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Company Director Files Declaration in Repatriation Tax Case

MAR. 27, 2020

Charles G. Moore et al. v. United States

DATED MAR. 27, 2020
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Charles G. Moore et al. v. United States

DECLARATION OF RAVINDRA KUMAR AGRAWAL

I, RAVINDRA KUMAR AGRAWAL, swear and offer:

1. I am a Managing Director of KisanKraft Limited.

2. KisanKraft Limited is an Indian Public Limited Company headquartered and has registered office in Bangalore, India. KisanKraft Limited was incorporated on August 26, 2005 as KisanKraft Machine Tools Private Limited.

3. KisanKraft Limited does not currently have any subsidiaries.

4. KisanKraft Limited is a certified manufacturer, importer, and distributor of affordable farming equipment. KisanKraft primarily serves small and marginal farmers throughout India. In general, such farmers are underserved in India as major manufacturers, importers, and distributors of farming equipment focus on large commercialized farmlands.

5. KisanKraft Limited's primary vision is to improve the livelihood of small and marginal farmers in India by providing cost-effective farming equipment and local after-sales services. Recently, KisanKraft Limited has started to conduct research and development activities with respect to seeds, which will also provide a significant benefit to these farmers.

6. The Certificate of Incorporation, Articles of Association, and Memorandum of Association of KisanKraft Limited are attached hereto as Exhibits A, B, and C, respectively.

7. Washington Agrotech Limited, a corporation formed in the state of Washington, owns 80.138 percent of the common shares of KisanKraft Limited. I own 100 percent of the shares in

8. The remaining share percentages (19.862%) of KisanKraft are owned as follows:

Shareholder

Percentage of Common Shares

Ravindra Kumar Agrawal

1.326

Sarika Agrawal

1.293

Ankit Prakash Chitalia

1.457

Krishna Kishorc Chitalia

0.059

Sunil Prasad

0.087

Mamta Raika

1.823

D.R. Kumaraswainy

0.894

Charles Godwin Moore

12.915

Reena S

0.004

Pillappa A

0.004

R Somashekar

0 (only 20 shares)

R Janardhana

0 (only 20 shares)

R Vcnugopal

0 (only 20 shares)

R Nalina

0 (only 20 shares)

9. The Chief Executive Officer of KisanKraft Limited is Ankit Prakash Chitalia. The Chief Operating Officer of KisanKraft Limited is Sunil Prasad. Both Ankit Prakash Chitalia and Sunil Prasad are on KisanKraft Limited's Board of Directors.

10. Charles Godwin Moore has never participated in the day-to-day operations or management of KisanKraft Limited.

11. KisanKraft Limited has grown every year. Growth has been funded by reinvesting earnings, additional investments by shareholders, short term borrowings, and a bank credit facility. KisanKraft Limited is a capital-intensive business and generally has a lot of inventory on hand. KisanKraft Limited accordingly reinvests all of its earnings.

12. KisanKraft Limited has followed its original business plan, which envisioned horizontal and vertical expansion around its customer base (small and marginal farmers and dealers), research and development activities with respect to seeds. Below is a table of revenue and earnings by year.

Year 

INK in Lakhs (100,000)

Indian Financial Year is 1-Apr to 31-Mar

Revenue

PBT

PAT

 

2005-06

(6.31)

(4.30)

Audited

2006-07

51.78

(10.58)

(7.10)

Audited

2007-08

177.93

12.04

11.37

Audited

2008-09

450.03

46.80

31.19

Audited

2009-10

949.18

89.24

61.80

Audited

2010-11

1,706.79

189.86

126.20

Audited

2011-12

2,544.26

433.84

288.86

Audited

2012-13

3,529.27

417.11

276.20

Audited

2013-14

5,069.48

330.93

220.88

Audited

2014-15

6,390.15

411.83

272.32

Audited

2015-16

8,313.27

272.50

178.25

Audited

2016-17

10,106.11

548.99

364.05

Audited

2017-18

11,871,66

1,501.75

977.93

Audited

2018-19

14,398.41

1,501.13

1,064.00

Provisional (not audited)

NOTE: Revenue listed above is operating income from sales and services. It excludes other miscellaneous income.

13. In 2017, KisanKraft Limited had 309 employees and 14 regional offices across India, in addition to head-office at Bangalore. It now has 366 employees and offices in 13 states in India, in addition to 4 facilities in home state of Karnataka. Its short-term strategy is to open a branch office in each state in India and increase its dealership network from 2,500 to 10,000 dealers.

14. KisanKraft Limited has not made any distributions of earnings to its shareholders. All earnings have been reinvested in its business.

15. KisanKraft Limited currently docs not have a planned timeline for a liquidity event.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct

Executed on (Date): 15th May 2019

Ravindra Kumar Agrawal

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