Adanis | SabrangIndia News Related to Human Rights Fri, 19 May 2017 14:20:12 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Adanis | SabrangIndia 32 32 Adanis “offered” $320 million royalties holiday for Australian coalmining project, even as expert says it is “not viable” https://sabrangindia.in/adanis-offered-320-million-royalties-holiday-australian-coalmining-project-even-expert-says/ Fri, 19 May 2017 14:20:12 +0000 http://localhost/sabrangv4/2017/05/19/adanis-offered-320-million-royalties-holiday-australian-coalmining-project-even-expert-says/ Queensland premier with chairman Gautam Adani In a major boon to India’s powerful industrial group, the Adanis have been offered a $320 million “royalties holiday” in their prestigious coalmining project in Australia. The offer, reports Australian Broadcasting Corporation (ABC), requires the Adanis to pay “just $2 million a year in royalties once the $21 billion […]

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Queensland premier with chairman Gautam Adani

In a major boon to India’s powerful industrial group, the Adanis have been offered a $320 million “royalties holiday” in their prestigious coalmining project in Australia. The offer, reports Australian Broadcasting Corporation (ABC), requires the Adanis to pay “just $2 million a year in royalties once the $21 billion project starts operating.”

Pointing out that “the royalty rate will then increase after several years”, quoting sources, ABC said, “Under the proposed agreement, the state would lose out on a total of $320 million in royalties”. The offer has come following Queensland state premier Annastacia Palaszczuk’s negotiations with Adanis over the proposed royalties holiday.
Following the negotiations, the report quotes Palaszczuk as saying, "What we know about this project is that it is vital for regional jobs." The Carmichael project is expected to produce 25 million tonnes of coal a year in its first phase.

In a separate report, the British Guardian reports, it is a “$320m deferment of Carmichael coal export royalties”, adding, the Queensland government offer comes after “a former climate change adviser to the federal government said risks inherent in Australia’s largest proposed coalmine meant Adani could shelve its plans.”

The Guardian quotes Prof Will Steffen’s Climate Council report to say that a “carbon budget” approach to a global warming limit of 2C rules out Carmichael coalmine.
“As a catalyst for opening up neighbouring mines, it could lead to total emissions from Galilee basin coal matching ‘one of the top 15 emitting countries in the world’ and making up 130% of Australia’s total carbon pollution.”, the report adds.

Quoting from the report, the Guardian says, “The carbon budget for 2C allows for less than 10% of existing Australian coal reserves to be dug up, leaving ‘no basis for developing any potential new coalmines, no matter where they are or what size they are’. This takes into account the ‘most economical’ existing sources of coal worldwide.”
“There are two undeniable trends – an accelerating uptake of renewable energy and coal plant closures,” the report is further quoted as saying. “For Australia to fight these trends is
economically, socially and environmentally unwise and counterproductive.”

Steffen said his key observation from the report was that rising impacts at “modest temperature rises” – such as bleaching of the Great Barrier Reef – along with more extreme events and warming of 1.1C-1.2C already “really put the pressure on getting out of fossil fuels probably faster than most people have thought”.
Coal, which gives out “a lot more CO2 per unit of energy” than oil or gas, comes out as “the biggest loser” under a carbon budget, Steffen said, adding, “Basically, the story is we can still burn over half the conventional oil reserves, less than half the conventional gas reserves, but very little of the coal reserves, because coal emits a lot more CO2 per unit of energy.”

“The real question is how fast can we phase out our existing mines and existing power stations before their normal lifetime is up. How do we hasten the transition? So any talk of opening up a vast new area of coal is completely out of whack with what we know about what’s happening with the climate systems”, he added.

Related Articles:

1. Australian Govt Fails to Pass Native Title Changes: Setback to Adani
2. Adani: Indian Fishermen warn Australia against Environmental Impact ahead of Coal Mine Talks – ABC News
 
 

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#AdaniFiles – Short History Of A Dangerous (Allegedly) Criminal Organization, Environmental Justice Australia Report https://sabrangindia.in/adanifiles-short-history-dangerous-allegedly-criminal-organization-environmental-justice/ Fri, 17 Feb 2017 07:53:42 +0000 http://localhost/sabrangv4/2017/02/17/adanifiles-short-history-dangerous-allegedly-criminal-organization-environmental-justice/ Environmental Justice Australia and Earthjustice have compiled a detailed report called the #AdaniFiles that summarises the mining giant Adani’s track record, based on publicly available evidence and research into hundreds of court documents. They show that Adani are, at their core, allegedly, a dangerous, criminal organization. They’re not a company that the people of Australia […]

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Environmental Justice Australia and Earthjustice have compiled a detailed report called the #AdaniFiles that summarises the mining giant Adani’s track record, based on publicly available evidence and research into hundreds of court documents. They show that Adani are, at their core, allegedly, a dangerous, criminal organization. They’re not a company that the people of Australia trust with a massive project in one of the most environmentally sensitive places in the world and feel that the $1 billion dollar public money loan proposed by the Australian federal government would not be safe in their hands.

Here is how the Australian’s are fighting Adani, the Indian multinational conglomerate seeking to build the world’s biggest new coal mine in central Queensland’s Galilee Basin – the Carmichael mine. Adani’s proven track record of alleged environmental destruction, human rights abuses, corruption and illegal dealings should sound a stern warning for the Indian government as well looking to do business with Adani at the expense of their own countrymen.

Adani Group

Below are excerpts from the reports relevant to India.

Adani’s sunken coal ship (allegedly) devastates tourism, beaches and marine life in Mumbai

AdaniFiles GreatGameIndia Ship Mumbai

In 2011, an unseaworthy Adani coal ship sank off the coast of Mumbai, causing a massive oil spill and spilling 60,054 metric tonnes of coal into the ocean. Adani did nothing to clean up the mess for five years, as the spill destroyed mangroves, polluted beaches, and caused serious damage to the local marine environment and Mumbai’s tourism industry.

In 2016 Adani and others were found liable for the spill and for failing to clean it up, and were fined the equivalent of AU $975 000.

The consignment of 60054 MT of coal has caused marine pollution and continues to be a cause and concern for environmental pollution. The Respondents are defaulting entities which have not complied with law and have adopted a most careless and reckless attitude in relation to protecting the marine environment.
– Key finding of the National Green Tribunal’s judgement

Adani (allegedly) breaks the law to destroy environment in Mundra

“Irreversible and irreparable damage has been done to the area by the Adani Port and it is difficult to monitor the extent of the damage today. The mangroves have been destroyed and it has created an environmental disaster. The fisherfolk and common people affected by this degradation cannot fight such a big company.”
– Mahesh Pandya, an Ahmedabad-based environmentalist.

In the coastal town of Mundra in India, Adani operates one of the world’s largest coal-fired power plants. Investigations of the Mundra project by Indian officials, independent committees and documentary film crews reveal a record of environmental destruction, harm to local communities, and a failure to comply with environmental regulation and development permits.

Adani (allegedly) illegally cleared 75 hectares of protected mangroves, flattened sand dunes, dredged the ocean, and blocked waterways. These activities created a diminished and diseased fish population, turned the groundwater saline, and flooded a village.

The outcome for the local villagers was catastrophic. Having traditionally relied on fishing and farming to survive, they are now left with barren land and oceans — their fish stocks decimated.

Villagers reported Adani using bribery and intimidation to silence anyone who tried to challenge them.

Adani deprive 80 families of access to their fishing grounds at Hazira Port

Adani had no approval to begin work at their Hazira Port when they started illegally wiping out mangroves and claiming land. They blocked access to traditional fishing areas for 80 fishing families from the village of Hajira. Further, they destroyed mangroves and allegedly destroyed the habitat of a critically endangered bird species.

In January 2016 Adani was ordered to pay $4.8 million AUD for compensation and restoration and had their environmental approval revoked.

Threats and alleged police intimidation in land grab in Jharkhand
Media reports from India reveal Adani is using police intimidation, bribery and threats to dispossess people of their land in Jharkhand — where the company want to build two power plants.

Villagers and government officials say the Jharkhand Government has (allegedly) deliberately undervalued local villagers’ land to allow Adani to acquire the land at a fraction of the land’s real value. One legislator raised the issue in state assembly, contending landowners are expected to receive about one tenth of the value of their land.

Community meetings on the sale of the land have been surrounded by a heavy-handed, intimidating police presence.

Bribery and illegal exports in Karnataka

Adani (allegedly) engaged in broad-ranging bribery to conceal the illegal export of 7.7 million tonnes of iron ore. In 2011, the Ombudsman of the Indian state of Karnataka investigated the corruption, and discovered a staggering scale of bribery.
Adani had (allegedly) bribed:

  • the police,
  • local politicians,
  • customs officials,
  • the State Pollution Control Board,
  • the Port Department,
  • the Weight and Measurement Department,

in return for facilitating and hiding their illegal exports.

Also, Adani routinely accepted iron ore from traders who were not permitted to supply the ore. The Ombudsman concluded that this scam, in which Adani was a major player, resulted in the illegal export of around 7.7 million tonnes of ore between 2006 to 2010.

Black Money

Like big power companies in Australia, Adani are perfectly happy to s….. their customers to inflate their profits. They lied about the cost of imported coal and equipment in order to evade tax and trick regulators into letting them charge Indian consumers much higher prices for their coal-fired power. Their gas supply arm was also found guilty of abusing its market power to overcharge its customers. Adani even (allegedly) colluded with a state power company to drive up prices in the midst of a power shortage crisis.

Six Adani Group companies are under investigation for lying about the quality and, hence value, of coal imported from Indonesia, allowing them to get away with charging higher prices, demanding public handouts, and driving up costs for Indian electricity customers. There is solid evidence that they’ve already ripped off their customers to the tune of over $200 million AUD.

Adani is also under investigation for a billion-dollar fraud, exaggerating the value of equipment imports into India by over 60%. Adani allegedly used an offshore holding company in Mauritius to siphon off much of the extra money from inflated invoices.

The Mauritius holding company is managed by Vinod Shantilal Adani, the older brother of Gautam Adani, and Chairman of the Adani group. Vinod is the sole director of a number of Singapore companies that own Adani subsidiaries in Australia. These companies are ultimately owned by a company registered in the Cayman Islands.

All evidence gathered suggests that the total value declared for the goods imported was Rs 9,048.8 crore ($1.7 billion AUD) whereas the actual value was Rs 3,580.8 crore; a difference of Rs 5,468 crore which has been siphoned ($1.07 billion AUD).

Mate’s rates – undue benefit from political connections

Adani chairman Gautam Adani and Indian Prime Minister Narendra Modi are old friends. Modi even travelled in an Adani-branded private jet during his election campaign. And it turns out Adani isn’t afraid of calling in favours.

While Modi was Chief Minister of Gujarat, Adani acquired vast swathes of land from farmers and locals in Mundra at a fraction of market value. It left locals across 14 villages dispossessed, and Adani clear to start construction.

Media reports revealed that the government sold 14,305 acres of land at Mundra to Adani at between 1 and 32 rupees per square metre (between 3 and 60 cents AUD), far less than offered to companies doing comparable projects.

Further, the Comptroller and Auditor General of India found that two pieces of forest land (1,840 hectare and 168.42 hectare) had been incorrectly classified, resulting in yet another undue benefit to Adani.

Price-gouging energy customers during power shortages in Gujarat

In 2013, the people of Gujarat were suffering from power shortages. At the same time, Adani was (allegedly) colluding with the local power authority to gouge prices and rip people off by providing short-term power at extremely high prices.

Adani’s competitors lined up to supply the people of Gujarat cheaper, long-term electricity but their tenders were blocked by the power authority. This resulted in massive price-hikes and ensured the only energy available was the highly expensive, short-term supply provided by Adani. Adani’s competitors subsequently brought litigation against the power authority for the price-gouging.

In 2014, Adani was found guilty of using its dominant market position to impose unfair conditions on gas customers. They were ordered to change their gas supply contracts and pay $4.8 million AUD.

Adani accused of deliberately ripping off taxpayers and laundering money while trading in cut and polished diamonds and gold jewellery

A special investigative unit of the Indian tax department (the Directorate of Revenue Intelligence) spent over a decade investigating Adani for laundering money and dodging $195 million AUD in taxes.

One of the more audacious alleged attempts to dodge taxes and hide the proceeds involved the trade of rough-cut diamonds and gold jewellery. Adani appears to have set up a complex web of front companies specifically to fleece Indian taxpayers by misusing various government export incentive schemes. Adani then attempted to hide its illicit profits by storing imported diamonds in a bond, then re-exporting them at artificially inflated prices.

The overwhelming weight of evidence collected by the Directorate of Revenue Intelligence was upheld in a civil court case, although it was later dismissed when the department actually tried to make Adani pay the money back.

“…it was pernicious and blatant misuse of the provisions of the Scheme…This Court…cannot come to the aid of such petitioners/exporters who, without making actual exports, play with the provisions of the Scheme and try to take undue advantage thereof.”

Adani’s assets lead to tax havens
AdaniFiles Tax Havens Money Laundering Black GreatGameIndia
Adani’s corporate structure is deliberately convoluted and opaque. There are 26 Adani subsidiaries registered in Australia, 13 of which are ultimately owned through the Cayman Islands.

The Carmichael rail line that Adani are seeking a $1 billion taxpayer loan for, is ultimately owned by an Adani entity operating out of the  Cayman Islands, a notorious tax haven. This presents a clear risk that public money will be siphoned offshore with no returns for the Australian taxpayer.

The ownership of the Abbot Point coal port is so shrouded in deception and confusion that it remains unclear who actually owns it.

There are massive discrepancies between what Adani says in India and what it says in Australia about the ownership structure of Abbot Point. But one thing is clear — Adani is lying to someone.

Accounts lodged in India have removed Abbot Point from a publicly listed Adani company and attributed ownership of the coal port to a private Singapore company, ultimately owned by an Adani family entity in the Cayman Islands. However, Australian financial accounts suggest the listed Indian company retains ownership of Abbot Point.

The absence of correct information about the ownership of Abbot Point may amount to misleading or deceptive conduct.

Dodgy financial statements

Adani’s most recent financial report lodged with ASIC did not disclose its immediate parent company and provided no detail about the actual or potential transfer of the ownership or control of Abbot Point from an Indian based Adani entity to one based in Singapore (also a known tax haven).

Deaths, illness and exploitation at Adani worksites

Exploiting workers in Gujarat

An explosive Fairfax Media investigation uncovered reports of serious exploitation of Adani’s workforce, including the (alleged) use of child labor and underpaid workers, during construction of a luxury housing project in Gujarat.

Read more here

Labourers were forced to live in makeshift houses with dirt floors, no running water, and no toilets. The sanitary conditions were so dismal that workers suffered several outbreaks of cholera from contaminated drinking water.

Adani’s workers were underpaid and overworked. Almost a quarter were paid less than the minimum wage of $4 a day, and some were not paid at all — Adani forcing them to wait for months to get paid, while they lived on a pathetic $9 a week ‘food allowance’.

A 12 year old boy said he was paid about $2.60 a day to carry water to the labourers for 12 hours a day, six days a week.

Adani avoided complying with state and federal laws by outsourcing their labour to multiple contractors.

Deaths in power plants

In 2016 a hot water pipeline burst at Adani’s coal fired power plant in Mundra, burning 21 workers. Seven of whom later died as a result of their injuries.
Read more here

There have been several reports of accidents and deaths at another Adani power plant in Tirora which suggest the safety standards are very lax. In September 2014 a worker was killed in a blast, and just a few months later another worker was killed after a structure collapsed while air-conditioning units were being installed.
Read more here

In 2012 another labourer was killed and two others critically injured after being trapped under falling pipes.
Read more here

Conclusion
This isn’t a company that has a chequered past, or a slightly blemished record. This is a company which has proven itself (allegedly) corrupt, destructive and deceitful to its core.

It has no regard for its own workers or the law, much less the environment or the local communities it works in. It operates with a vicious mentality where human or environmental damage are par for course.

The agreements and commitments it makes appear worthless. This is a company that doesn’t hesitate before breaking the law, contract conditions or moral boundaries in its reckless pursuit of profit.

Adani’s proven track record of (alleged) environmental destruction, human rights abuses, corruption and illegal dealings should sound a stern warning for any government looking to do business with Adani.

If you are interested in finding out more about which particular Adani entity is culpable for, or stands accused of, the various crimes detailed in this report, please click here to download a detailed legal research briefing from Environmental Justice Australia and Earthjustice.

The original report can be read here – The Adani Files

This article was first Published on GreatGameIndia.com
 

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Adani Group “seeks to change” Australian law to obtain Native Title nod for $16 billion Coal Mining project: W&J https://sabrangindia.in/adani-group-seeks-change-australian-law-obtain-native-title-nod-16-billion-coal-mining/ Wed, 15 Feb 2017 07:43:53 +0000 http://localhost/sabrangv4/2017/02/15/adani-group-seeks-change-australian-law-obtain-native-title-nod-16-billion-coal-mining/ The Wangan and Jagalingou (W&J) Traditional Owners Council, who have been fighting against one of the biggest coal mining projects of the world, said they would “resist industry push for amended Native Title Act to secure Carmichael mine proposal” and “seek court order to strike out" the move. This is against Adani's project off the […]

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The Wangan and Jagalingou (W&J) Traditional Owners Council, who have been fighting against one of the biggest coal mining projects of the world, said they would “resist industry push for amended Native Title Act to secure Carmichael mine proposal” and “seek court order to strike out" the move. This is against Adani's project off the Gold Coast of Australia. (https://envirojustice.org.au/sites/default/files/files/Submissions%20and%20reports/The_Adani_Brief_by_Environmental_Justice_Australia.pdf)

Adani Group

Spokesperson for W&J Adrian Burragubba said, “The document Adani is trying to pass off as an Indigenous Land Use Agreement (ILUA) with our people is illegitimate. We launched action last year to defeat this dodgy deal and we are now taking decisive action in the Federal Court to have this fake agreement struck out”.

Burragubba said, “We have put evidence before the National Native Title Tribunal to prove that Adani does not have an agreement with W&J for its mine of mass destruction, which will destroy our ancestral homelands and waters, the cultural landscape and our heritage.”

He added, “Three times we have rejected any deal with the Indian mining conglomerate. Now Adani are on the back foot and have run crying to the Queensland Resources Council and the Federal Attorney General, asking them to do their bidding by pushing through an ‘Adani amendment’ to the Native Title Act.”

Burragubba claimed, his organization has come to know about Adani's move to amend the law from former Federal Resources Minister Ian MacFarlane, who “boasted at a Townsville business breakfast last week that he has spoken to his ‘good mates in Canberra’ about amending native title law.”

He alleged, “This is just additional proof that the Turnbull government is in bed with the Indian billionaire Gautam Adani and the Queensland mining industry.”

Representing W&J, lawyer Colin Hardie said, “Adani and the mining industry are trying to manufacture a sense of crisis and appear desperate to force the Federal government to rush through changes to the Native Title Act to suit their interests.”

The Native Title Act requires all members the Registered Native Title Claimants (RNTC) to sign the ILUA, which is a voluntary agreement between a native title group and others about the use of land and waters, for any changes.

At a meeting of the indigenous group called by the industry group, said W&J, over “200 of those in attendance were people not previously identified as W&J people”, adding, worse, some members of the RNTC refused to sign the purported ILUA – the reason why the Adani is seeking to amend the Act.

Meanwhile, an Australian not-for-profit legal practice group based in Melbourne, Environmental Justice Australia (EJA), has come up with an Adani Brief, which it has forwarded to the Australian governments and potential financiers seeking to back Adani’s coalming project, saying such a move “may expose them to financial and reputational risks.”

Giving details of the Adani Brief, EJA lawyer and report author Ariane Wilkinson said, “The extremely concerning international track record of the Adani Group in India raises serious questions about whether they should be allowed to do business in Australia.”

The report, among other issues, focuses on sinking of a ship carrying Adani coal, which saw oil and coal spill off Mumbai’s coast, damaging tourism, polluting the marine environment and attracting a AU$975,000 court fine; and constructing Hajira Port without approval, destroying habitat, claiming land and blocking access to fishing communities, which resulted in a court order to pay AU$4.8 million for compensation and restoration.

 

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One question finance ministry needs to answer on Rs 1,000-crore tax evasion charge against Adani https://sabrangindia.in/one-question-finance-ministry-needs-answer-rs-1000-crore-tax-evasion-charge-against-adani/ Mon, 09 Jan 2017 07:31:13 +0000 http://localhost/sabrangv4/2017/01/09/one-question-finance-ministry-needs-answer-rs-1000-crore-tax-evasion-charge-against-adani/ Why does the government seem reticent about filing a review petition in the Supreme Court that could protect its revenue interests? Image credit:  Sam Panthaky/ AFP For more than a decade now, the Directorate of Revenue Intelligence has been investigating how a clutch of companies in the Adani Group led by Gautam Adani allegedly evaded […]

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Why does the government seem reticent about filing a review petition in the Supreme Court that could protect its revenue interests?

Adani
Image credit:  Sam Panthaky/ AFP

For more than a decade now, the Directorate of Revenue Intelligence has been investigating how a clutch of companies in the Adani Group led by Gautam Adani allegedly evaded taxes and laundered money while trading in cut and polished diamonds and gold jewellery. The Directorate, which is an investigative wing of the Department of Revenue in the Ministry of Finance, has issued a number of show-cause notices to firms in the group alleging evasion of taxes to the tune of roughly Rs 1,000 crore.

While the allegations against the Adani Group have meandered through various tribunals and courts of law, questions are being raised as to whether the Ministry of Finance is deliberately dragging its feet in moving a review petition before the Supreme Court that could safeguard its revenue interests. Four detailed questionnaires were sent by the Economic and Political Weekly to (i) Finance Minister Arun Jaitley and five of his senior officials; (ii) the Minister of State for Commerce and Industry Nirmala Sitharaman and the Director General of Foreign Trade; (iii) Law Minister Ravi Shankar Prasad; and (iv) Adani himself. These questionnaires were e-mailed and also sent by regular post on November 18, 2016. Whereas spokespersons of Adani and the law minister responded, Jaitley, Sitharaman and officials in their respective ministries did not answer the questions more than a month and a half after these were sent to them.

Here is the story in a nutshell. A set of firms in the Adani Group allegedly misused various export incentive schemes through a complex web of front companies located in different parts of the world. These shell companies, which indulged in high-velocity “circular trading” among related corporate entities, were also used to launder money, the Directorate has claimed. All the corporate entities were directly or indirectly controlled by, or associated with, Adani Enterprises Limited, a flagship firm of the Adani Group which was called Adani Exports Limited before 2007. The Directorate has alleged that AEL flagrantly misdeclared the freight on board values of cut and polished diamonds and gold jewellery.

The investigative agency has also claimed that group companies and their associates indulged in circular trading to “artificially” inflate exports and “fraudulently” avail of financial benefits from various export promotion schemes initiated by the Directorate General of Foreign Trade in the Ministry of Commerce and Industry. Such schemes included the Incremental Export Promotion Scheme introduced by the Directorate General in 2003-’04 under which came the Target Plus Scheme introduced in the Foreign Trade Policy 2004-’09. Responding to the EPW’s questionnaire, a spokesperson of the Adani Group denied these allegations. Copies of the various show-cause notices issued by the Directorate to group companies are with the EPW and material from these notices has been drawn for this article.

Misuse alleged

Among the different export promotion schemes initiated by the ministry, a particular scheme sought to provide certain corporate entities exporting goods or services called “trading houses” to avail of benefits that are proportionate to the quantum of exports achieved. Trading houses are ranked on the basis of their total annual exports and the highest exporters are designated “star trading houses.” For 2003-’04, the Directorate General announced a scheme called the Duty Free Credit Entitlement scheme.

Under the scheme, certain benefits were provided to trading houses recognised by the government as star trading houses or “status holders.” Specific exporters were recognised as status holders “on the basis of the FOB/NFE (net foreign exchange) value of goods and services … as well as on the basis of services rendered by the service provider during the preceding three licensing years or the preceding licensing year, at the option of the exporter”. Under the scheme, a status holder would receive financial benefits equal to 10% of the total incremental exports achieved in 2003-’04 over the exports in the previous financial year, that is, 2002-’03, provided the incremental growth was at least 25%.

AEL and its group/associate companies had earlier been exporting various commodities from foodgrain to textiles. The Adani Group had a relatively small export turnover of just over Rs 400 crore in 2002-’03. The Directorate has claimed that after the announcement of the scheme, AEL formed a consortium with different corporate entities to “artificially inflate” its exports to take advantage of the scheme. These five group companies were Hinduja Exports Private Limited, Aditya Corpex Private Limited, Bagadiya Brothers Private Limited, Jayant Agro Organics Limited and Midex Overseas Limited. It is further alleged that in addition to these five Indian companies, AEL directly and indirectly managed and controlled 45 overseas corporate entities.

In 2003-’04, the total export turnover of AEL suddenly jumped more than 11 times, to be precise, by 1,181%. The turnover of Hinduja Exports rose by as much as 160 times (16,624%), Adita Corpex’s by over 150 times (15,819%) while that of Midex Overseas rose more than seven times (765%) in these two years (see Table 1).

Source: https://indiankanoon.org/doc/1510260/
Source: https://indiankanoon.org/doc/1510260/

Besides the Duty Free Credit Entitlement scheme, other export promotion schemes that were introduced by the Directorate General included the Target Plus Scheme in September 2004 which offered incentives to status holders varying between 5% and 15% of the incremental growth in the turnover of exports (see Table 2). Initially, studded gold jewellery and cut and polished diamonds were permitted to be included while calculating the FOB figure and therefore, towards claiming incentives under the Target Plus Scheme.

Source: Directorate General of Foreign Trade
Source: Directorate General of Foreign Trade
 

Directorate General of Foreign Trade notifications

On March 31, 2007, the Directorate General of Foreign Trade issued a show-cause notice pointing out that there had been a sudden and unprecedented increase in the Adani Group’s export turnover of cut and polished diamonds, gold jewellery, rough diamonds and third party exports (all of which could be included at that time in calculating the figure of “incremental” growth of exports for availing benefits from the Directorate General) between 2003-’04 and 2004-’05. According to the notice, the bulk of these exports took place after September 2004 when the Target Plus Scheme was introduced.

The following year, the group’s exports came crashing down. In 2005’-06, the total exports of the Adani Group were barely a third of that achieved in the previous year. Exports of cut and polished diamonds and articles of gold came down sharply. Why? Simply because the benefits were withdrawn after the government realised that the export promotion schemes were being misused. As the ministry became aware of the misuse of the Incremental Export Promotion Scheme, some amendments were made to the Exim policy. In January 2004, the Directorate General issued a number of notifications clarifying that exports of precious metals in any form, including plain jewellery and rough, uncut and semi-polished diamonds and third-party exports would not be permitted for inclusion in calculating the FOB figure.

The amendments were opposed by AEL and other exporters. They contended that the notifications were seeking to withdraw benefits already given to exporters. On February 7, 2004, AEL filed a petition in the Gujarat High Court challenging the validity of the notifications issued on January 28 that year. On July 23, the court [in Adani Exports Limited v Union of India ruled against AEL and others upholding the validity of the notifications. AEL then filed a special leave petition in the Supreme Court. The Directorate General also filed a Special Leave Petition against the order of the high court. Appeals were also filed by other firms and the government in similar cases against the orders of various high courts – such appeals included ones filed by Kanak Exports, the Union of India and the Directorate General challenging an order of the Bombay High Court.

The Exim policy was later further amended (through notifications issued on February 23, 2005 and February 20, 2006) to exclude studded gold jewellery and certain categories of products (diamonds and other precious, semi-precious stones) from the list of items entitled to receive export benefits under the Target Plus Scheme.
 

Supreme Court findings

In October 2015, the Supreme Court upheld the appeals filed by the Directorate General and the Union of India, dismissing the appeals filed by others. It was pointed out that there had been a spectacular rise in the turnover of two firms, Rajesh Exports and Kanak Exports, between 2002’-’03 and 2003-’04 (Table 3).

Source:http://www.advocatekhoj.com/library/judgements/announcement.php?WID=6714
Source:http://www.advocatekhoj.com/library/judgements/announcement.php?WID=6714

The more than 2,000% rise in exports came entirely in the form of gold coins and jewellery. For Adani Exports, over 80% of its export turnover came from diamonds and supplies from status holders. In other words, the Adani Group would not have met the minimum turnover and growth criteria that had been laid down in the Exim policy and the amended Duty Free Credit Entitlement scheme (Table 4).

Source:http://www.advocatekhoj.com/library/judgements/announcement.php?WID=6714
Source:http://www.advocatekhoj.com/library/judgements/announcement.php?WID=6714

It is evident from Figure 1 that the export turnover of AEL rose sharply from Rs 377 crore in 2002-’03 to Rs 4,657 crore the following year and further to Rs 10,808 crore in 2004-’05. This sudden spurt in turnover occurred during the period AEL availed of benefits from the Duty Free Credit Entitlement scheme and the Target Plus Scheme. Subsequently, when in 2004 the Directorate General issued notifications clarifying that the particular items would not be eligible for export incentives under the Duty Free Credit Entitlement scheme (in 2004) and the Target Plus Scheme (in 2005 and 2006), AEL’s export turnover collapsed. The Supreme Court pertinently observed that there was a 1,135% surge in AEL’s exports during 2003-’04, whereas the company’s exports had declined in the preceding six years.

The division bench of the apex court comprising Justices AK Sikri and Rohinton F Nariman used very harsh language to highlight how the firms “misused” benefits by “fraudulently” inflating export turnover, citing “conclusive” evidence of how AEL increased its exports of rough diamonds despite the fact that India is not a rough diamond producing country. The order reads,

  “The same set of diamonds were rotating and these never entered the Indian domestic territory or to the end consumers abroad. The value of such exports in the past two years may exceed 15,000 crore … Many of these exporters exported to their own counterparts in Dubai and Sharjah. The jewellery attracted a 5% import duty at Dubai, the consignments were declared as jewellery in India but were declared as scrap in Dubai to avoid the import duty.”   
— (DGFT and Another vs Kanak Exports and Another, 2015)

Setting aside the direction of the Bombay High Court granting the exporters benefits of incentive schemes that had accrued in the past, the Supreme Court bench concluded,

It was pernicious and blatant misuse of the provisions of the Scheme and periscopic viewing thereof establishes the same. Thus, the impugned decision reflected in the notifications dated April 21 and 23, 2004, did not take away any vested right of these exporters and amendments were necessitated by over-whelming public interest/considerations to prevent the misuse of the Scheme. Therefore, we are of the opinion that even when (the) impugned Notification issued under Section 5 could not be retrospective in nature, such retrospectivity has not deprived the writ petitioners/ exporters of their right inasmuch as no right had accrued in favour of such persons under the scheme. This Court, or for that matter the High Court in exercise of its writ jurisdiction, cannot come to the aid of such petitioners/exporters who, without making actual exports, play with the provisions of the Scheme and try to take undue advantage thereof.
 

Directorate of Revenue Intelligence investigations

The network of the Adani Group is worth mapping. Adani Enterprises Limited (which was earlier Adani Exports Limited or AEL) is a public limited company in which Gautam Adani and his brothers Rajesh Adani and Vasant Adani are directors. With Samir Vora (Gautam Adani’s brother-in-law) at the helm of affairs, Adita Corpex and Hinduja Exports (partnership firms that were taken over by the Adani Group) played the role of the proverbial knights on the chessboard while Midex Overseas, Jayant Agro Organics and Bagadiya Brothers were the pawns. Background checks on these pawns conducted by the Directorate of Revenue Intelligence indicate that their main activities used to be exports of molasses, soybean, castor oil, rice and other agricultural products.

While Hinduja Exports entered into a memorandum of understanding with Jayant Agro Organics and Bagadiya Brothers, Adita Corpex signed one with Midex Overseas. The memorandum of understanding stated that the entire export-oriented operations in cut and polished diamonds was to be handled by Hinduja Exports and Adita Corpex in order to achieve the required increment in export turnover, thus enabling the Adani Group to obtain benefits under the Target Plus Scheme. Pursuant to these memorandum of understanding, Deven Mehta (director, Hinduja Exports) was appointed as the authorised signatory for Bagadiya Brothers and Jayant Agro Organics while Saurin Shah and Vishwas Shah (employees of AEL) were appointed as signatories for Midex Overseas. The alleged “collusion” among the firms and their representatives resulted in accrual of benefits to Hinduja Exports and Adita Corptex under the Target Plus Scheme and to the signatories of AEL who allegedly gained between 2% and 2.5 % of the FOB value in an unauthorised manner, the Directorate has claimed in its show-cause notice.

Source: Show-cause notice issued by the Directorate of Revenue Intelligence
Source: Show-cause notice issued by the Directorate of Revenue Intelligence

The Directorate has alleged that the import and export operations of all six companies were handled by Vora. The Directorate went on to claim that total exports of cut and polished diamonds by the Indian companies in the Adani Group in 2004-’05 were worth $1,643.02 million, out of which goods worth $1,314.19 million (or 79.98% of the total) were exported to eight specific companies situated in the United Arab Emirates, Hong Kong or Singapore. Similarly, during 2004-’05, out of the total imports worth $1,641.68 million, imports worth $1,304.13 million (79.44%) were from only seven companies in the countries mentioned. Similar patterns emerged for 2005-’06 as well. Two Hong Kong-based companies, Kwality Diamonds and Seven Stars and four UAE-based companies, Excel Global, Jewel Trade, Crown Diamonds and KVK Diamonds, acted as suppliers and buyers of the cut and polished diamonds to and from AEL and its group companies. In addition, eight companies – Wingate Trading, Sphere Trading, Global Enterprises, Top Rich (all in Hong Kong), Planica Exports Private Limited, Emperor Exports Private Limited, Gracious Exports Private Limited and Orchid Overseas Private Limited (in Singapore) – were all incorporated after September 2004 after the introduction of the Target Plus Scheme. Wingate Trading, Sphere Trading, Top Rich and PNJ Trading stopped their business activities in 2005. This, according to the Directorate, suggests a clear link between the way in which trading malpractices took place and the timing of the Directorate General notifications.

Further, the proprietor of three companies, namely, Wingate Trading, Sphere Trading and PNJ Trading, was one Nishaben Vijay Gandhi. While PNJ Trading exported cut and polished diamonds to Indian firms from Hong Kong, Wingate and Sphere imported cut and polished diamonds from the same set of Indian companies. These transactions took place among the firms at profit margins varying between 5% and 10% and would return full circle at a remarkable velocity. According to the Directorate, goods imported were often exported out of India on the same day. Theoretically, the same goods could have been exported more than 100 times in a year and in terms of the various slabs of incentives under the Target Plus Scheme, an unscrupulous exporter could have earned a phenomenal 1,500 for every 100 invested, the Directorate has calculated.

The story was no different in Singapore. There was a common set of five directors shared across AEL’s trading partners. Email messages reproduced in the Directorate’s show-cause notice that were retrieved by the Directorate of Forensic Sciences indicated that AEL controlled and managed its trading partners in Dubai, Hong Kong and Singapore.
 

Circular trading of studded gold jewellery

In 2009, the Directorate issued a fresh set of two show-cause notices alleging that AEL and its associate companies, Hinduja Exports, Adita Corpex and Midex Overseas, that had allegedly availed of extraordinary benefits under the Target Plus Scheme, also indulged in fraudulent “circular trading” by importing gold bars of 995 purity from the UAE and then exporting the goods in the form of crude studded gold jewellery purity back to the UAE. The jewellery was subsequently melted down and imported back to India in the form of gold bars to boost the group’s export turnover. What is remarkable is the rate at which these activities took place: between September 2004 and February 2005, the firms in the Adani Group exported over 59,500 kgs of what is supposed to be studded jewellery valued at over Rs 3,843 crore ($861.40 million).

The entire trading operations involving first, import of gold jewellery into the UAE and export of gold bars from the UAE; second, receipt of funds for the exports into accounts of dummy exporters of the gold bars; and finally, payments of funds from the accounts of dummy importers of studded gold jewellery, was controlled and managed by the employees of Adani Global FZE, Dubai, which is a subsidiary of Adani Exports and GA International. Adani Global FZE, Dubai is a company owned and managed by Vinod Shantilal Shah, also known as Vinod Shantilal Adani, the older brother of Gautam Adani.

Interestingly, these export orders comprised gold bangles weighing anywhere between 100g and 240g and pendants weighing over 70g each. Studded jewellery of such dimensions, using gold with 995 purity, is rare in the jewellery business due to the inability of pure gold to hold precious stones. This has been argued by the Directorate. The lengths of the production cycle and the export cycle of this jewellery were unbelievably short: more than 100 kg of the goods were manufactured within two to three days of the receipt of gold by the workers and the goods were then promptly exported. In particular instances, the export consignments each weighed as much as 500 kg, which is reportedly unusual. Moreover, the Indian firms charged an exorbitant 7% as “making charges” to artificially inflate the value of the goods exported, the Directorate has alleged.

The investigation also unearthed that Adani Global FZE had insured itself against the risk of storage and transport of the jewellery and gold bars. This insurance policy was bought from Oman Insurance Company, Dubai. The fact that Adani Global FZE obtained an insurance policy covering not only itself but other importers and exporters in these operations, which included the refinery where the gold scrap was melted down and converted into gold bars, speaks of the “dubious” nature of these transactions, the Directorate has alleged. At the time when Adani Global FZE bought the insurance policy, it had neither imported any gold jewellery nor exported gold bars. Further, after the Directorate General issued notifications amending the Exim policy in February 2005, the companies abruptly stopped exporting studded gold jewellery. The value of export incentives obtained by the Adani Group companies in this specific instance was more than Rs 575 crore ($130.68 million).
 

Duty Free Credit Entitlement scheme

Permission for setting up private or public bonded warehouses was obtained by AEL from the customs department in July 2003 after the introduction of the Incremental Promotion Scheme. This, in effect, meant that goods imported, stored, manipulated and exported from these warehouses would be exempt from payment of customs duty. In accordance with the Target Plus Scheme, AEL imported cut and polished diamonds and re-exported the same after value addition of 5%. This has been shown in the company’s books of accounts. The Adani Group firms obtained Duty Free Credit Entitlement certificates from the Directorate General and utilised these for importing gold and silver without paying duty, that is, by claiming exemption from payment of duty under the Incremental Export Promotion Scheme. In its application to the Directorate General, AEL also acknowledged that it did not take into account the re-export of imported goods while computing the value of exports.

The Directorate notice issued seeks to establish that exports of cut and polished diamonds made by AEL were squarely covered as re-export of imported cut and polished diamonds. Further, these imported gold bars, after conversion into 100g bars, were sold in the open market. Hence, the gold and silver bars imported without payment of duty under Duty Free Credit Entitlement scheme cannot be accounted as inputs for the cut and polished diamonds exported by AEL and would be liable for payment of customs duty. The Directorate has alleged that this was done intentionally in circumvention of the July 2004 order of the Gujarat High Court prohibiting the inclusion of gold exports in the Duty Free Credit Entitlement. This order of the Gujarat High Court was upheld by the Supreme Court in the case of Kanak Exports. The Directorate notice proposed confiscation of the seized 250 gold bars (of 1 kg each) imported by AEL and confiscation of around 25,000 kg of gold bars and 31,000 kg of silver bars together valued at more than Rs 4,000 crore.
 

Artificial value addition

There are a few thousand instances of circular trading that have been detailed in the Directorate’s notices. The firms claimed value addition of 5%-10% in their official books of account although all that was done was to sort, sieve and clean the diamonds by boiling them in water. Such activities do not involve great technical expertise and, if the Directorate is to be believed, raise doubts about the genuineness of the transactions that have been recorded. The imports and exports of diamonds took place in small dingy rooms measuring 10ft by 12ft inside the bonded warehouse where manufacturing activities are disallowed, the Directorate has alleged.

After the Directorate issued show-cause notices, in an adjudication order issued in January 2013, the commissioner of customs, import (Mumbai) held that:
(i) No processing was carried out by any of the six notices to achieve value addition of 5%-10%;
(ii) The notices have not shown how simple processes of boiling, sieving and assortment, if carried out, can result in value addition of 5%-10%;
(iii) The FOB value declared in the shipping bills by simply adding 5%-10% of the CIF (cost, insurance and freight) value is artificial and hence, the export value declared should be rejected under Section 14 of the Customs Act, 1962.

The commissioner then imposed a penalty of Rs 25 crore on AEL and penalties of Rs 2 crore each on the five other companies. Additionally, it imposed heavy penalties on the directors of all six companies, including Gautam Adani’s brother Rajesh Adani and brother-in-law Samir Vora. The commissioner upheld the charges made in the Directorate’s notices that tax benefits to the tune of Rs 1,000 crore had been fraudulently obtained by the Adani Group companies.

To recapitulate, the Directorate had from 2007 onwards alleged that the companies had misdeclared the FOB value of export goods in contravention of the Foreign Trade (Development and Regulation) Act, 1992 and Foreign Trade (Regulation) Rules, 1993; that the group through its directors had entered into a “conspiracy” with people and entities based in Singapore, Dubai and Hong Kong to undertake “dubious” imports and exports of diamonds to take undue benefits of the Target Plus Scheme; entered into MoUs with group companies for claiming incremental exports; misdeclared value addition of 5%-10% by assortment, boiling, sieving and repacking without any manufacturing/processing or change in the form of the cut and polished diamonds; and failed to declare details of commission payable in shipping bills. It was estimated that benefits worth Rs 679.62 crore were claimed by AEL and its associate companies in 2004-’05 and an additional Rs 218.16 crore were claimed in 2005-’06.
 

The reversal

A development then took place that shocked the Directorate. The order of the commissioner of customs was set aside by the Mumbai bench of the Customs, Excise and Service Tax Appellate Tribunal, Western Zone. By an order dated April 9, 2015, which was issued more than four months later on August 26 that year, tribunal members Anil Choudhary and PS Pruthi summarily dropped all the charges against the Adani Group. The tribunal chose to accept the FOB value declared by the companies and disagreed with the Directorate’s claim that there had been circular trading. The tribunal disagreed with the commissioner that “no process” had been carried out in the bonded warehouse since the diamonds were sorted, sieved and boiled. It disagreed with the commissioner that these “processes” could not have added value to the extent of 5%. The tribunal was of the view that the “transaction values” of the cut and polished diamonds were “genuine” and that foreign exchange had been “fully realised” through the sales proceeds. The allegedly fraudulent intentions with which the value of exports were misdeclared and artificially inflated as well as the claims of circular trading were all effectively ignored by the tribunal.

The tribunal ignored the evidence that the Directorate had adduced to its show-cause notices to indicate circular trading. One such piece of evidence was an email exchange between different employees of group companies, including Adani Global. The first names of these employees were Asha, Mary, Rakesh, Tejal and another employee was SM Shah. According to the Directorate, these email exchanges indicate that the same set of diamonds would be imported, exported, imported again and re-exported from and to India, Dubai and Singapore in a cyclical manner.

The tribunal also chose to ignore a letter dated May 26, 2015, written by the Additional Directorate General of Foreign Trade to the joint secretary (drawback), Central Board of Excise and Customs in the Finance Ministry which stated,

“There are cases of circular trading and many other types of mischief reported under the Target Plus Scheme … Such petitioners do not become eligible for such shipping bill claims as per the judgment of the Supreme Court. So, any claims arising on account of such shipping bills may be disallowed. Therefore, (the) Department of Revenue and (the) DRI [Directorate of Revenue Intelligence] are requested to give the complete list of exporters along with details of Shipping Bills who have misused under both the schemes. (the Duty Free Credit Entitlement and/or the Target Plus Scheme.)  
 

Officials in the Income Tax Department and the Enforcement Directorate (who spoke to the lead author of this article on the condition that they would not be identified) said that no investigations had been conducted nor action initiated by their respective departments. A senior customs officer based in Mundra port (through which many of the consignments of diamonds were imported and exported and which is part of the Adani Group) said a number of disputes relating to alleged misuse of export benefits were pending with the Directorate General. “The Adani cases are among the many hundred revenue-sensitive matters on which DGFT [Directorate General of Foreign Trade] has not taken a decision and this is because there is no audit of, or accountability in, the proceedings of the DGFT,” said this person.

A senior official of Directorate General, who too spoke to the lead author of this article on the condition of anonymity, explained,

 “The best course of action will be to ensure that no benefits are given under the TPS [Target Plus Scheme] and the benefits that have already been availed of under the DFCE [Duty Free Credit Entitlement] scheme (for exports in 2003-’04) be declared void ab initio. Since the exports of CPD [cut and polished diamonds] have been held to be fraudulent by the Supreme Court in the Kank Exports case, the benefits under the DFCE already issued to AEL should also be disentitled. It is unfortunate that there are no clear guidelines for expeditious action in such cases of fraud.”  
 

A systemic problem

On March 31, 2016, the Reserve Bank of India relaxed the rules applicable to importers of rough cut and polished diamonds. It permitted banks to approve a “clean credit” facility extended by foreign suppliers to Indian importers of cut and polished diamonds beyond the stipulated 180-day period. Clean credit refers to the credit facility extended by foreign suppliers to Indian importers without imposing the requirement of the need to furnish a letter of credit or a fixed deposit to serve as an underlying guarantee.

While it is contended that this move is intended to ease operational difficulties faced by importers, experts monitoring the diamonds trade suggest that this could be an invitation to fresh trouble. One such person said that these provisions can be easily abused by importers to launder money, that it is quite easy to create an offshore corporate entity that could import goods from an Indian exporter and delay remittances, or worse still, default on payment. This expert apprehended that such malpractices could undermine the financial positions of banks. On one side, the trading firm’s books of accounts would show higher receivables as a part of its balance sheet which may serve as a premise to obtain more credit from Indian banks even as the unscrupulous trader would by then have encashed the proceeds from the sale of the diamonds in, say, Hong Kong, to move the assets out of India.

The systemic nature of such fraud is worth noting. A report by the Financial Action Task Force, released in October 2013, titled “Money Laundering and Terrorist Financing through Trade In Diamonds” stated that India, which accounts for more than 90% of the total business of cut and polished diamonds in the world, has seen instances of companies grossly overvaluing the goods they exported. The report explained how such activities are conducted and operationalised to transfer sums of foreign exchange outside India, giving examples of diamonds round-tripping back to India at inflated prices.

In its judgment in the Kanak Exports case, the Supreme Court highlighted another instance of mis-utilisation of export incentives relating to Reliance Industries Limited and its group company IPCL (formerly India Petrochemicals Corporation Limited). The Court said that RIL and IPCL “manipulated” export turnover to maximise export benefit entitlements under the Duty Free Credit Entitlement scheme and the Target Plus Scheme. It held that IPCL had artificially inflated its export performance in 2003–04 and was hence not eligible for benefits under the Duty Free Credit Entitlement scheme. The Court observed that goods worth Rs 2,127.18 crore manufactured by RIL were exported in the name of its group company IPCL to claim extra benefits under the Duty Free Credit Entitlement scheme. A Directorate report had earlier stated that RIL lowered its export turnover for 2003-’04 by a similar amount to show that it had achieved a rate of growth of exports above 100% (between 2003-’04 and 2004-’0P) to claim Target Plus Scheme benefits at the rate of 15%. The Supreme Court upheld the Directorate’s contention in this instance.
 

Conclusions

The Directorate filed an appeal against the tribunal order in the Supreme Court which was disposed of on April 12, 2016. The Ministry of Finance now has to file a review petition against this decision. The question that remains unanswered: what has dissuaded the ministry from filing this review petition even though more than nine months have gone by?

According to a Delhi-based lawyer familiar with the case who (like the others) spoke to EPW on condition of anonymity, “The entire argument of the Directorate is premised on a Directorate General notification which was upheld by the Supreme Court in 2015 in the Kanak Exports judgment.” The advocate added that this case is of great significance since it is first relating to circular trading which has reached the doors of the country’s apex court. He said that if the Revenue Department fails to convince the Supreme Court about its case against the Adani Group through its review petition, the “consequences could well be disastrous for the government as this could affect all circular trading cases that are in the pipeline”.

A questionnaire was sent by EPW to Ravi Shankar Prasad, Union Minister of Law and Justice, seeking to enquire if his ministry would recommend a review of the Supreme Court’s decision on the Directorate’s appeal against the tribunal order. A response came from Saurabh Kumar, Additional Private Secretary to the minister, who said the questions should be sent to the Finance Ministry and the MCI.

As already stated, a detailed questionnaire sent on November 18, 2016, to Finance Minister Arun Jaitley, copies of which were marked to the revenue secretary, the chairman, Central Board of Excise and Customs, the chairman, Central Board of Direct Taxes, the director, Enforcement Directorate and the Director General, Directorate of Revenue Intelligence, got no responses. On the same day, another questionnaire was sent to Minister of State for Industry and Commerce Nirmala Sitharaman and the director general, Foreign Trade, which also went unanswered.

In response to the EPW questionnaire, Jatin Jalundhwala, Chief Legal Officer for the Adani Group stated that the tribunal had dealt with all the allegations made by the Directorate, including those relating to circular trading and the relationships with overseas buyers and suppliers, and had set these aside. He stated that the tribunal had held that all the exports and imports of cut and polished diamonds by the Adani Group were “genuine” and “thus, (the) FOB value of CPD [cut and polished diamonds] exported cannot be re-determined.” Jalundhwala added that the Supreme Court by dismissing the appeal filed by the Customs Department also “affirmed the validity/genuineness of transactions of imports and exports …”

Reference: Financial Action Task Force (2013): “Money Laundering and Terrorist Financing through Trade in Diamonds,” FATF Report, Oct.

This article was first published on Scroll.in

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Mukul Sangma accuses PM Modi of being ‘brand ambassador’ of corporate houses https://sabrangindia.in/mukul-sangma-accuses-pm-modi-being-brand-ambassador-corporate-houses/ Thu, 15 Dec 2016 07:43:12 +0000 http://localhost/sabrangv4/2016/12/15/mukul-sangma-accuses-pm-modi-being-brand-ambassador-corporate-houses/ Meghalaya chief minister Mukul Sangma on Wednesday accused Prime Minister Narendra Modi of being a “brand ambassador” of corporate houses promoting their businesses through the demonetization exercise. “I have analysed it (demonetization) and I have seen that the main agenda of this government and the Prime Minister is not to fight corruption or black money […]

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Meghalaya chief minister Mukul Sangma on Wednesday accused Prime Minister Narendra Modi of being a “brand ambassador” of corporate houses promoting their businesses through the demonetization exercise.

Mukul Sangma

“I have analysed it (demonetization) and I have seen that the main agenda of this government and the Prime Minister is not to fight corruption or black money or so-called funding of terrorist organisation. The whole agenda now seems to be in promoting some particular business benefiting some limited corporate houses,” Sangma told reporters here.

 

“I have not seen anybody in the world where a Prime Minister starts acting as a brand ambassador for products monopolised by a few corporate houses,” he said, referring to Modi for being part of advertisements of some private companies, which he did not name.

“This is something which is not in sync with the rhetoric.

What you see today is he (Modi) was in a hurry to please those business houses and this is how I can interpret,” Sangma said.

The Chief Minister criticised the demonetization move saying it had “completely dislocated the whole momentum of economic activities at all levels. This (demonetization) has been done without due diligence and the worst hit are the marginalised farmers.”

“They (farmers) are not finding buyers because cash is not there. There is a short circulation of cash. With the Rs 2,000 notes, both the buyer and seller are equally helpless,” he added.

Courtesy: Janta Ka Reporter

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अडाणी की कंपनियों को दिए गए कर्ज का खुलासा करने से केंद्रीय सूचना आयोग ने किया इनकार https://sabrangindia.in/adaanai-kai-kanpanaiyaon-kao-daie-gae-karaja-kaa-khaulaasaa-karanae-sae-kaendaraiya/ Mon, 28 Nov 2016 06:35:27 +0000 http://localhost/sabrangv4/2016/11/28/adaanai-kai-kanpanaiyaon-kao-daie-gae-karaja-kaa-khaulaasaa-karanae-sae-kaendaraiya/ केंद्रीय सूचना आयोग (सीआईसी) ने कहा है कि उद्योगपति गौतम अडाणी द्वारा प्रवर्तित कंपनियों को दिए गए कर्ज से जुड़े रिकॉर्ड का खुलासा नहीं किया जा सकता है क्योंकि भारतीय स्टेट बैंक ने संबंधित सूचनाओं को अमानत के तौर पर रखा है और इसमें वाणिज्यिक भरोसा जुड़ा है। रमेश रणछोड़दास जोशी की याचिका पर आयोग […]

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केंद्रीय सूचना आयोग (सीआईसी) ने कहा है कि उद्योगपति गौतम अडाणी द्वारा प्रवर्तित कंपनियों को दिए गए कर्ज से जुड़े रिकॉर्ड का खुलासा नहीं किया जा सकता है क्योंकि भारतीय स्टेट बैंक ने संबंधित सूचनाओं को अमानत के तौर पर रखा है और इसमें वाणिज्यिक भरोसा जुड़ा है।

रमेश रणछोड़दास जोशी की याचिका पर आयोग ने यह आदेश दिया। जोशी यह जानना चाहते थे कि गौतम अडाणी समूह को किस आधार पर बड़ी मात्रा में कर्ज दिए गए. उन्होंने इस बारे में साक्ष्य भी मांगे थे कि क्या कर्ज ऑस्ट्रेलिया में कोयला खानों से संबंधित था।

अडाणी

 

सूचना आयुक्त मंजुला पराशर ने आदेश में कहा, “सीपीआईओ अपीलकर्ता को सूचित करता है कि मांगी गई सूचना वाणिज्यिक सूचना है और तीसरे पक्ष के भरोसे के आधार पर इसे रखा हुआ है।

इसीलिए इसे उपलब्ध नहीं कराया जा सकता है और आरटीआई कानून की धारा आठ (1) (डी) (वाणिज्यिक विश्वास) और (ई) (अमानत के तौर पर पड़ी चीज संबंधी प्रावधान) के तहत सूचना देने से इनकार किया जाता है।”

भाषा की खबर के अनुसार, भारतीय स्टेट बैंक के केंद्रीय जन-सूचना अधिकारी (सीपीआईओ) ने दावा किया कि जोशी ने अपने आरटीआई आवेदन में यह जिक्र नहीं किया कि यह मामला बड़े जन हित का है।

आरटीआई कानून के तहत वैसी सूचना जिसे खुलासे से छूट प्राप्त है, उसका खुलासा किया जा सकता है बशर्ते उसमें कोई बड़े पैमाने पर जनहित जुड़ा हो।

Courtesy: Janta Ka Reporter
 

The post अडाणी की कंपनियों को दिए गए कर्ज का खुलासा करने से केंद्रीय सूचना आयोग ने किया इनकार appeared first on SabrangIndia.

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BJP MLA का बड़ा खुलासा: PM मोदी ने अंबानी-अडानी को दे दी थी नोटबंदी की जानकारी https://sabrangindia.in/bjp-mla-kaa-badaa-khaulaasaa-pm-maodai-nae-anbaanai-adaanai-kao-dae-dai-thai-naotabandai/ Thu, 17 Nov 2016 07:21:14 +0000 http://localhost/sabrangv4/2016/11/17/bjp-mla-kaa-badaa-khaulaasaa-pm-maodai-nae-anbaanai-adaanai-kao-dae-dai-thai-naotabandai/ कोटा। प्रधानमंत्री नरेंद्र मोदी ने आठ नवंबर को 500 और 1000 के नोटों को रात 12 बजे से बंद करने की घोषणा की थी। बड़े नोटों के बंद होने से आम जनता को नकद पैसे की किल्लत का सामना करना पड़ रहा है। देश के विभिन्न हिस्सों में बैंकों और एटीएम के सामने लोगों की […]

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कोटा। प्रधानमंत्री नरेंद्र मोदी ने आठ नवंबर को 500 और 1000 के नोटों को रात 12 बजे से बंद करने की घोषणा की थी। बड़े नोटों के बंद होने से आम जनता को नकद पैसे की किल्लत का सामना करना पड़ रहा है। देश के विभिन्न हिस्सों में बैंकों और एटीएम के सामने लोगों की लंबी कतारे देखी जा रही हैं। आम लोगों पैसे पाने के लिए को कई घंटों तक लाइन में लगना पड़ रहा है। जिसके बाद विपक्ष मोदी सरकार पर हमलावर है। 

Bhavani Singh BJP MLA

विपक्ष के बाद अब बीजेपी के नेता भी मोदी सरकार पर हमलावर हो गए हैं। बयानों से चर्चा में रहने वाले राजस्थान के कोटा जिले के बीजेपी विधायक भवानी सिंह राजावत ने नोटबंदी पर अपनी ही पार्टी को कटघरे में खड़ा कर दिया है। बुधवार को भवानी सिंह राजावत का एक वीडियो वायरल हुआ है। इस वायरल हुए वीडियो में राजावत मोदी सरकार के नोटबंदी पर सवाल उठा रहे हैं। राजावत कह रहे हैं, "अंबानी-अडानी को नोटबंदी के बारे में पहले से ही पता था। इनको हिंट दे दी गई थी और इसके बाद उन्होंने अपना काम कर लिया।"
 
भवानी सिंह राजावत ने कथित तौर पर कहा है कि अंबानी और अडानी को 500 और 1000 के नोट बंद किए जाने के बारे में पहले से पता था। बुधवार को इंटरनेट पर रिलीज किए गए इस वीडियो में बीजेपी विधायक कथित तौर पर ऐसा कहते दिख रहे हैं। 
 
यही नहीं नए नोटों की क्वालिटी के बारे में अपनी राय रखते हुए वीडियो में राजावत कह रहे हैं, "नए नोट की क्वालिटी थर्ड क्लास है, छूते ही लगता है कि नकली है। देश की आबादी के अनुपात में करंसी प्रिंट कराते, उसके बाद में कुछ करते। एक साथ पेट्रोल पंप की कीमतों की तरह कह दिया कि आज रात 12 बजे से 500-1000 के नोट बंद कर दिए जाएंगे। इसको ठहरकर कर सकते थे, एक महीने बाद हो जाएगा, 15 दिन बाद हो जाएगा, पहले यह होगा, फिर यह होगा।" 
 
आपको बता दें यह वीडियो 33 सकेंड का है जिसमें विधायक बोलते नजर आ रहे हैं कि नए नोट की क्वालिटी थर्ड क्लास की है, लेते ही लगता है नोट नकली है। इसके बाद राजावत ने सफाई देते हुए कहा कि मैंने ऐसा कोई बयान नहीं दिया। वीडियो में कांट-छांट की गई है। यह सब एक षड्यंत्र के तहत किया गया है।

Courtesy: National Dastak

The post BJP MLA का बड़ा खुलासा: PM मोदी ने अंबानी-अडानी को दे दी थी नोटबंदी की जानकारी appeared first on SabrangIndia.

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Real Reason Why Modi Govt Carried out Surgical Strike on Your Pockets https://sabrangindia.in/real-reason-why-modi-govt-carried-out-surgical-strike-your-pockets/ Fri, 11 Nov 2016 13:56:16 +0000 http://localhost/sabrangv4/2016/11/11/real-reason-why-modi-govt-carried-out-surgical-strike-your-pockets/ The media is hailing Modi’s demonetization of old Rs 500 and Rs 1000 note as a masterstroke policy on curbing the menace of black money. Really?? Hmmmm. Let’s have a look into few figures; What if I told you that total Bad Loans of Indian Banks right now is close to Rs. 6,00,000 crore. What if I […]

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The media is hailing Modi’s demonetization of old Rs 500 and Rs 1000 note as a masterstroke policy on curbing the menace of black money.

Really?? Hmmmm.

Let’s have a look into few figures;

What if I told you that total Bad Loans of Indian Banks right now is close to Rs. 6,00,000 crore. What if I told you that PSU Banks are in a miserable condition right now, and need immediate infusion of money to shore up their lending capacities.

black money

What if I also told you that few weeks ago, credit rating agency Moody’s had stated that Indian banks required Rs. 1.25 lakh crore capital infusion? What if I told you that in July 2016 the Centre injected 23,000 crore into 13 public sector banks. What if I told you that Finance Minister Arun Jaitley said it in 2015 that the Centre would pump in more than 70,000 crore in PSU banks in coming four years.

And..What if I told you that this demonetisation is nothing but a measure to infuse money in those ailing banks so as to shore up their lending capacities?

Can’t you see people queuing up banks to deposit their hard earned money, waiting hours for their turn?

What other “Masterstroke” would have made this possible?

Just trigger the panic button by stating that your old Rs 500 and Rs 1000 currency is no longer a valid legal tender, and Voila!!! People are queuing up since morning to deposit their hard earned money.

What for? To curb the menace of black money? By bringing in new Rs. 2000 note?

You don’t curb black money by bringing in notes of higher denomination. In fact, you are now simplifying hoarding of black money by bringing in new notes of higher denomination.

Ok. So what would banks do with the fresh infusion of money from public pockets? Lend of course. That’s what their business is. And to whom would these banks then lend their money to?

You? Me?

Indeed, very sweet of you.

You are in the deposit queue dear.

Those in withdrawal queues are these privileged or shall I say chosen ones: (Note: the figures in bracket are their present repayable amount which they owe to various banks)

10. GVK Reddy (GVK Group) (33933 Crores)
9. Venugopal Dhoot (Videocon Group) (45405 Crores)
8. L. Madhusoodan Rao (Lanco Group) (47102 Crores)
7. G M Rao (GMR Group) (47976 Crores)
6. Sajjan Jindal (JSW Group) (58171 Crores)
5. Manoj Gour (Jaypee Group) (75163 Crores)
4. Goutam Adani (Adani Group) (96031 Crores)
3. Shashi Ruia & Ravi Ruia (Essar Group) (1,01000 Crores or Rs 1.01 trillion)
2. Anil Aggarwal (The Vedanta Group) (1,03000 Crores or 1.03 trillion)
And finally
1. Anil Ambani (Reliance Group)(125000 Crores or Rs 1.25 trillion)

The government just carried out a surgical strike on your pockets, and now you are running like chickens. That’s how crony capitalism works.
Now call me whatever you like- Marxist, Communist, Anarchist, Congi agent, conspiracy theorist blah blah blah.

Courtesy: Janata ka Reporter

(The views expressed here are solely the author’s own. The facts and opinions appearing in the article do not reflect the views of Janta Ka Reporter and Janta Ka Reporter does not assume any responsibility or liability for the same)

 

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