Volkswagen sues India to quash ‘enormous’ $1.4bn tax demand

NEW DELHI: Volkswagen has sued Indian authorities to quash an “impossibly enormous” tax demand of $1.4 billion, arguing the ask is contradictory to New Delhi’s import taxation rules for car parts and will hamper the company’s business plans, court papers show.

Volkswagen’s unit, Skoda Auto Volkswagen India, also told the High Court in Mumbai the tax dispute puts at risk its investments of $1.5 billion in India, and is detrimental to the foreign investment climate, according to the 105-page filing which is not public but was reviewed by Reuters.

In the biggest ever import tax demand, India in September slapped a $1.4 billion tax notice on Volkswagen for using a strategy to break down imports of some VW, Skoda and Audi cars into many individual parts to pay a lower duty.

Indian authorities alleged Volkswagen imported “almost the entire” car in unassembled condition - which attract a 30-35% tax applicable on CKDs, or completely knocked down units, but evaded the levies by mis-classifying them as “individual parts” coming in separate shipments, paying just a 5-15% levy.

Volkswagen India had kept the Indian government informed of its “part-by-part import” model and received clarifications in its support in 2011, the company says in the court challenge.

The tax notice is “in complete contradiction of the position held by the government ... (and) places at peril the very foundation of faith and trust that foreign investors would desire to have in the actions and assurances” of the administration, the Jan. 29 court filing states.

The Indian finance ministry and the customs official who issued the demand order did not respond to requests for comment outside regular business hours.

Volkswagen’s India unit said in a statement it is using all legal remedies as it cooperates with authorities and remains committed to ensuring “full compliance” with all global and local laws. A Volkswagen spokesperson in Germany did not respond to a request for a comment.