Essar Oil likely to file review petition against Supreme Court verdict

18 Jan 2012 Evaluate

Essar Oil is examining all legal options and is likely to file review petition in the Supreme Court against the Apex Courts’ ruling that company has to pay Rs 9,100 crore in sales tax to the Gujarat government. The Supreme Court verdict deals with sales tax deferment scheme and not an exemption in any form.

The sales tax deferment benefit to the company was a loan repayable on the earlier of 2021/22 or on exhaustion of the full eligible amount in six equal annual installments. The quantum of the sales tax deferment benefit is estimated to be Rs 9,100 crore.  Against this Essar Oil has utilized around Rs 6,300 crore as benefit under the sales tax deferment scheme.

Following the Supreme Court ruling, any repayment schedule is expected to be discussed and finalized with the State Government and/or Court. The sales tax deferment liability has been assigned at Rs 1,800 crore as of December 31, 2011, which is repayable in accordance with the terms of agreement. The company is already in discussion with the Corporate Debt Restructuring (CDR) lenders for exiting the CDR and this process is expected to be completed shortly.

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