Exclusive-Xiaomi accuses Indian agency of ‘physical violence’ threats during probe

By Aditya Kalra and Abhirup Roy

NEW DELHI (Reuters) – Chinese language smartphone maker Xiaomi Corp has alleged its high executives confronted threats of “bodily violence” and coercion throughout questioning by India’s monetary crime combating company, in accordance with a courtroom submitting seen by Reuters.

Officers from the Enforcement Directorate warned the corporate’s former India managing director, Manu Kumar Jain, present Chief Monetary Officer Sameer B.S. Rao, and their households of “dire penalties” if they didn’t submit statements as desired by the company, Xiaomi’s submitting dated Could 4 acknowledged.

After the Reuters story was revealed, the Enforcement Directorate issued a press release saying Xiaomi’s allegations have been “unfaithful and baseless” and firm executives had deposed “voluntarily in probably the most conducive surroundings”.

Xiaomi has been beneath investigation since February and final week the Indian company seized $725 million within the firm’s India financial institution accounts, saying it made unlawful remittances overseas “within the guise of royalty” funds.

Xiaomi has denied any wrongdoing, saying its royalty funds have been legit.

On Thursday, a choose heard Xiaomi legal professionals and placed on maintain the Indian company’s resolution to freeze financial institution property. The subsequent listening to is ready for Could 12.

The corporate alleges intimidation by the enforcement company when executives appeared for questioning a number of instances in April.

Jain and Rao have been on sure events “threatened … with dire penalties together with arrest, injury to the profession prospects, felony legal responsibility and bodily violence if they didn’t give statements as per the dictates of” the company, in accordance with the submitting within the Excessive Courtroom of southern Karnataka state.

The executives “have been in a position to withstand the strain for a while, (however) they finally relented beneath such excessive and hostile abuse and strain and involuntarily made some statements,” it added.

In its media assertion, the Enforcement Directorate mentioned it’s a “skilled company with sturdy work ethics and there was no coercion or menace to the officers of the corporate at any level of time”.

Xiaomi declined to remark citing pending authorized proceedings. Jain and Rao didn’t reply to Reuters queries.

Jain is now Xiaomi’s world vice chairman based mostly in Dubai and is credited with Xiaomi’s rise in India, the place its smartphones are vastly well-liked.

Xiaomi was the main smartphone vendor in 2021 with a 24% market share in India, in accordance with Counterpoint Analysis. It additionally sells different tech devices together with good watches and televisions, and has 1,500 staff within the nation.

FIGHT OVER REMITTANCES

Many Chinese language corporations have struggled to do enterprise in India resulting from political tensions following a border conflict in 2020. India has cited safety considerations in banning greater than 300 Chinese language apps since then and in addition tightened norms for Chinese language corporations investing in India.

Tax inspectors raided Xiaomi’s India workplaces in December. On receiving data from tax authorities, the Enforcement Directorate – which probes points similar to international trade legislation violations – began reviewing Xiaomi’s royalty funds, courtroom paperwork present.

The company final week mentioned Xiaomi Expertise India Personal Restricted (XTIPL) remitted international forex equal to 55.5 billion rupees ($725 million) to entities overseas despite the fact that Xiaomi had “not availed any service” from them.

“Such big quantities within the identify of royalties have been remitted on the directions of their Chinese language father or mother group entities,” the company mentioned.

Xiaomi’s courtroom submitting alleges that throughout the investigation, Indian company officers “dictated and compelled” Xiaomi India CFO Rao to incorporate a sentence as a part of his assertion “beneath excessive duress” on April 26.

The road learn: “I admit the royalty funds have been made by XTIPL as per the instructions from sure individuals within the Xiaomi group.”

A day later, on April 27, Rao withdrew the assertion saying it was “not voluntary and made beneath coercion”, the submitting exhibits.

The directorate issued an order to freeze property in Xiaomi’s financial institution accounts two days later.

Xiaomi has mentioned in a earlier media assertion it believes its royalty funds “are all legit and truthful” and the funds have been made for “in-licensed applied sciences and IPs utilized in our Indian model merchandise”.

Its courtroom submitting acknowledged Xiaomi is “aggrieved for being focused since a few of its affiliate entities are based mostly out of China”.

(Reporting by Aditya Kalra in New Delhi and Abhirup Roy in Mumbai; modifying by Stephen Coates and Jason Neely)