Infosys gets service tax notice for Rs 33 crore

Secondary Mkt 1223 views 4 replies

 

Infosys gets service tax notice for Rs 33 crore

2
NEW DELHI: The Indian IT sector continues to be in the news for all wrong reasons with another leading firm Infosys coming under the government 
scanner for alleged evasion of service tax worth Rs 33 crore on commission paid by the company for its global issue. 



"We have issued showcause notice as the company has not paid service tax on the underwriting commission paid by Infosys towards American Depository Receipt (ADR) for the years 2003, 2005 and 2006," said a senior tax official. 



The service tax commissionerate in Bangalore issued showcause notice to the company on October 24, 2008, he said. 



By sponsoring ADRs in the overseas markets, the company aimed at increasing foreign share holding in the firm. 



However, the company in this regard has said the notice is not a determination of any liability and that the company has time till the first week of February to reply. 



"We strongly believe that since it is a sponsored ADR program, the company had not taken any taxable services and only facilitated the issue. The services were basically taken by the selling shareholders. We will be replying in detail to the authorities in due course," Infosys Technologies Chief Financial Officer Balakrishnan V told PTI. 



Companies which sponsor ADRs do it with an intention of increasing the liquidity of its foreign-listed stocks. The move is also aimed at increasing market capital in these foreign bourses, getting the stocks to be covered by global analysts and held by well-known, long-term investors.
 
 
 


Replies (4)

FROM THIS WHAT WE CAN UNDERSTAND THEY OR NEGLIBLE OR THEY CHEATING OR ????CLARIFY SIR

Originally posted by :balasubramanya
" FROM THIS WHAT WE CAN UNDERSTAND THEY OR NEGLIBLE OR THEY CHEATING OR ????CLARIFY SIR "

NO-NOT NEGLIGIBLE NOR CHEATING ----CO-HAVE ITS LEGAL ADVISORS---SO ALL DEPENDS ON CASE WHAT IS ---WHICH WE THIS TIME WE DO'T NOT KNOW-LETS-SEE AHED IF PUBLISHED IN NEWS -------------------

ANYWAY THANKS FOR ASKING REPLY

thanks for replying to my query sir...

Let me bring about my experiences in association with one such ADR issue.
 
The ADR issue is guided by FEMA / RBI Notifications. The sponsored ADR issue is guided by FEMA Notfn 41/2001-RB dated March 2, 2001
 
The RBI’s regulation   A.P. (DIR Series) Circular No. 52 dated 23rd November 2002 discusses about the sponsored ADR / Divestment by shareholders of their holdings of Indian companies, in the overseas markets.
 
The gist of the said regulations is that, the process of divestment would be initiated by such Indian companies whose shares are being offered for divestment in the overseas market. As per Indian regulations, only a Company can sponsor an ADR. However, SEC regulations also allows the Depository / or other interest parties so sponsor an ADR (Depending on the level of ADR).
 
The RBI guidelines also stipulate that, the sponsoring Company shall pass on all the proceeds to its participating share holder, after deducting expenses.
 
I presume, it is these expenses for which the Dept is demanding Service Tax. Obviously, the demand is being made under the draconian reverse charge mechanism. In such cases, the moot point would be rather who primarily brings the services into India and not who ultimately consumes it. As these expenses are deducted and passed on to the share holders who are participating the ADR issue, I presume the Dept expects M/s Infosys Technology Ltd to deduct the Service Tax portion too.
 
In this respect, the thorough study of the SCN is required before commenting on whether the notice is frivolous / flippant or serious. I request the forums members to post any information on the SCN / gist of the SCN before discussing about the merits of the SCN.
 
With Regards
Harsha R N

 


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