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Written by Khushboo Narayan | Mumbai | Published: January 3, 2018 1:18 am
Home Business Companies DRI investigation: Pernod Ricard India ‘evaded’ Rs 612.72-crore customs duty
DRI investigation: Pernod Ricard India ‘evaded’ Rs 612.72-crore customs dutyPernod Ricard reported 1 per cent sales growth in India during the nine months that ended March 31, 2017.
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Pernod Ricard India manufactures popular brands such as Royal Stag, Imperial Blue and Blenders Pride.
A probe by the Directorate of Revenue
Intelligence (DRI) has found that Pernod
Ricard India Pvt Ltd, the Indian arm of the
world’s second-largest spirits maker, has
allegedly evaded Customs duty of about Rs
612.72 crore in the last six years, sources told
The Indian Express.
The probe found, sources said, that Pernod
Ricard India allegedly undervalued imports
of bottled-in-origin products (drinks made
and bottled abroad) from a related firm
Pernod Ricard Gulf, Dubai. Some of the
bottled in origin products of Pernod Ricard
include The Glenlivet, Chivas Regal and
Ballentine’s, among others.
Pernod Ricard India and Pernod Ricard Gulf are both wholly owned subsidiaries of
Peri Mauritius Ltd.
Pernod Ricard India manufactures popular brands such as Royal Stag, Imperial
Blue and Blenders Pride. In India, it has over 45 per cent share of the spirits market
in terms of value.
Pernod Ricard India, sources said has already voluntarily deposited about Rs 48
crore against the total alleged liability of Rs 612.72 crore during the course of the
DRI probe.
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The official spokesperson of Pernod Ricard India declined to comment on the
findings of the DRI. The DRI investigation alleged that Pernod Ricard Gulf entered
into a distributor agreement with Pernod Ricard India in April 2006 to increase
sales.
Typically, Pernod Ricard Gulf procures bottled-in-origin products from several
brand owners and supplies it to Pernod Ricard India, which then sells it in India.
According to the agreement, Pernod Ricard India is required to incur expenses on
advertisement, marketing and sales promotion of the imported product with prior
approval of the Dubai firm.
The agency has alleged that the agreement mathematically stipulates the quantum
of funds required to be spent by Pernod Ricard India on advertisement and
promotion. It also stipulates the profits of Pernod Ricard India from their domestic
sales of imported products. Sources said while these expenses have been dictated
by the Dubai firm for its benefit, Pernod Ricard India has not included these costs
incurred on advertisement and marketing of the imported products while
determining the value of the imports.
This, according to the probe agency, has resulted in short payment of Customs duty
to the tune of Rs 598 crore.
“The transaction value between Pernod Ricard Gulf and Pernod Ricard India has
excluded the expenses pertaining to advertisement, marketing, and sales
promotion incurred by the Indian firm. Legally, in terms of the provisions of Rule
10 (1) (e) of the Customs Valuation (Determination of value of imported Goods)
Rules, 2007, all expenditure incurred by the buyer in India on behalf of the seller
located outside India, as a condition of sale, should be a part of the value of the
imported goods,” said a source.
Apart from this, the DRI has also alleged that a scrutiny of imports in relation to the
actual outward remittances has found undervaluation of imported goods by Pernod
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Ricard India to the extent of Rs 9.41 crore, resulting in alleged duty evasion of
Rs.14.72 crore.
Pernod Ricard reported 1 per cent sales growth in India during the nine months
that ended March 31, 2017.
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