matter came on April 29, where it ruled in favour of the tax authorities while also noting that a Double Taxation Avoidance Agreement (DTAA) cannot shield investors from a withholding tax.

“The obligation to deduct tax at source under Section 194E (of the Income-tax Act) is not affected by the DTAA and in case the exigibility to tax is disputed by the assessee on whose account the deduction is made, the benefit of the DTAA can be pleaded and if the case is made out, the amount in question will always be refunded with interest. But, that by itself, cannot absolve the liability under Section 194E,” it said.