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Tax disputes between India and foreign companies

In India, foreign companies often face difficulties due to the high tax demands imposed on them by India. These include levies on large M&A deals or duty evasion.

The following are the most important tax disputes that have occurred in the past and currently involving foreign companies.

Kia, a South Korean car manufacturer, has been accused by officials of evading $155 million worth of taxes through misclassification. The company, however, is disputing this privately with the officials.

Kia imports parts of a vehicle in separate shipments, assembling the vehicles in India. They pay a lower applicable tax, avoiding the higher tax when the parts are assembled as a CKD (completely knocked-down unit) of a automobile.

VOLKSWAGEN

Volkswagen, in a case similar to Kia's, has sued Indian authorities at a Mumbai court, after receiving a tax notice of $1.4 billion for importing parts that were related to 14 models including some Audi models instead of classifying the parts as CKD.

In its court case, the German automaker argues that India's tax demands are "impossibly large" and will affect their investment in India as well as foreign investor sentiment.

VODAFONE

In one of the more controversial cases, Vodafone received a tax demand of $2 billion when it bought Indian assets from HutchisonWhampoa for $11 billion in 2007.

In the dispute, there were years of litigation. The Indian top court ruled in favour of the company. This was followed by a law change that reimposed demand and international arbitration between both sides. Vodafone won the arbitration in 2020.

CAIRN ENERGY

Cairn Energy, a British company, was hit with a tax bill of more than $1.4billion in 2007 for the transfer shares that occurred during reorganization.

Cairn sold its majority share of Cairn India in 2011 to Vedanta Ltd. This reduced its stake in the Indian firm to around 10%.

In 2021, the Indian government and Cairn india finally settled their years-long dispute by offering to refund tax amounts.

PERNOD RICHARD

Indian authorities have accused the French liqueur giant Pernod Ricard of undervaluing some imports over a period of more than 10 years to avoid paying full duties.

India has demanded roughly $250 million of back taxes, but Absolut and Chivas Regal have disputed the findings. The dispute is still pending.

Pernod warned the Narendra Modi administration in 2022 that its tax disputes with authorities over the valuation of liquor imports had hampered new investment and its existing business.

Indian authorities have accused BYD, a Chinese automaker, of not paying $8.37m for parts used in cars that it assembles and then sells in India.

BYD deposited the request but the investigation is still underway and could result in additional tax charges and penalty, as has been reported previously. (Reporting and editing by Aditya K. Kalra; Arpan Chaturvedi)

(source: Reuters)