ED threatens Flipkart, founders with Rs 10,000 crore fine

India's financial-crime agency has asked Walmart's Flipkart & its founders to explain why they shouldn't face a penalty of $1.35 billion for alleged violation of foreign investment laws, 3 sources & an agency official told Reuters.

The Enforcement Directorate agency has been investigating e-commerce giants Flipkart & Amazon.com Inc for years for allegedly bypassing foreign investment laws that strictly regulate multi-brand retail & restrict such companies to operating a marketplace for sellers.

The ED official, who refused to be named, said the case concerned an investigation into allegations that Flipkart attracted foreign investment & a related party, WS Retail, then sold goods to consumers on its shopping website, which was prohibited under law.

A so-called "show cause notice" was issued in early July by the agency's office in Chennai to Flipkart, its founders Sachin Bansal & Binny Bansal as well as current investor Tiger Global, to explain why they should not face a fine of Rs 10,000 crore ($1.35 billion) for the lapses, said the agency official & the sources, who are all familiar with the content of the notice.

A Flipkart spokesperson said the company is "in compliance with Indian laws & regulations".

The spokesperson added that "We will cooperate with the authorities as they look at this issue pertaining to the period 2009-2015 as per their notice".

The Indian agency doesn't make public such notices issued to parties during an investigation.

One of the sources said Flipkart & others have around 90 days to respond to the notice. WS Retail ceased operations at the end of 2015, the person added.

Tiger Global declined to comment. Binny Bansal & Sachin Bansal did not immediately respond to requests for comment. The Enforcement Directorate also did not respond outside regular business hours.

Walmart took a majority stake in Flipkart for $16 billion in 2018, its biggest deal ever. Sachin Bansal sold his stake to Walmart at the time, while Binny Bansal retained a small stake. Walmart did not respond to a request for comment.

Flipkart's valuation doubled to $37.6 billion in less than 3 years at a $3.6 billion funding round in July, during which SoftBank Group reinvested in the company ahead of an expected market debut.

The notice is the latest regulatory headache for the online retailer, which is already facing tougher restrictions & antitrust investigations in India, & a growing number of complaints from smaller sellers.

India's brick-and-mortar retailers say Amazon & Flipkart favour select sellers on their platforms & use complex business structures to bypass the foreign investment laws, hurting smaller players. The companies deny any wrongdoing.

In Feb, a Reuters investigation based on Amazon documents showed it had given preferential treatment for years to a small group of sellers, publicly misrepresented ties with them & used them to bypass Indian law. Amazon says it gives no preferential treatment to any seller. 

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