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
February 17,2020

Abu Dhabi, Feb 17: NMC Health Plc, a hospital operator targeted by short-seller Muddy Waters, said founder Bavaguthu Raghuram Shetty resigned amid investor concern he faced a margin call and misrepresented his stake.

The board asked for Co-Chairman Shetty’s resignation and it takes effect immediately, according to a person with knowledge of the situation. NMC has lost four board members since Friday, including Vice Chairman Khaleefa Butti, whose holdings are also being probed. The stock, the worst performer on the FTSE-100 Index this year, fell as much as 9.2 percent Monday morning and then rebounded.

“The resignation of senior board members should be viewed positively,” said Abdulla Nahlawi, an analyst at Rasmala Investment Bank in Dubai. “The credibility of the current board has been jeopardized with the unfolding of the recent events.”

NMC shares lost almost half their value the first week of February on speculation the company’s main investors faced a margin call, in which banks seize shares pledged as collateral. NMC said Friday that First Abu Dhabi Bank and Al Salam Bank Bahrain obtained 20 million shares in the company from BRS International Holding, an investment vehicle of NMC’s top shareholders. The banks sold more than 8 million of those shares as “enforcement of security,” NMC said.

NMC operates the largest medical network in the United Arab Emirates and in 2012 became the first Abu Dhabi company to list in London. The shares started teetering in mid-December when Muddy Waters alleged that NMC manipulated its balance sheet and inflated the prices of companies it acquired.

Shetty, 77, was born in India and founded NMC in the 1970s after moving to Abu Dhabi. His spokesman said a legal review of the situation is ongoing and declined further comment.

Chief Investment Officer Hani Buttikhi and board member Abdulrahman Basaddiq also stepped down because they were appointees of Shetty and Butti, NMC said, adding that they had no knowledge of the share transfers.

Questions remain over the role of Shetty’s family at the company. His wife and son-in-law both hold roles in senior management.

Almost 10 per cent of NMC’s freely traded shares are shorted, according to Markit Securities data. In mid-December about a third of them were.

Last week GKSD Investment, an investment company backed by hospital investors, said it’s studying a possible offer for NMC. Under U.K. takeover rules, it has until March 9 to make a bid.

NMC has said Muddy Waters’s claims are false and the company hired former FBI Director Louis Freeh to conduct an independent review. The review is due to be completed before the company issues its financial results in March, the person said.

NMC said Mark Tompkins will continue as the company’s sole chairman.

Comments

sunita kejriwal
 - 
Monday, 17 Feb 2020

BRS could not fool all the people all the time!

 

Bhakth
 - 
Monday, 17 Feb 2020

Illegal way of earning will not last for long. 

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News Network
March 15,2020

Bengaluru, Mar 15: All 21 Madhya Pradesh MLAs from Jyotiraditya Scindia's camp, who were lodged here at Prestige Golfshire Club, have been shifted to Ramada hotel in Yelahanka ahead of Monday's floor test in the state assembly.

In view of their arrival, the concerned authorities have strengthened security outside the hotel.

Following the exit of Scindia from Congress, these MLAs claimed to have resigned from the state Legislative Assembly.

On March 11, Congress sent two of its leaders -- Sajjan Singh Verma and Govind Singh -- to Bengaluru in order to pacify some of these rebel MLAs.

Most of the rebel MLAs are perceived close to Scindia and were apparently unhappy at Scindia being "ignored" in the party.
Meanwhile, Madhya Pradesh Congress MLAs, who arrived in Bhopal from Jaipur today morning ahead of the floor test in the Assembly on Monday, have been shifted to Courtyard by Marriott Hotel.

These MLAs were accompanied by senior Congress leader Harish Rawat, who exuded confidence of Kamal-Nath led government winning floor test in the Assembly.

Both Congress and BJP have issued whips to all its MLAs for the legislative assembly session in Madhya Pradesh, which is scheduled to be held from March 16 to April 13.

On Saturday, Madhya Pradesh Governor Lalji Tandon had directed that a floor test will be held in the assembly on Monday.

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Agencies
March 10,2020

Bhopal, Mar 10: Senior Congress leader Digvijay Singh on Tuesday parried questions on the exact number of MLAs supporting the party in Madhya Pradesh amid a political crisis triggered by the resignation of Jyotiraditya Scindia and 14 MLAs loyal to him.

Repeating his allegation that the BJP was trying to destabilise the Congress-led government, Singh told reporters that the BJP had arranged three chartered planes for Bengaluru on Monday to fly out some MLAs loyal to Scindia.

"We want to know why Bengaluru is used every time to destabilise governments?" he questioned.

When asked about the number of MLAs supporting the Congress in the current political scenario, Singh only said, "Just wait".

He said an atmosphere of uneasiness has been prevailing in the BJP since the Kamal Nath government started cracking a whip on various mafias.

"We (the state government) are exposing Vyapam scam, e-tendering scam, Madhyam scam. In the honey-trap case, BJP men were found to be involved. This will be exposed," he said.

The political crisis in Madhya Pradesh precipitated with the resignation of Jyotiraditya Scindia over his apparent marginalisation in the state politics. Following Scindia's suit, 14 legislators loyal to him have sent their resignation letters via e-mail to Madhya Pradesh Raj Bhavan.

Scindia was subsequently expelled from the Congress by party president Sonia Gandhi.

Speculation that the Guna royal might join the BJP gained ground after he met Prime Minister Narendra Modi in Delhi this morning.

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