SC directs Sahara Group to refund Rs 24K crore to investors

September 1, 2012
sahara

New Delhi, September 1: In a major setback to the Sahara Group, the Supreme Court today directed two of its companies to refund around Rs 24,000 crore to their investors within three months with 15 per cent interest per annum.

In stinging observations against the companies for violating rules and regulations in raising funds from common investors, a bench of justices K S Radhakrishnan and J S Khehar said that such economic offences must be dealt with "iron hand".

It said that if the companies--Sahara India Real Estate Corporation (SIREC) and Sahara Housing Investment Corporation (SHIC)--fail to refund the amount then SEBI can attach properties and freeze bank accounts of the companies.

The Court also appointed one of its retired judges Justice B N Aggarwal to oversee the action taken by SEBI against the two Sahara firms.

"Saharas (SIRECL & SHICL) would refund the amounts collected through RHPs dated March 13, 2008 and October 10, 2009 along with interest @ 15% per annum to SEBI from the date of receipt of the subscription amount till the date of repayment, within a period of three months from today," the bench said.

SIREC had collected Rs.19,400.87 Crs on March 13, 2008 and SHICL had collected Rs 6,380.50 Crs. But the total balance on August 31 is Rs 24,029.73 Crs after premature redumption.

The group might have to fork out around Rs 38,000 crore as of now which includes Rs the principal amount of Rs 24,029.73 and interest of around Rs 14,000.

Taking into account the reluctance of the group in providing financial details including information about the investors, the bench said that the SEBI would probe into the issue.

It directed Saharas to furnish all documents in their custody to the regulator.

"Saharas are directed to furnish all documents in their custody, particularly, the application forms submitted by subscribers, the approval and allotment of bonds and all other documents to SEBI so as to enable it to ascertain the genuineness of the subscribers as well as the amounts deposited, within a period of ten days from the date of pronouncement of this order," the bench said.

The bench said that civil and criminal liability should be imposed on the company for indulging in such economic offence.

"The provisions for imposing civil and criminal liability and refund of the amount with interest would indicate that, of late, economic offences in India like the one committed by Saharas be treated with an iron hand, or else we may land in another security market pandemonium," the bench said.

It said that if the whereabouts of all or any of the subscribers is not found out then the amount collected from such subscribers will be appropriated to the Centre.

"SEBI shall take steps with the aid and assistance of Investigating Authorities/Experts in Finance and Accounts and other supporting staff to examine the documents produced by Saharas so as to ascertain their genuineness and after having ascertained the same, they shall identify subscribers who had invested the money on the basis of RHPs and refund the amount to them with interest," the bench said.

"The consequence of the foregoing discussion, if correct, is alarming, shocking and distressing. When the appellant-companies are a part of the Sahara India Group of Companies, recognized in India with awe and admiration, their apparent attempt to withhold the disclosure of the factual position solicited by SEBI, cannot be brushed aside lightly," the bench said.


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News Network
May 29,2020

May 29: A total of 367 domestic flights, carrying 30,136 passengers, operated throughout the country till 5 pm on Thursday, Civil Aviation Minister Hardeep Singh Puri said.

Airports in West Bengal also started operations on Thursday, three days after domestic air travel resumed in India after a gap of two months.

All scheduled domestic passenger services were suspended in India from March 25 to May 24 due to restrictions in the wake of the coronavirus pandemic.

Earlier in the day, Puri had said that 460 domestic flights carrying 34,336 passengers were operated on Wednesday.

In the case of West Bengal, the minister on Sunday had said that the state will handle domestic flights from Thursday.

"Figures for domestic flights for 28th May 2020 are in. Departures 367, 30,136 passengers handled. Arrivals 310, 25,530 passengers handled. Total movements 677 with 55,666 passenger footfalls at airports.

 “Total number of flyers 30,136. These are numbers till 1700 hrs for Day 4," Puri said in a tweet.

A total of 428 domestic flights carrying 30,550 passengers and 445 domestic services carrying 62,641 flyers were operated in the country on Monday and Tuesday, respectively.

In February this year, when the lockdown was not imposed, around 4.12 lakh passengers travelled daily through domestic flights in India, according to Directorate General of Civil Aviation (DGCA) data.

During the pre-lockdown period, Indian airports handled around 3,000 daily domestic flights, aviation industry sources said. A total of 16 asymptomatic passengers on seven different flights including 13 of them who travelled by IndiGo have tested positive for COVID-19 since the resumption of domestic air services on Monday, according to airlines data.

Two of the three asymptomatic passengers who tested positive for the infection had travelled by Spicejet while one took a flight of Air India subsidiary Alliance Air.

The Karnataka government, meanwhile, said on Thursday it has requested the civil aviation ministry to reduce the number of flights originating from five states--Maharashtra, Gujarat, Tamil Nadu, Madhya Pradesh and Rajasthan--in the light of the high number of COVID-19 cases there, hours after a minister said it has "suspended" air travel from these states.

Seeking to clarify his statement, Law and Parliamentary Affairs Minister J C Madhuswamy maintained that Karnataka has not sought imposing a ban on flights from the five states as reported in some sections of the media. "India is flying high. Domestic operation figures for May 27, 2020 (till 23.59 hrs): Departures 460 with 34,336 passengers handled. Arrivals 464 with 33,525 passengers handled," Puri had said earlier in the day on Twitter.

If a flight takes off before midnight and lands in another airport after midnight, its departure and arrival are counted on different days, leading to a seeming mismatch in the figures of a particular day.

The Delhi airport, India's busiest airport, is scheduled to handle 147 departures and 145 arrivals on Thursday, said senior government officials. The Mumbai airport's operator MIAL said it handled a total of 50 domestic flights on Thursday. International passenger flights continue to remain suspended in the country.

Airports in West Bengal, Andhra Pradesh, Maharashtra, Telangana and Tamil Nadu have been allowed to handle a restricted number of daily flights as these states do not want a huge influx of flyers amid the rising number of COVID-19 cases.

While domestic services resumed in Andhra Pradesh on Tuesday, they restarted in West Bengal on Thursday.

Though domestic flight operations across the country began on May 25, they could not be restarted in Kolkata and Bagdogra as the state's machinery was involved in relief and restoration work after cyclone Amphan's devastation.

"Welcome Back, Passengers! Kolkata Airport saw the arrival of 122 passengers from @DelhiAirport after two long months and 40 passengers departed to Guwahati. Proper checks were followed, and regular sanitization was carried out in the terminal which was abuzz with passengers," the Kolkata airport tweeted.

On Thursday, eleven flights took off from Kolkata and an equal number arrived in the city, sources at the Netaji Subhas Chandra Bose International Airport said.

"A total of 1,745 passengers arrived and 1,214 passengers flew out of the city today (Thursday)," airport sources said.

The airports in Kolkata and Bagdogra are permitted to handle 20 daily flights each from Thursday onwards.

While it is not clear how many flights were handled by the Bagdogra airport on Thursday, the officials said 899 passengers arrived while 484 passengers departed from the airport during the day.

The West Bengal government recently came up with a set of guidelines for people arriving in the state on domestic flights.

According to it, those entering the state from Thursday must submit a self-declaration form, stating that they have not tested positive for COVID-19 in the past two months.

The passengers will also need to undergo health screening after they arrive at the airport, the state's guidelines said.

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Agencies
May 31,2020

New Delhi, May 31: Congress leader Kapil Sibal on Sunday questioned the Prime Minister on how much money has been given to labourers from the PM-CARES Fund.

"I would like to ask Prime Minister Modi, 'Can you tell us how much money did you give to labourers from your PM-CARES Fund?' I request him to answer this question. Many people died during this period, some died while walking, some died in the train, some died of hunger," Sibal said while addressing a virtual press conference.

The senior Congress leader further asked how much ex gratia did the Prime Minister give to the labourers who died in the corona crisis while negotiating the lockdown.

"I refer you to Section 12 of the Disaster Management Act. It says that ex gratia assistance on account of the loss of life and also assistance for the restoration of livelihood should be provided by the government. Did the government give ex gratia assistance to people who died in the crisis? The act also mentions special provisions for widows and orphans. The government should clarify how much assistance they gave to such people," he said.

Sibal said that the government should keep aside its agenda for the last six years and concentrate on making pro-poor policies.

"In the coming days, our economy is going to go into the negative territory as also confirmed by RBI. There are 45 crore labourers in our country. What will be their state? We have to look at our future. That is why we want to request the government that the agenda that they have run over the last six years should be kept aside and that government should care about the poor and draft policies for them," the Congress leader said.

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Agencies
June 13,2020

New Delhi, Jun 13: In a bid to provide relief to small businesses amid the coronavirus pandemic, the GST Council on Friday decided to halve the interest rate on late filing of GSTR-3B returns for the period of February, March and April 2020.

The interest rate on late return filing will be 9% from the usual 18% till September 30, 2020. The benefit will be available for small taxpayers with aggregate turnover of up to Rs 5 crore.

For the three months, small taxpayers will not be charged any interest till the notified dates for relief and thereafter 9% interest will be charged till September 30, a Finance Ministry statement said.

"For small taxpayers (aggregate turnover upto Rs 5 crore), for the supplies effected in the month of February, March and April 2020, the rate of interest for late furnishing of return for the said months beyond specified dates (staggered upto 6th July 2020) is reduced from 18 per cent per annum to 9 per cent per annum till 30.09.2020," said the statement.

The Council has also extended relief to small taxpayers for subsequent period of 2020 through waiver of late fees and interest if the returns in Form GSTR-3B for the supplies effected in the months of May, June and July are furnished by September 2020.

It has also decided to reduce the late fee on the filing of GSTR-3B returns for the period between July 2017 and January 2020. The late fee has been capped at Rs 500, but interest will be charged at the existing rate on the due tax liability.

Speaking to the media in New Delhi after a GST Council meet through videoconference, Union Finance Minister Nirmala Sitharaman said that those entities with no tax liability will not have to submit the late fee for the period.

For entities with tax liability but which have not filed returns or have filed returns late, the late fee has been capped at Rs 500 without interest. Interest will, however, be payable on the tax component at the applicable rate for delays.

To facilitate taxpayers who could not get their cancelled GST registrations restored in time, the Council has provided an opportunity for filing of application for revocation of cancellation of registration up to September 30, 2020, in all cases where registrations have been cancelled till June 12, 2020.

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