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IBM to contest tax demand

December 04, 2013 11:48 pm | Updated May 27, 2016 06:28 pm IST - NEW DELHI

The company has approached the DRP against the order

This undated photo provided by International Business Machines Corporation (IBM) shows Watson, powered by IBM POWER7, is a work-load optimized system that can answer questions posed in natural language over a nearly unlimited range of knowledge.(AP Photo/IBM Corporation)

U.S.-based technology major IBM is contesting a claim of the Revenue Department, which has increased the company’s taxable income substantially to around Rs.11,000 crore.

“IBM does not agree with the Tax Department’s claims, and will aggressively defend itself through the appropriate judicial process,” a company spokesperson said.

The company, according to sources, has approached the Dispute Resolution Panel (DRP) against the order of the Assessing Officer, who had alleged under-stating of revenues by the U.S. technology group.

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This is the latest in a series of tax disputes being faced by major mult-inational corporations in the country. Among the major MNCs, British telecom giant Vodafone, Finnish handset maker Nokia and major oil company Shell are locked in tax disputes with the Revenue Department.

In the case of IBM, the Assessing Officer is reported to have added back the sales reversal as income of the company, raising substantially the tax liability of the IBM.

The company has contested the claims of the Revenue Department and moved the arbitration panel.

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Sources further said that the company was contemplating to moving the High Court over the issue.

IBM has extensive operations in India, and is engaged in software development, outsourcing and research.

As for other firms, Vodafone is facing a tax liability of over Rs.11,200 crore, along with interest, on its 2007 acquisition of Hong Kong-based Hutchison Whampoa’s stake in India’s telecom major, Hutchison Essar.

Vodafone Group Plc’s Chief Executive Vittorio Colao, on Tuesday, met Finance Minister P. Chidambaram, and was believed to have discussed the long-pending tax liability issue.

The Income Tax Department had slapped a notice on Nokia’s Indian subsidiary for violating withholding tax norms since 2006 while making royalty payments to the parent company in Finland.

Nokia may have to exclude its Chennai plant from the $7.2-billion deal with Microsoft if tax issues facing the India unit are not resolved by next week.

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