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 * Posted On: December 21,2022
 * Posted By: Admin


TATA GROUP MOVES BOMBAY HC ON RS 1,500 CRORE GST CLAIM OVER 2017 SETTLEMENT WITH
DOCOMO



The Tata Group has knocked on the Bombay High Court’s doors against a Rs 1,500
crore goods and services tax (GST) claim related to its 2017 dispute settlement
with NTT Docomo, which involved $1.27 billion in payments to the latter.

The GST claim has been made by the Directorate General of GST Intelligence
(DGGI) which the salt-to-software conglomerate has challenged, after having
sought the Centre’s invention in the matter earlier. The DGGI is intent on
pursuing the case, officials close to the development told Economic Times.

The agency had in October issued an intimation of tax to the company,
ascertained as payable through the DRC-01 A form, sources added. "The said form
is issued before a notice is sent. However, the company has filed a writ
petition and, therefore, a call on the SCN will now be taken once the matter is
decided by the court," according to another person in the know of it.

The Tata Group filed the writ before the Bombay High Court in November under
Article 226 and hearing on the matter is scheduled for January 9. Union of
India, through the Ministry of Finance, and the Central Board of Indirect Taxes
& Customs (CBIC), through the Secretary and the Additional Director, DGGI, have
been made respondents in the case.

According to the conglomerate, the payment was the outcome of arbitration
proceedings in a London court and, hence, GST was not applicable. "The amount
was the dues paid on behalf of Tata Teleservices by Tata Sons and not for any
services rendered by Docomo. It is an arbitration case that was paid and
closed," a senior official shared.

"Since Tata Sons is the holding company, it is liable to pay 18 per cent GST on
behalf of Tata Teleservices. The matter is being pursued by DGGI, and the
department is of the view that this route could be taken by other companies to
avoid paying GST levied on services rendered and, hence, setting a precedent is
a must," a senior official told ET.

In 2009, the Japanese mobile phone operator picked up a 26.5 per cent stake in
Tata Teleservices. It was agreed between the two sides that Docomo could exit
the venture at a pre-determined minimum price - at least half of what it paid to
acquire the stake and the Japanese firm sought to exercise that option. However,
the Reserve Bank of India (RBI) was of the view that an exit like this could
only take place at fair market value in accordance with a rule amended in 2013.

This was cited by the Tata Group, then being led by the late Cyrus Mistry, and
said it couldn't pay the agreed sum. Four years later in 2017, the Japanese
mobile company filed for international arbitration in which it said that it
received from Tata Sons $1.27 billion awarded by an international arbitration
court for its stake in Tata Teleservices.

Source:https://www.timesnownews.com/business-economy/companies/tata-group-reaches-bombay-hc-on-rs-1500-crore-gst-claim-over-2017-settlement-with-docomo-article-96386829



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