Bharti-Walmart ‘FEMA violation’ under ED scanner

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As a comparison India is said to be the only one among a list of developed and developing cover letter for family driver position that does not allow FDI in inventory based ecommerce. In the 9 months after this clarification by the Government, Flipkart started the actions necessary to become fully compliant, although there are some things about the holding structure that are unclear.

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Answers are expected soon from the government after the commerce and industry ministry received responses from various states on this matter a few days ago. These eight firms are among the 21 online retail portals, primarily dealing with hawking products to customers, which the ED was looking into on orders of the Delhi high court.

The high court issued a notice to Amazon, Flipkart and the Central government the same month, asking them to file a response by 11 November.

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This, after the famous corporate restructuring that Flipkart carried out in which included the divesting of WS Retail. The investigation dates back to Apart from that the plea has also claimed that the two e-commerce giants have created several other group companies in the chain to divide discounts and losses.

ED probes FEMA violations by Amazon, Flipkart | mydigitalfc

Share your comments below. It big fish essay thesis claimed that by creating name lending companies, Amazon and Flipkart buy branded goods in bulk at discounts from manufacturers and render small sellers uncompetitive by a wide margin, thus influencing the prices in violation of the FDI norms.

FEMA: Foreign Exchange Management Act. Every country, including India, exercise some control over the influx of foreign funds in domestic market. In the case. Despite the euphoria of the Flipkart's recent acquisition of Myntra, the ED investigation of FEMA violation and the penalty can cause problems.

FEMA was brought in as the alternative that would govern how foreign investments could play a role in the Indian economy. The image below shows the comparative timelines of the FEMA guidelines being changed to match the changing dynamic of the Indian e-commerce market, and the growth of Flipkart. The companies declined to comment for this story.

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Flipkart, set up by two former Amazon. To get around this, most online retail portals have structured themselves as aggregators that act as marketplaces for people to choose and buy products of companies that put up goods for sale through these gateways.

One thing is for sure — the decision by the ED and the outcome to Flipkart will define how other e-commerce companies deal with FDI in the coming years.

Interestingly when Flipkart was incorporated init started out as an inventory-based B2C model that had to be changed to the B2B marketplace model after raising foreign funds in

The ED filed its reply Wednesday saying that it has registered cases against the two companies under FEMA and chief purpose of a cover letter the investigation is under process. B2C on the other hand stands for Business to Consumers where online businesses sell directly to the customers. FDI is prohibited in other e-retail companies that do not manufacture goods.

  • This could change with the Delhi High Court issuing a notice in the above case to the government the matter is said to be heard by the High Court sometime soon directing them to file their affidavit on the matter.
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  • Flipkart Guilty Of FEMA Violations, Evidence Found, Cr Showcause Notice Issued
  • Again, none of these ecommerce companies have ever been found to be violating FDI Policy.

Their primary concern is that e-commerce companies are sample tort essay answers like B2C retailers while enjoying foreign investment that is only legal for B2B enterprises. The petition also said flipkart vs fema case study according to Press Note No 3 series — guidelines issued by the Department of Industrial Policy and Promotion to regulate FDI in e-commerce — Amazon and Flipkart are not authorized to exercise ownership over the stock and cannot influence price of goods and services that are for sale in the open market.

Related Article: Flipkart Not The Only One, ED Begins Probe Against Several Ecommerce Players “FEMA cases are civil cases to there is no question of criminal Inc42 Staff. Editor and Co-founder @Inc Pooja keeps a close eye on .. How Google Is Using Machine Learning To Predict Floods In India. As per FEMA, if any party has been found guilty of breaking the FDI norms, they can or for foreign investments received by the company (Flipkart in this case).

However, experts say that the maximum penalty that can be imposed for such a violation is three times the foreign investments that are under the scanner, although it is very rare that the maximum penalty cover letter for bank branch manager imposed. The plea, filed through advocate Pranav Sachdeva, has claimed that Amazon and Flipkart have created multiple entities to circumvent the FDI norms and route the hot-selling stock at cheaper rates.

As per section 13 of the Foreign Exchange Management Act (FEMA), , if any person or entity were found to be in contravention of the Act. In fact, as per the FEMA norms, ED can slap a penalty upto three times of the contravention or foreign investment received in this case.

Our View There are three perspectives to be looked at separately. But after ED initiated the investigation several e-commerce players have changed their business model to suit the foreign investment norms in India.

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Amazon being clever: However, following an outcry by major etailers sample of house cleaning business plan the supposed lacuna in the FDI norms, they have approached the Reserve Bank of India to plead their flipkart vs fema case study. One, prior to the clarification by the Government in Aprilit can be argued that there was a policy vacuum as far as e-commerce was concerned.

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Ina year after ED's probe began, Flipkart changed its business model allowing buyers and sellers to deal independently on their platform. The other accusation made against these companies is that they do in fact have inventories and do not perform as mere marketplaces.

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But the investigation pertains to the period before the switch. However, the Board of WS Retail does not have Rajiv, but three unknown individuals rumoured to be related to the Flipkart founding team unconfirmed.

  • The direction came after the All India Footwear Manufacturers and Retailers Association AIFMRA — an apex body of local shoe makers and retailers — petitioned the court alleging that many online portals were actually carrying out direct multi-brand retail trade and also received large funds from foreign investors.
  • Flipkart, Bharti Walmart under ED scanner for violation of FDI norms - Firstpost
  • The ED is now looking at their books of accounts with a fine-tooth comb to determine whether these eight companies violated foreign direct investment FDI rules by selling products of multiple brands through their portals.
  • The Enforcement Directorate EDwhich tracks money laundering deals that involve overseas transactions, is "looking at the possibility" to tender a show-cause notice to Flipkart for alleged violation of foreign investment rules.

In this model, ownership of goods and services and the marketplace vests with the same entity. For ThePrint's smart analysis of how the rest of the media is doing its job, no holds barred, go to PluggedIn. After over two years of probe Enforcement Directorate is ready to slap a showcause notice to Flipkart.

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Amazon through Cloudtail can therefore dictate pricing among other things and in effect acts like a retailer. Therefore under this model the ecommerce company does not carry out any retail transactions and does not directly sell anything to the customer.

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Indian rules allow FDI in e-commerce only for those companies that manufacture and sell their own products. The direction came after the All India Footwear Manufacturers and Retailers Association AIFMRA — an apex body of local shoe makers and retailers — petitioned the court alleging that many online portals were actually carrying out direct multi-brand retail trade and also received large funds from foreign investors.

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The commerce ministry in turn has requested the Enforcement Directorate ED and RBI to look into these companies and examine if they are indeed engaging in retailing activity.

The probe was initiated on the basis of complaints citing that FDI norms in India do not allow FDI in e-commerce especially in business to consumer models.

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The petition has contended that according to Press Note 3 ofwhich regulates FDI in e-commerce, entities like Amazon and Flipkart are not to exercise ownership over stock, nor directly or indirectly influence price of goods and services sold on their marketplace.


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