SABMiller is facing tax charges in India for its takeover of Fosters India beer operations in 2006

SABMiller is facing tax charges in India for its takeover of Foster's India beer operations in 2006

SABMiller has lodged an appeal against plans by the Indian government which could see the brewer retrospectively charged capital gains tax over its acquisition of Foster's Indian beer operations. 

SABMiller confirmed today (24 August) it has filed a petition at the Bombay High Court over the proposed charges. The changes were introduced in a new Finance Act this year, which allows the government to retrospectively change tax laws. 

Concerns about the changes were first raised in April by the Confederation of British Industry

The appeal is part of the same case dating back to May last year over India's tax authorities' claim for US$42m from SABMiller's acquisition of the licence to produce Foster's lager in India in 2006

"Our filing has been made primarily on the grounds that the Double Tax Avoidance Treaty between India and Australia affords us protection," a SABMiller spokesperson told just-drinks. "Secondly, that the recent retrospective amendments made to the Finance Act run contrary to principles of fairness enshrined in the Indian constitution."