Tag: GST Dispute

  • Eternal Hit With INR 1.34 Cr GST Demand for FY22, Set to Challenge Order

    A tax demand and penalty order totalling INR 1.34 Cr for the fiscal year 2021–2022 has been issued to Eternal, a food delivery and rapid commerce company.

    Tax Order Issued by Lucknow Authorities

    According to a stock exchange filing by the firm, which owns Zomato and Blinkit, the order was issued on 6 August by the Deputy Commissioner of State Tax in Lucknow, Uttar Pradesh, in accordance with Section 74 of the CGST and UPGST Acts. In addition to relevant interest, the total sum consists of INR 67.25 lakh in tax demand and an equal amount in penalty.

    Company Plans to Appeal GST Ruling

    The overuse of input tax credits and the underpayment of output taxes were the reasons for the increase in demand. In a filing, Eternal said that it thinks the company has a compelling argument on its own merits and that it will appeal the ruling to the relevant authority.

    GST Troubles Are Not New for Eternal

    Companies like Eternal frequently receive GST notices for non-payment of taxes; in fact, several state government offices have sent out these notices. For example, in December of last year, the CGST and Central Excise of Thane Commissionerate sent Eternal a GST demand notice and a penalty demand of INR 803 Cr.

    Before that, the company had received GST notices from the governments of West Bengal, Tamil Nadu, Karnataka, and Haryana within the previous 12 months.

    Financial Performance: Profit Drop Despite Revenue Surge

    In terms of finances, the company’s first-quarter net profit for FY26 dropped 90% to INR 25 Cr from INR 253 during the same period last year. From INR 4,206 Cr in Q1 FY25 to INR 7,167 Cr, Eternal’s operating revenue increased by more than 70%.

    The penalty coincides with reports that Antfin, an Alibaba Group unit, will sell 18.8 Cr shares of Eternal in a block deal valued at around INR 5,375 Cr. At the conclusion of the June quarter, Antfin owned 1.95% of Eternal, according to the company’s shareholding that was listed on exchanges.

    NRAI Demands Clarity on Zomato’s Long-Distance Fee

    The National Restaurant Association of India (NRAI) has chosen to speak with Zomato this month after a flurry of restaurant complaints regarding the food tech giant’s recently implemented long-distance service charge.

    According to various media reports, the restaurant industry association had preliminary talks with Deepinder Goyal, the CEO of Zomato parent company Eternal, about the matter and intends to meet with him this month to try to find a solution.

    Zomato announced in May of this year that, regardless of order value, it would charge restaurants a service fee of INR 15 for deliveries within 4 to 6 km and INR 25 to INR 35 for deliveries over 6 km.

    Restaurants are furious about this action. Zomato asserts that it sets a 30% commission cap on restaurant orders, but eateries complain that this cap has been violated as a result of the new long-distance price.

    Quick
    Shots

    ·       
    GST Demand: INR
    1.34 Cr for FY22

    ·       
    Reason: Excess input
    credit & underpaid output tax

    ·       
    Issued by:
    Deputy Commissioner, Lucknow

    ·       
    Parent Company:
    Eternal (owns Zomato, Blinkit)

    ·       
    Appeal: Planned
    by Eternal

    ·       
    Recent Profit
    Drop: 90% YoY

    ·       
    Antfin Share
    Sale: INR 5,375 Cr block deal

    ·       
    Industry
    Backlash: NRAI vs Zomato on new fees

  • The Calcutta High Court Has Granted Temporary Relief to Nazara’s Subsidiary in Their GST Dispute

    Openplay Technologies, a gaming company subsidiary of Nazara Technologies, was given an interim exemption from the show cause notice issued by the Director General of GST Intelligence, Kolkata, by the Calcutta High Court.

    After being notified in July of a liability of INR 845.72 crore for the years 2017–18 to 2022–2023, Openplay filed a writ suit in the Calcutta High Court contesting the claim. In an exchange filing, Nazara said that the Hon’ble High Court had granted Openplay interim relief, directing that no effect would be given to any ruling passed by the Tax Authority regarding the show cause notice for the aforementioned demand without the Hon’ble High Court’s permission.

    Halaplay Technologies Also Received a Notice

    Another subsidiary, Halaplay Technologies, also received a notification from the GST department, in addition to Openplay, which Nazara purchased in August 2021. After being purchased in several installments, Halaplay has an obligation of INR 274.21 crore from 2017-18 to 2022-2023 years. The affiliates are challenging the GST computation process, claiming that it ought to be rooted in total gaming income instead of the contribution from the player pool.

    Nazara goes on to say that these subsidiaries make up very little of its sales and profit—less than 2% and 1%, respectively, in the quarter that ends in March 2024. A higher 28% tax rate on the total contest entry amounts for online gambling, casinos, and horse racing was imposed in 2023 by the GST Council. Online gaming companies received 71 show-cause notices in the previous year for alleged GST evasion surpassing INR 1.12 lakh billion in the fiscal years 2022–2023 and 2023–2024.

    Bigger Consequences

    An apt representation of the difficulties facing India’s online gaming industry is the legal dispute over GST estimates. The regulatory burden has increased in tandem with the industry’s growth. A new tax rate of 28% was imposed by the GST Council in 2023 on the total amount of contest entries for online gambling, casinos, and horse racing. Operators are becoming more concerned about compliance and sustainability as a result of this sharp increase in tax rates.

    According to Nazara Technologies, its subsidiaries accounted for less than 2% of its sales and 1% of its profit for the quarter that ended in March 2024, meaning they had a negligible impact on the company’s total financial performance. This background is crucial because it clarifies the difficulties these businesses encounter in a highly regulated setting where tax obligations can have a significant impact on business operations.


    India’s Nazara Tech Acquires UK’s Fusebox Games
    Nazara Technologies recently made the announcement that it has successfully closed a cash transaction of INR 230 crore to acquire Fusebox Games, a company based in the United Kingdom.