DRI issues three notices to Xiaomi India, alleges Rs653cr custom duty evasion

6 Jan 2022 , 03:31 PM

The Finance Ministry announced that three show-cause notices have been issued to Xiaomi Technology India for demand and recovery of duty amounting to Rs653cr for the period between April 01, 2017, to July 30, 2020, under the provisions of the Customs Act, 1962.

The FinMin highlighted that based upon intelligence that 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. During the investigation, 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 Beijing Xiaomi Mobile Software Co. Ltd., under contractual obligation. 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.

During the investigations, it further emerged that the “royalty and licence fee” paid by Xiaomi India to Qualcomm USA and Beijing Xiaomi Mobile Software, 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.

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 violates 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.