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Business & Economics thread

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It is interesting to note that there is no thread with the name Business and Economics in this forum. Most of the members here are perhaps investors in Share market and hence a discussion on matters which affect the business and economics in the country is worth discussing here. This is the reason why I have started this thread. I intend to bring here by mostly copy pasting what interesting articles I read in the press about matters pertaining to economics and business. Hope members will participate and make this a lively discussion.

1) Banking being an important part of the nations economy what happens there is of interest to all of us. Moreover no investor can leave bank shares out of his portfolio as they are generally believed to be doing well. The investor perception is also that the failure risk is minimal because most of the large players are Govt owned public sector enterprises. Here is an interesting article I read which speaks about the storm that is building up in the provisioning requirements of Banks and how the Balance sheets of the banks are being given a cosmetic touch-up with active help from RBI. Please read and think about it. Do not rush to liquidate your investments in Bank shares because it is not yet time for that. Just watch how our economy is being managed.

Banks step up restructuring of stressed assets

Anup Roy & Vishwanath Nair
The Mint
Published on October 27, 2014


Fourteen cases worth Rs.13,300 crore were referred to corporate debt restructuring (CDR) cell in the September quarter against two cases worth Rs.2,854 crore in Q1

Mumbai, October 26: Indian banks have only two quarters left to restructure stressed assets without significantly dragging down their profits— a fact that’s prompting banks to step up the recast of loans that may eventually need restructuring.

Effective 1 April 2015, the Reserve Bank of India’s regulatory forbearance, under which banks were allowed to qualify restructured assets as standard, will come to an end.

For now banks are setting aside 5% of the value of the loan to cover the risk of default on any restructured assets. Starting in the next financial year, when all restructured assets will be termed as non performing assets (NPAs), or bad loans, the requirement will increase to a minimum 15%.

The change will also mean banks’ bad-loan portfolio will swell.

In fact, fearing an increase in bad assets once change takes effect, bankers have already started asking RBI to extend the forbearance for another year, the Business Standard reported on 15 October.

The bankers, according to the report, have told RBI that if the window is not extended, their gross NPA ratio will rise to 10% from 4% in March 201

4.
Bad loans in the banking system rose to 4.03% of total advances in 2013-14 from 3.42% in 2012-13 and 2.94% in 2011-12, finance minister Arun Jaitley told the Parliament on 1 August, as slower economic growth and delays in securing statutory approvals such as environmental clearances and completing land acquisition stalled many big-ticket projects, hurting companies’ ability to generate cash flows and repay loans on time. The economy grew less than 5% in each of the previous two years.

To fend off some of the negative impact of higher NPAs and increased provisioning that will be required from next year, banks appear to be hastening restructuring.

“Restructuring is not a bad thing. The economy is not out of the woods and a lot of companies are under stress,” said a senior public sector banker who didn’t want to be named.

Restructuring through so-called joint lenders’ forum or the corporate debt restructuring (CDR) mechanisms will “continue to happen, but we won’t get the regulatory leeway if we restructure after six months”, the banker said.

“So for a few cases, where we know for sure restructuring will be required in the coming quarters, we are fast-tracking the process to save precious capital. There is nothing wrong in it,” he added.

This increased pace of restructuring is showing up in data from the CDR cell. In the three months ended 30 June, referrals to the CDR cell fell to only two cases, amounting to Rs. 2,854 crore, according to data on the CDR cell website.
In the three months ended 30 September, 14 cases, totalling Rs. 13,300 crore, were referred to the cell. Of the referrals, seven cases involving a combined Rs. 6,000 crore of loans came in September alone. Among these was Shriram EPC Ltd’s Rs. 2,400 crore loan. On 11 September, Shriram EPC informed the BSE that its board had approved a scheme of restructuring.

To be sure, the fall in debt restructuring cases in the first quarter was also partly due to a new stressed asset framework under which banks were required to form a JLF to monitor accounts of Rs. 100 crore and above that are overdue by more than 60 days.

The JLF can together choose to give additional funds to a stressed borrower, or restructure, or initiate recovery if they feel their loan is under threat.

The new rules were effective 1 April.

“It took a full quarter for banks to understand how the JLF should function. Companies also requested us not to put them in CDR because that puts lot of restriction on them, hence the low referrals in the first quarter,” said another senior public sector banker who did not want to be named.

Once a company is in CDR, its operating freedom is curtailed as banks keep a close eye on the activities of the management and sometimes push the companies to sell assets to recover their dues. The companies also find it difficult to raise additional funds from the market.

“Besides, companies were hoping that with a stable government at the centre, the macro-economic situation will improve fast, but nothing much came in the July budget and then the recent coal de-allocation has dashed hopes of companies for a quick turnaround. Referrals in the second quarter is now back to normal,” said the banker quoted above.
However, bankers add that restructuring in the current fiscal is unlikely to rise above the levels seen in previous years. Rating agency Crisil Ltd estimates that restructuring in fiscal years 2012, 2013 and 2014 were to the tune of Rs. 1.2 trillion, Rs. 1.6 trillion and Rs. 1.3 trillion, respectively.

Crisil expects the banking system to restructure Rs. 1 trillion of loans in fiscal 2015, out of which Rs. 30,000 crore was completed in the first quarter.

“The key reason is the existing pipeline of assets under restructuring, end of regulatory forbearance for restructured assets by March 2015, and continued pressure on the credit profile of leveraged companies. This will take the cumulative restructuring since April 2011 to nearly Rs. 5 lakh crore by March 2015,” said Pawan Agrawal, senior director at Crisil Ratings.

Restructuring in fiscal 2016, the year when the regulatory forbearance ends, depends on a few key factors, explained Agrawal.

Apart from economic growth and the ability of firms to raise equity through sale of assets or otherwise, “success of the RBI norms related to revitalization of distressed assets, the effectiveness of JLFs and success of the policy measures (such as fuel availability, fuel pricing, and ease of land acquisition process) to address the viability of the infrastructure projects”, will be key in determining restructuring in the next financial year, he said.

An emerging uncertainty, which could add to the need for restructuring is the recent de-allocation of coal blocks following a Supreme Court order.
Bankers fear this will add to stress across power sector borrowers, many of whom have already faced adverse operating circumstances due to issues such as inadequate fuel linkages. Loans to companies affected by the coal-block de-allocation may need restructuring, bankers say.

In a high-level meeting on 17 October between the finance ministry, power ministry, and bankers, power companies requested for special dispensation for their loans. The request is likely to be put across by bankers to RBI.

A special dispensation is restructuring outside the regular banking mechanisms such as CDR where accounts across an industry can be restructured without additional provision requirements. Typically, under such schemes, companies get a temporary moratorium and more time to repay loans and a change in interest rate terms.

“These are special extraordinary conditions and merit a dispensation by the central bank. If RBI allows us such a provision, then the stress on our books can come down significantly,” said a banker who attended the 17 October meeting. He also spoke on condition of anonymity.

Banks’ exposure to the power sector is more than Rs. 5 trillion, banking secretary G.S. Sandhu said after the meeting. An 8 October report by India Ratings and Research Pvt. Ltd said the committed exposure of the banking sector to power projects affected by the Supreme Court verdict is around Rs. 90,000 crore, or about 1.2% of the banking system’s loans.
 
Sir,

A good initiative. I welcome this. Please keep it up.
 
In the short term, Bank stocks have already completed their big rise & are now on decline in the last couple of months.

If you are sitting on a profit, you may want to sell partially, if not just hold them, but do not buy these stocks in a big way. It will continue to stutter for some more time.

However if anyone wants to buy them, buy on a SIP basis.

Infact the broader market itself has completed its big rise, & will either decline or trade in a narrow band for some time.

So anyone newly getting into the market now should buy only on a SIP basis.
 
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Restructuring is quite a complex process and there are many variables that decide the outcome. Esp. with the lull in economy, cash would be severely restricted and this would open up wounds in businesses that depend on quick cash turnover. Moreover there exists operational and credit risks that are a combination of uncontrollables and controllables. The RBI move to classify the restructured assets as NPAs is in the right direction, I feel. Restructuring denotes an "impairment" in the asset and may substantially affect the future cash flows that would be at a low from the original expectations. In normal accounting treatments "impairment" is to be treated separately and appropriate disclosures have to be made. In such a case there would be a dip in profits, naturally reflected in a drop in prices in shares of the banking sector. Institutional investors and mutual funds who hold a chunk of bank shares in their portfolio would be exposed to a higher risk than anticipated.

Having said that, much is expected from the Modi government and stock markets are bullish with bulging expectations. No great reforms have been opened up, but signals are that FDIs may flow in as the new government would look to open up the market, as has already been the case in defence (with sharing of technology), and his project "Make in India". Should this click, the economy would pick up and secondary and tertiary operations would also benefit thus kicking in the much needed momentum. However, this may not have an impact in all of the cases referred for debt restructuring as each case merits individual treatment, but definitely the swing would be towards the optimistic. In such a case, "banking" shares may perform better and propel the share market.

Which way it might depend on how the govt. moves forward, and whether or not RBI agrees for the deferment of the classification.
 
Restructuring is quite a complex process and there are many variables that decide the outcome. Esp. with the lull in economy, cash would be severely restricted and this would open up wounds in businesses that depend on quick cash turnover. Moreover there exists operational and credit risks that are a combination of uncontrollables and controllables. The RBI move to classify the restructured assets as NPAs is in the right direction, I feel. Restructuring denotes an "impairment" in the asset and may substantially affect the future cash flows that would be at a low from the original expectations. In normal accounting treatments "impairment" is to be treated separately and appropriate disclosures have to be made. In such a case there would be a dip in profits, naturally reflected in a drop in prices in shares of the banking sector. Institutional investors and mutual funds who hold a chunk of bank shares in their portfolio would be exposed to a higher risk than anticipated.

Having said that, much is expected from the Modi government and stock markets are bullish with bulging expectations. No great reforms have been opened up, but signals are that FDIs may flow in as the new government would look to open up the market, as has already been the case in defence (with sharing of technology), and his project "Make in India". Should this click, the economy would pick up and secondary and tertiary operations would also benefit thus kicking in the much needed momentum. However, this may not have an impact in all of the cases referred for debt restructuring as each case merits individual treatment, but definitely the swing would be towards the optimistic. In such a case, "banking" shares may perform better and propel the share market.

Which way it might depend on how the govt. moves forward, and whether or not RBI agrees for the deferment of the classification.

My knowledge of the stock-market is very little because I try to keep away from it, AFAP. But my experience in RBI has convinced me that it is the very large borrowers who run the banking system, and perhaps even the Finance Ministry. Rest assured that none of the astronomical overdrafts or cash credits of mighty companies will get classified as NPAs. All possible tricks under the sun will be used to keep them as "performing" assets. Of course, every now and then some report like this will emerge so that for a short period, bank stocks will be affected. To put it in very simple words, the small man's life savings are very easily sucked up by the powerful large borrowers and they scale newer and newer heights, including in the Fortune 500 list etc.

We had, at one time, small banks catering to the local communities; even some of the large nationalized banks of today started as small, localized banks catering to communities. But our policy shifted towards large banks and almost all those banks disappeared!
 
My knowledge of the stock-market is very little because I try to keep away from it, AFAP. But my experience in RBI has convinced me that it is the very large borrowers who run the banking system, and perhaps even the Finance Ministry. Rest assured that none of the astronomical overdrafts or cash credits of mighty companies will get classified as NPAs. All possible tricks under the sun will be used to keep them as "performing" assets. Of course, every now and then some report like this will emerge so that for a short period, bank stocks will be affected. To put it in very simple words, the small man's life savings are very easily sucked up by the powerful large borrowers and they scale newer and newer heights, including in the Fortune 500 list etc. !

Yes, I do agree with your views; I have noticed that bank reports are generally "dressed up" by corporates to avail facilities. For eg., one manufacturing company in which I had the privelege to work had availed a long-standing loan on its inventory. As part of my role, I checked the raw-material inventory and found that a significant lot was made up of obsolete items that were unusable or not longer required. Even after my rather "naive" report to the head of finance this matter was not touched upon at all. I later learnt that this is a common technique to secure loans, credit, or collateral...

In quite the "chalta hai" attitude, more flourishes in bigger corporate houses as well.
 
My thoughts:

1.Many of the stressed assets have credit limits and drawings sanctioned by bankers through dubious decision making processes. The processes involved in a credit appraisal and credit decision are all in the domain of operational risk even though post-sanction the risk becomes mainly a credit risk and is fairly well managed. The recent case of the top executive of a large PSU bank caught in a bribery case speaks volumes for the kind of operational risk the banks assume by such “influenced operational decisions”. The scrapping of the selection of bank executives announced in today’s news paper perhaps indicates that the Govt. is seized of the matter.

2. The “Joint Lenders’ Forum” which has been vested with the responsibility of taking decisions with respect to stressed assets should have the freedom to decide that an asset is not retrievable and hence needs to be recalled. It is not clear whether such a power is given to the JLF. What is so sick that it can not stand on its leg should be allowed die. A quick decision to liquidate will at least reduce the loss while quitting. In this country there is a legacy to keep on injecting intravenous nutrients in the hope that the patient by some miracle will get up and start running. Thus we had “sick units” who had wiped out their entire net worth and were incurring cash losses on a day to day basis. The decision to keep such death bed cases running was more a political decision than a sound financial decision. Thus a large spinning mill with very large no. of spindles and a large workforce when becomes unviable financially can not be liquidated because the labour will be the first sufferer and so the politics comes in. This in spite of the fact that there would have been heavy diversion of capital by the owners. Nokia s never used to happen in India. LOL.

3. If badly stressed assets are not called up the banks may become stressed entities in course of time. Though this may not be looming in the horizon because of the “within 4% level” of stressed assets for the system, it is something to be effectively managed because “4% of the system” may hide a lot of danger signals for an individual Bank depending on where it exactly stands.

More on this later.
 
3. If badly stressed assets are not called up the banks may become stressed entities in course of time. Though this may not be looming in the horizon because of the “within 4% level” of stressed assets for the system, it is something to be effectively managed because “4% of the system” may hide a lot of danger signals for an individual Bank depending on where it exactly stands.

Classification of restructured debts as NPAs will have an impact on the cash flow as well due to the capital requirement (based on RWA) that would stifle up cash in the system. This would then raise up interest rates which will, in turn, hinder businesses.
 
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My thoughts:

1.Many of the stressed assets have credit limits and drawings sanctioned by bankers through dubious decision

making processes. The processes involved in a credit appraisal and credit decision are all in the domain of

operational risk even though post-sanction the risk becomes mainly a credit risk and is fairly well managed. The

recent case of the top executive of a large PSU bank caught in a bribery case speaks volumes for the kind of

operational risk the banks assume by such “influenced operational decisions”. The scrapping of the selection of

bank executives announced in today’s news paper perhaps indicates that the Govt. is seized of the matter.

2. The “Joint Lenders’ Forum” which has been vested with the responsibility of taking decisions with respect to

stressed assets should have the freedom to decide that an asset is not retrievable and hence needs to be recalled.

It is not clear whether such a power is given to the JLF. What is so sick that it can not stand on its leg should be

allowed die. A quick decision to liquidate will at least reduce the loss while quitting. In this country there is a

legacy to keep on injecting intravenous nutrients in the hope that the patient by some miracle will get up and

start running. Thus we had “sick units” who had wiped out their entire net worth and were incurring cash losses

on a day to day basis. The decision to keep such death bed cases running was more a political decision than a

sound financial decision. Thus a large spinning mill with very large no. of spindles and a large workforce when

becomes unviable financially can not be liquidated because the labour will be the first sufferer and so the politics

comes in. This in spite of the fact that there would have been heavy diversion of capital by the owners. Nokia s

never used to happen in India. LOL.

3. If badly stressed assets are not called up the banks may become stressed entities in course of time. Though this

may not be looming in the horizon because of the “within 4% level” of stressed assets for the system, it is

something to be effectively managed because “4% of the system” may hide a lot of danger signals for an

individual Bank depending on where it exactly stands.

More on this later.

Most of the Very Large Borrowers' (VLBs) accounts would have become NPAs long, long ago! In terms of RBI circular Reserve Bank of India dated 30th. August 2001, (as googled now) an overdraft/cash credit (i.e., running accounts, as different from simple "loan accounts") will have to be classified as NPA if the interest and/ or instalment of principal has remained ‘past due’ for a period of time exceeding 90 days. I am almost sure that almost all the VLBs of our banking system will have turned NPAs now! And that will mean a huge chunk of the banking systems assets.

All through these decades these NPAs have been "dressed up" by resorting to various techniques and the Indian banking system is going on merrily. If the definition of NPA is applied honestly, strictly and impartially, my own guesswork is that the banking system's NPAs may be of the order of 15% to 20% or even more, because it is these VLBs which constitute the lion's share of all bank lending. That even knowledgeable people like Prof. Vaagmi still believe it is below 4% shows the dexterity and success of the entire banking & government systems.

The "Joint Lenders' Forum" is the old system of more than one bank coming forward to take a share of the "VLB account" so that all the banks in the play will get benefited. It is just the old, pre-liberalization "consortium" arrangement, turned into "multiple banking" and then again changing its costume to "Joint Lending Arrangement (JLA)" but yet failing to discipline the VLBs. The Supreme Truth is that the moneys lent to these VLBs in India is a loan in perpetuity and the only thing happening is it increases as time passes. Just as Gaudapada said, इत्येषा परमार्थता!!
 
The restructuring of assets is a shady program to facilitate swindling of public money and to grease the palms of the corrupt politicians hobnobbing with equally corrupt Banker..

We were witness to the Syndicate Bank Chairman S.K.Jain who was caught red handed by CBI for bribery involving some industrialists for increasing the credit limits

There should be a transparent mechanism to judge what can be restructured...
 
Classification of restructured debts as NPAs will have an impact on the cash flow as well due to the capital requirement (based on RWA) that would stifle up cash in the system. This would then raise up interest rates which will, in turn, hinder businesses.

There are three distinct entities whose cash flow will be affected because of an asset becoming NPA. 1. The lender, Bank who will not be able to charge interest on the account and take it to the Profit account. 2. The borrowing entity who was so far getting the cash whenever needed from the lender. Once bank brands the account a NPA no further drawing will be permitted beyond the sanctioned and agreed limit even temporarily. 3. The shareholders who will receive lesser dividend because of the reduced profit on account of the funds needed to meet the capital charge requirements. But considering the size of the economy no borrower will be big enough to cause even a ripple on the system leave alone to cause an increase in interest rates.

If what I have understood is correct, the interest rates depend on a complex set of factors. On the demand side of the economy it depends on the performance of the economy and on the supply side by the action of RBI. RBI in India many a time tries to control the interest rate by manipulating the macro factors like CRR, SLR and Repo ratethough such action usually touches the interest rates only marginally.
 
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Respected sri sangom sir,

Most of the Very Large Borrowers' (VLBs) accounts would have become NPAs long, long ago! In terms of RBI circular Reserve Bank of India dated 30th. August 2001, (as googled now) an overdraft/cash credit (i.e., running accounts, as different from simple "loan accounts") will have to be classified as NPA if the interest and/ or instalment of principal has remained ‘past due’ for a period of time exceeding 90 days. I am almost sure that almost all the VLBs of our banking system will have turned NPAs now! And that will mean a huge chunk of the banking systems assets.


I believe that what you say is a very broad generalisation. Large borrowers , if they have funds flow mismatches and if the gap is very large will not be able to work within the NPA norms. But they do get back into the PA category once the expected funds flow materialises. 90 days may be just a norm on the basis of European and Japanese large banks on which Basle drew its standards. These standards may be too stringent for a country like india which has not yet solved its infrastructure bottlenecks. The entire supply chain depends on this infrastructure. An Indian entrepreneur who has a keen sense of time value of money will invariably be a nervous wreck and will die young. LOL. So I would like to err on the positive side while looking at the VLBs. Even if they have large outstandings they are usually covered by receivables and stock and other assets. So a VLB's account which is highly irregular by the standards of capital charge requirements may not really be a NPA. It may still have its interest servicing capacity in tact. The problem lies elsewhere. There are unscrupulous borrowing entities who have a tendency to expansively think once an enterprise under their control is doing well. Thus they would start a new enterprise by diverting the funds from the existing well performing entity thinking that it wont affect in a big way or that they would be able to "somehow" get an enhancement in credit facilities to cover up the shortfall in working capital caused by this mischief. And banks do fall a victim to this trick when a crafty chartered account joins hands with the borrower. Add to this a corrupt decision maker and you have the deadly combination. The satyam episode is still green in our memory.

All through these decades these NPAs have been "dressed up" by resorting to various techniques and the Indian banking system is going on merrily. If the definition of NPA is applied honestly, strictly and impartially, my own guesswork is that the banking system's NPAs may be of the order of 15% to 20% or even more, because it is these VLBs which constitute the lion's share of all bank lending. That even knowledgeable people like Prof. Vaagmi still believe it is below 4% shows the dexterity and success of the entire banking & government systems.

The only way to postpone the D-day for a NPA would be asset restructuring. Earlier banks used to call it the sick units rehabilitating or some such term. The method followed is to convert the entire working capital limits including the interest unpaid into a long term loan with easy instalments and concessional interest rate. In one stroke the obnoxious items were removed and good quality deodorant was applied. LOL.

Even if there were good bankers and good entrepreneurs who fell on bad times and hence had a NPA in hand, the decision to brand it as such and apply all the strict conditions is an unpleasant decision. It is rather a hobson's choice for the banker particularly. If the borrower is VLB his Balance Sheet will be directly affected. Like we all postpone the D day in an unpleasant situation bankers too do that perhaps.




The "Joint Lenders' Forum" is the old system of more than one bank coming forward to take a share of the "VLB account" so that all the banks in the play will get benefited. It is just the old, pre-liberalization "consortium" arrangement, turned into "multiple banking" and then again changing its costume to "Joint Lending Arrangement (JLA)" but yet failing to discipline the VLBs. The Supreme Truth is that the moneys lent to these VLBs in India is a loan in perpetuity and the only thing happening is it increases as time passes. Just as Gaudapada said, इत्येषा परमार्थता!!

As I said in my earlier post the JLF should have in its agenda in the first meeting on a borrower's accounts as the first item whether the entity is in the death bed and so should be liquidated or not. For this our bankruptsy law under the Companies Act would need some teeth to be added. We can borrow a few leaves from US where such matters are quickly decided and they move on.
 
But considering the size of the economy no borrower will be big enough to cause even a ripple on the system leave alone to cause an increase in interest rates.
The real NPAs, if audited properly, would be huge and enough to cause a wave!


If what I have understood is correct, the interest rates depend on a complex set of factors. On the demand side of the economy it depends on the performance of the economy and on the supply side by the action of RBI. RBI in India many a time tries to control the interest rate by manipulating the macro factors like CRR, SLR and Repo ratethough such action usually touches the interest rates only marginally.
Sure, if cash is restricted and more and more business come under CDR, naturally the performance of the economy would be affected. Such an impact is not only operational but also psychological, the result of which would be evident in the stock markets.

I think that RBI may defer the classification.
 
Respected sri sangom sir,

< Clipped >

As I said in my earlier post the JLF should have in its agenda in the first meeting on a borrower's accounts as the first item whether the entity is in the death bed and so should be liquidated or not. For this our bankruptsy law under the Companies Act would need some teeth to be added. We can borrow a few leaves from US where such matters are quickly decided and they move on.

Right from the earlier days (of consortium lending), my impression of what used to happen was, one of the banks/lenders will "somehow" allow increase in the drawing limits. The VLB will then transfer funds from this additional credit, to its account in Bank No.1 and make it non-NPA. Then it will transfer funds from Bank No.1 to Bank No.2 and make its account in Bank No.2 non-NPA and so on!

If the practice/system has now changed and is according to what you describe above, I am ready to correct myself. But is there any solid evidence?
 
Rupee May Rise to 58/Dollar if 50% Black Money Returns: Report - NDTVProfit.com

If half of this black money is unearthed ($100 billion) and taxed at 30 to 35 per cent, the Reserve Bank's foreign reserves will swell by around $30-35 billion (around Rs. 2 lakh crore).
It may not be a simple 35%, I feel. Retrospective taxation has to be considered and penalties imposed. Possibly impounding the whole lot may be considered.

Perhaps after this, if a VDIS scheme is introduced, with the maximum marginal rate of tax being applicable, there might be another influx of money by the "generous minded".
 
Rupee May Rise to 58/Dollar if 50% Black Money Returns: Report - NDTVProfit.com

It may not be a simple 35%, I feel. Retrospective taxation has to be considered and penalties imposed. Possibly impounding the whole lot may be considered.

Perhaps after this, if a VDIS scheme is introduced, with the maximum marginal rate of tax being applicable, there might be another influx of money by the "generous minded".

Not one rupee or paisa from the real "big fish" in the "black money list" will come back to India. All those 1500 people (two lists, 800 + 600, say the TV channel speakers) have alredy got more than 6 years to transfer the moneys from Swiss banks to other tax havens! Gold imports from Switzerland has also surged of late (Switzerland gold imports rise).

Hence Acche Din Door Ast!
 
I read this article in The Economic Times. It is interesting.

It is no longer a crime to maintain bank accounts abroad by resident Indians. On June 1, 2000, the Foreign Exchange Regulation Act (Fera) was replaced by the Foreign Exchange Management Act (Fema). By that change, a criminal offence became a civil contravention. So, nobody can be prosecuted for violating Fema.

The clamour doing the rounds now to prosecute every foreign account holder is silly. No prosecution under Fema, or the Prevention of Money Laundering Act (PMLA), is possible since Fema isn’t a scheduled offence under the PMLA. Prosecution can be launched only under the Income-Tax Act for ‘concealment’ of income, not for parking funds abroad.

Parking funds abroad without concealing income does not contravene the I-T Act. The destination of concealed income — in India or abroad —is irrelevant under the I-T Act. The consequences of concealment under the I-T Act are slapping additional tax, interest, penalty and prosecution. But every concealment does not give rise to prosecution. Income-tax authorities can exercise discretion whether or not to prosecute, depending on the gravity of each situation. However, the tendency to ‘pick and choose’ names to prosecute and to selectively reveal names under the garb of firming up an ‘agreement’ with Swiss authorities is unlikely to withstand any judicial scrutiny.

Before disclosing any name, several questions need to be answered.

One, when was the foreign account opened? If opened while the person was a non-resident Indian under Fema, he would be entitled to maintain and operate that account for the rest of his life, even after becoming a resident of India.

Two, one has to know if the account has been opened within the limit prescribed by the RBI, applicable to residents. If it has, then it would be in order.

Third, if the funds have been generated abroad when the person was an NRI under the I-T Act. If they have been generated abroad, these funds would not be taxable in India.

Four, one must ascertain if the funds have been generated abroad while the person was a resident under the Fema and whether these have been repatriated through the banking channel. If so, it would be in order.

Five, if funds have been stashed away abroad through the hawala route, whether the Enforcement Directorate (ED) has commenced any adjudication proceedings under Fema.

Six, whether the income-tax authorities have issued a notice to ascertain if tax has been paid on funds generated in India and parked abroad.

These issues would require investigation by ED and income-tax authorities. The passport of each account holder would require scrutiny to ascertain residential status at various points in time.

For ascertaining residential status under the Fema, full opportunity must be given to explain his employment, business and vocation from the date of opening the account. The total number of days that he has remained in India and outside in each financial year must also be ascertained. The residential status would have to be separately determined under the I-T Act.

The yardsticks for determining residential status under the I-T Act and the Fema are different, with vastly varying implications. Simply declaring names to brand them ‘criminals’ without investigation would be catastrophic. The court is sure to come down heavily against the government if it carries out any slipshod exercise in a hurry.

So, the stand of the government not to disclose names at this stage is correct, even thought the reasoning is wrong. The government is taking shelter behind treaty obligations with foreign countries. It is a settled law that in a conflict between any treaty obligation and domestic law, it is the domestic law that prevails. Even if the treaty obligations had allowed disclosure of names, the government cannot brand anyone a criminal without a proper inquiry.

Consequently, government must expeditiously conclude an inquiry under domestic laws and then proceed. And if prosecution is launched under the I-T Act for concealment of income abroad, what about prosecuting those concealing income in India? The I-T Act does not recognise the colour or origin of currency notes.

Now about repatriation of funds. Under the I-T Act, an assessing officer has no power either to confiscate on behalf of the central government any asset or to direct any foreign bank account holder to repatriate funds. These powers lie with the ED under the Fema. The ED hasn’t even commenced any adjudication. In any event, residents today can hold, own, transfer and invest foreign assets in many situations.

Repatriation of funds is almost unachievable and collecting tax will be minuscule in a $2-trillion economy. So, the fact of the matter is, all this noise about bringing back stashed away funds into the country isn’t about economics, but politics.

(The writer is former Additional Solicitor General of India)
 
Vaagmiji and Sangomji have exposed the real reason and the eventual consequence of this discussion about black money.
Was the BJP, RSS, AAP and others misleading the voters?
 
Vaagmiji and Sangomji have exposed the real reason and the eventual consequence of this discussion about black money.
Was the BJP, RSS, AAP and others misleading the voters?

It is all politics. For the ruling party it is a stick to threaten and extract whatever they can from the account holders. For the opposition it is a stick with which they can beat the ruling party. For the courts it is time to prove that they are the supreme authority. The public are the suckers. LOL.
 
Why do you need to hide the black money in foreign accounts, when you can have it hidden in plain sight. Every real estate transaction has black money. Crooks like Dr. Swami and other politicians have been misleading the common man. We have our share of them in this site too.
 
The games that Banks play:

Working to recover loans from KFA: Private Sector Banks

The Economic Times
Published on October 27, 2014


Mumbai, October 26 (PTI): Private sector banks, which have shied away from tagging Kingfisher Airlines chairman Vijay Mallya a 'wilful defaulter' as some key public sector lenders have done, say that they are exploring "all options" to recover their loans.

At least two banks, the third largest private sector lender Axis Bank and the south-based Federal Bank, have said they have not classified KFA, Mallya and his senior officials as wilful defaulters. "We have not classified them as wilful defaulters as yet," Axis Bank executive director in charge of corporate banking V Srinivasan said. The exposure, declared as bad loan long time back, is very small, he said, adding that the bank had an exposure of Rs 50 crore to the airlines that has not flown since October 2012.

Its peer Federal Bank has also not declared the liquor baron Mallya as "a wilful defaulter", the bank's managing director and chief executive Shyam Srinivasan said. The bank is engaged in negotiations with the airline and is considering "all options" of recourse to recover its outstanding, he said. The bank has been able to recover around 12 per cent of its total exposure of Rs 90 crore till now, he added.

Country's largest private sector lender ICICI Bank had sold its Rs 430-crore exposure to an arm of the Kolkata-based Srei Infrastructure Finance. The status on that exposure, which reportedly had the best of collaterals, is not immediately known.

The wilful defaulter tag, dreaded by the industry, is designed to impact the top management's ability to raise any loan in the future, even in the case of other companies where they hold directorships.

The troubled United Bank of India, Punjab National Bank (PNB), State Bank of India and IDBI, usually criticised for lax approach, have declared Mallya and company's directors Ravi Nedungadi, Anil Kumar Ganguly and Subash Gupte as "wilful defaulters" since August. The process was challenged by the company at various High Courts, and bankers are now confused about the legal position as different higher courts have given different views on Mallya's petition. While the Calcutta HC approved the United Bank's action of declaring him a wilful defaulter, a similar action by PNB was stayed by the Delhi HC.

A consortium of 17 banks, led by SBI, has a Rs 7,600 crore exposure to Kingfisher, which has been declared as non- performing asset and has led to public outcry against the bankers for tardy diligence which led to the defaults. Since recalling the KFA loan in February 2013, banks could so far recover around Rs 1,000 crore by selling pledged shares. The banks have now only the around Rs 90-crore Kingfisher Villa in Goa and the around Rs 150-crore Kingfisher House as collaterals with them.




 
Why do you need to hide the black money in foreign accounts, when you can have it hidden in plain sight. Every real estate transaction has black money. Crooks like Dr. Swami and other politicians have been misleading the common man. We have our share of them in this site too.

Shri Prasad,

When bribes are paid by foreigners/foreign companies, etc., it is far easier for both parties, the giver and the taker, to transact through a foreign bank account in a tax-haven. If this is done in India itself or in other countries which are not tax-havens, there is a possibility that such large transactions will attract attention of the authorities, etc. Secondly, moneys originating from drug, sex, arms, etc., trades have to be 'hidden' somewhere.
 
The games that Banks play:
Working to recover loans from KFA: Private Sector Banks

The Economic Times
Published on October 27, 2014

The case of KFA will be a "small fry", comparatively, imho. The NPA norms require that an account should be

"income-generating" and there should not be delays, beyond the prescribed period/s, in payment of interest and

repayment of principal amounts.

Because we have, in India, the system of cash-credit and overdraft accounts, both of which are 'running accounts'

in which the borrower is entitled to make any number of debits/credits without limit, there is no fool-proof system to determine whether interest has been paid, out of the borrower's own funds, for a particular quarter or not. The banks debit the interest and take it to their income account, but in very many cases, there will also be 'enhancements in drawing limit' to compensate for this, soon after the quarter. So, ultimately what happens is that the bank itself allows a fresh borrowing to the borrower to pay the interest to the bank! But in most cases even experienced bank auditors will find it very difficult to trace the transactions, because these very large industrial/business houses will have more than one account with a large number of banks. It is in this grand

scenario that our banking system stands tall.

If tomorrow, GOI/RBI abolishes these running accounts and orders that loan accounts with specified repayment schedules be stipulated in their place, the entire banking system, together with the ultra-huge industrial houses, will all crumble down in one huge implosion of sudden NPA avalanche. So much for "Satyam Eva Jayate"!
 
Great posts by vaagmiji, sangomji and auhji

all scholarly exhibiting excellent insight into how our banking system and corporates operate.

Keep up your posts .

I find them informative
 
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