April 26, 2024

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Exceptional: ByteDance says India’s freeze on bank accounts is harassment

3 min read

By Abhirup Roy and Aditya Kalra

MUMBAI (Reuters) – China’s ByteDance has advised an Indian courtroom that a govt freeze on its financial institution accounts in a probe of possible tax evasion quantities to harassment and was finished illegally, in accordance to a submitting viewed by Reuters.

ByteDance in January reduced its Indian workforce soon after New Delhi maintained a ban on its common movie application TikTok, imposed past yr soon after a border clash involving India and China. Beijing has continuously criticised India over that ban and all those of other Chinese applications.

An Indian tax intelligence unit in mid-March purchased HSBC and Citibank in Mumbai to freeze lender accounts of ByteDance India as it probed some of the unit’s fiscal dealings. ByteDance has challenged the freeze on the four accounts in a Mumbai court docket.

None of ByteDance India’s workers have been compensated their March salaries owing to the account freeze, reported two individuals common with the issue. The enterprise advised the courtroom it has a workforce of 1,335, which include outsourced personnel.

In the 209-webpage court docket filing lodged on March 25, ByteDance explained to the Significant Courtroom in Mumbai the authorities acted versus the enterprise devoid of any content evidence and gave no prior see, as demanded by Indian legislation, just before these “drastic motion”.

Blocking accounts “all through the method of investigation amounts (to) implementing undue coercion,” ByteDance argued. It is “intended, improperly, to harass the petitioner.”

India’s Directorate Typical of Products & Products and services Tax Intelligence, and the finance ministry which oversees it, did not immediately react to requests for comment over the weekend.

The aspects of the tax investigation have not earlier been documented. The tax agency instructed ByteDance final 12 months it experienced good reasons to believe that the firm suppressed sure transactions and claimed extreme tax credits, the filing reveals.

ByteDance declined to comment on its court submitting but explained to Reuters on Tuesday it disagrees with the choice of the tax authority. HSBC declined to comment, when Citibank did not respond.

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The court declined to grant ByteDance instant reduction in a transient hearing on Wednesday. The following listening to is scheduled for Tuesday.

The investigation centres on prospective evasion of taxes related to on the internet advertising and other monetary dealings concerning ByteDance India and its guardian entity in Singapore, TikTok Pte Ltd. TikTok did not answer to an electronic mail searching for remark.

ByteDance told the courtroom its India workforce incorporates 800 persons working in its “have faith in and safety” group that supports things to do like information moderation abroad.

The enterprise has “robust organization ideas in India and is not contemplating winding up,” it reported, urging the court docket to lift the freeze on the accounts.

The tax agency started off investigating the firm in July. It inspected paperwork at the company’s office environment and summoned and questioned at the very least three executives, the filing says. Authorities also requested ByteDance to submit files, which includes invoices and agreements signed with some purchasers.

ByteDance representatives “appeared a number of situations” in advance of tax officers and presented files, the filing suggests.

TikTok, just one of India’s most well-liked movie applications just before it was banned, has confronted scrutiny around the globe.

Under then-President Donald Trump, the United States alleged the app posed countrywide security concerns. The new administration of Joe Biden has paused a govt lawsuit that could have resulted in a de facto ban on TikTok’s use there.

(Reporting by Abhirup Roy in Mumbai and Aditya Kalra in New Delhi Modifying by William Mallard)

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