\"The Competent Authority appointed under Section 37A of the Foreign Exchange Management Act has confirmed the seizure order of Rs. 5551.27 Crore dated 29.04.2022 passed by the Directorate of Enforcement (ED) against Xiaomi Technology India Private Limited<\/a> under the provisions of FEMA,\" the enforcement directorate said in a press release.
This is the highest amount of seizure order in India which has been confirmed by the authority till date.
The chief customs official, Chennai, who was appointed as the competent authority in this case, held that ED is right in holding foreign exchange equivalent to Rs 5551.27 crore, stating that the smartphone market leader has transferred the amount of India in an unauthorised manner and is held on behalf of the group entity in contravention to section 4 of FEMA.
While confirming the order, the competent authority also observed that payment of royalty is \"nothing but a tool to transfer foreign exchange out of India and the same is in blatant violation of provisions of FEMA.\"
The Karnataka High Court had directed Xiaomi India to first approach the competent authority, after the company filed a writ petition against ED's orders.
The enforcement directorate had issued a seizure order of Xiaomi India's bank assets to the tune of Rs 5551.27 crore alleging the company had unauthorisedly remitted this amount in guise of royalty out of India.
\"Such huge amounts in the name of royalties were remitted on the instructions of their Chinese parent group entities. The amount remitted to other two US based unrelated entities were also for the ultimate benefit of the Xiaomi group entities,\" ED said.
The agency claimed that Xiaomi India is merely a trader and distributor of mobiles in India which are procured as completely manufactured mobile sets from other manufacturers in India.
\"Xiaomi India has not availed any service from the three foreign based entities to whom such amounts have been transferred. Under the cover of various unrelated documentary façade created amongst the group entities, the company remitted the amount in guise of royalty abroad.,\" the ED said.
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