Overseas investors pull out Rs 1 trillion from India

June 11, 2012

overseas

New Delhi, June 11: Rich overseas entities, investing in Indian markets through 'participatory notes' (P-notes/PNs), are estimated to have pulled out over Rs 1 lakh crore (about USD 20 billion) in less than three months on fears of getting caught in the government's taxation net and its black money trail.

As a result, the quantum of money invested through these PNs has hit its rock-bottom levels of just about 10 per cent of total FII (foreign institutional investment) holdings -- which used to be more than 50 per cent a few years ago.

The participatory notes (PNs) allow foreign HNIs (high networth individuals) and other rich investors to invest in India through already-registered FIIs, while saving on time and costs associated with direct registrations.

The flight of PN investments began late in March after the government in its union budget proposed new taxation regime of General Anti-Avoidance Rule (GAAR) and certain retrospective amendments for taxing offshore transactions.

Sources said that PN investors have already pulled out close to Rs 1 lakh crore (about USD 20 billion) from Indian equity and debt markets, while they might have decided against putting in fresh investments worth at least Rs 50,000 crore ever since the new tax policy was proposed.

While GAAR has been deferred by a year, the tax proposals for offshore transactions could apply to FIIs as well.

It is feared that the new taxes could lead to heavy tax burden for the foreign investors investing through tax-friendly jurisdictions like Mauritius. Most of the overseas entities route their investments into India through such places to take benefit of their tax-friendly regimes.

There are apprehensions that FIIs could be forced to pass on their tax liabilities to their PN clients, thus adversely impacting their overall returns on investment.

Many hedge funds and ultra-rich investors from abroad prefer PNs, which are sold by India-registered FIIs, as it allows them maximise the returns through savings on costs and rigmarole of various regulatory processes.

As per the latest data available with market regulator Sebi, the total value of PNs in Indian markets stood at about Rs 1,30,012 crore (about USD 25 billion) at the end of April 2012, down from Rs 1,83,151 crore at the end of February and Rs 1,65,832 crore as on March 31, 2012.

This figure was on a sharp uptrend this year till middle of March, but started declining sharply after tax proposals came to be known. While the mid-month figures are not shared by Sebi, the industry sources said that the total value of PNs are estimated to have reached near Rs two trillion (about USD 40 billion), before it started sliding in late March.

Sources said that the total value of PNs is estimated to have fallen further to near Rs one lakh crore level (about USD 15 billion) currently, marking a fall of nearly same amount from its late-March peak.

The share of PNs in total FII holding stood at 16.4 per cent in February, but fell to 11.4 per cent by April. It has now further fallen to near 10 per cent level, sources said, while adding that most of the FII outflow currently taking place is in the PN accounts.

The PNs have been accounting for mostly 15-20 per cent of total FII holdings in India since 2009, while it used to much higher in the range of 25-40 per cent in 2008. However, it was as high as over 50 per cent at the peak of Indian stock market bull run during a few months in 2007.

In addition to the new taxation proposals, the government's recent white paper on Black Money has added to the flight of PN investments from India, sources said.

The white paper, tabled by the Parliament on May 21, said that PNs were being used by Indian citizens to re-invest the black money in the country.

"Investment in the Indian stock market through PNs is another way in which the black money generated by Indians is re-invested in India," it said.

Participatory note is a derivative instrument issued in foreign jurisdictions, by a foreign institutional investor (FII) or its sub-accounts against underlying Indian securities.

"... through the instrument of PNs, investment can be made in the Indian securities market by those investors who do not wish to be regulated by Indian regulators due to a variety of reasons," the white paper noted.

The reasons could include the desire of investors to keep their identity anonymous, which is possible also for the reason that PNs/ODIs can be freely traded and easily transferred without disclosing the identity of the actual beneficiaries, it added.

As per the white paper, since PNs are issued from offshore financial centres (OFCs) such as the Cayman Islands, British Virgin Islands, Switzerland, and Luxembourg, it is possible to hide the identity of the ultimate beneficiaries through multiple layers.

Amid rising concerns that some of the money coming through PNs could be unaccounted wealth under the of FII investment, market regulator Sebi has already taken various measures to ensure that these instruments are not used for black money laundering. It was due to the steps taken by Sebi that the PNs' share in total FII holding had previously fallen from over 50 per cent to 15-20 per cent.

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News Network
June 22,2020

New Delhi, Jun 22: The Delhi Police Monday urged the Delhi High Court to grant them a day’s more time for seeking instructions on a plea by Jamia student Safoora Zargar, who was pregnant and arrested under the anti-terror law --UAPA--, seeking bail in a case related to communal violence in northeast Delhi during protests against the Citizenship Amendment Act in February.

Justice Rajiv Shakdher, who conducted the hearing through video conferencing, allowed the request after Zargar’s counsel said she has no objection to it and listed the matter for Tuesday.

Zargar, M Phil student of Jamia Millia Islamia University, is more than four months pregnant.

During the hearing, Solicitor General Tushar Mehta, representing the Delhi Police, sought a day’s time to take instructions on the issue and said it will be in “larger interest” if he is given indulgence.

Additional Solicitor General (ASG) Aman Lekhi also joined Mehta and said they are ready with the arguments on merits of the case but they do not intend to proceed on merits at this stage.

Advocate Nitya Ramakrishnan, appearing for Zargar, said the woman is in a delicate state and is in a fairly advanced stage pregnancy and if the police need time to respond to the plea, she be granted interim bail for the time being.

The high court asked Solicitor General (SG) Tushar Mehta to come back with instructions on Tuesday.

The police has also filed a status report in response to the bail plea.

Jamia Coordination Committee member Zargar, who was arrested by the Special Cell of Delhi Police on April 10, has challenged in the high court the June 4 order of the trial court denying her bail in the case.

The hearing in the high court also witnessed exchange of words between Mehta, Lekhi on one side and Delhi government standing counsel (criminal) Rahul Mehra who objected the appearance of the two senior law officers on behalf of Delhi Police in the case.

Mehra contended that unlike another North East Delhi violence matter in which requisite approval was sought by the Delhi Police to be represented by a team of lawyers led by the Solicitor General, no such procedure was followed in this case.

"They know that my view in such cases will be more humanitarian and not as per their whims and fancies. I am not supposed to be the mouth piece of the Delhi Police, I am an officer of the court," he said.

Lekhi shot back "a client chooses the lawyer and a lawyer cannot impose himself on the client.

He said this controversy would deviate the court from the issue in hand and Mehra's objection can be kept aside in this case.

The high court concluded the hearing, asking the counsel for Delhi Police to sort out their battles by tomorrow.

 The trial court, in its order, had said “when you choose to play with embers, you cannot blame the wind to have carried the spark a bit too far and spread the fire.”

It had said that during the course of investigation a larger conspiracy was discernible and if there was prima facie evidence of conspiracy, acts and statements made by any one of the conspirators, it is admissible against all.

The trial court had said that even if there was no direct act of violence attributable to the accused (Zargar), she cannot shy away from her liability under the provisions of the Unlawful Activities (Prevention) Act (UAPA).

However, the trial court had asked the concerned jail superintendent to provide adequate medical aid and the assistance to Zargar.

The police had earlier claimed that Zargar allegedly blocked a road near Jaffrabad metro station during the anti-CAA protests and instigated people that led to the riots in the area.

It further claimed that she was allegedly part of the “premediated conspiracy” to incite communal riots in northeast Delhi in February.

Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and scores injured.

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News Network
May 25,2020

New Delhi, May 25: India witnessed the highest ever spike of 6,977 positive cases in the last 24 hours, taking the total number of COVID-19 to 1,38,845, according to the Union Ministry of Health and Family Welfare.

India is now among the top 10 countries in the world regarding the total number of COVID-19 cases.

With 154 deaths reported in the last 24 hours, the total number of deaths due to COVID-19 now stands at 4,021 in the country.

Out of the total number of cases, 77,103 are active cases and 57,721 have been cured/discharged/migrated.

Maharashtra continues to remain the worst affected state with 50,231 COVID-19 cases, followed by Tamil Nadu (16,277), Gujarat (14,056) and Delhi (13,418).

The fourth phase of the nationwide lockdown imposed as a precautionary measure to contain the spread of COVID-19 is scheduled to end on May 31.

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News Network
March 24,2020

New Delhi, Mar 24: The total number of active COVID-19 cases reported so far in the country stands at 446 while the number of people who have been cured or discharged stands at 36, according to the Ministry of Health and Family Welfare.

Nine people have died from the disease while one case has migrated, the Ministry further informed.
The Central government has taken several steps to contain the rapid spread of the virus, including stoppage of all incoming passenger traffic on 107 immigration check posts at all airports, seaports, land ports, rail ports, and river ports.
There is a complete lockdown in as many as 548 districts of the country affecting several hundred million people.
The Indian Railways has also cancelled all passenger train operations till March 31.

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