Zydus Lifesciences received a Rs 2.1 million tax demand order related to disallowed Input Tax Credit on sales commissions paid to foreign entities. After dropping a larger demand, the company plans to appeal the order, which it states will not materially impact its financials.
Zydus Lifesciences Limited, a prominent pharmaceutical company, has recently been issued a demand order worth Rs 2.1 million by Indian tax authorities concerning disallowed Input Tax Credit (ITC). The demand relates to alleged wrongful availment of ITC on sales commission payments made to foreign entities, classified under business auxiliary services and deemed ineligible during tax scrutiny.
Key Highlights:
The demand order stems from reviews conducted by the Central Goods and Services Tax (CGST) Commissioner in Ahmedabad, focusing on the period from March 2008 to June 2017.
Initially, the company faced a much larger cumulative tax demand exceeding Rs 392 million related to CENVAT credit claims on input services.
Following comprehensive oral and written submissions by Zydus Lifesciences, tax authorities dropped demands worth Rs 358.97 million, confirming only Rs 2.1 million liability plus applicable interest and penalty.
The specific dispute involves CENVAT credits on sales commissions paid to foreign parties, regarded as ineligible business auxiliary services under Rule 14 of the CENVAT Credit Rules, 2004 read with Section 11A of the Central Excise Act, 1944.
Zydus Lifesciences has expressed its intent to challenge this confirmed demand by filing an appeal, asserting that the demand will not have material financial impact on its overall operations.
The company continues to maintain transparency by timely disclosing the developments under SEBI regulations applicable to listed companies.
Industry analysts view the appeal as a prudent step, highlighting the complex nature of tax laws governing CENVAT and ITC claims in the pharmaceutical sector.
Despite the demand order, Zydus Lifesciences retains a strong market position backed by robust fundamentals and ongoing research initiatives.
This case reiterates the importance of compliance and vigilance around tax credit claims in a highly regulated environment.
Zydus Lifesciences remains proactive in addressing tax and regulatory challenges while focusing on its core business and growth strategies.
Sources: Medical Dialogues, BSE Filings, TaxGuru, Moneycontrol, ScanX Trade