JOIN USIndia slaps Rs 653 crore import duty evasion notice on Xiaomi
The Directorate of Revenue Intelligence (DRI) has issued three show-cause notices to Chinese smartphone maker Xiaomi India for customs duty evasion to the tune of Rs 653 crore from April 2017 to June 2020 under the provisions of the Customs Act, 1962.
"Based upon an intelligence that Xiaomi Technology India Private Limited (Xiaomi India) was evading customs duty by way of undervaluation, an investigation was initiated by the Directorate of Revenue Intelligence (DRI) against Xiaomi India and its contract manufacturers," the finance ministry said in a statement.
It said that searches were conducted by the DRI at the premises of Xiaomi India, which led to the recovery of incriminating documents indicating that Xiaomi India was remitting royalty and licence fees to Qualcomm USA and to Beijing Xiaomi Mobile Software Co. Ltd., under contractual obligation.
Also read: Xiaomi must redefine its smartphone strategy to stay on course
Statements of key persons of Xiaomi India and its contract manufactures were recorded, during which one of the directors of Xiaomi India confirmed the said payments, it said.
During the investigations, it emerged that the “royalty and licence fee” paid by Xiaomi India to Qualcomm USA and to Beijing Xiaomi Mobile Software Co. Ltd., China (related party of Xiaomi India) were not being added to the transaction value of the goods imported by Xiaomi India and its contract manufacturers.
The investigations conducted by the DRI further showed that Xiaomi India is engaged in the sale of MI brand mobile phones and these mobile phones are either imported by Xiaomi India or assembled in India by importing parts and components of mobile phones by contract manufacturers of Xiaomi India. The MI brand mobile phones manufactured by the contract manufacturers are sold exclusively to Xiaomi India, in terms of the contract agreement, the ministry said.
Evidence gathered during the investigations by the DRI indicated that neither Xiaomi India nor its contract manufactures were including the amount of royalty paid by Xiaomi India in the assessable value of the goods imported by Xiaomi India and its contract manufacturers, which is in violation of Section 14 of the Customs Act, 1962 and Customs valuation (determination of the value of imported goods) Rules 2007.
By not adding “royalty and licence fee” into the transaction value, Xiaomi India was evading Customs duty being the beneficial owner of such imported mobile phones, the parts and components thereof, the ministry said.
Check out latest videos from DH: