Rs 38,000 cr service tax dues: Govt mulls out-of-court deal to resolve issue with banks

Agencies
August 2, 2019

Bengaluru, Aug 2: The government may be inclined for an out-of-court settlement in its dispute with banks over unpaid service tax dues to the tune of Rs 38,000 crore with officials indicating a more flexible stance to resolve the outstanding issues.

Sources in the government said that officials in the Finance Ministry may soon meet bankers to thrash out a compromise formula to resolve the issue that has divided the banking industry and pushed it into taking legal recourse.

A meeting proposed last month to resolve the issue could not take place and sources now say that all efforts are being made to organise the banker-official meeting this month so that a compromise is worked out well before the next date of hearing by the Delhi High Court in November. A meeting of bankers with Finance Minister Nirmala Sitharaman is also slated on Friday.

About 13 banks, including State Bank of India and HDFC Bank, moved Delhi High court early last month against a government demand for service tax to the tune of Rs 38,000 crore. Their claim is that the government decision is arbitrary and the amount has been calculated by multiplying penalty with the total number of accounts held with the respective banks resulting in big increase in tax demand.

Other banks in the petition include Punjab National Bank, Yes Bank and Hong Kong and Shanghai Bank, among others.

The government made the service tax demand for "treating the commitment of the customers to maintain minimum average balance (MAB) in bank accounts as a consideration for banking facilities provided for free".

Though the demand is of Rs 38,000 crore, sources said that the total amount could reach up to Rs 60,000 crore if interest and penalty are both included. Of the current demand, HDFC Bank itself is facing a penalty of up to Rs 18,000 crore.

"The stakes are high and has the potential to put the banking segment under prolonged periods of disruption. Coming at a time when the NPA issues are getting resolved, the government is unwilling to risk further and may work out an out-of-court settlement," said a source privy to the development. 

At the last hearing on the matter, a division bench comprising Justice S. Muralidhar and Justice Talwant Singh had issued a notice to the Centre, the Central Board of Indirect Taxes and Customs, the Goods and Services Tax Council and other authorities on the petition filed by the banks. The next day of hearing is November 14.

Other than the Delhi High Court, similar petition is pending before the Madurai bench of the Madras High Court. In this case, three banks have approached the court for relief.

As per industry estimates, savings account holders have paid over Rs 10,000 crore to the banks in the last three years as penalties for not maintaining minimum balance in their savings accounts. The penalty for non maintenance of minimum balance also varies from bank to bank.

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News Network
January 30,2020

Mangaluru: The police team investigating the case of bomb planting at the international airport here on January 20, took suspect Aditya Rao to several places in the city where he had frequented in the past few months, police said on Wednesday.

Police had earlier recovered a box from his bank locker at Udupi that contained a white powder which he claimed was cyanide. The substance has been sent to the Forensic Science laboratory for confirmation.

On further interrogation, Rao told police that he had a locker in a bank in Mangaluru also, where he was taken. Only some papers were seen in the locker, police said. He was also taken to the room where he stayed while he was working at a hotel in Balmatta here and to a hardware workshop from where he had purchased some spare parts, they said.

A 'live' explosive device was found in an unattended bag near a ticket counter of the departure gate of the airport here on January 20, triggering a scare before it was defused at a nearby open ground.

Police had released a picture of a man captured on CCTV camera as the suspect who placed the bomb and Rao later surrendered. Meanwhile, sources said the airport authorities got an anonymous call on Monday evening that a bomb had been planted in the airport. After thorough search, it was found to be a hoax. City police commissioner P S Harsha has warned of stringent action against those who make such calls.

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News Network
June 13,2020

Mandya, Jun 13: Degree colleges will begin classes after the lockdown is lifted and dates for examinations will be announced later, said deputy chief minister CR Ashwath Narayan on Friday.

Speaking at College of Agriculture, Mandya (VC Farm) on Friday, Ashwath Narayan said the lockdown will be completely phased out on June 30 and degree colleges will begin classes after that. “We will speak with all stakeholders to chalk out measures as to how to reopen degree colleges amidst coronavirus scare. All students must continue their studies and be prepared for exams,” he said.

Narayan said the cabinet has approved to upgrade VC Farm as a university and an ordinance will soon be promulgated in this regard. “There is a need to change the present curriculum to meet present day requirements. VC Farm will be made into a world class agriculture university and a vice chancellor will be appointed,” he said.

“Apart from traditional education, we must concentrate on skill-based education as it should create more job opportunities. We are committed to establish more skill-based educational institutes in Mandya district,” Narayan said.

Later Narayan visited Shivaragudda near Maddur and inspected 48 acres of government land which could be used for establishing skill-based education institutions. “This land was earlier used for imparting skill-based education in a collaboration with Denmark. Sir M Visvesvaraya had established skill-based institutions here in 1923 and now they have become defunct. The then prime minister of Denmark had inaugurated this century old institution. We will revive it and this will help local youths,” he said.

‘Ticket promised only to R Shankar’

When asked, Narayan said R Shankar, who quit the Congress-JD(S) coalition and joined BJP will be given a party ticket to contest the legislative council election. “Except Shankar, the high command did not promise council tickets to those who quit congress and JD(S) and joined our party. It is true that there is hectic lobbying in BJP to get tickets,” he said.

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Tejashwini
 - 
Friday, 24 Jul 2020

Sir when does degree clg gets reopen  in karnataka

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News Network
July 25,2020

Dubai, Jul 25: The founder of NMC Health, BR Shetty, has had a worldwide freezing order placed on his assets at the request of a lender that claims he has defaulted on a loan of more than $8 million (Dh29.4m).

The order was granted to Credit Europe Bank (Dubai) last month ahead of a claim filed at the DIFC Courts against Mr Shetty, New Medical Centre Trading and NMC Healthcare.

The lender said in its claim they “are jointly and severally liable” for the repayment of money initially secured through a credit agreement in December 2013 and renegotiated in December last year. Credit Europe Bank is an Amsterdam-headquartered institution specialising in trade and commodities finance with operations in nine countries.

The credit agreement was guaranteed by two security cheques which the bank said in its claim were signed by Mr Shetty – one drawn on his personal account and another on the account of New Medical Centre Trading – that have been "dishonoured upon presentation due to insufficient funds".

The bank claimed Mr Shetty “has now fled the jurisdiction of the UAE to India” and that there was a risk of his “substantial” assets in the Emirates being dissipated.

The assets frozen include properties in Abu Dhabi and Dubai, as well as shares in NMC Health, Finablr, BRS Investment Holdings and other companies. It allows for up to $7,000 per week to be spent on “ordinary living expenses and reasonable sum[s] on legal advice and representation”, a DIFC Courts document granting the freezing order shows.

Credit Europe Bank declined to comment when contacted by The National, stating it does not comment on ongoing litigation proceedings. Representatives for Mr Shetty and for NMC Healthcare, which is now being run by administrators Alvarez & Marsal, also declined to comment.

NMC Healthcare was founded by Mr Shetty in 1975 and grew from a single hospital into the UAE’s biggest privately-owned healthcare operator, which employed 2,000 doctors and 20,000 other staff. The company was listed on the London stock exchange and at its peak was valued at £8.58 billion (Dh40bn). However, its shares slumped after short seller Muddy Waters Research issued a report in December 2019 alleging the company had inflated its cash balances, overpaid for assets and understated its debts. This led to a string of damaging revelations by the company, including the fact that its debt was materially higher – at $6.6bn – than the $2.1bn on its balance sheet. NMC Healthcare was placed into administration in April by its biggest creditor, Abu Dhabi Commercial Bank, but its UAE businesses continue to trade as a going concern.

Mr Shetty said in a statement issued in April that he has been a victim of fraud committed by "a small group of current and former executives” at companies owned by him. He said bank accounts were created in his name and transactions were made without his knowledge, and that loans, cheques and bank transfers were also fraudulently guaranteed in his name using his forged signature.

In response to the claim filed by Credit Europe Bank (Dubai) at the DIFC Courts, Mr Shetty says he did not personally guarantee loans made to NMC Trading or NMC Healthcare and that the signatures used on cheques guaranteeing the loans are forgeries. His defence cites the opinion of “Dr Al Bah, an independent, experienced and qualified forensic document examiner”, that someone other than Mr Shetty signed the lending agreements and cheques.

An application by NMC Trading and NMC Healthcare to the DIFC Courts to have the claim against it heard in private for fear of triggering claims by other lenders – the group owes money to around 80 local, regional and international lenders – was dismissed, given that the appointment of administrators at the group and allegations of fraud at the company are already in the public domain.

Both companies have indicated to DIFC Courts that they intend to contest the claim against them.

Comments

UAE Muslim
 - 
Sunday, 26 Jul 2020

give money to RSS now to kill muslim....GOD will turn the table for moran like you BR,...shamed of tulu guy cheated the UAE govennment...not root in hell

ANONYMOUS
 - 
Saturday, 25 Jul 2020

amount should be 8 billion dollar and not 8 million dollar

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