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SUCHETA DALAL ON:

MALLYA EXTRADITION: SEBI SCUTTLES NEED TO


GET ALL THE FACTS REPORT LOAN DEFAULTS
Personal Finance Magazine 13 October-26 October 2017 Rs 45

Pages 68 (SUBSCRIBER COPY NOT FOR RESALE) www.moneylife.in

Ensure Your Assets

Dont Fall Under

The Benami Act


Will your gift to parents or siblings be considered a benami transaction?
Can you invest in the name of your spouse or children? What about
transfer of money by NRIs to parents/relatives? Mare sure you don't
create benami assets unknowingly

STOCKS

Shemaroo Entertainment KNR Constructions Market Manipulation: Antarctica

Cover Page_304.indd 1 11-10-2017 10:37:29


Advertisements.indd 5 05-10-2017 21:01:17
Advertisements.indd 3 02-10-2017 12:48:45
ISSUE CONTENTS
13-26 Oct 2017

Beware of the Benami Act

I nvestment of unaccounted money into


benami property is well-known. But benami
no longer applies only to property. Even
financial accounts can be deemed benami. In
simple terms, a financial asset may be benami
if the person who makes the investment does
not have his/her own name on the asset, at
least as a joint-holder, for varying reasons
including hiding of unaccounted money,
evading taxes in India or a foreign country
and so on. Raj Pradhan looked at the Benami
Transactions (Prohibition) Amended Act,
2016, and explains how you can avoid

32 Cover Story
creating benami assets unknowingly. The Act
has hefty penalties and rigorous imprisonment.
The government has already cracked the
whip and attached assets worth crores of
rupees. There is a thin dividing line between a Ensure Your Assets Dont Fall under the
transaction being deemed a benami or genuine. Benami Act
Vijay Mallya got arrested in UK and was The Benami Transactions Amended Act can be a pain even for
those who may not have any unaccounted wealth. Raj Pradhan
released on bail. Sucheta points out, in her describes ways in which you may inadvertently create a benami
Crosshairs column, that Indian investigation asset. How can you ensure that you do not cross the fine line
agencies will succeed in getting Mr Mallya which can jeopardise your asset? Will your gift to parents or
extradited only if they present an ironclad siblings be considered a benami transaction?
case. Industrialists in the dock have routinely
influenced investigation agencies to present
weak cases. Shockingly, in Mr Mallyas case,
Indian regulators have sat on evidence shared
12 Public Interest
Regulation of Retirement Homes under Consideration
by UK regulators a few years back. On Jan-Dhan Accounts: Who Do They Serve?
4th August, Securities and Exchange Board
of India (SEBI) issued a circular making it
mandatory for companies to report any lapse
on payment of interest or principal to their
16 Your Money
NCDRC Asks Unitech To Refund Rs41 Lakh to
lenders from 1st October onwards. Suddenly, Home-buyer
on 29th September, SEBI suspended this move. TATA AIG General Insurance Directed To Pay Car
Theft Insurance Claim of Rs5.22 Lakh
Sucheta points out, in her Different Strokes DSP BlackRock Launches Equal-Weight Nifty50 Scheme
column, that this shockingly anti-investor Roadside Parking in Specific Residential Areas in Delhi
decision comes after a series of missteps by the Will Be Paid Parking
present government that has put businesses Real Estate Developer AN Buildwells Director Arrested
and consumers alike under severe pressure. Piramal Finance Enters into Housing Finance Segment
SBI Waives Account Closing Fees
There is a disconnect between the current Government Has Decided To Audit Aadhaar Enrolment
tepid economic growth and strong bull market. Centres
What should investors do in such a situation?
Bala explains what he himself would do. A lot
of investors, I think, would find that his is the
right path. As always, do write in with your
views including what you would like us to
17 MONEYLIFE

QUIZ
cover.
Disclaimer: Moneylife has a policy of not allowing its editorial staff to
Debashis Basu buy and sell stocks that are written about in the magazine. All personal
transactions in individual stocks are subjected to internal disclosure rules.
MONEYLIFE | 13-26 Oct 2017 | 4

Content.indd 2 06-10-2017 17:46:49


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CONTENTS
20 FUND FACTS TAX HELPLINE

25 Best 52 Queries
Will Venal Indian Regulators
Save Vijay Mallya from & Worst Mutual at Moneylife
Extradition? Fund Schemes Foundations Tax Helpline
PULSE BEAT

22 Different Strokes
Going Easy on Loan
INSURANCE

56 Weight Loss
Defaulters: What Is behind
the SEBI Move? 30 Insurance
Trends
from Black
Tea?
Accident Insurance Get Lean, Cure Diabetes
Motor Accident Death Worth Less
FUND POINTERS than Rs10 Lakh?
Health Insurance LEGALLY SPEAKING
Mediclaim Renewal Notice Not

24 Mutual Funds May


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Mandated Is an Issue
Heart-related Claims Data from
ICICI Lombard and SBI General 58 Reputation
No
Fine Print
Guarantee
xSTOCKS
TAX / FIXED INCOME TECHNOLOGY

26 Smart Money
Investing during
Economic
48 Perils of Claiming
Wrongful I-T Deduction 60 IsLeaks
Protection from Data
Possible?
Sluggishness G-Sec Yields Up

40 Stock Watch
Shemaroo Entertainment: Is Old, CYBER SECURITY
Really Gold in the Digital Age?

50 Rise
India
of Revenge Porn in
PS

xUSEFUL APPS
66 End This Obsequious
Protocol Now!
KNR Constructions: Will
Growth Accelerate?
54 Mumbai T2 App:
A Must for All Air Is Blue Whale for Real?
Travellers from
Mumbai
HERE WeGo:
Offline Maps &
GPS

Android Auto: A Great


eat
Market Manipulation: Tool When You Are
Antarctica on the Road
DEPARTMENTS
Market Trend: Managing the Share Your Location Readers Response ........... 8
Mood through WhatsApp Book Review ....................62
Money Facts ....................64

Content.indd 4 06-10-2017 17:54:40


Black Money
& Tax Havens
Dr Subramaniam Swamy
to release the book by
Prof R Vaidyanathan

Date: Friday, 27 October 2017 | Time: 6pm to 8pm

Just how much black money is there in India? Estimates


vary from 10% to 20% of our GDP. Conservatively,
Rs15 lakh crore (10% of Rs150 lakh crore, our GDP in
2016-17).

And what would be the amount of Indian money in


tax havens around the world?
Around Rs65 lakh crore. Truly astounding figures!

Come and hear Dr Swamy and Prof Vaidyanathan, two of


the distinguished authorities on analysis of black money.

Register online at moneylife.in/event/179.html

Venue: BSE International Convention Hall,


1st Floor, PJ Towers, Dalal Street, Fort, Mumbai 400001
RSVP : Shilpa at 022-49205000 or email foundation@moneylife.in or Call/SMS/ WhatsApp on
+91-7045156415 (Please give your name, email ID & contact number)

Supported by

Black Money Book Ad.indd 1 06-10-2017 18:20:22


Volume 12, Issue 18
13 October26 October 2017

Debashis Basu
Editor & Publisher
editor@moneylife.in

Sucheta Dalal
Managing Editor
sucheta@moneylife.in

Editorial Consultant
Dr Nita Mukherjee
nitamuk@gmail.com

Editorial, Advertisement,
Circulation & Subscription Office
315, 3rd Floor, Hind Service Industries
Premises, Off Veer Savarkar Marg, Shivaji
Park, Dadar (W), Mumbai - 400 028 MIDDLE-CLASS VOTES DO NOT
Tel: 022 49205000 COUNT
Fax: 022 49205022
E-mail: mail@moneylife.in This is with regard to What Is the Opposite
of Achche Din? Will the BJP Course-correct?
(Moneylife, 29 September-12 October 2017) by
E-mail: Sucheta Dalal. Politicians can go to any extent
sales@moneylife.in Mutual Fund investments
Subscription e-mail to retain power. Everything is fair in love, war are subject to market risks,
read all scheme related
subscribe@moneylife.in and politics. To serve the country is no longer documents carefully.
the motive of politicians. In politics, showing big
dreams to the voters is called vote-bank politics.
New Delhi
DDA Flats, J-3/66, Kalkaji, Nothing is done for the common man, especially
New Delhi - 110 019 the middle-class. Knowing pretty well that middle- Write to
class votes do not count for winning elections, all the Editor!

Bengaluru
politicians play a game against the middle-class
without any fear.
WIN
a prize
1st Floor, 13/1, 7th Main Road,
1st Cross, Saibabanagar, Srirampuram, Mahesh Kumar, by email
Bengaluru - 560 021

ABANDON USE OF AADHAAR CARD?


Kolkata This is with regard to the Your Money news item
395, Lake Gardens, Kolkata - 700 045 Driving licence, vehicle registration to require
Tel: 033 2422 1173/4064 4318
Aadhaar (Moneylife, 29 September-12 October
2017). There is no second opinion that the
Moneylife is printed and published by UIDAI (Unique Identification Authority of
Debashis Basu on behalf of India) evades various privacy policies that all
Moneywise Media Pvt Ltd and
published at 315, 3rd Floor, citizens are entitled to, though the Supreme
Hind Service Industries Premises, Court has decided that reasonable restrictions
Off Veer Savarkar Marg, Shivaji Park,
Dadar (W), Mumbai - 400 028 in public interest can be allowed on privacy matters.
Editor: Debashis Basu
Such reasonability is always questionable. This kind of prproof
ooff is vvalid
proo a id
al
only for criminal activities of serious nature like murder, etc. But, in
no way, can it be for the filing of income-tax returns. Some good, sane
thinking must prevail with persons who are behind Aadhaar, making it
Total no of pages - 68, Including Covers almost compulsory in every step of life. The most important fact is that
Aadhaar details can be hacked very easily. With changed technology,
Aadhaar card will never be a fool-proof enough to prevent its misuse.
RNI No: MAHENG/2006/16653

MONEYLIFE | 1326 Oct 2017 | 8

Letters.indd 2 02-10-2017 16:57:47


+

Moneylife Foundation AD.indd 1 26-07-2017 11:09:05


LETTERS

Ourselves To Blame?
the
Best
letter
T his is with regard to 4 Schemes, Same Fund House,
Same Returns! (Moneylife, 28 September-12 October
2017). The article only reminds us of the principle of KISS:
Mutual Fund investments
Keep it simple, stupid. are subject to market risks,
read all scheme related
The KISS principle states that most systems work best documents carefully.
if they are kept simple rather than made complicated;
therefore, simplicity should be a key goal in all our daily
activities (living, habits, investments, etc) and all unnecessary Congratulations
complexity should be avoided. KISS is also an acronym for: Sunil Rebello
Keep it simple, silly, keep it short and simple, keep it simple and
straightforward and keep it small and simple. We have to avoid all extra clutter
YOU WIN A
PERSONALISED
(also extra noise) in our daily lives. CLOCK
Investments are mainly on the principle of RISK & REWARD. But if we are
more greedy than fearful, we have only ourselves to blame.
Sunil Rebello, online comment

In the larger interest of the country, it is better that the Of course, this is not
use of Aadhaar card be abandoned. to say that everything Sunil Rebello

M Kumar, by email has been executed


to perfection. The
EXCESSIVE MEDIA PESSIMISM? timing was, probably,
This is with regard to the article What Is the Opposite driven by political
of Achche Din? Will the BJP Course-correct? expediencythe
(Moneylife, 29 September-12 October 2017) by Sucheta earlier the better, giving more time for things to settle
Dalal. The recent bout of negativity has emerged after down. Complaints such as software glitches could have
the announcement of the GDP growth numbers and the been avoided. But these are minor issues in the larger
realisation that the next quarters may be even worse scheme of things and will get resolved eventually. If the
on account of transition to GST (Goods and Service government was not fully prepared, it is equally true
Tax). I would focus my reply only on the GST. that many businesses too did not prepare adequately
International experience with GST is that prices go and kept the matter pending till the last moment. Those
up initially for a couple of years and come down who prepared in time have faced no major issues.
eventually as the economy begins to adjust. Some While one can say with hindsight that there was
slowdown in the economy was expected, given that a better way to execute, I think, excessive media
GST would hit the unorganised sector adversely. This pessimism is unwarranted. In any case, GDP growth
was known beforehand. Since all political parties rate is a very short-term focused, imperfect and
supported GST, it can be said that we, as a nation, have overrated statistic whose limitations also should be
taken a call to go through the pain, for the purported kept in mind.
long-term benefits that the new tax structure offers. It Chandragupta Acharya, by email
was also the collective wisdom of all that an imperfect
GST is better than no GST. TAKEN FOR GRANTED?
Disgruntlement of those who were able to evade This is with regard to Data Theft in Organisations
taxes earlier but are finding it difficult to do so now and Legal Issues (Moneylife, 15-28 September 2017)
is expected. Economists and politicians have talked by Prashant Mali. All apps now ask for complete access
for decades about widening the tax base but the talk to your contacts. Is this a data protection violation? We
went nowhere beyond taxing the middle-class and are sharing a contact without approval from the owner
the corporate sector. One should now appreciate that of contact. Data protection and privacy are big themes
prime minister Narendra Modi has taken an unpopular which are taken for granted now.
step in the larger national interest. Vasudevan, online comment

MONEYLIFE | 1326 Oct 2017 | 10

Letters.indd 4 02-10-2017 16:58:29


LETTERS

ASSIGN CLEAR RESPONSIBILITIES! multi-bagger retail investor buys the stories and cries
This is with regard to Who To Blame in a Lift foul when the tide turns.
Accident? (Moneylife, 4-17 August 2017) by Kunal Singh, online comment
SD Israni. How did the lift door open when the lift was
not at the third floor landing? Does this reflect poor BEST OPTION FOR A DEFENSIVE
maintenance or poor installation quality? Given that INVESTOR?
most building projects come in the form of towers, can This is with regard to Picking Winning Equity
the bye-laws include clear guidelines for preventing lift Schemes (Moneylife, 18-31 August 2017) by Debashis
mishaps and assign clear responsibilities and culpability Basu, Pratibha Kamat and Clinton Fernandes. With all
in this regard on the managing committee of the due respect, I disagree with the authors that a superior
cooperative housing society? equity mutual fund scheme can be selected. As John
Kumar R, online comment Bogle has repeatedly said, Always remember the
relentless rules of humble arithmetic. Its all
ROOT OF THE PROBLEM about the cost.
This is with regard to Fortnightly In constructing the model used in the article,
Market View: Creeping Frustration only the total returns of the mutual fund
(Moneylife, 15-28 September 2017). schemes were considered, and not the NET
The root of the problem is the RETURNS, which equals total returns
finance ministry which has turned a minus expense ratio. So, a more complete
prosperous economy into a stagnating picture of the mutual funds returns should
one with constant problems for Indian take into account the expense ratio as well.
businessmen. Unless this is fixed, nothing I also believe that Matthew (19:30) was
much will happen (fixed means change right when he said: But many who are
of finance minister). first will be last, and many who are last
Suketu Shah, online comment will be first. These words may equally
apply to mutual fund returns.
TERRIFIC READ! All said and done, a periodic investment in a low-cost
This is with regard to The Fraud at RicohExclusive: index fund is, and always will continue to remain,
PwC Forensic Report (Moneylife, 29 September- the best option for a non enterprising/defensive (in
12 October 2017) by Debashis Basu and Shashank Grahams definition) investor, for creating wealth.
Manilawala. Terrific read! This feels like a crash-course While I do understand that a large majority of people
in auditing. believe that they are superior to others and, therefore,
Aditya G, online comment can spot an investment strategy better than others, I
would like to quote Kato on the matter: There must
CRYING FOUL WHEN THE TIDE TURNS? certainly be a vast fund of stupidity in human nature,
This is yet another interesting expos by Sucheta Dalal else men would not be caught as they are, a thousand
HFCL Scrip Drama: Raises Intriguing Questions times over, by the same snare; and while they yet
(Moneylife, 29 September-12 October 2017). You remember their past misfortunes, go on to court and
would be surprised to know how many corporate deals encourage the causes to which they were owing, and
are done over messaging apps and blogs/forums which which will again produce them.
seem to be far from reality. Yet, the ever hungry for Eashan, online comment

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11 | 1326 Oct 2017 | MONEYLIFE

Letters.indd 5 02-10-2017 16:59:02


Public Interest
been done by developed nations
Regulation of Retirement such as Canada, Singapore, New
Zealand, Australia and others. The
Homes under Consideration minister also discussed how financial
products such as reverse mortgage

H
ardeep Singh Puri, minister of into retirement homes/townships could be encouraged among this set
state for housing and urban which are a booming new sector of residents to give them access to
development, has agreed to that meets the changing cash if they begin to run out of
examine Moneylife Foundations requirementsts of society. savings.
study on retirement homes with a The regulations
ulations Mr Puri readily
re agreed
view to formulating appropriate should include
ude prescribing to have his offi
of cials consider
regulations and guidelines to protect minimum standards
tandards of how best to ensure
en the
middle-class and affluent elders infrastructure,
ure, service, orderly development
develop of such
who move to such homes in the contracts and
nd protection townships forfo the benefit
expectation of hassle-free silver (in the form
m of of all stakeholders
stak and
years. I met Mr Puri and presented a supervision,, enhance confidence
copy of the study to him on swift grievance
nce in this sector.
29th September at New Delhi and redress and Simultaneously,
Simul
briefed him on the key findings empowerment ent at the
th initiative
as well as the need for formal of residents)) of Praveen
Pr Singh
regulations and disclosure norms in line with Hardeep Singh Puri, Pardeshi,
Par
minister of state for
to protect those who chose to move what has housing and urban
additional
ad chief
development

Jan Dhan Accounts: Who Do They Serve?


I f one goes by the numbers
displayed on the Pradhan Mantri
Jan-Dhan Yojana (PMJY) website,
Jan-Dhan accounts, which stood at
Rs45,636 crore on 9 November 2016,
had jumped to Rs71,036 crore on
a question in the Parliament, State
Bank of India (SBI) had claimed that
its cost for maintaining such accounts
the financial inclusion scheme 28 December 2016. We have also is Rs774.86 crore.
remains a huge success. At the end seen innumerable media reports since However, The Times of India (TOI)
of September 2017, it reported then that the income-tax department has exposed another dimension to
302.6 million beneficiaries with bank has frozen all suspicious accounts these accounts. In a report, it says
balance of Rs66,606 crore. These with large deposits in these accounts. that banks are taking advantage of
were being serviced by a vast army And, yet, a massive Rs4,430 crore the vague wording of Reserve Bank
of 126,000 bank mitras, delivering has been withdrawn from these of India (RBI) guidelines for basic
branch-less banking. However, a accounts. The steady increase in savings bank deposit accounts, to
closer look raises many questions balances in these accounts (in the impose restrictions on transactions
about this three-year-old initiative past) suggests that these are not or find ways to demand a minimum
launched with great fanfare. Of normal withdrawals. Did they then balance or levy charges if the four
these, we know from reports that escape the taxmans eagle eye? free transactions norm is exceeded.
nearly 10 million accounts have no There are issues with opening Free transactions include ATM
transactions. of the new Jan-Dhan accounts too. deposits and withdrawals, online and
For starters, we do know that No bank is willing to open these point of sale transactions as well as
Jan-Dhan accounts were targeted accounts anymore, not even private standing instructions. The TOI report
to launder black money by using banks which have been extremely names top private banks for finding
account-holders as money mules to eager to please the government. ways to charge Jan-Dhan customers
deposit large chunks of tax-evaded We already know that nationalised for more than four transactions. SBI
cash. A response to a question in banks have incurred a high cost for freezes the account after the monthly
Parliament indicates that deposits in maintaining Jan-Dhan accounts. To four-transaction limit is reached.

MONEYLIFE | 13-26 Oct 2017 | 12

Public Interest.indd 2 05-10-2017 15:41:03


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Public Interest
secretary to the chief minister (CM) red-tape and inspector raj, as also retirement homes must come under
of Maharashtra, a working group to ensure an independent rating of Central regulation, although housing
is being set up to examine what retirement homes to guide investors. is a state subject. The government
needs to be done to encourage the The key findings of Moneylife must put in place regulations
growth of retirement homes, which Foundations study were as follows. to ensure that every retirement
cater to a growing market segment, Retirement homes are a new market home, and its management agency,
and to put in place regulations segment with huge potential because is required to file details of its
that will protect their residents. a growing number of affluent agreements, amenities, terms and
The working group, which will middle-class Indians are looking to conditions of service, licences,
include all stakeholders, is being spend their retirement in a secure sanctions, and permissions; these
led by Dinesh Waghmare, secretary, environment, with like-minded should also be uploaded on a
department of social justice & people of similar interests and statutory searchable website. The
special assistance and includes without the burden of running a promoter/developer of a retirement
BN Makhija (ex-secretary, GoI), home. However, the sector needs home must sign an agreement
Priya Khan (OSD, CMs office) and effective regulation to ensure with the residents to ensure that
representatives from ministry of security and grievance redress. The services, like nutritious meals, 24x7
urban development and department need for regulation was underlined security, well-equipped medical
of social justice & special assistance. by a court case in the Tamil Nadu centre, comprehensive insurance,
Moneylife Foundation is also a part High Court that highlighted the record maintenance, employee
of the group. Maharashtra wants to travails of the senior citizens living screening and policy for transfer of
prescribe standards, ensure grievance in a retirement home in Coimbatore. the asset, are provided by them.
redress, while avoiding needless The study recommends that Sucheta Dalal

The Bank recently agreed to allow commissions. This information comes stipulation of a minimum threshold
economically weak customers as well from a source who has worked with limit, to encourage them for business
as students and pensioners to convert the biometric identification and development.
their regular accounts into basic enrolment agencies. Despite efforts, More importantly, banks have
accounts with stringent restrictions, we were unable to verify whether been allowed to pay commissions
after a furore over its decision to this is happening routinely, or even to BCs in order sell new products
impose huge costs for failing to meet in pockets, or get information launched by them. Although BCs
minimum balance requirements. about the action taken by banks in are not allowed to collect the
Charging Jan-Dhan account- commission directly from
holders for more than four customers, the guidelines are
transactions is a relatively clear that since the delivery
new development. It has of services and products are at
happened mainly due to the convenience of customers,
RBIs studious silence with we may recover the incentives
regard to exploitation and commission from the
of bank customers and customers such commissions/
generated anger and incentives. BCs are also paid
confusion about bank commissions for new products
charges. launched by banks for these
Interestingly, while banks insist such cases, or the turnover of BCs rural folks who are the target of
on capping transactions on the claim employed by banks. The Indian financial inclusion. In an environment
of high costs, our sources tell us that Banks Association has prescribed a where educated urban consumers
banking correspondents (BCs), who minimum compensation of Rs5,000 have been subject to the most brazen
earn a commission per transaction, per month, but the guidelines for mis-selling of financial products
have been encouraging needless engaging BCs say that BCs may be and services, it is anybodys guess
deposits and withdrawals of the incentivized on business volume/ what is being sold to this vulnerable
same sum of money to bump up their transaction/milestone basis, with segment. SD

MONEYLIFE | 13-26 Oct 2017 | 14

Public Interest.indd 3 05-10-2017 15:41:35


Your Money
CONSUMER INTEREST saying the allottee cannot be expected
to wait for possession of the apartment

NCDRC Asks Unitech To Refund for an indefinite period. It noted that


the firm was not in a position to hand
Rs41 Lakh to Home-buyer over the possession of the apartment.
NCDRC awarded Rs10,000 as

A ccording to a complaint to
NCDRC (National Consumer
Unitech Horizon, a residential project
in Alistonia Estate at Greater Noida
(Uttar Pradesh).
litigation cost to Mr Mathur and said
that the firm had failed to hand over
the possession even after eight years of
Mr Mathur was promised delivery date. The opposite
promised delivery of party (firm) is not in a position to
of the apartment by offer possession of the apartment.
the end of 2008, but The company shall refund the amount
he failed to get it. with simple interest at 10% per
The company said it annum without any further liability.
was not in a position In the absence of any explanation for
to hand over the failure to comply with the stipulation
property as the delay of delivery of possession, we have no
in completing the hesitation in concluding that Unitech
Disputes Redressal Commission), in construction was beyond its control. has committed deficiency in service
2006, DK Mathur had paid over Rs41 NCDRC has asked the company and has indulged in unfair trade
lakh and booked an apartment in to refund Rs41,15,320, to Mr Mathur practice, the Commission said.

VEHICLE INSURANCE MUTUAL FUNDS

TATA AIG General Insurance Directed To Pay Car DSP BlackRock Launches
Theft Insurance Claim of Rs5.22 Lakh Equal-Weight Nifty50
Scheme
A complaint was submitted before the Central Mumbai District Consumer Disputes
Redressal Forum in 2015 by the owner of a car, M/s Banswara Syntex Limited,
against TATA AIG General Insurance Co Ltd. The complaint said that, on 7 May 2012, D SP BlackRock Investment
Managers Pvt Ltd, one of
the car was parked in the parking slot of the companys director. The driver of the Indias premier asset management
car slept in the vehicle for the night. The following morning, after the driver returned companies, launched its first passive
from the washroom, he found that the car was not in the parking spot. A complaint fund, DSP BlackRock Equal Nifty 50
was lodged with the police and on 9 May Fund. This index fund is different from
2012, the RTO (Road Transport Oce) was other index funds as it assigns equal
informed. weight to each stock and invests
The insurance company was intimated equally in them. In this scheme, each
and the claim submitted. However, the company will be apportioned 2%
insurance company repudiated the claim of the portfolio, given that there are
through a letter dated 25 March 2013 on 50 companies in the Nifty 50 index.
the grounds that proper care was not taken, The scheme also gets rebalanced on
and the vehicle was left unattended without a quarterly basis and has a built-in
locking it. It said that this was a breach of the policy conditions. profit-booking mechanism, in effect
The complainant said that the claim was repudiated on the basis of the insurance buying the underperformers at low
company investigators report. The advocate pointed out that the report said, It was and selling the outperformers at high.
found that the location is well secured and guarded by a fleet of security persons. The minimum investment for this
The Forum ruled against the insurance company and ordered the insurance company scheme is Rs1,000 and in multiples of
to pay Rs5.22 lakh, along with a compensation of Rs40,000, to the owner of the Rs500 thereafter. There is no entry- or
Skoda car stolen from a heavily secured and guarded Mumbai building in 2012. exit-load in the scheme.

15 | 13-26 Oct 2017 | MONEYLIFE

Your Money.indd 2 05-10-2017 17:40:24


Your Money
REAL ESTATE LOANS

Roadside Parking in Specic Residential Piramal Finance Enters


Areas in Delhi Will Be Paid Parking into Housing Finance
Segment
R oadside parking in residential
colonies in Delhi will be allowed in
demarcated areas and a fee charged,
every hour to discourage long duration
of on-street parking and will be thrice
that of off-street parking. No surface P iramal Finance announced entry
into retail housing finance business
according to new rules that are set to parking will ordinarily be allowed through its wholly-owned subsidiary,
be notified very soon. The lieutenant within 500 metres of a multi-level Piramal Housing Finance. The housing
governor of Delhi, Anil Baijal, stack parking. The civic agencies finance company will offer home loans
reviewed the Delhi will identify as well as loans against property
Maintenance and roads and spaces and construction finance for small
Management of for granting developers. Given the size, scale and
Parking Rules, permission for market relevance of the wholesale
2017, prepared overnight parking lending business, it was a natural
by the transport of transport progression to assess opportunities
department. vehicles. The within the retail lending space, Piramal
According parking of Finance and Piramal Housing Finance
to the new rules, commercial managing director, Khushru Jijina, said.
which give teeth to vehicles would be The company will initially focus on a
the draft parking permitted only on product roll-out across all major metro
policy prepared by the department, notified roads only during night hours, cities and, thereafter, seek to establish a
parking rates will be fixed by a base on payment. In case of illegal parking pan-India presence, including tier-2 and
parking fee committee headed by the on roads wider than 60 feet, the traffic tier-3 towns and cities.
transport commissioner. The rules police shall be the primary agency
propose that on-street parking for for towing away the vehicle. In case
BANKING
the first hour be priced at least twice of other roads and spaces, the civic
as much as off-street parking. The agencies shall be responsible to tow
away the vehicle and impose penalties.
SBI Waives Account
parking fee will increase exponentially
Closing Fees

Real Estate Developer AN Buildwells Director Arrested S tate Bank of India (SBI) has waived
account closing charges for all savings
bank customers, provided the account has

S urendra Kumar Hooda, the 75-year-


old promoter and director of
AN Buildwell, was arrested by the
than 1,700 buyers have invested in two
projects of AN BuildwellSpire Edge in
Manesar, a commercial project, and Spire
been in existence for over a year. The move is
the second in the round of relaxations by the
Bank following protests against the penalty
economic oence wing (EoW) of Delhi Woods in Sector 103, a housing project. for not maintaining a minimum balance. Until
Police on charges of cheating and Mired in controversy since the launch now, the Bank was deducting Rs500 with
criminal breach of trust after home- of the two projects, all directors of service-tax as account closing charges on
buyers who booked flats in the realtors AN Buildwell resigned and construction all accounts except those closed during the
Spire Woods project in Haryana filed work at their sites has been at a standstill 14-day free-look period. The waiver will come
a complaint against him. The project for three years. The company went into into effect from October 2017. Customers are
stalled after the developer abandoned liquidation in 2016. Rejecting the bail allowed to switch from regular savings bank
it three years ago, and the realty firm application of the realtor, the court accounts to a basic savings bank account
is under liquidation. Mr Hooda was observed that since the accused collected (BSBA). The BSBA is similar to a regular
arrested on 20th September and has funds from the public in violation of the account but it does not have a chequebook
been hospitalised since. The Saket court conditions of the licence granted to his facility. A BSBA also cannot have total credits
rejected Mr Hoodas bail application company, the court is of opinion that he of more than Rs1 lakh or minimum balance of
and sent him to judicial custody. More is not entitled to be accorded the benefit over Rs50,000.

MONEYLIFE | 13-26 Oct 2017 | 16

Your Money.indd 3 05-10-2017 15:39:32


BANKING
overcharged for Aadhaar services.
Government Has Decided To Audit Photographs of all sta at the
enrolment centre and equipment
Aadhaar Enrolment Centres will be taken and a 5-10 minute
video would be shot of the ongoing

F acing questions over the privacy


and security of the Aadhaar systems
in the Supreme Court (SC), the
enrolment and update process at the
centre. The three auditors would be
allotted 10,000 centres in the first
government has decided to conduct year for the job. The auditors will
an independent audit of all 50,000- assess if supervisors and verifiers are
odd Aadhaar enrolment centres and present at each enrolment centre
inspect them. to help and guide residents, if the
Three independent auditors original documents of the resident are
will assess if enrolment centres scanned and reviewed as per UIDAIs
are adhering to UIDAIs processes guidelines without retaining their hard
and guidelines, if the hardware specifications and check whether the copies, whether the behaviour with
and software deployed at the enrolment centre is involved in any the resident is courteous and whether
enrolment centres are as per UIDAIs corrupt practice and people are being the centre is covered by CCTVs.

Moneylife

MONEYLIFE
Quiz no

269
QUIZ Answer
Correctly! Win
Another quiz to tease your brain. The answers are in a personalised
sed
this very issue. The winner will be chosen by a lucky clock with an Rajendra Kumar Phophalia

investmentnt
draw from correct entries and answers published in the Mutual Fund
investments are quote!
issue dated 23 November 2017. Send in your answers to subject to market risks,
read all scheme related
quiz@moneylife.in with the Quiz no., name, address & documents carefully.
telephone number before 1 November 2017.
1. During the global stock market crash of 2011, which of the 5. What is the name of the director of AN Buildwell who was
following countries did not have a rising debt problem? arrested by the economic offences wing of the Delhi
a. Germany b. Spain Police?
c. Italy d. Greece a. Mohinder Singh b. Surendra Kumar Hooda
c. Mohinder Hooda d. Kumarrao Mohite
2. When, in the past 10 years, were stock market highs similar
those in September 2017? 6. Who is the current chairman of the Indian Railway Board?
a. September 2008 b. December 2008 a. Piyush Goyal b. Suresh Prabhu
c. October 2010 d. December 2011 c. Laloo Prasad Yadav d. Ashwini Lohani

3. Among equity diversified mutual fund schemes, what was 7. How much is the minimum monthly compensation
the largest decline in one-year returns for 30 September recommended for banking correspondents by the Indian
2011? Banks Association?
a. 18% b. 25% a. Rs5,000 b. Rs10,000
c. 39.3% d. 40.2% c. Rs15,000 d. Rs20,000

4. What was the business activity of Shemaroo Entertainment 8. When did the Benami Transactions (Prohibition) Amended
in 1962? Act come into force?
a. Cinema hall b. Circulating library for books a. June 1975 b. January 1988
c. Photography laboratory d. Film production c. December 2008 d. November 2016

In all, 18 readers got all the answers right last time.


The answers to Moneylife Quiz-267 are: 1-a. 37% 2-a. Capital
The winner of Quiz-267 is Rajendra Kumar Phophalia
Growth 3-a. Dr YV Reddy 4-b. Shadow Brokers 5-c. 31.26%
from Jodhpur. Congrats! You win a personalised clock
6-b. 60 7-b. 1898 8-d. 220 countries
with an investment quote!

17 | 13-26 Oct 2017 | MONEYLIFE

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CROSSHAIRs
Exclusive news, the stories behind the
headlines and the truth between the
lines by Sucheta Dalal

Will Venal Indian Regulators Save


Vijay Mallya From Extradition?
T
he flamboyant Vijay Mallya is in the news defaulting on a Rs900-crore loan from IDBI Bank.
again, after the third arrest in his lifetime and Since he has been declared a proclaimed offender,
a quick bail. The only time he spent a night in investigation agencies have reportedly confiscated his
custody, way back in 1985, was in connection with unpledged shares worth around Rs4,000 crore and had
the acquisition of a stake in Shaw Wallace through them transferred to the Central government.
some dubious deals overseas. That was at the height Are the latest charges enough to get an extradition?
of the draconian Foreign Exchange Regulation Act Mr Mallya is a skilled litigator and the record of
(FERA), so badly misused by government ministers Indian enforcement agencies is fairly pathetic; their
and bureaucrats to victimise, torture and extort from charge-sheets are notorious for exaggeration and
business and industry, that it had to be defanged as falsehoods that fall apart in court. Even today, with the
part of Indias economic liberalisation. countrys prestige at stake, there is no attempt to gather
That Indians are notorious for the vast wealth all possible evidence against Mr Mallya. Here is a case
transferred to Swiss Banks is testimony to our study on the selective approach of the Securities and
extraordinary corruption levels. In 2005, Mr Mallya Exchange Board of India (SEBI)) and its complete lack
became the official owner of Shaw Wallace and merged off accountability to people or Parliament.
it with United Spirits. On 2 February 2017, Arvind
Let us look at how Indian investigation agencies Sawant,
awant, member of Parliament (MP)
are likely to fare in the UK court when Vijay Mallyas from
om Mumbai (south), belonging
extradition trial begins next month. Their success to
o the Shiv Sena, wrote a letter
depends on presenting an ironclad case with all the to
o the prime minister captioned
evidence they can gather. Will that happen? For many Deliberate
eliberate and mischievous
decades now, industrialists in the dock have routinely delays
elays
y byy SEBI ((Mr UK Sinha))
influenced investigation agencies to present weak cases in pprobingg Vijay
j y Mallya
y for
that cannot back up their charges. This time around, round
ound tripping
pp g despite
p specific
p
there is enormous pressure on the government to walk information/
formation/ inputs
p received
the talk on recovering black money and loans from from
om Financial Conduct
defaulting industrialists. Mr Mallyas case covers both Authority
uthorityy of the UK (emphasis
categories. He was re-arrested on 3rd October, after the his).The
s).The letter exposes how
enforcement directorate (ED) followed up the Central two
wo former SEBI chairmen
Bureau of Investigations (CBI) attempt to seek his have
ave failed to act on explosive
extradition. information
formation received from the
It has filed a 5,000-page charge-sheet alleging that Financial
nancial Conduct Authority
Mr Mallya had diverted over Rs3,000 crore lent by (FCA,
FCA, UK) in 2008-09.
a consortium of 17 banks through 13 multi-layered And,
nd, they seemed
shell companies by creating fictitious invoices and disinclined
sinclined to
inflated bills. These funds were allegedly transferred investigate
vestigate even
to several countries. Mr Mallya has called the charges when
hen there is
wild and baseless. Meanwhile, it is important to nationwide
ationwide
remember that he has been formally charged only for utrage
outrage

MONEYLIFE | 13-26
27 November
Oct 2017
2014
| 20| 14

Crosshair.indd 2 06-10-2017 16:31:45


over Mr Mallyas defaults and escape to London. If these employees were laundering funds for Indian
Mr Sawant writes that Mr Mallya diverted funds industrialists, why has the information not been handed
borrowed from banks to illegal foreign bank accounts over the SIT on black money?
and particularly to the London wealth management Let us look at the basis of Mr Sawants allegations
desk of Union Bank of Switzerland (UBS). He says that against SEBI and its then chairman UK Sinha. In
SEBI has received specific inputs about this from the August 2013, The Economic Times published an article
FCA in 2009 in the form of an email dump of internal which said that the FCA had provided inputs to SEBI
correspondence of UBS. This included information on a number of promoters in the liquor, mining, real
about Mr Mallyas stock market transactions and a estate, media and entertainment and infrastructure.
list of six bank accounts of Mr Mallya in UBS. These Soon after this, in October 2013, one Ramsagar Yadav
are: 364567 Highland Trading, 369939FG-Personal filed an application under the Right to Information
Account, Birchwood Hills (389458) Plc.; Suncoast (RTI) Act seeking information on how corporate
Valley (389459) plc; Bayside Inn (389460) plc; Venture houses other than the Anil Ambani group about which
New Holding (138154). the FCA had provided inputs and the action taken with
The letter goes on to say that Vijay Mallya made regard to them.
a profit of $5.4 million from the purchase of 633,330 On 25 November 2013, SEBI responded saying,
and sale of 408,333 shares on 24 May 2007. The Information received from FCA is in confidence
FCA email had apparently provided the high, low from foreign government/regulatory agency. Further,
and closing price of certain shares on a specific day the information is held by SEBI in its fiduciary
which, on cross-checking, turned out to be those of relationship. Dr Anil Kumar Sharma, who signed the
United Spirits, a UB group company. This information SEBI letter, claimed that such information was exempt
pertained to 2006-08 and was from disclosure under the RTI
received by SEBI in 2009 when Act. But this response clearly
CB Bhave was the chairman. indicates that SEBI had, indeed,
One may recall that Mr Bhave
Arvind Sawant, MP alleges received information from the
had followed up the FCA inputs that SEBI received specific FCA. When nothing further
with regard to UBS and the Anil inputs about Mallya happened, Indian Council of
Ambani group. The matter was Investors filed a public interest
mysteriously settled through a
from the FCA in 2009, litigation (PIL No 16 of 2014)
sketchy consent order after the when CB Bhave was the in the Bombay High Court to
group paid up Rs50 crore and chairman, in the form of direct the regulator to investigate
senior officials, including Anil the FCA inputs on UBS.
Ambani, were barred from the
an email dump of internal SEBIs official response, in
market for a year as part of the correspondence of UBS an affidavit to the court, was
deal. pertaining to 2006-08 surprising. It flatly denied having
We learn that while the FCA received information other than
provided extensive information that on the Anil Ambani group
about the Anil Ambani group, the there were details with from the FCA. It also said that newspaper articles
regard to six other industrialists, which have not cannot be the basis for levelling allegations against
been investigated. Mr Sawant alle alleges that SEBI even SEBI. However, the PIL was withdrawn on 5 February
misled the Bombay High Court aand the SIT (special 2015 after SEBI flipped its position and submitted that
investigation team) investigating b black money and investigation into the issue had commenced. Did it
asks for stringent action against tthose responsible for really happen? Nobody knows, since SEBI is back to
burying the issue. stonewalling queries. Who was SEBI protecting, under
Remember, in August 2009, F FCA had imposed a two different chairmen, and why? We have specific
8-million penalty on UBS
UB and also penalised information about internal notes of those who have
four of its officials of whom three were studied the FCA information.
Indians. The ffour were: Andrew SEBI is an independent regulator with enormous
Johnson Cu Cumming, Jaspreet powers; can it get away by not sharing information
Ahuja, SaSachin Karpe and received by it from international regulators under
Karan. The last three
Laila Ka global treaties? What needs to be done to ensure
orders were passed in 2012 that SEBI joins the PMs effort to bring back black
based on disclosures of money? If the government cannot ensure action and
an eelaborate scheme investigation by its regulators, then its talk about loan
run by the employees recovery and the war on black money will continue to
to launder money. be mere rhetoric to fool the people.

21 | 13-26 Oct 2017 | MONEYLIFE

Crosshair.indd 3 06-10-2017 16:32:23


DIFFERENT STROKES SUCHETA DALAL

Going Easy on Loan Defaulters:


What Is behind the SEBI Move?

B
arely a month ago, Deepak Parekh, chairman of Remember, while SEBI was all set to force corporates
Housing Development Finance Corporation (HDFC) to disclose information about defaults, RBI has refused to
was all praise for the speed with which Ajay Tyagi, name defaulters, despite a Supreme Court order. Consider
chairman of the Securities and Exchange Board of India how the SEBI circular would have affected banks. Bankers
(SEBI), had accepted his suggestion to get listed companies do not report defaults for at least three months and they
to mandatorily report to stock exchanges every default are used to ever-greening accounts and delayingas
in payment to banks or financial institutions. Mr Parekh long as possiblethe classification of loan defaults as
had told us that this move would give investors timely non-performing assets (NPAs). By forcing companies to
information, since there is a huge lag today before they get report payment defaults immediately, banks would no
to know about financial difficulties of listed companies. longer have the power to make a variety of adjustments,
On 4th August, SEBI issued a including offering fresh loans (or
circular making it mandatory for other forms of finance, including
companies to report any lapse on loans to group entities) to hide the
payment of interest or principal to NPAs in their own books.
their lenders. This was to become Public sector banks (PSBs)
applicable from 1st October. The were already reeling under the
reporting requirement would cover pressure of bad loans when the
default in payment of interest on national democratic alliance
loans from banks and financial (NDA) came to power. The
institutions, interest/instalment Congressled United Progressive
obligations on debt securities Alliance (UPA) had ignored the
(including commercial paper), bad loans issue and routinely
external commercial borrowings
(ECBs), medium term notes
That SEBI was forced to defer papered over a possible panic by
doling out thousands of crores
(MTNs) and foreign currency an investor-friendly action to of rupees to recapitalise PSBs.
convertible bonds (FCCBs). SEBI allow banks and companies NDA was expected to force
said the move would fill a critical to hide corporate defaults them to clean up their books
gap in the information available reflects adversely on this and stop their corrupt lending
to investors. government, which was voted practices. But prime minister
Then, on Friday, 29th September, in with such hope (PM) Narendra Modi began his
a press release sent after 11pm from innings by launching the Pradhan
an iPhone scuttled the move with Mantri Jan-Dhan Yojana in
one line: It has been decided to defer implementation of August 2014. His stiff targets forced banks to divert
SEBI circular no. CIR/CFD/CMD/93/2017 dated August 4, almost all their energy into opening these accounts. Since
2017 until further notice. The SEBI chairman was in New many nationalised banks were also kept headless for a long
Delhi for the weekend and, perhaps, the action was dictated time, there was nobody to ensure that core functions did
by instructions received there. It is not clear whether the not take a hit. Barely had the pressure about Jan-Dhan
objections of the Reserve Bank of India (RBI) have forced ended, when the PM announced demonetisation of Rs500
SEBI to withdraw its circular; but the market regulators and Rs1,000 notes on 8 November 2016, once again
silence reflects a panic about the state of bank finances plunging banks and the entire country into chaos for the
and the governments struggle to deal with bad loans. The next few months.
SEBI circular was aimed at protecting retail investors and Bad loans have now reached a crisis point, with stressed
mutual funds (which pool retail investment) by providing assets of the entire banking industry estimated at nearly
immediate information about payment difficulties of 10% of all outstanding loans. The government passed
listed companies. the Insolvency and Bankruptcy Code (IBC) to help banks

MONEYLIFE | 13-26 Oct 2017 | 22

DIFFERENT STROKES.indd 2 06-10-2017 15:16:05


DIFFERENT STROKES SUCHETA DALAL

with faster loan recovery from wilful defaulters. But, as Goods and Services Tax (GST) with multiple tax slabs,
with all grandiose schemes disconnected with ground onerous reporting requirements, frequent changes in rates
reality, there were two major problems. The first case of and an online filing system that was not robust enough.
successful resolution under IBC, involving Synergies Dooray While a simple GST would be beneficial in the long run,
Automotive Ltd, has led to a complaint by Edelweiss especially if we are able to move towards a single rate, at
Asset Reconstruction before the National Company Law the moment, GST has caused a huge disruption, especially
Appellate Tribunal (NCLAT) calling it a fraud and a among exporters and traders.
sham. Lenders took a 95% haircut in this case and there In this scenario, the instant reporting of defaults would
are grounds to suspect that an associate company of the force banks and rating agencies to take immediate action
promoter group has contrived to wangle control. such as classifying loans as a default (with commensurate
The decision has had a huge hidden impact. Only in provisioning for bad loans) and downgrading of credit
July this year, industrialists believed that the PMs office rating. All this would have had a big impact on loss-making
was directly monitoring the 12 cases marked for insolvency nationalised banks, which are seeking a fat government
action, where the outstanding debt is over Rs5,000 crore bailout (or recapitalisation) at public expense. With the bull
and 60% of it is classified as non-performing. A steel run of the Indian capital market having paused, in response
industry magnate told me that bankers were asked to to bleak economic numbers, a spate of rating downgrades
ensure that at least six of these companies had a change would have only precipitated a further decline in share
in management. After Essar prices. A desperate government
Steels audacious, but failed, legal appears to have pressured SEBI
challenge to the recovery process, to drop the investor-friendly
the Synergy Dooray case and lower move and allow the obfuscation
GDP numbers, the mood has by lenders and borrowers to
changed completely. Three months continue.
later, the same source says that While institutional investors
every defaulter company will sail with large research teams have
through the National Company ways to ferret out information
Law Tribunal proceedings with about corporate health, this move
lenders taking a haircut and leaves retail investors at the mercy
promoters retaining control either of sketchy disclosures made to
directly or indirectly. Prashant stock exchanges. That SEBI
Ruia of Essar Steel has already
After the Synergy Dooray case was forced to defer an investor-
gone public about his confidence and lower GDP numbers, the friendly action to allow banks
that the family will remain firmly mood has changed. Prashant and companies to hide corporate
in the saddle. Ruia of Essar Steel has defaults reflects adversely on this
This has cast a shadow already gone public about his government which was voted in
over the entire IBC process and confidence that the family will with such hope and expectation.
raises concern about yet another remain firmly in the saddle What is worse, every problem
mechanism to recover bad loans faced by the economy today is
that may be doomed to fail. Was self-inflicted. With low oil prices
the IBC legislation pushed through in a hurry without and a good monsoon after two years of drought, and
taking the time to eliminate possible loopholes? There enormous goodwill and support from the public, the
seems some merit to this disconcerting view, but it fits government ought to have pushed for high economic
in perfectly with this governments quick-fix approach. growth, job creation and kick-starting investment supported
A bankruptcy legislation has a significant weightage in by a clean and efficient administration. Instead, with less
the World Banks Ease of Doing Business, which is due than two years for the next general elections and negative
for a revision in October. Government mandarins rushed outbursts from its own party stalwarts, the government is
through the IBC legislation hoping for a 20-point jump in defensive mode and angrily attacking those who raise
in Indias rank, from 130 last year. valid questions.
Indias GDP growth, which was 9.2% in the third
quarter of 2016, has steadily dropped to 5.7% in the April- Sucheta Dalal is the managing editor of Moneylife. She was
June quarter of 2017. While companies were struggling awarded the Padma Shri in 2006 for her outstanding contribution
to cope, the government went ahead with a complicated to journalism. She can be reached at sucheta@moneylife.in

23 | 13-26 Oct 2017 | MONEYLIFE

DIFFERENT STROKES.indd 3 06-10-2017 15:16:42


MUTUAL FUNDS POINTERS

Mutual Funds May Cushion a Falling Market


T
he current market highs are similar to those witnessed levels, given that growth has been so slow.
in October 2010. Here are the similarities in the Mutual fund investors should avoid committing any
markets then and now. large lump-sum investments in equity schemes at the
moment and probably look at liquid funds or arbitrage
Nifty50 schemes for the short term until the markets become
Ratios October 2010 September 2017 reasonably priced.
P/E 25.72 25.9
P/B 3.89 3.47 Equity Diversified Mutual Fund Schemes
Scheme Name 1-Year returns %
Dividend Yield 1.03% 0.94%
JM Basic -39.3
Rise in Previous 9 Months 33.7% 24%
HSBC Midcap Equity -37.2
The only difference between then and now is the extra- HSBC Infrastructure Equity -35.0
aggressive rally of the index in the past which jumped 33% JM Multi Strategy -31.7
in a brief nine-month window before falling 20% in the Baroda Pioneer Large Cap -29.1
subsequent year. The table alongside shows point-to-point Escorts Growth -27.8
one-year returns of equity diversified mutual fund (MF)
Principal Emerging Bluechip -27.2
schemes for the period ending 30 September 2011. The
Escorts Leading Sectors -26.9
schemes declined 18% on average, with some falling as
much as 39%. DSP BlackRock India Tiger -26.6
The global stock market crash of 2011 was mainly due Taurus Discovery -25.9
to rising debt problems in Europe especially Greece, Italy
and Spain. Additionally, Americas credit rating downgrade Investors who have SIPs in equity schemes will hope
was also another reason. From a fundamental viewpoint, that the fund managers have a large amount of investments
revenues were on uptrend and the market fall was mainly in cash and cash equivalents, to cushion any drastic fall.
a cause of bearish market sentiment. Since there is always This wasnt the case during the four-months prior to the
a reason to trigger a fall, especially when the market is 2011 crash where the amount of cash available with equity
expensive, do we have any such reason at the moment that mutual funds was much lower than it is today.
could trigger another fall like the one in 2011? Could the The increasing allocation to cash and cash equivalents
US-North Korea face-off be the trigger for the correction signifies that managers of equity schemes are better prepared
in the markets? Or the realisation, that the economy is for any upcoming corrections, than in the past. Monthly
stalled, thanks to the twin impact of demonetisation and inflows into equity schemes through SIPs will add further
shoddy implementation of the Goods & Services Tax. Even liquidity to the schemes and probably open up valuable
otherwise, the markets are definitely expensive at these buying opportunities if the markets fall further.

Cash & Cash Equivalents in Equity Diversified Mutual Fund Schemes


Rs Crore 2010 Rs Crore 2017
7,400 23,000

7,000 21,000

6,600 19,000

6,200 17,000
Jul-10 Aug-10 Sep-10 Oct-10 May-17 Jun-17 Jul-17 Aug-17

MONEYLIFE | 13-26 Oct 2017 | 24

Fund Pointer.indd 2 05-10-2017 15:49:02


MUTUAL FUNDS FUND FACTS

Best & Worst Mutual Fund Schemes


The best# three and the worst three schemes over the past three years ranked by their
quarterly rolling returns. Premium members get access to a more refined list of top
schemes by logging in to Moneylife Advisory - advisor.moneylife.in
Equity Schemes (Quarterly Rolling Returns)
Large Cap (Category Avg: 3.36%, Sensex: 1.82%) Launch Corpus Avg. Quarterly 1-Year 3-Years** Exp
Date (Rs Crore)* Rolling Returns Ratio
L&T India Value 08-Jan-10 5256.30 5.15% 24.70% 20.62% 2.02%
Tata Equity P/E 29-Jun-04 1628.55 4.90% 29.55% 19.61% 2.29%
Aditya Birla Sun Life Pure Value 27-Mar-08 1617.51 4.76% 26.56% 19.06% 2.44%
ICICI Prudential Select Large Cap 28-May-09 698.51 2.47% 7.83% 9.86% 2.67%
UTI Dividend Yield 03-May-05 2720.09 2.46% 15.78% 9.84% 2.11%
HDFC Large Cap 18-Feb-94 1273.92 1.96% 13.17% 7.86% 2.20%
Multi-cap (Category Avg: 3.47%, BSE 200: 2.71%)
Motilal Oswal MOSt Focused Multicap 35 28-Apr-14 8677.83 6.41% 26.33% 25.63% 2.09%
Aditya Birla Sun Life Advantage 24-Feb-95 4258.08 4.95% 20.64% 19.78% 2.30%
SBI Magnum Multi Cap 29-Sep-05 2954.72 4.72% 20.35% 18.87% 2.06%
Union Equity 10-Jun-11 199.17 1.83% 11.42% 7.30% 3.10%
UTI Wealth Builder 17-Dec-08 952.55 1.61% 8.83% 6.42% 2.57%
LIC MF Equity 15-Apr-93 338.02 1.43% 5.90% 5.71% 2.82%
Mid-and Small-cap (Category Avg: 5.16%, Nifty Midcap 100: 7.23%)
SBI Small & Midcap 09-Sep-09 727.34 7.70% 36.61% 30.79% 2.37%
DSP BlackRock Micro Cap 14-Jun-07 5791.12 6.59% 17.91% 26.35% 2.41%
Mirae Asset Emerging Bluechip 09-Jul-10 4304.67 6.53% 27.05% 26.12% 2.41%
Axis Midcap 18-Feb-11 1231.42 3.54% 15.47% 14.17% 2.20%
DHFL Pramerica Midcap Opportunities 02-Dec-13 140.97 3.48% 10.91% 13.92% 2.63%
Union Small and Midcap 10-Jun-14 239.74 3.17% 15.53% 12.68% 3.08%

Debt Schemes
Income (Category Avg: 2.32%, Crisil Composite Bond: 2.55%)
ICICI Prudential Long Term Plan 20-Jan-10 3134.43 2.88% 9.65% 11.53% 1.26%
DHFL Pramerica Dynamic Bond 12-Jan-12 185.69 2.66% 10.35% 10.64% 1.70%
ICICI Prudential Income 09-Jul-98 2389.75 2.66% 8.38% 10.63% 1.71%
L&T Triple Ace Bond 31-Mar-97 601.89 1.96% 3.98% 7.83% 1.09%
DHFL Pramerica Premier Bond 21-Jan-03 1718.39 1.91% 6.50% 7.65% 1.55%
Invesco India Bank Debt 29-Dec-12 116.92 1.71% 6.19% 6.84% 0.65%
Liquid (Category Avg: 1.88%, Crisil Liquid Index: 1.89%)
Escorts Liquid Plan 03-Oct-05 172.89 1.99% 6.91% 7.97% 0.90%
Indiabulls Liquid 25-Oct-11 6881.50 1.93% 6.87% 7.74% 0.15%
JM High Liquidity 31-Dec-97 5125.67 1.93% 6.85% 7.70% 0.50%
Quantum Liquid 10-Apr-06 121.179 1.77% 6.12% 7.07% 0.26%
Reliance Liquid Fund - Cash Plan 07-Dec-01 6142.63 1.72% 5.82% 6.87% 1.06%
L&T Cash 27-Nov-06 475.03 1.64% 5.44% 6.58% 0.78%
# Please note the table represents a comparative performance of mutual fund schemes over a three-year period and it is not a recommendation; * Latest quarter average
assets under management; We have only considered schemes having a corpus above Rs100 crore. **Annually compounded

25 | 13-26 Oct 2017 | MONEYLIFE

Fund Facts.indd 2 05-10-2017 16:29:41


SMART MONEY R BALAKRISHNAN

Investing during Economic


Sluggishness

I
do not know if our markets will correct deep enough seems to be on its own clean-up mode. As some of its
to catch up with earnings. Hope and money inflows commodity supplies slow down, Indian producers rejoice
seem to be the two props holding up our markets. without realising that profit gains are due to protection
Flows from foreign institutional investors (FIIs) used to be rather than increasing efficiencies. These are not permanent
the sole driver of our markets. However, of late, domestic gains at all. The government is now pushing out
retail has made the systematic investment plans (SIPs) infrastructure project launches in a hurry. Will it provide
into a monthly inflow of Rs5,000 crore. And domestic jobs and turn consumption demand? Demonetisation and
insurance companies and other pension funds seem to be forced digitisation have affected confidence. The costs
big buyers. They seem to have provided some hope to a of compliance and a less than perfect implementation
falling market as FII flow slows down. infrastructure are more a bottleneck than an enabler.
One continuing problem is the lack of sufficiently Yes, we are probably changing for the better; but, to use
reliable data on where the economy is going. Sometimes, a clichd saying: Things will get worse before they get
it may be a question of how much. This time, I feel it is a better.
question of direction rather than the quantum. The absence A major bottleneck is banking, specifically public
of new jobs, the panic in the software sector sector banks (PSBs). Lending by PSBs has effectively
and the paralysis in government banks are all dried up as they face higher disclosure of non-performing
pointers. The economy is slowing down. There assets (NPAs) and this translates into a fear of lending.
is a virtual 180 degree change in Merely lowering the interest rate is not going to make a
the business environment. Sales difference. For loans to be picked up, we also need a viable
tax, excise and service tax business. Today, the environment of rocky implementation
rolled into a single goods of GST and closed door at banks do not encourage risk
and services tax (GST), a taking. In all this slowdown, we are very lucky that global
new law for real estate, oil prices are low. Probably, it will continue so long as the
demonetisation, growth rates remain muted. Geopolitical tensions are also
not the best of factors, to boost investment sentiments.
Looking at our markets, one does not get the impression
digitisation and fewer that they reflect a slowing economy. It has been held up
cash deals and rising on a lot of hope over the past three years. In the three
compliance costsall this years, we have seen cyclicals steal the show. And super
is happening together. profits accrued as stock multiples expanded for the
Meanwhile, there have below par earnings. However, what matters most
been few structural reforms. is what lies ahead. First is to figure
There have been no reforms out if industrial growth will get
of labour laws, leading to some worse. My instinct is, NO. In
reluctance to invest in new capacities. Start-ups are fact, it may pick up a bit.
able to create many jobs because they are more in Infrastructure activity
e-commerce and alternative energy. Traditional will boost industry. And
businesses seem to have enough capacities and are it will be a sustained
reaping the profits from better capacity utilisation one. One thing that
plus some retaliatory tariff protection measures. As infrastructure companies
global growth slips, every country is resorting to overt need is money. Equity
forms of protection by politicians who have to repay will be not easy to come
their support lobbies. An indirect form of subsidy from by. However, debt will be
consumers to industries happens and the world goes on. available. And if projects
China, the eternal mystery in world economic stage, are tied to foreign aid

MONEYLIFE | 13-26 Oct 2017 | 26

column_Balakrishnan.indd 2 06-10-2017 11:25:14


SMART MONEY R BALAKRISHNAN

(like the good deal done for the Bullet train), we can see the latter and take a call on the others, one by one;
things easing. The government will be forced to encourage iv) Sell off mid-cap stocks that have rallied sharply in
public sector companies to lend as the slowdown hits our the past six months;
economy. v) Keep a list of good shares (where 10-year average
Turning to investments, the valuation matrices are RoE is more than 20% and buy them gradually as
deceptive. If I take an optimistic perspective, saying that the market falls;
earnings will double from this level in three years, it vi) Wait for a clear sign that the economy is recovering
means that the markets may be valued at 10-12 times, before I get back actively in to markets;
assuming stock prices do not move from here. On the vii) I may still keep some trading going on, knowing
ground, I see a lot of emphasis being given by promoters full well that there could be losses, because I am a
to margin improvements, which compulsive stock market-player.
is a good thing. Return on equity But I have to set aside a certain sum
(RoE) is set to rise from here. Banks for it and decide how much of loss
can only give out more loans from
I want to keep can I bear before I down shutters
here on. Private sector banks and more cash handy. I for a break;
finance companies are growing their think, better buying viii) Keep some of my money in
books rapidly. Real estate, in a lot liquid mutual funds, for the time
of ways, is the lead indicator of
opportunities will come. being.
good times. We are yet to see this However, if they do What I am saying may sound
sector doing better. Unsold inventory, not come, I have lost pessimistic to you. On the contrary.
abandoned projects and lower new I want to keep more cash handy. I
starts are visible. The government is
nothing. I do not think think, better buying opportunities
hoping to fill this gap by speeding that the markets will run will come. However, if they do not
up the launch of new infrastructure away from here come, I have lost nothing. I do not
projects. Coming to the markets, I think that the markets will run
will be wrong, whatever forecast I away from here. Yes, I know that
make. Rather, I will limit myself to what I should be doing. probably the government will do its best through fiscal
i) Continue my SIPs, if it is less than two years old; incentives to keep the engines firing. However, I am of
ii) Probably, take most of my money off the table on the view that we need a long-term fix and not band-aid.
SIPs that are more than two years old (not a dividing One final call. It is time to get rid of low-quality (low
line, but older SIPs that have given more than 20% RoE, poor management) stocks and stay with high-quality
growth should probably be liquidated); stocks.
iii) Take a quick review of stocks I hold. Divide them
into opportunistic buys and long-term holdings. Keep The author can be reached at balakrishnanr@gmail.com

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27 | 13-26 Oct 2017 | MONEYLIFE

column_Balakrishnan.indd 3 06-10-2017 11:25:32


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MSSN GB (Insurance 1-3 ).indd 3 16-12-2016 17:29:45


are well protected. The quantum of
claim awarded by MACT in most
death cases and grievous injuries
are within the Rs10 lakh proposed
cap; the average payout per TP

INSURANCE TRENDS claim is less than Rs5.5 lakh.

Health Insurance
New products, regulations, features and options,
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Mediclaim
Renewal Notice
A c c i de n t I n s uranc e than Rs10 lakh? Road accident
victims may lose their lives or
Not Mandated Is
Motor Accident end up disabled. While physical an Issue
abilities are irreplaceable, financial
Death Worth Less
than Rs10 Lakh?
compensation can alleviate the
victim's problems. Today, sky is
the limit for the award that MACT
T he Pune District Consumer
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justice to a lapsed bank mediclaim

T he Aurangabad Motor Accident


Claims Tribunal (MACT) has
directed a driver and the insurance
can bestow. If there is proper
justification, unlimited delay in
claims filing is also allowed. Road
policyholder. Bank of India did not
automatically renew the mediclaim
policy it had sold. Non-payment
company to pay compensation with accident victims, thus, have a of premium led to policy lapse
interest to the widow, her daughter chance of reducing the extent of due to which the policyholder
and parents of the deceased who their misfortune. had to spend nearly Rs40,000 for
lost his life when a speeding But a number of pedestrians treatment of his spouse.
truck ran over him. The claimant from the low-income group suffer According to the Bank, the
had asked for compensation of in accidents. Based on their income insurance company did not send a
group and age, many MACT renewal notice and the policyholder
judgements have awarded an did not give any instructions that
amount much below Rs10 lakh as he intended to continue the policy.
compensation for death. A proposal But it was found that the Bank had
to amend the Motor Vehicles Act been debiting the account of the
(MVA) aims to cap the third- policyholder for seven years for
party (TP) liability at Rs10 lakh in policy renewal. The complainant
accident cases. At present, there is had not informed the Bank about
no cap for the insurers liability. It any change in the status. It means
will be unfortunate if such a cap there was gross negligence on the
is legalised. It will certainly be a part of the Bank.
welcome step for general insurance While the decision of the
companies but at the cost of fair consumer court helped the insured
compensation for accident victims. to get back the treatment cost of
The proposed limit for TP Rs40,000 along with 9% interest
Rs20 lakh for the death of her liability is bad news for pedestrians. and Rs3,000 in cost, what about
husband. MACT awarded a joint However, it can be seen as a the policy renewal? Will the
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favour of the mother-daughter duo is provided as fixed compensation continue the policy without any
and others with 8% interest per in all the cases. Providing a fixed break? There are several such
annum from the date of petition till benefit of Rs10 lakh will ensure instances of lapsed health insurance
realisation of the cheque. that the poor are assured of this policy due to negligence of the bank
Does it mean that the value of amount. Those who are well-off or other intermediary. Insurance
life in motor accident is worth less and/or have other insurance policies companies can also be blamed in

MONEYLIFE | 13-26 Oct 2017 | 30

Insurance.indd 2 05-10-2017 15:33:54


INSURANCE TRENDS

many cases, as they do not always He alth Insurance 65 years and above have declined
send the renewal notice. by 13% and 25%, respectively, in
Surprisingly, this is not even
mandated by the Insurance
Heart-related FY16-17 compared to FY15-16.
Various studies have shown that,
Regulatory and Development Claims Data from while males are more prone to
Authority of India (IRDAI). ICICI Lombard heart diseases, females are likely

and SBI General


Insurance companies can misuse to develop heart diseases at a later
this by not sending renewal notice age as female hormones provide
to senior citizens or to the insured protection until menopause.
having ailments which can have
claims in future. The insured will
have to be proactive in renewing
I CICI Lombard has extracted
claims data for the past three
years pertaining to heart-related
Increased stress, sedentary lifestyle
and long working hours act as
catalysts, thus increasing risk of
mediclaim policies on time without diseases. The data have been cardio-vascular diseases.
depending on the insurer to send a collated on the basis of gender, age
renewal notice. You may also have and demographics. The claims data
to push your intermediary (bank, show interesting trends. In males,
agent, broker, etc) to complete the claims pertaining to heart ailments
renewal process on time. It will be are rising. The number of claims
difficult to fight, once the policy pertaining to parents and in-laws
has lapsed. is also significant. Claims in the
Speaking at a closed-door age band of 36-55 years are rising
discussion organised by Moneylife significantly. Claims in the tertiary
Foundation in 2012, the then hospitals are on the rise in the past
IRDAI chairman, J Hari Narayan, three years. In secondary hospitals,
had clarified that IRDAI does not claims were higher in
want to mandate renewal notices. 2015-16 vis--vis the past two
We dont want to mandate years. Top-3 locations for heart- Claims by males from SBI
renewal notice as it can get gamed. related claims for 2017-18 are: General went up by 12% in FY16-
If the regulator mandates it and Mumbai (24.84%), NCR (19.92%) 17 compared to those in
if the insured say that they have and Chennai (7.04%). FY15-16, while claims by females
not received it, will the cover be SBI General Insurances claims witnessed a slight reductionof
considered as continued? The data show a 40% rise from 5%during the same period.
policyholder will go to court over individuals below 35 years, and Overall, cardio-vascular diseases
the dispute. There are certain a 32% increase amongst 35- to ranked second after those of
things that are not mandated. The 45-year-olds in FY16-17 compared the digestive system in terms of
customer knows the annual cover to those in FY15-16. Interestingly, percentage of total amount paid
due date and hence can do the according to the data, claims in for non-communicable diseases for
necessary renewal. the age group of 55-60 years and both, FY15-16 and FY16-17.

Fine Print premium as first-year commission


instead of 35%. Is the statement
agents being paid mere 10%
commission which is hard to
made only to justify his assertion believe.
How Much Commission Do that agents do not churn policies If IRDAI could effect a
Life Insurance Agents Get? due to unattractive incentives? change in September 2010 in the

I RDAI has found that Indian


life insurers do not pay
adequate commissions to their
Churning of life insurance policies
to earn high first-year commission
is common. IRDAI seems to be
case of front-loaded commission
on unit-linked insurance policies
and rule that it should be treated
agents. According to IRDAI turning a blind eye to existing as being distributed over the
member (life), many agents end policy lapsation to mis-sell new years, why cant it do the same
up getting only 10% of total policies with the justification of for traditional products?

31 | 13-26 Oct 2017 | MONEYLIFE

Insurance.indd 3 05-10-2017 15:35:26


Ensure Your Assets

Dont Fall Under

The Benami Act


The Benami Transactions Amended Act can be a pain even for those who may not have any
unaccounted wealth. Raj Pradhan describes ways in which you may inadvertently create a
benami asset. How can you ensure that you do not cross the fine line which can jeopardise
your asset? Will your gift to parents or siblings be considered a benami transaction?

T
he Benami Transactions (Prohibition) corruption. The Benami Act and Black Money Act
Act, 1988, was comprehensively amended are not just about property but also about all financial
through Benami Transactions (Prohibition) assets. A saver and investor should be careful about not
Amended Act, 2016, which came into force violating these stringent legislations. The Acts also have
in November 2016. Indians with benami the potential to punish genuine investors who may be
assets will have a lot to worry about, with the amended ignorant of the regulatory changes.
Act having got its teeth which were lacking in the original An honest taxpayer will not have anything to fear
legislation. Those having benami property to hide their from both the Acts; but it will be worth checking if you
unaccounted money will be in trouble as will those who have violated some provisions inadvertently. It is possible
happened to inadvertently create benami property, even that you may have created an asset for a family member
with legitimate money. without your name anywhere in the asset. Questions
After the demonetisation drive, prime minister can be raised to explain the reasoning behind it. For
Narendra Modi warned of action against benami example, to avoid taxation in the country of residence,
property-holders, to eradicate black money and an NRI (non-resident Indian) may transfer money in

MONEYLIFE | 13-26 Oct 2017 | 32

Cover Story.indd 2 06-10-2017 16:50:43


COVER STORY

parents/relatives name for investment without his/her common practice is to put a family members or friends
own name being mentioned in the account. Through name as the owner. There are cases of even putting the
such action, the NRI is creating a benami asset, even asset in the name of cooks, maids, peons or drivers
though the source of money is legitimate. The same can without their knowledge or by paying them peanuts to
happen with a resident Indian investing in the name use their permanent account number (PAN) and other
of parents or siblings without own name in the asset. details.
A second example: a resident Indian with a legitimate A transaction is termed benami if an asset is held
foreign account may not declare it in tax returns to avoid by one person but has been provided, or paid for,
paying tax on income generated from it or to avoid any by another person. Such an asset can be movable,
tax scrutiny. It may tantamount to actually converting immovable, tangible, intangible, any right or interest,
white money into black money. legal documents, gold, financial securities and any
One makes several decisions when opening financial other financial assets. So, benami definition is not just
accounts or buying property. Will it be a single or joint for physical property, but it is also applicable for any
account and in whose name? financial asset.
Who is paying for it? Is the For example, you may pay
person putting the money for a property in name of your
going to be an account-holder sister or put your money in a
or not? Are you putting your bank account of your brother.
money in your family members In both cases, your name is
name? Can you give a gift to not there as the owner of the
a family member? Can the property/financial account or
Benami Act be applied even if as a joint account-holder. It is
the gift is genuine? There is a a benami transaction because
thin line of difference between your money is used to create
whether or not a transaction an asset without your name.
will be deemed to be a benami There could be various reasons
transaction. why you may have done such
These blurred lines mean arrangement. It could be to
that mistakes can happen Movable, immovable, tangible evade taxes by utilising the
unintentionally. The semantics or intangible, any right or low tax bracket of your family
of the definitions could interest, legal documents, gold, member. Or it could be that
impact genuine asset-owners. you have taken a loan and
Moreover, if you think you
financial securities and any want to keep your assets away
can pull a fast one and no other financial assets can be a from creditors who can attach
one will notice, you will be declared a benami asset the asset, if you default on the
caught sooner or later. For loan repayment.
existing property or financial In an attempt to evade taxes
accounts as well as the future assets you create, you need or finding ways to safeguard your asset, you are creating
to be aware of the rules so that you do not violate any trouble for yourself by turning your legitimate finances
provisions. Remember, you do not want your legitimate into a benami asset. Why would you take risk for your
and accounted finances to be falling in the category of white money? So, while the colour of a benami asset is
benami or black money. Today, it is not just the fraudsters not always black, it can still land you in trouble. This is
who have to worry; even genuine persons who need to the reason for you to know the provisions of the Benami
safeguard their assets by not making any suspicious Act so that you do not make the blunder of creating a
move. benami asset intentionally or inadvertently.
Benami assets are liable for confiscation by the
What Is a Benami Property? government. The guilty are punishable with rigorous
Corruption is one of the sources of benami assets. Bribes imprisonment of not less than one year which may be
are not just paid in cash, but also with gold, diamonds, extended to seven years depending on the severity of the
land, house, car, stake in a company and so on. The offence. The guilty can also be charged with a fine which
person taking such a bribe avoids putting such an asset may extend to 25% of the fair market value of the benami
in his or her name, but will have control over it. The asset. A person could also face rigorous imprisonment

33 | 13-26 Oct 2017 | MONEYLIFE

Cover Story.indd 3 06-10-2017 18:14:32


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Subscription to Moneylife magazine is included in MAS Premium Membership

MSSN GB Ad_invest.indd 2 15-12-2016 18:28:46


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MSSN GB Ad_invest.indd 3 15-12-2016 18:35:28


COVER STORY

for six months up to five years for knowingly giving false


information and will have to pay a fine of up to 10% of Impact of The Benami Act
the market value of the asset.
The Benami Transactions (Prohibition) Amended and Other Initiatives
Act, 2016, defines a benami property/asset as:
Person holding the property or the person on whose
name the property has been transferred has not paid
A s per media reports, the enforcement
directorate, which implements the Prevention of
Money Laundering Act (PMLA), has provisionally
the money or the price of the property in question is attached properties worth Rs12,000 crore in the
paid by someone else; past 15 months, believed to be the proceeds of
A transaction carried out under a fictitious name; laundered money. Government is using all available
Where the person in whose name the property is data sourcesphone records, credit cards, PAN,
registered denies any knowledge of ownership; or tax returns and even social media platformsto
Where the person paying for a transaction or property- track down benami assets. The income-tax (I-T)
related arrangement is either not traceable or found to department has established charges against five
be fictitious. persons with unaccounted foreign assets of Rs5,000
crore (Rs50 billion) in the British Virgin Islands, a
Are You Creating a Benami Asset? Caribbean tax haven. The government has unveiled
With the amended Benami Act expanding the applicability a draft law which seeks to confiscate properties of
from property to all financial transactions, you need to fugitive economic offenders and plug loopholes
be careful in investing your hard-earned money in the to deter offenders from evading the process of
name of your spouse, child, parents, siblings and other Indian law by remaining outside the jurisdiction of
family members. If its your money, the most logical thing domestic courts. It is seen as a measure to deal with
is that you should be the single owner or a joint owner cases similar to Vijay Mallyas who escaped to the
of the asset created with the money. If you are neither, United Kingdom.
determination of the actual status of the financial asset
lies with the competent authorities. They will apply the
following considerations: property in joint name with a family member can help
Sources of the funds used for making the payment for to avoid possible family disputes in the future. Buying
the property are disclosed by the buyer or not. property with spouse as a joint owner can help with
Intention behind buying home loan tax deduction for
property in the name of you as well as spouse up to
another person, i.e., spouse, the allowed limit. It can also
children, parents, siblings, save on property registration
etc. and stamp duty. Such property
Actual possession of the cannot be treated as benami
property and custodian property.
of the documents of the
property. Property/Asset in the Name of
Disclosure of the income Spouse or Child
from the property, if any, The Benami Transactions
while filing I-T returns. (Prohibition)Amended
If gift was made by you, Act, 2016 states: Benami
the genuineness of the gift transaction exception will be
along with any supporting when the property is held by
documentation. With the Benami Act expanding any individual in the name of
If the answers reflect that the scope from property to his spouse or in the name of
legal ways have been used to all financial transactions, you any child of such individual
reduce taxation for money from need to be careful in investing and the consideration for such
known sources or to benefit your hard-earned money in the property has been provided
from any specific scheme, the or paid out of the known
asset will not be treated as
name of your family members sources of the individual.
benami. For example, buying So, buying a financial asset or

MONEYLIFE | 13-26 Oct 2017 | 36

Cover Story.indd 4 06-10-2017 16:36:35


COVER STORY

property in name of spouse or child is allowed if it is


from your known sources of income. But you will have Own Property, but Dont
to worry about clubbing provisions. For example, if you
put your money in the name of your spouse for a bank File Tax Returns?
fixed deposit (FD), then it is not a benami asset. But the
interest from the investment will be clubbed with your
income and taxable for you. You cannot use the low tax
T he income-tax (I-T) department has put 14,000
properties valued over Rs1 crore each under its
scrutiny as their owners have not filed I-T returns. The
bracket of your spouse to lower your tax burden. The tightening measures will also check if the properties
clubbing provisions prevent tax avoidance. Moneylife purchased exceed the income declared in the I-T
keeps getting asked: How do I efficiently transfer returns; if no returns are filed, you have to specify
wealth to my wife so that we can make use of her no-/ the reasons for it. If there is concrete evidence of tax
low-tax bracket? Investing in the name of your spouse avoidance, enforcement action can be taken. With
or children entails that you are actually gifting them your rumours of government possibly making Aadhaar
money and you may not remain in control of the amount authentication mandatory for real estate deals, there
you have given away. Investment in the name of your can be more trouble for benami property-holders.
spouse and children is common but make sure you dont Property transaction worth more than Rs30 lakh is
fall foul of the taxman: read the dos and donts of such a trigger for the I-T department to check the source
investment. Our Cover Story on investment in the name of funds of the buyer. Today, with benami property
of spouse and children give details:- http://tinyurl.com/ regulations revised to turn the heat on those having
y8nljylz benami properties, property sellers, too, are under
the I-T departments lens. There are news reports of
Buying Property/Asset for Parents? I-T department trying to find the property sellers
It is advisable to buy property or have financial accounts source of income to buy the property they are now
in joint names from your known sources of income. trying to sell. So, if you are a property seller, you
There is a thin line that separates a genuine transaction may be asked to justify the source of funds used to
from a benami transaction. If you invest in the name buy the property which could have been purchased
of your parents without your name being mentioned decades ago.
in the property/asset, you are creating a benami asset.
Such transactions can also put NRIs in trouble if they
want to evade tax in their country of residence by name of a spouse or a minor child, there is no clubbing of
transferring money to India income in the case of parents.
for investment in the name of There are instances when you
parents. But if you are a joint invest in a financial asset (bank
account-holder of the property FD, etc) in the name of parents
or fi nancial asset, it would to get higher interest of 0.5%
not be considered a benami offered. Keeping you name
transaction under the Act. as joint account-holder will
You may want to buy a ensure the account cannot be
retirement home for your called as benami. But is it wise
parents. Your intention may to get 0.5% higher interest by
be to safeguard your parents putting your parents as first
future by giving them financial account-holder?
stability. You may do so by There are media articles
making yourself as single that say, It is simpler if you
owner or a joint owner to invest in your parents name.
avoid violation of Benami Act. If you invest in the name of your If any or both of your parents
You should not buy property parents or siblings without your do not have a high income,
or make investments in the while you are in the highest
name being mentioned in the
name of parents (bank FDs, 30% tax slab, you can gift
shares, mutual fund units, property/asset, you are creating them money to invest in fixed
bonds) without your name. a benami asset deposits. But is it a genuine
Unlike investments made in the gift to your parents or are you

37 | 13-26 Oct 2017 | MONEYLIFE

Cover Story.indd 5 06-10-2017 16:37:19


COVER STORY

taking an FD in their name person purchasing a joint asset


as fi rst account-holder just to with his/her brother or sister
get a higher interest rate? If will have to prove his source of
you get back the money from income and the remaining 50%
your parents after the bank contributed by the sibling will
FD matures, is it not a sham also have to be demonstrated
transaction? If so, it is not a under the law. But a recent
genuine gift. You are doing a income-tax appellate tribunal
transaction for tax avoidance (ITAT) ruling gives a different
which will be difficult to opinion.
explain if there is tax scrutiny. ITAT recently ruled that
Avoid it. You dont want your an individual should get the
parents to be questioned on the full benefit of tax-exemption
source of investment. for property purchase made
after selling own property.
Buying Property/Investing in the
The right to give gift to ones Tax-exemption will be allowed
Name of Siblings parents is blurred as the Benami if he/she has purchased the
The Benami Transactions Act forces you to put your name property, along with stamp
(Prohibition)Amended as a joint account-holder to duty and registration charges,
Act, 2016, states, Benami avoid being called benami asset. from the sale proceeds of own
transaction exception will be Proper documentation is a must property. The name on the new
when the property is held by property, if it is jointly held,
any individual in the name of should not result in lower tax
his brother or sister or lineal ascendant or descendant, exemption for the individual who paid for the property.
where the names of brother or sister or lineal ascendant The property may be in a joint name due to various
or descendant and the individual appear as joint- reasons, including providing security to a family member,
owners in any document, and the consideration for such and to avoid possible disputes. The I-T department
property has been provided or paid out of the known wanted to restrict the tax-exemption to 50% because of
sources of the individual. So, you should not make a joint ownership. But ITAT noted that the taxpayer himself
financial investment in the name of your siblings, unless has paid for the new property fully and that the brother
you are joint account-holder. Lawyers suggest that a was made joint owner for the sake of convenience.

The Powerful Black Money Act

T he Black Money (Undisclosed Foreign Income and


Assets,) and Imposition of Tax Act, 2015, which
came into effect from 1 July 2015, aims to curb black
The Black Money Act is the Indian way of ensuring
declaration of foreign accounts. It is possible that
people putting money in Panama and tax havens may
money, or undisclosed foreign assets and income and get away, but those genuinely paying taxes can be
imposes tax and penalty on such income. For financial harassed if they do not declare their legitimate foreign
year 2014-15, the Central Board of Direct Taxes account which may have been opened several years
(CBDT) directed all resident Indians to disclose their ago when they were NRIs. Similar to the Black Money
foreign accounts in the I-T returns. The idea is to find Act, US is using Foreign Account Tax Compliance Act
unaccounted wealth of resident Indians stashed in a (FATCA) as a tool to find undeclared foreign accounts
foreign country. The amount in an undeclared foreign held by US taxpayers. FATCA is a masterstroke by
account can be considered to be black money even if it the IRS (Internal Revenue Service) of the US. There
is a legitimate account. Today, it is no longer just about are a large number of US residents and non-residents
taxation but also compliance. This can be a cause of (staying in India) who have been evading taxes. FATCA
worry as the Black Money Act has hefty penalties for forces declaration of accounts held outside US. It can
violations. But non-resident Indians (NRIs) were not also affect those who are paying taxes, but are still not
covered by the directive to disclose foreign accounts. in compliance for accounts declaration under FATCA.

MONEYLIFE | 13-26 Oct 2017 | 38

Cover Story.indd 6 06-10-2017 16:37:53


COVER STORY

Benami Act: Impact on Real Estate Prices

M edia articles quote experts who say that the


Benami Act may force benami property-owners
to sell their properties at rock bottom prices and these
resold to the actual owner. If a benami property is
sold to a third party and the transaction concluded by
way of registry of the sale, the department can attach
distress sales may help bring only the proceeds from the
down property prices. But this sale but not the property. If a
has not happened so far. It is benami transaction is found
possible that those with benami by authorities, but it has been
property transactions may have transferred to a third party,
found their way out just like the officials can send notices
those with hoarded cash did to the current owners to get
not get stuck with banned notes clarifications about the status
after demonetisation. Under the of the property. The current
amended Act, a property cannot owners will have to prove that
be transferred back to the original owner. Once an asset they are not the original beneficiaries of the benami
has been marked benami, it cannot be sold further or transaction or proxies.

Benami versus Gifting immovable property, you have to draft the document
A property/financial asset bought with a gifted amount on a stamp paper, have it attested by two witnesses and
cannot be treated as a benami property, provided the gift register it. To gift immovable property, registering a gift
is irrevocable and the property/financial asset is not held deed with the sub-registrar of assurances is mandatory
for the immediate or future benefit, direct or indirect, of as per Section 17 of the Registration Act, 1908, failing
the person who has provided the consideration. The gift which the transfer will be invalid. Besides, such a transfer
has to be genuine to ensure that Benami Act does not is irrevocable. Once the property is gifted, it belongs to
get applicable. Avoid misuse of gifting to help get higher the beneficiary and you cannot reverse the transfer or
interest rate or to shirk the responsibility of paying taxes. even ask for monetary compensation.
What is important is that the gift must be genuine. However, if you want to gift movable property, like
It is not mandatory to document a gift. However, it is jewellery, registration is not compulsory. At the same
advisable to do so where transfer of substantial amounts time, a mere entry in an account book is not sufficient to
and property is involved. The clubbing provisions are establish a transfer. Apart from physically handing over
not dependent on the documentation. Gifting a financial the property, you need to back it with a gift deed. Once
asset to your spouse or minor child will be clubbed again, get a gift deed drawn and executed to complete the
with your income. A gift deed allows you to transfer transfer, but the document need not be registered. Make
ownership without any exchange of money. To gift the gift deed on the stamp paper even if registration is
not required.
The right to give a gift to ones parents is blurred as
Get reward for being the Benami Act forces you to put your name as a joint
account-holder to avoid being called benami asset.
benami property informer Proper documentation can prove that the gift is not a

M edia reports suggest a government initiative


that may be started soon. Government may
give a reward of between Rs15 lakh to Rs1 crore
sham. Taxpayers should be worried about the Benami
Act as it targets not just those who indulge in corruption.
A financial asset is a responsibility; if you are careless
to informers who provide tip-offs to investigative in handling finances, you may be careless in handling
agencies in connection with benami properties. The account ownership (single, joint) and nomination. Being
tip has to be specific to qualify for the reward. The careful with finances and holdings will ensure your
identity of the informer will be kept secret. Time will money is safe from the government so that you and your
tell how the reward scheme helps to unearth benami family have uninhibited access to it. Dont let the Benami
properties. Act raise suspicion and questions which you are unable
to answer.

39 | 13-26 Oct 2017 | MONEYLIFE

Cover Story.indd 7 06-10-2017 16:39:50


StockWatch Stocks and sectors that catch our eye

S H E MA R O O E NT E RT AINM E NT Syndicating movie rights to TV channels is one of its


major revenue contributors. Thee quality of movies
Is Old, Really Gold in is very important as it aids rating channels
g for TV chan
(movies-only channels) and also general
ner entertainment
the Digital Age? channels. With the proliferation of new TV channels,
demand for content is going up and channels approach

S
hemaroo Entertainment buys copyrights of Shemaroo. Shemaroo then sells limited copyright to the
media content (movies, TV programmes) and channels.
distributes them through various platforms such India is witnessing a massive shift towards digital
as TV channels, Internet video and also sells the same media. Video streaming accounts for 49% of mobile
content on video compact discs (VCDs) & digital video data consumption in India in 2016. The move has
discs (DVDs). Shemaroo was established in 1962 as been accelerated by Reliance Jio which is giving mobile
a circulating library broadband data at a
for books. It became very low price. Access
a video cassette to Internet is also
circulating library faster than ever before
in 1979. Today, it with the advent of
has copyright for 4G. Increasingly there
over 3,500 titles is a shift towards
and continues to digital media, or
acquire new titles. new media which
Shemaroo has a long- includes Internet
standing relationships services (YouTube,
with various Hotstar, Hooq, Apple
movie production iTunes, Google Play,
companies such as etc) and mobile
RK films, Red Chillies Entertainment, Tips Industries, value-added services. Hence, Shemaroo expects a
Viacom18, Nadiadwala Grandson Entertainment, etc, rise in content acquisition budget for its customers
to source entertainment content. Shemaroo has adapted as well as advertisement budget on digital media,
itself to changing media consumption patterns across especially YouTube. Since customers have moved to the
various media platforms. segment, Shemaroo has set up various revenue models
These platforms can be divided into two major across different platforms like pay per transaction,
categories, viz., traditional media and new media. subscription and advertisement supported (free for
Traditional media includes (which accounts for customers). With the large library the company has,
approximately 75% of revenues) selling content to Shemaroo can also slice and dice content and package
TV broadcast channels, home entertainment (VCDs it in a different ways, for example, small YouTube clips
& DVDs) and other niche segments such as in-flight of different movie scenes, music videos, etc. Shemaroo
entertainment, international film festivals, etc. has a strong presence and relationship in digital space

Disclaimer: None of the stock information presented constitutes a recommendation or a solicitation of any offer to buy or sell any securities. Information presented is general in nature that does not take into
account your individual circumstances, financial situation or needs Although information has been obtained from and is based on sources we believe to be reliable, we do not guarantee its accuracy and the
information may be incomplete or condensed. All opinions and estimates constitute our judgement as on the date of the report and are subject to change without notice. Past performance is no indication of future
results. Investors must do their own research before acting on them. Data Source: Centre for Monitoring Indian Economys Prowess database.

Those who have subscribed to the stockletters should only follow the stocks recommended there.

MONEYLIFE | 13-26 Oct 2017 | 40

StockWatch.indd 2 06-10-2017 16:21:37


STOCK WATCH

where a lot of content is already deployed. It has also (rights acquisition) ratio. The sales/inventory ratio is
entered into licensing tie-up with VuClip, a platform constantly reducing (less sales, more acquisition); but
owned by PCCW, a content syndicator based in Hong with the acquisition phase being over, the management
Kong. The YouTube views of Shemaroo content grew now intends to monetise this content; so, gradually, the
rapidly from 50 million per month in June 2014 to ratio will start moving up.
over 300 million a month in June 2017.
Is the Business Model Sustainable?
Lower-Risk ModelFor Now Investors in this stock expect that revenues from the
After the release of a movie, about 80% to 90% of new media segment, which is witnessing a phenomenal
revenue is generated from what is known as the first growth, will be the engine for the future. The new
cycle of a movie when it is released in theatres and then media industry is growing at a rate of 30%-35%;
its copyrights acquired by various TV channels or other
content aggregators at a very high price. At this stage,
it is not very clear which movies will be successful;
Revenue Break-up
Rs Cr
hence, there remains a risk. Shemaroo is not present at 350
this stage; it acquires movie copyrights in the second 300
cycle which generally starts after five years. By this
250
time, it is known what has worked and what hasnt
200
and, therefore, it is easier for Shemaroo to select the
content carefully, thus reducing the risk of not being 150
able to monetise that content. This makes Shemaroo 100
a preferred option for any new player in digital or 50
traditional media which wants to source good content
0
for its new platform. 2012 2013 2014 2015 2016 2017
Entertainment is a hot sector; new media are
Traditional Media New Media
mushrooming; and Shemaroo is one of the largest
content syndicators. So it should be minting money,
right? However, Shemaroos cash flows, so far, have Shemaroo expects to grow faster or at least at the
been negative. This is so because, since 2012, it has industry average. Moreover, the new media segment
focused on building up its content library not just also has a better operating leverage; hence, operating
monetising it. So, each year, the outflow on acquiring costs do not rise much with high revenue growth;
content has been more than inflows from new media. thus operating margins increase. However, Shemaroos
There is another reason for the negative cash flows: investment attractiveness remains unclear due to three
accounting treatment of rights. Rights are treated as factors: competition, no growth of old media and
raw material (inventories in trade parlance) and have extreme difficulty in getting revenues from new media
to be written off in the year of acquisition; but it commensurate with the growth. Therefore, it is not
can be monetised over many years. According to the clear what kind of management plus technology and
management, Shemaroo is almost near the end of the financing structure is required to make things work in
content acquisition phase. This will reduce the outflows the digital age. Lets start with competition because this
and improve cash flows, especially since it will continue will make or break Shemaroo.
to monetise this content now. The key performance Competition: Indeed, we are not even sure if Shemaroo
indicator to look for here is sales to inventory understands this competitive strength of two of the
worlds biggest digital media aggregatorsNetflix
Key Performance Indicator (in Rs crore) and Amazon Prime Videowho are in India now.
Shemaroo doesnt see them as competition but allies
Financial Year Gross Sales Inventory Sales/ Inventory
Ratio because, to have a good Bollywood collection, they
need content syndicators like Shemaroo. We dont
2014 264.61 200.51 1.32
agree; Netflix and Amazon are not neutral platforms
2015 323.45 288.68 1.26
but content aggregators like Shemaroo and also
2016 375.05 387.64 0.96 produce original content. Secondly, Shemaroo argued,
2017 425.53 500.43 0.85 in a conference call, that Netflix and Amazon Prime
are going after first cycle Bollywood films. This has

41 | 13-26 Oct 2017 | MONEYLIFE

StockWatch.indd 3 06-10-2017 16:22:35


3 Long-term Stockletters
for Excellent Returns
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turned out to be incorrect. More than half the content TV18, Hiren Gada, whole-time director & CFO,
of Netflix and Amazon comprises old films. Amazon said that Shemaroo is focusing on the new media as
and Netflix are like Shemaroo only apparently. Their traditional media revenues are consolidating, a polite
much deeper pockets, management bandwidth and, way of saying that it is not growing. The official line is
importantly, strong technological strengths make them that India is a consumption-driven economy, so there
very tough competitors. will be increased spending on advertisement, over time.
Challenges of New Media: Digital media has three We disagree with this optimism. The broadcast media
critical features. One, while growth is fast, it does not is struggling. Except Zee, Star, and a few regional
bring in large revenues. This is because lots of stuff is channels, all others are losing money. And so are
free and cannot be monetised. People are used to free distributors (cable and satellite companies). A supplier
chat on WhatsApp, free Facebook, free search, free to a struggling sector usually has no competitive edge.
newspapers, free emails, etc; they are reluctant to pay As the digital media reduce everyones profits and take
much for other digital services. This is a huge negative eyeballs away from TV channels, there will further
for Shemaroo. Two, this means that players in the compression of margins of everyone associated with
new media must somehow have access to unlimited the broadcast business. Shemaroo showed a slow
low-cost capital to keep growing. Shemaroo does not growth year-on-year (y-o-y) in sales and profitability
have access to capital like Amazon and Netflix do. in quarters ending December 2016 and March 2017,
Three, true digitisation of businesses means that, for whereas the revenue growth in March 2017 was
the first time in history, business owners can leverage negative. This can be seen in the table below.
customers explicit behaviour and latent desires to
give them what they want, on a mass scale. This
Erratic Growth
is achieved by capturing each customer interaction
on digital platforms, allowing business owners to Quarter Sales Operating Net Profit
Growth Profit Growth Growth
extract more lifetime value from its customers. This
March-16 18.5% 34.9% 42.3%
interactivity is much deeper than passively making
available lots of choices, as happens in a department June-16 22.5% 36.8% 39%
store. As Bernadette Jiwa, a marketing expert, puts it September-16 20.4% 41.2% 45.1%
We are the first business owners in history who know December-16 11.6% 16.1% 14.7%
what our customers are thinking, feeling and doing March-17 -8.6% -16.1% -30.3%
even when they are not in our presence. Amazon and
June-17 7.6% 2.3% 1%
Netflix would be focused on this knowledge. We are
not sure Shemaroo will invest in this capability. Its a
different skill-set. Shemaroo will have to be as much a We are not sure whether the slowdown was due to
technology company as it is now a content-aggregating demonetisation; if so, there could be a pick up in the
company. coming quarters. But we dont see much of a long-term
Stagnant Old Media: In an interview with CNBC strength in the traditional media business.

K N R C o n s t ruc t ions projects, which have a great scope in the future.


KNR claims to have executed more than 6,000 lane-
Will Growth kilometre (km) road projects across 12 states. It has
four build, operate and transfer (BOT) projects of
Accelerate? 778 lane-km in Telangana, Karnataka, Kerala and
Bihar and has signed a share purchase agreement

K NR Constructions (KNR) is an infrastructure


development company with high-value projects
across segments such as expressways, national
along with Patel Engineering Limited (PEL) to sell
its entire equity stake in two road BOT assetsPatel
KNR Infrastructure Limited and Patel KNR Heavy
highways, state highways and rural roads, flyovers, Infrastructure Limitedto an Essel group company.
bridges and viaducts, irrigation projects, urban The enterprise value of both assets put together for this
development, civic amenities and commercial and transaction is Rs850 crore.
residential projects. It aims to add more business It has a strong engineering, procurement and
verticals such as elevated metro rail and railway construction (EPC) order-book of Rs3,338.8 crore as

MONEYLIFE | 13-26 Oct 2017 | 44

StockWatch.indd 4 06-10-2017 16:22:59


STOCK WATCH

on 30 June 2017 comprising Rs2,844.8 crore in roads increased 124% y-o-y from Rs30 crore in the June
sector, Rs490.7 crore in irrigation and Rs3.3 crore 2016 quarter to Rs68 crore in the June 2017 quarter.
in others. Some 37% of the order-book is for state Other income in the June 2017 quarter was 15% of the
governments and 55% for the Central government. operating profit. This was due to an income-tax refund
About 6% are international orders (from Bangladesh). of Rs37 crore on which it also got Rs7 crore interest.
The management said, in a conference call, that tenders Depreciation was up 85% y-o-y, from Rs13.17 crore in
have decreased in the the June 2016 quarter
first quarter of FY17- to Rs24.38 crore in
18 due to Goods the June 2017 quarter
and Service Tax and due to revision in the
higher costs for land estimated life of the
acquisition. KNR assets for the irrigation
has bid for Rs1,400 project in Telangana.
crore in the irrigation While the company
segment and a few performed well in the
bids in hybrid annuity June 2017 quarter, the
model (HAM) projects. management expects
The results for these the performance of the
bids are awaited. The company to decline in
outstanding tenders, the second and third
results for which the company is awaiting, are worth quarters of FY17-18 due to the rains. At a recent
Rs3,000 crore-Rs4,000 crore. KNR plans to obtain analysts conference, it gave a revenue guidance of
orders worth Rs2,000 crore-Rs2500 crore in FY17-18. Rs1,700 crore for FY17-18 and Rs2,000 crore in
The management said that it wishes to focus on HAM FY18-19. Assuming a profit margin as the average of
projects especially in south India since the number the margin of the past six quarters (10%), we arrive at
of bidders on HAM projects are fewer and many a profit of Rs170 crore for FY17-18 and Rs200 crore
HAM projects (about 80) will come up for bidding in for FY18-19. Taking the most recent available market-
the next 4-5 months. This segment is becoming less capitalisation of Rs2,904 crore, the price-to-earnings
competitive, bids are more reasonable and margins are ratio (P/E) of FY17-18 is 16.5 and FY18-19 is 14.5.
higher. The management hopes to bag orders worth The current P/E is 14.92.
Rs2,500 crore and grow by 10% in FY18-19.
One of the unique selling points of the company is
early completion of its projects. KNR has a long list Consolidated Profits (Rs Crore)
of clients including National Highways Authority of Stand-alone 157.25
India (NHAI), Andhra Pradesh Road Development KNR Constructions 150.49
Corporation (APRDC), Ministry of Road Transport
Subsidiaries -39.67
& Highways (MoRTH) Hyderabad Growth
Non-controlling interest in all subsidiaries -16.15
Corridor Limited (HGCL), Karnataka State Highway
Improvement Project (KSHIP), Karnataka Road Associates 4.12
Development Corporation (KRDCL), Madhya Pradesh Joint Operations -3.13
Road Development Corporation Limited (MPRDCL) Others -37.17
and Bruhat Bangalore Mahanagara Palike (BBMP). The Consolidated 98.76
Walayar Tollway, which was completed a month before
its deadline, caters to commercial traffic towards Kochi
Port and Kochi International Container Transhipment While the stand-alone revenue of the company was
Terminal. Rs1,541 crore for FY16-17 the consolidated revenue
KNR has been performing well in the past quarters. was Rs1,679 crore. The standalone net profit was
The sales jumped 59% year-on-year (y-o-y), from Rs157.2 crore while the consolidated net profit was
Rs303 crore in the June 2016 quarter to Rs480 crore Rs98.76 crore. The consolidated net profit was low due
in the June 2017 quarter. The operating profit shot up to the losses of the subsidiaries and joint ventures. On
93% y-o-y, from Rs44 crore in the June 2016 quarter a consolidated basis, there was hardly any profit
to Rs85 crore in the June 2017 quarter. Net profit growth.

45 | 13-26 Oct 2017 | MONEYLIFE

StockWatch.indd 5 06-10-2017 16:24:39


STOCK WATCH

UN UOTED
STORIES OF PRICE MANIPULATION

Antarctica (Rs1) Kazakhstan and Nepal. The fact is that


(Rs) it has hardly any business. Sales for the

A ntarctica Ltd claims, on its 2 June 2017 quarter were Rs44.78 lakh
website, that it started off while sales for the March 2017 quarter
with providing pre-press services; were Rs40.96 lakh. It reported a loss of
diversified into printing on a job- Rs17.2 lakh in the March 2017 quarter
work basis with multicolour offset 1 and a meagre profit of Rs4.3 lakh in
printing machines and, now, is in the the June 2017 quarter. It neither pays
packaging and printing business. The tax nor declares dividend. Despite
company was earlier called Antarctica 850% such poor performance, the stock rose
Graphics Limited and, according to 0 850% from Re0.1 on 24 March 2015 to
www.watchoutinvestor.com, it was 24 Mar-15 24 Mar-16 24 Mar-17 Re0.95 on 29 September 2017, after
suspended from trading by the Bombay rising to as high as Rs1.85 in February
Stock Exchange on 30 November 2007 packaging and manufacturing tea bags. 2016, at which point it was up by
for not complying with the listing Antarcticas packaging/printing unit 94.75%. The promoter shareholding
agreement. The company now claims is located at Falta Export Processing in the company is only 31.63%. This
to be into carton box manufacturing, Zone (Free Trade Zone) about 50km looks like a clear case of manipulation,
book printing and finishing, from Kolkata and claims to export to but do you expect market regulators to
manufacturing labels, contract Sri Lanka, the Middle East, Russia, bother?

MARKET TREND

Managing the Mood channels for the first time in three years
to argue for the government, it seems

Athe index suffered further sell-off and fell all the


fortnight ago, the Sensex was at 31,922. Thereafter, to be paying attention to the discontent
on the ground. This regime came to
way to 31,081. On 6th October, it is at 31,814. There is power by combining voters anger with
a nagging and rising suspicion among investors that the the previous regime and catchy slogans, promising a
economy is in a mess after two seriously botched up glorious future. These easy-to-swallow bites were pushed
movesdemonetisation and Goods and Services Tax. through social media channels where they got shared
Foreign institutional investors (FIIs) are continuous sellers. among millions of voters.
v These same channels are now
After having sold over Rs12,000 crore re worth of equities being used by the C Congress Party and Modi detractors
in August and over Rs10,000 crore in n September, to highlight
high the gap between the promises
they were net sellers also in the first
st two and performance of the government
trading days of October. However, as less than two years remain for the
domestic investors continue to next
n elections. Perhaps the endless
pour money into mutual funds negative
neg chatter on social media has
and, hence, net mutual fund reached
reac the governments ears. Amit Shah
purchases are more than enough to the
o staunch th
he net had to abandon his high-voltage rallies
FII selling. Even in August and September,
ember, compared to in Kerala
K and rush back to have a high-
around Rs23,000 crore of FII selling,, buying by Indian MFs level
leve discussion with prime minister Modi
was over Rs33,000 crore. Is this a cushion for the market? and finance minister. If the government pays attention
But even Modi fans admit that the economic mood and corrects course, the indices will be headed higher,
has turned negative. While the government is publicly especially since the market has now distinctly shifted into
brazening it out by having ministers appear on news the hands of domestic investors. Debashis Basu

MONEYLIFE | 13-26 Oct 2017 | 46

StockWatch.indd 6 06-10-2017 17:53:05


lrc.moneylife.in

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LRC.indd 2 24-08-2017 16:44:54


TAX/ FIXED INCOME

Perils of Claiming Wrongful I-T Deduction


T
here are various Sections rebate ranging from Rs50,000 to treatment (including nursing),
under which tax deduction Rs1 lakh. The I-T practitioners took training and rehabilitation. The
can be claimed, to reduce around 10% commission from the limit is Rs1,25,000 for those with
your taxable income while filing IT employees. The total loss to the 80% disability. Those claiming the
income-tax (I-T) returns. For I-T department in these cases is deduction will have to produce
example, Sections 80C, 80D, 80G, Rs1.36 crore. a medical certificate granted by
80GG, 80TTA and so on are some Under Section 80U, a deduction prescribed medical authority,
of the commonly used Sections for Rs75,000 is allowed for those defined as a civil surgeon or
claiming tax deductions. At the who are suffering from 40% chief medical officer (CMO) of a
time of filing I-T returns proofs disability while a deduction of up government hospital, a neurologist
do not need to be submitted with an MD in neurology
to claim these deductions. and, in case of children, a
But fraudulently claiming of paediatric neurologist having
deduction is tax evasion and an equivalent degree. However,
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can be verified, if there is claimed for the same disabled
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There are media reports available under 80DDB for
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in the city criminal court treatment of specific diseases
that at least 200 information such as neurological diseases,
technology (IT) employees malignant cancers, full blown
faked disability and chronic illness to Rs1,25,000 is allowed for those AIDS, chronic renal failure, and
of family members to fraudulently with 80% of disability. Under hematological disorders. The
claim I-T refunds. Two I-T Section 80DD, deduction is allowed amount is Rs40,000 or the amount
practitioners processed the dubious to taxpayers who have dependents actually paid, whichever is lower.
refund claims by stating that their with disability. For a dependent For senior citizens, the upper limit
family members suffer from chronic with 40% disability, a deduction of is Rs60,000 and, for very senior
illness. Each one of them got a Rs75,000 is allowed for the medical citizens it is Rs80,000.

G-Sec Yields Up
Issuer Maturity Next Last Yield ISIN Rating

T en-year benchmark G-Sec yield, Date Coupon (%)

which sets the tone of the fixed- Axis Bank 8.75% 14-Dec-21 14-Dec-17 8.75 INE238A08427 CRISIL AA
income market, has increased by four (unsecured)

basis points (bps) in the last fortnight ICICI Bank 8.55% Perp 20-Sep-22 20-Sep-18 8.57 INE090A08TZ5 CARE AA+
to end at 6.63% on 4th October. Dewan Hsg Fin 9.25% 09-Sep-23 09-Sep-18 8.47 INE202B07IO3 CARE AAA

NSE data as of last trade date of 3 October 2017

G-Sec Maturity Yield to CRISIL AA+


Bank of Baroda 8.65% Perp 11-Aug-22 11-Aug-17 8.88 INE028A08117
(unsecured)
Date Maturity
IndiaBulls Hsg Fin 9.10% 16-Aug-26 16-Aug-18 8.55 INE202B07HU2 BWR AAA
01 December 2044 7.31
BWR AA
22 June 2045 7.29
U.P Power Corp Ltd 8.48% 15-Mar-27 15-Mar-18 8.4 INE540P07178 (structured
19 December 2034 7.20 obligation)

G-Sec yields on 4 October 2017 BSE data as of last trade date of 3 October 2017

MONEYLIFE | 13-26 Oct 2017 | 48

Fixed Income.indd 1 06-10-2017 16:43:10


MONEYLIFE
ADVISORY
FIX YOUR FINANCES, FOREVER

Ask Vijay Kedia about Stocks


A free resource from Moneylife Advisory, in investor interest

This is a basic resource for stock-related queries for retail investors under the initiative of
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How do you collect the data for understanding problem is temporary, one may hold. If there is a
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Ask vijay kedia Ad.indd 2 28-07-2017 17:00:56


CYBER SECURITY PRASHANT MALI

Rise of Revenge Porn in India


A
bout a month ago, I received a call from Nashikat As it happens, I am handling at least two cases every
the other end of the line was a lady who sought an month where an educated boy from a respected family
appointment with me in a very subdued voice. I either posts his nude pictures or videos of his ex-girlfriend
allocated a date and time and, to my surprise, found two on various websites, or pastes the girls face on some nude
very young girls, one of them accompanied by both her body and makes it go viral to demolish her reputation and
parents. Their story is tragic and has left a deep scar on make her existence hell.
me, both as a lawyer and a human being. Another case that I want to narrate is that of another
One of the girls had filed a complaint against her respectable family from Pune. Such is the irony of our
boyfriend (she was still in a profession that, in this case, I am
relationship with him) and he on the side of the boy, as a defence
was arrested. The boyfriend owns lawyer and bail specialist. This boy
a bungalow and has a job with was going steady with a girl who
WNS, a IT company. He had shot allegedly married another man,
nude pictures and videos of the girl even when she was in the thick of
and posted them on as many as an affair with him. This accused, an
125 websites and forums, causing engineering graduate, in a fit of rage
them to go viral. The posts had made a Facebook page of the hospital
lurid descriptions about her body where the girl is working. He used it

Picture For Illustration Only


referred to her in abusive terms like to upload a series of videos of their
Ran**. The story of the second girl private moments. These sexually
was even worse. In this case, the boy explicit videos came to the attention
was her school friend. He had lured of hospital management and they
her into a sexual relationship with filed a case against unknown persons
the promise of marriage. He took with the cyber-crime police. During
her to his bungalow, shot explicit the investigation, the police allegedly
videos of private sexual acts and The story of the second traced the IP address of my client
uploaded them on a website with and he was arrested.
captions that depicted the girl as a
girl was even worse. In Under Section 67A of the IT
prostitute soliciting a client. this case, the boy was Act, 2000, anyone who transmits
What is scary is that even as I her school friend. He had sexually explicit pictures or videos
write this article, the nude pictures lured her into a sexual can be punished with imprisonment
and videos are available on the relationship with the up to seven years and a fine that can
websites and can be accessed by promise of marriage. He go up to Rs10 lakh. It is a cognisable
anyone typing her name and adding and non-bailable offence. Worse, the
postfix of nude photos in a Google
took her to his bungalow, media coverage alone can destroy the
search. Despite a court order, the shot explicit videos life of the accused and the victim,
police are unable to remove these but affects the woman a lot more.
photos and videos and the girls are Through the two cases mentioned
left to fend for themselves. I have taken up this case above, which I represented from opposite ends, I want the
pro-bono and opposed granting bail to the accused as readers to realise that, as a society and family, we need to
intervener lawyer in all courts including the High Court. counsel the young to deal with heartbreaks. We also need
The only relief is that the accused boy is still in jail as he to watch for signs of the psychologically unwell and deal
is a threat to society. with it before it goes out of hand.
This an exampleof revenge pornthe publication/
sharing of explicit material portraying someone who has Advocate Prashant Mali is the President,
not consented to the image or video being shared. Indian Cyber Law Consulting, author &
law makes it illegal to transmit a private sexually explicit speaker. Email: prashant.mali@
photograph or film with or without the consent of the cyberlawconsulting.com
person depicted in the content.

MONEYLIFE | 13-26 Oct 2017 | 50

Cyber Security.indd 1 05-10-2017 21:19:26


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MSSN - Unbiased.indd 1 15-12-2016 18:10:29


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income will be taxable as capital


gains. It seems that we are talking of

Queries
At Moneylife Foundations
stage 2 of the taxation. The shares
were allotted 10 years ago; hence,
the shares will be treated as long-
term capital asset and the resulting
gain will be taxed as long-term
capital gain (LTCG).
Tax Helpline
Ask tax-related questions at moneylife.in/taxhelp. Its free Tax Liability of an NRI

Rebate on Home Purchase FY13-14 or FY14-15 (in specified


situations). However, the time limits
M y cousin has acquired British
citizenship. He has properties
in India. Does he have to pay tax

I have bought a property worth


Rs25 lakh. The loan was
sanctioned in 2013. But the builder
for revising FY13-14 and FY14-15
returns have expired. Unfortunately,
you will not be eligible to the
on those properties now that he
is a British citizen? He has a PAN
(permanent account number) but
handed over possession of the flat deduction under Section 80EE. You does not have, and is not eligible for
in 2016. The house registration would, however, be entitled to the an Aadhaar, linking of which has
was done in July 2016. It is my first regular deduction under Section 24 been made mandatory recently.
property. To claim tax rebate of for the home-loan interest on the
Rs50,000 under Section 80EE, the self-occupied house up to Rs2 lakh Ameet Patels Reply:
loan should be taken in FY16-17. Is for FY16-17. Any income that arises/accrues
there any way I can claim the rebate in India or is received in India
under Section 80EE? Tax on ESOPs is taxable in India for all. For
non-residents (whether citizen or
Ameya Kuntes Reply:
Section 80EE provides for
additional deduction for home loan
A bout 10 years ago, as an
employee, I was allotted
employees share options (ESOPs) in
otherwise), the same rule applies.
If someone has more than one
residential property (and if none of
interest to the first-time an unlisted public limited company them is rented out),
home-buyers. One of in India. The company in which any one property
the key conditions I hold ESOPs is acquired by a will be considered as
for claiming the European company. If I receive a self-occupied (and,
deduction u/s 80EE, consideration against my ESOPs, therefore, having NIL
as amended by the how should I calculate the amount income). The other
Budget 2006 (i.e., Finance Act, of income-tax that I need to pay? property(ies) will be considered to
2016) is that the loan must be be deemed to be let out and the
sanctioned during FY16-17. Since Subodh V Shahs Reply: owner will need to compute the
your home loan was sanctioned in ESOPs are taxed in two stages: deemed income for such houses
2013, you would not be eligible for 1. At the time of exercise of the and include that income in his/her
the additional deduction for home option. The taxable amount will computation. After that, if the total
loan interest under Section 80EE be the difference between the fair income exceeds the threshold limit
as applicable for FY16-17. Section market value (FMV) for that year, tax will have to be
80EE was originally introduced and the exercise paid and return of income will also
in the 2013 Budget (i.e., Finance price and will be have to be filed. If any property is
Act, 2013). The original Section taxed under the actually rented out, obviously, the
provided for additional deduction head Income from rental income has to be included
up to Rs1 lakh for home loan Salaries. in the computation. Aadhaar is
availed in FY13-14. Applying the 2. At the time of sale of the shares. not mandatory for non-residents.
old Section to your facts, in my Consideration received less cost of Therefore, for your British cousin,
view, you were eligible for the acquisition (being FMV considered there is no requirement of linking
additional interest deduction in for taxation of perquisites). This PAN and Aadhaar.

MONEYLIFE | 13-26 Oct 2017 | 52

Tax Queries.indd 2 03-10-2017 20:24:42


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Android: https://goo.gl/WibB9p iOS: https://goo.gl/saekdW WhatsApp
HERE WeGo: Offline Maps &
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O ften, we need to send our current location to our
friends/relatives. Doing so from other apps is not
so convenient. WhatsApp allows us to send our current
location
loc directly to the receiver in three

H ERE WeGo is a free app that makes city (in any city)
navigation effortless. With detailed routes, turn-by-
turn guidance and information about
easy steps. 1. Select the person or group
to whom you wish to send your current
location. 2. Select attachment (the
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only app you need, to get through rright of your screen 3. From the list of
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t shown, select location and send
your route before you leave. Turn-by- thats it. Your location will be immediately visible to the
turn guidance keeps you stress-free receiver(s) on their phones on Google maps. This simple
behind the wheel. The maps can be trick will save you lots of time and help you communicate
used offline, saving you data charges. You can download your location speedily and efficiently!
the maps before you leave, so that you can keep using
the maps even when there is no signal. Offline maps are Yazdi Tantra is a chartered accountant
available for most cities across the world. by training, computer consultant by
HERE WeGo has public transit information for 1,300 profession, entrepreneur-developer by
cities including New York City (NYC Subway, NYC Bus), hobby and trainer in his leisure time.
He is currently the vice-chairman of
San Francisco (BART), Chicago (CTA), Boston (MBTA), Zoroastrian Co-operative Bank Ltd
London (TfL), Berlin (BVG), Munich, Paris, Barcelona, and has been running a medium-sized computer
Madrid, Rome, Milan, Vancouver, Toronto, Sydney, company ON-LYNE for the past 24 years.
Melbourne and many more. Go where and when you

MONEYLIFE | 13-26 Oct 2017 | 54

Tantra - column.indd 1 03-10-2017 18:12:20


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MSSN Handholding.indd 1 15-12-2016 18:07:06


WEIGHT LOSS FROM that type-2 diabetes can be
BLACK TEA? controlled if patients lose

C ould it be that black


tea may promote
weight loss by changing
MEDICAL DEVELOPMENTS FROM
AROUND THE WORLD
12kg-15kg or so. Type-
2 diabetes is considered
incurable; but evidence is
bacteria in the gut? growing that it is curable
In a study of mice, scientists at When measured after four weeks, if certain steps are taken, according
University of California Los Angeles the weight of mice that were given to a study headed by Professor
(UCLA) have found that black tea green or black tea extracts was Mike Lean of Glasgow Universitys
alters energy metabolism in the liver down to the same levels as those Human Nutrition Section. Prof
by changing gut metabolites. The that were given the low-fat diet. Lean points out that, currently, 488
study, published in the European The results suggest that both
Journal of Nutrition, found that green and black teas are prebiotics,
both, black and green tea, changed substances that induce the growth
the ratio of intestinal bacteria of good micro-organisms that
in animals. Apparently, this led contribute to a persons well-
to a fall in the ratio of bacteria being, said Susanne Henning,
associated with obesity and, at the the studys lead author and an
same time, bacteria associated with adjunct professor at the UCLA
lean body Center for Human Nutrition. Our
mass new findings suggest that black
tea, through a specific mechanism drugs are licensed worldwide to
through the gut microbiome, may treat type-2 diabetes by lowering
also contribute to good health and blood glucose levels. They are
weight loss in humans. not treating the disease process,
Dr Zhaoping Li, director of the he said. He was quoted as saying
UCLA Center for Human Nutrition, that Not only is type-2 diabetes
chief of the UCLA Division of preventable by not getting fat, but
Clinical Nutrition and the studys as long as you get in early after the
senior author, was quoted as saying disease is establishedin the first
increased. that the findings suggest that the five years or soyou have a better
In the study, four groups of mice health benefits of both, green tea than even chance of becoming
were given four different sets of and black tea, go beyond their non-diabetic. This information is
diets. One was given low-fat, high- antioxidant benefits, and that both hardly known, because it is rarely
sugar and the other high-fat, high- teas have a strong impact on the gut recorded officially. Type-2 diabetes
sugar. A third set of mice got the microbiome. now affects 5%-10% of the UK
same as the first with added extract population and about 10% of total
of green tea. And a fourth set of GET LEAN, CURE DIABETES National Health Service expenditure
mice got the same diet as the second
with added extract of black tea. A report published by the British
Medical Journal (BMJ) says
in that country goes into treating
the condition.

Eating a health food?


But what about financial health?
For subscription offers that
The best wealth food. are a steal, look for a form
elsewhere in this issue or our
Once every fortnight website at www.moneylife.in

MONEYLIFE | 13-26 Oct 2017 | 56

Health.indd 3 06-10-2017 16:45:19


TION
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Donate Ad.indd 1 26-07-2017 11:06:40


LEGALLY SPEAKING SD ISRANI

Reputation No Guarantee
A
s consumers, we have always been made to believe Commission (NCDRC) about the reasons for the delay
that well-known brands are generally reliable, that in filing the petition and seek condonation for the delay
dealing with reputed companies ensures proper in filing. The counsel for Hawkins contended that the
performance of the product and, in case of any problem, 47 days delay in filing of the petition was unintentional.
the company will come to the rescue of customers. How In fact, the company claimed that the delay took
often have we heard that it is safer to use good products place because of bureaucratic procedure involving taking of
from established companies and, to an extent, this is right. legal opinion and getting permission from the headquarters
In other words, a consumer feels assured while dealing of petitioner-company to file the revision petition. By
with a familiar name that has been around for a long time; taking such a stand, Hawkins had shown itself in poor
the name becomes a guarantee of service. Unfortunately, it light.
can happen that not every reputed company cares for an NCDRC made references to several cases, including
individual consumer and this could be true of some of the some well-known judgements of the Supreme Court on
biggest names in the market. Ask Dwarikanath Baranwal the subject of condonation. After considering the detailed
of Varanasi (UP). He did not expect that purchase of an arguments placed before it, NCDRC said that Hawkins
ordinary pressure cooker will generate so much pressure appears to be taking advantage of its financial clout in trying
for himself even though he was dealing with a well- to defeat the benefit of concurrent finding of the fora below.
known reputed company. Therefore, we do not find any reason to condone the delay.
Application is accordingly dismissed. As a consequence,
the revision petition
is also dismissed as
Hawkins kept on barred by limitation.
(Hawkins Cookers
losing in different Ltd vs Dwarikanath
Around 2012-13, consumer courts but Baranwal, judgement
Mr Baranwal purchased continued to fight, was pronounced on
a pressure cooker worth 22 September 2017).
Rs980 of the well-known
trying to deny a few It is noteworthy
brand Hawkins. The thousand rupees of that NCDRC
cooker turned out to be claim to its customer has specifically
defective
d f and
d so he
h approached
hd remarked that the
Hawkins for replacement. As the company was not responsive, company seemed to
Mr Baranwal approached the district consumer forum. be taking advantage of its financial clout and thwarting the
The forum directed Hawkins to pay Rs980, besides a efforts of the complainant to get justice. This is also
compensation of Rs3,000. Mr Baranwal was also awarded evident from the fact that the company would have spent
litigation cost of Rs2,000. He was relieved that his stand a large sum on fighting before various authorities while
had been vindicated as his claim was upheld by the district refusing to pay the meagre a amount of Rs5,980/- to its
forum. However, his happiness was shortlived as he soon customer.
realised that Hawkins was in no mood to redress his Therefore, every consumer should always be alert
grievance. Instead of complying with the order passed and not get carried away by big and well-known names;
by the district forum, Hawkins chose to file an appeal the true character of a company is known by the
against the order. Much to cheer of Mr Baranwal, the treatment it gives to its customers who approach it with
state commission concurred with the finding of the district a complaint.
forum and dismissed the appeal of Hawkins.
Hawkins should have gracefully accepted the fact
that two statutory bodies had upheld the contention of
the complainant in a matter involving a paltry amount. SD Israni is a corporate lawyer & Fellow
Instead, it opted to file an appeal; but the when it did file of ICSI. Email: sdisrani@gmail.com
the appeal, it was beyond the time limit. Hawkins had
to satisfy the National Consumer Disputes Redressal

MONEYLIFE | 13-26 Oct 2017 | 58

Legally Speaking.indd 2 06-10-2017 11:27:17


Pathbreakers.indd 2 06-09-2017 16:24:34
TECHNOLOGY

Is Protection from Data Leaks Possible?


No government can be trusted to put data security ahead of its surveillance needs. The best
you can do is minimise data leakage from your side, advises Yogesh Sapkale

I
n September 2017, Equifax, the credit bureau, brokers across the world, who are collecting, storing,
reported a serious data breach that affected analysing and then selling your personal information for
143 million US customers or about 44% of the a hefty fee.
countrys population. This breach into one of the most Citizens believe that government regulation and
sophisticated data centres gave hackers easy access to legislation can protect them. But there is not much hope
every piece of information of customers, like full name, on this front and you will have to make sure you do
social security number, date of birth, addresses, and not share your personal data with anyone, including the
driving licence number. Hackers can use this information government. Share data only on a need to know basis.
to impersonate and dupe the person, while putting entire If the government agency threatens you into sharing
blame on the very person whose ID they have used. This your permanent account number (PAN), share only
is the stark reality of the digital age where more than that number and not any other information. The same
99% people blindly believe that all their online data is applies to other private parties.
safe and secure. Even when you
In the Indian install an app on
context, the same your mobile device,
blind faith can be make sure you read
seen in the statements all the information
of Union ministers about the app. It is
about data storage of important to know
Aadhaar or the unique what information
ID (!) number. Those the app can access
who understand from your device.
technology do Also, if possible (it
not believe such can be done through
statements or trust a privacy guard
the government to put available on some
security ahead of its operating systems),
ever-growing need for make sure that the
surveillance. Especially, when the same set of politicians app is given bare minimum access for working. For
who opposed Aadhaar before coming to power are example, an app for torch does not need access to your
zealously enforcing the UID number for everything. contacts or gallery. So disable this access. If the app does
Coming back to data breaches and data leakages, not work without gaining such access, simply uninstall
your data is protected as long as it is in your possession. it from your mobile. You do not require a snooping app
When the data is not in your possession, all you can do on your mobile device in any case.
is to just pray! This is because, for all those who have Remember, you or any organisation or institution,
access to your data, you are just a product which needs cannot protect your data forever from breaches.
to be sold in the market. In such a situation, you are not However, what you can do is to minimise leakage of
important and your consent, willingness or even your data from your side. Start with social media. Remove all
right to privacy does not matter. the information that is not required for you to use the
You may have heard someone saying data is the social media account. For example, remove your mobile
new oil. Yes, that is true. Your personal information number or other contact details from Facebook. You can
is very valuable and that is why you are lured and even still access it through your email ID. If possible, create a
threatened (by government!) to part with your private separate email ID for your social media presence or for
information and data. All this collected data is then everything that does not affect you financially. Be safe
analysed and sold as classified information to buyers at a until the next data breach happens and pray it does not
premium. As per reports, there could be over 3,000 data- affect you!

MONEYLIFE | 13-26 Oct 2017 | 60

Technology.indd 1 05-10-2017 15:42:42


24 YEARS OF THE SCAM:
THE PERENNIAL BESTSELLER, READS LIKE A THRILLER!
THE ONLY BOOK ON THE TWO BIGGEST STOCK MARKET SCAMS OF INDIA,
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Scam Ad.indd 1 21-10-2016 18:07:06


BOOKS

THE FIX banks estimates of how much they thought they would
have to pay for funding. As the authors write, the big

Libor: The Big Fat Lie flaw in Libor was that it relied on banks to tell the truth
but encouraged them to lie. When the 150 variants
of the benchmark were released each day, the banks

W
estern financial markets are often characterised individual submissions were also published, giving the
by a colossal failure of supervision, every few
years. Whether it is the Savings & Loans scam
in the 1980s, the insider trading scandal of the late-1980s,
the accounting scandal post dot-com bust in early-2000
or the bursting of the housing bubble in the mid-2000,
companies, traders and bankers have repeatedly gamed
the system and made millions. The supervisory failure is so
routine and regular that it does not shock people anymore.
But fixing the London Interbank Offered Rate? Even for
the world-weary, it was a shock.
It all started on 16 April
2008 when The Wall Street
Journal printed a story on its
front page with the headline
From the first weeks of his probation in
Bankers Cast Doubt on Key the summer of 2006 until he walked out
Rate Amid Crisis. Written the door in September 2009, Hayes and
by Carrick Mollenkamp his colleagues had made more than 2,000
from Fleet Street, London,
it began: One of the most
documented requests on at least 570 days.
important barometers of The trader had sought to manipulate
the worlds financial health Libor about three-quarters of the times
could be sending false he was in the office and made almost no
signals. In a development
that has implications for
attempt to hide it
borrowers everywhere,
from Russian oil producers world a snapshot of their relative creditworthiness. Those
THE FIX to homeowners in Detroit making their firms Libor submissions were prevented
LIAM VAUGHAN, to, bankers and traders are from deviating too far from the truth because their fellow
GAVIN FINCH expressing concerns that the market participants knew what rates they were really
Wiley London Interbank Offered being charged.
Pages216; Rs1,772 Rate, known as Libor, is The central character in all this was Tim Hayes.
becoming unreliable. Sometime in 2006, Hayes, a trader with UBS Securities
That was a serious understatement. Libor was actually based in Tokyo had figured out how to rig Libor. When
being rigged with impunity. Libor is a benchmark of interest he was a junior trader in London, Hayes had got to
rates that the worlds leading banks charge each other for know several of the 16 individuals responsible for making
short-term loans. It was supposed to be the worlds most their banks daily submission for the Japanese yen. He
important number, to which more than $300 trillion of realised that these guys relied on inter-dealer brokers, the
mortgages, loans and derivatives were pegged. And, yet, middlemen involved in all trades, on what rate to submit
a close network of traders and brokers was manipulating each day. In the opaque, over-the-counter derivatives
this number on which a substantial part of the Western market, where there is no centralised exchange, brokers are
economy depended, before getting caught in 2012. Liam at the epicentre of information flow. That puts them in a
Vaughan and Gavin Finchs The Fix tells us the story of powerful position. Only they can get a picture of what all
this monumental scandal. the banks are doing. While brokers had no official role in
The most obvious question is: How was Libor getting setting Libor, the rate-setters at the banks relied on them
manipulated? The starting point was the primitive way for information on where cash was trading.
Libor was calculated. The rate was an average of different Hayes cultivated them, bribed them to submit rates

MONEYLIFE | 13-26 Oct 2017 | 62

Book Review.indd 2 06-10-2017 14:48:12


BOOKS

according to his Finally, Deutsche Bank, UBS, Barclays and other banks
market positions, paid up a fine of a few billion dollars and just one person
which came especially went to jail: Tom Hayes, arrested in 2012 and convicted
handy for him in in 2015 for 14 years, which was reduced to 11. This is
the crisis of 2008, a compelling story of the Libor scandal told through
when, incredibly, Hayes, the obsessive high-risk trader, later diagnosed with
instead of the rate Aspergers disease, who bent the rules, bullied the brokers
shooting up (due to and bribed them to fix Libor to his advantage. The authors
the liquidity crisis), narrate the crime and one punishment in a factual manner,
Libor indicated that without getting into value judgement on whether others
It is the rate at which it would fall. This in the game deserved to be convicted as well.
banks do not lend to each helped Hayes survive Separately, it transpired that even foreign exchange
other... it is not a rate at the 2008 crisis as rates were manipulated, between December 2007 and
which anyone is actually he offloaded his January 2013, in which traders in UBS, Bank of America,
borrowing. Mervyn King, positions based on Citigroup, JP Morgan, Barclays and the Royal Bank of
Governor of the Bank of rigged rates. In 2009, Scotland were involved. Later, six banks were fined $5.6
England, in late-2008 on Hayes left UBS and billion over this separate scam.
Libor joined Citibank, lured The book reads like a novel where characters, events
away for a $3 million and locations come alive with vivid descriptions. It opens
bonus by Chris Cecere. with a secret meeting in a bar with a source, who identifies
Among those who read the WSJ article on Libor was Hayes as the villain of
Vince McGonagle, working at the enforcement division Libor manipulation
of the Commodity Futures Trading Commission (CFTC) setting the tone of
in Washington for 11 years. He asked his staff to put for a gripping thriller.
together a dossier and decided to launch an investigation. But the real villains
Earlier, in March, economists at the Bank for International of the saga are British
Settlements, a group created by central banks around Bankers Association
the world, had published a paper that identified unusual (BBA), Financial
patterns in Libor during the crisis. However, the study Services Authority
concluded that these were not caused by shortcomings (FSA), UK, and Bank
in the design of the fixing mechanism. of England (BoE).
Sometime in the afternoon of 8 December 2009, Cecere BBA continued to
felt that the six-month yen Libor was too high. When The Libor scandal dwarfs claim, long time
he checked the submissions from the previous day, he by orders of magnitude after the WSJ article,
any financial scam in the
was surprised to see that Citigroup had put in one of the that the Libor was
history of markets,
highest figures. Cecere contacted the head of the risk Andrew Lo, professor of reliable even in times
treasury team in Tokyo, Stantley Tan, and asked him to finance, MIT of financial crisis.
find out who the yen-setter was and request that he lower In October 2008,
his input by several basis points. It turned out the risk the International
treasury desk in Canary Wharf was responsible for the Monetary Fund found that although the integrity of the
banks Libor submissions, write the authors. Tan spoke U.S. dollar Libor-fixing process has been questioned by
to the London office to consider moving the quotes lower. some market participants and the financial press, it appears
However, the risk management group in London didnt that U.S. dollar Libor remains an accurate measure of a
budge. Cecere asked Tan to ask London again and was typical creditworthy bank's marginal cost of unsecured
rebuffed by Andrew Thursfield, Citigroups risk head. U.S. dollar term funding. The minutes of the Bank of
Hayes tried to work his contacts in London but failed. Not England show that deputy governor Paul Tucker was
only would Thursfield not oblige but, in March 2009, he aware as early as in November 2007 of concerns that
gave a presentation via video link to investigators on the the Libor was being manipulated. In early 2008, the then
rate-setting process. Hayes tried to push harder and got New York Fed President Tim Geithner wrote to BoE chief
reported by Citibank officials in London. After this, the Mervyn King to fix Libor. But BoE didnt act on it. FSA
scandal unravelled quickly, as CFTC closed its net and couldnt care less about Libor. This is a short, fascinating
even the brokers stopped cooperating with Hayes. book and a must-read. Debashis Basu

63 | 13-26 Oct 2017 | MONEYLIFE

Book Review.indd 3 06-10-2017 14:48:47


MONEY FACTS STOCKS

INDIAN MARKET TRENDS FUND FLOWS


The Sensex dipped 1% and the Nifty ended flat during the Foreigners: Foreign institutional investors were net
fortnight ended 4 October 2017. ML Large-cap Index, ML sellers of equities (Rs12,221.76 crore). They sold
Mega-cap Index and ML Small-cap Index ended flat, while shares worth Rs48,475.40 crore.
ML Mid-cap Index rose 1%. ML Micro-cap Index fell 3%.
0

Share Prices Index, April 2017=100 -1,075

120
-2,150

FII Net Investments


110
-3,225 (Rs Crore)

-4,300

100
-5,375
25 Sep-17 4 Oct-17

90 Indians: Domestic institutional investors were net


buyers of equities (Rs13,803.89 crore). They bought
shares worth Rs34,266.39 crore.
80 5,200
Apr-17 Jul-17 Oct-17

ML Large-cap ML Small-cap Nifty ML Micro-cap 4,160 DII Net Investments


ML Mid-cap ML Mega-cap Sensex (Rs Crore)
3,120

2,080
Index 22 Sep 04 Oct +/-
ML Mid-cap Index 107.65 108.43 1% 1,040
ML Large-cap Index 106.50 106.53 0%
0
ML Mega-cap Index 110.66 110.61 0% 25 Sep-17 4 Oct-17
ML Small-cap Index 102.70 102.36 0%
Nifty 9,964.40 9,914.90 0% GLOBAL MARKET TRENDS
7,600
Sensex 31,922.44 31,671.71 -1%
FTSE
ML Micro-cap Index 94.09 91.31 -3% 7,480

Mega-cap Gainers/Losers 22 Sep 04 Oct Change 7,360

Avanti Feeds 1999.75 2402.3 20%


7,240

Reliance Capital 661.55 573.9 -13%


7,120

Large-cap Gainers/Losers 22 Sep 04 Oct Change


7,000
Graphite India 352.85 449.7 27% Apr-17 Jul-17 Oct-17

Kwality 113.55 97.65 -14% The FTSE, Hang Seng, NASDAQ Composite and
Nikkei rose 2% each, while Taiwan Weighted and
Mid-cap Gainers/Losers 22 Sep 04 Oct Change
Shanghai Composite ended flat.
Ador Welding 403.75 603.8 50%
Index 22 Sep 04 Oct + / (-)
Tourism Finance Corpn. of India 157.6 138.75 -12% FTSE 7,311 7,468 2%

Small-cap Gainers/Losers 22 Sep 04 Oct Change Hang Seng 27,881 28,379 2%


NASDAQ Composite 6,427 6,535 2%
Orient Press 96.15 135.9 41%
Nikkei 20,296 20,627 2%
Gammon India 8.23 5.97 -27% Bovespa 75,390 76,591 2%
Micro-cap Gainers/Losers 22 Sep 04 Oct Change S&P 500 2,502 2,538 1%
Korean Composite 2,389 2,394# 0%
Raj Rayon Inds 0.22 0.3 36%
Taiwan Weighted 10,450 10,469* 0%
Bharati Defence & Infrastructure 16.44 11.5 -30%
Shanghai Composite 3,353 3,349# 0%
(All Prices in Rs)
*3 Oct 2017, #29 Sep 2017

MONEYLIFE | 13-26 Oct 2017 | 64

Money Fact.indd 2 06-10-2017 15:13:11


MONEY FACTS STOCKS

Whats H T ML SECTORAL TRENDS


Oil and gas companies were a mixed bag during the fortnight. GAIL (India)
Ltd, Hindustan Oil Exploration Company, Oil India and Oil & Natural Gas
Shares of oil & gas companies
and petrochemicals companies
advanced 6% each, while shares
Corporation advanced 9%, 8%, 7% and 5%, respectively.
of non-ferrous metals companies
and hotel companies advanced
Companies 22 Sep 04 Oct +/-
5% each. Stocks of education
ML Oil & Gas Index GAIL (India) 398.55 436.35 9%
companies, paints companies and
110 sugar companies fell 3% each.
Hindustan Oil 85.55 92.30 8% Stocks of engineering, procurement,
construction and infrastructure
100
Oil India 328.85 351.30 7% companies also fell 3%.
ONGC 164.45 172.10 5% ML Sectoral Trends

Oil & Gas 6% Trading -5%


90 Indraprastha Gas 1,436.95 1,451.10 1%
Petrochemicals 6% Education -3%
Selan Exploration 186.80 179.55 -4% Non-ferrous Metals 5% Paints -3%

80 Hotels 5% Con_EPC_Infra -3%


Tide Water Oil Co 6,587.5 6,311.30 -4%
Apr-17 Jul-17 Oct-17 Industrial Intermediates 3% Sugar -3%
All Prices in Rs

RURAL INFLATION
Whats N T Combined inflation for urban
and rural areas in August 2017
Engineering, procurement, construction and infrastructure companies rose to 3.36% from 2.36% in
were punished. Gammon India, Pratibha Industries, Unity Infraprojects July 2017. Inflation in rural areas
and C&C Constructions declined 27%, 16%, 10% and 9%, respectively. rose to 3.30% in August 2017
from 2.41% in July 2017. Food &
Companies 22 Sep 04 Oct +/-
beverages inflation rose to 1.88%
Gammon India 8.23 5.97 -27% ML Con_EPC_Infra Index in August 2017 from 0.65% in
Pratibha Industries 9.15 7.73 -16% 110 July 2017 in rural areas. Milk &
milk products inflation decreased
Unity Infraprojects 5.70 5.15 -10%

C&C Constructions 47.55 43.25 -9%


105 Inching Up?
Prakash Constrowell 4.63 4.23 -9%
6.00%
Ion Exchange (India) 525.00 479.95 -9%

Tantia Constructions 16.50 15.25 -8% 100


4.50%
JMC Projects (India) 417.35 385.80 -8%

Hindustan Const Co 35.00 32.50 -7%


95 3.00%
GTL Infrastructure 6.33 5.96 -6%
Apr-17 Jul-17 Oct-17
All Prices in Rs
1.50%
BULK DEALS Aug-16 Feb-17 Aug-17

Date Company Buyer Seller Rs Cr to 3.03% in August 2017 from


29 Sep-17 GOCL Corporation Hinduja Power Dilipkumar Vishindas Lakhi 23.29
3.34% in July 2017. Inflation for
clothing increased marginally
26 Sep-17 Monnet Ispat Energy Sri Silverdale Opportunities APMS Investment Fund 4.03 to 5.44% in August 2017 from
04 Oct-17 Saurashtra Cement The Arj Investment Villa Trading Company Pvt 3.90 5.17% in July 2017. For fruits,
inflation increased sharply to
27 Sep-17 LKP Finance India Max Investment Fund Prime India Investment Fund 1.25
5.35% in August 2017 from
25 Sep-17 Aditya Vision NNM Securities Pvt JS Enclaves Pvt 0.39 3.83% in July 2017. For sugar
& confectionery, it decreased
04 Oct-17 Pankaj Polymers Kedia Prabha B Garnet International 0.24
to 7.76% in August 2017 from
27 Sep-17 Tirupati Industries (India) Rahul Lakhotia Vijay Lakhotia 0.17 8.79% in July 2017.

65 | 13-26 Oct 2017 | MONEYLIFE

Money Fact.indd 3 06-10-2017 15:13:26


PS
End This Obsequious Protocol Now!
A few years ago, the head of a leading
public sector bank startled us with
this admission: We may not have a
crushed to death at Elphinstone Road
Station in Mumbai because of their
criminal negligence in providing basic
staff to give him an entire list of officers
who had received him and promised
action against them. Mr Lohani told the
good salary and perks but the one thing infrastructure. media that he had finished the protocol
you have in plenty in a public sector Fortunately, this story has a positive culture at Air India and will ensure that
undertaking (PSU) is staffthere are twist. Mr Lohani had made it clear that it is ended in the railways too.
always dozens of people around you. he should not be received at the airport.
p Mr Lohani needs a bigg ovation for
One of the things these hangers-on Clearly, the senior official and heads of this move. Even if he achieves n nothing
do is to suck up to the bosses. It is a departments, who turned up, believed else at the railways, ending this dubious
standard protocol for a group of seniors
niors it was a display of fake protocol alone with mean saving
savin
to drop all work and land up at airports
orts modesty. But Mr thousands of man-hours of sen senior
to receive and send-off their bosses.. This Lohani blasted the management time which should shou have
obsequiousness is unavoidable for officials for their been employed in ensuring that tha critical
those who want promotions; heads of red-tape and safety-related work is done. We now
State-owned institutions, who have e babu culture, need to urge the prime minister
ministe to
gone up the ladder doing exactly this,his, reports media. this culture
take note of this and end thi
are unwilling to put an end to this He asked across PSUs as well asa the
colossal wastage of valuable time. his mindless protocol
protoco attached
And so it was that a bunch of parliamentary
to 20-odd parlia
top railway officials landed up at the e committees that are
Mumbai airport to receive Ashwini waited upon by senior
Lohani, chairman of the Railway management o of
Board, after 23 people had been Ashwini Lohani, PSUs.
chairman, Railway Board

Is Blue Whale for question. He asks why the media has


failed to provide a fact-based follow-up of
available on any website nor are its links
available on any popular social media sites
Real? the cases of Blue Whale-driven suicides like Facebook, WhatsApp or Twitter. Nor
reported by them. Advocate Limaye is, do any search engines like Google and

T he Blue Whale online game, driving


youngsters to suicide, has been
widely discussed by the media in the past
probably, the first to question why the
entire digital footprint of this game has
even been reported by the police and
Yahoo have any traces of links leading to
Blue Whale game. Even the Russian social
networking site VK, which was blamed for
few months. The government facilitating access to the
has also directed major social Blue Whale game, does not
media giants to disable any have any notable presence
links providing access to the in India, he says. In fact,
suicidal trap game. The deadly he wonders if the game
game reportedly assigns nearly even exists, since it has
50 tasks to those who play it, never been reported to the
which include physically harming cyber-crime helpline that
themselves (providing evidence he runs. Is this another big
of it) before moving on to the hoax that has been played
next level. The final task involves on the media? What does
suicide. Advocate Mahendra it say about those reporting
Limaye, who has been crusading suspects that the hue and cry about the this Blue Whale game? Will anyone
relentlessly against cyber-fraud and game itself may be false or exaggerated. provide evidence to contradict advocate
lack of cyber-literacy, has an interesting He further says, The game is not Limayes charge?

MONEYLIFE | 13-26 Oct 2017 | 66

PS.indd 1 05-10-2017 15:36:09


Advertisements.indd 2 02-10-2017 12:44:46
REGISTERED WITH THE RNI UNDER NO. MAHENG/2006/16653. Postal Registration No: MCW/184/2015-2017. POSTED AT PATRIKA
CHANNEL SORTING OFFICE, MUMBAI 400001. Date of Publishing 6 October 2017. Date of Posting Alternate Tuesday & Wednesday.

Advertisements.indd 4 03-10-2017 16:27:49

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