RBI asks banks to restructure aviation sector loans

Mumbai: The Reserve Bank of India (RBI) has asked banks to work out a special concessional package for the crisis-ridden aviation sector, in response to which the lenders said they will look into the problems on a case-to-case basis, reports PTI.

"The RBI has allowed in the case of aviation sector a special concession. Banking industry could on a case-by-case basis, subject to the guidelines and parameters given by RBI, look to see how this industry could be helped by a rescheduling, restructuring...," State Bank of India (SBI) chairman O P Bhatt told reporters on the sidelines of a banking conference here.

The RBI had sent a communication to the banks with regard to debt restructuring for airlines in the last week of August.

"We are sensitive to the requirement of the aviation sector and have communicated the same to the banks," RBI deputy governor Usha Thorat said.

The Indian airline industry is facing mounting debts due to an economic downturn and resultant excess capacity, which still exists. However, the industry of late has been showing signs of recovery, which could gather pace if banks restructure their loans.

According to an estimate, the cumulative debt of the airline industry stands at about Rs60,000 crore. As of March, 2010, Air India had about Rs40,000 crore debt, while Kingfisher had a debt of about Rs6,000 crore.

While SBI's aggregate exposure to the aviation sector is about Rs3,000 crore, Bank of India's exposure is Rs4,000 crore.

"Now the discussion is going on amongst the banks consortium (how to go about on the recast)," Mr Bhatt said.

Bank of India executive director M Narendra said, "RBI has given out some guidelines and we are currently studying and discussing those guidelines within the consortium."

Major carriers like Air India and Jet Airways have plans to restructure their debt and have been in talks with banks to get soft loans instead of high-interest ones.

Last month, civil aviation minister Praful Patel had said, "The RBI has to come up with guidelines for the restructuring of debt of the aviation sector... In the case of Air India, it (debt restructuring) is very much active on the government's agenda."

The aviation sector is a major infrastructure sector and should be treated that way, he had said.


Wednesday Closing Report: Time for consolidation

The market opened on a subdued note this morning on weak global cues but buying in select stocks in the morning and noon session saw the benchmarks moving above the neutral line. However, the negative of the influential European markets took the domestic market in the red once again. While the market was in a consolidation mood today, it ended in the green for three days in a row.

The Sensex closed at 18,666, up 21.65 points (0.12%), still above the crucial 18,650 levels. The index touched a high of 18,721 and a low of 18,540 today. The Nifty ended 3.85 points up (0.07%) at 5,608. The benchmark scaled an intraday high of 5,625 and a low of 5,567 during the session.

The market breadth was positive. Of the 30 stocks traded on the Sensex, 18 ended in the green while 12 settled lower. The Nifty had 29 advancing stocks against 20 declining stocks while one stock returned unchanged. The broader indices outperformed the key benchmarks today. The BSE Mid-cap index gained 0.34% and the BSE Small-cap index advanced 0.59%.

The top performers on the Sensex were ACC (up 2.98%), Bharti Airtel (up 2.59%), State Bank of India (SBI) (up 2.07%), Hindustan Unilever (HUL) (up 1.74%) and Sterlite Industries (up 1.61%). The top Sensex losers were Reliance Infrastructure (R-Infra) (down 1.77%), ITC (down 1.21%), ICICI Bank (down 1.04%), HDFC Bank (down 0.68%) and Maruti Suzuki (down 0.67%).

The sectoral gainers were led by BSE TECk (up 0.86%), BSE IT (up 0.57%) and BSE Realty (up 0.46%). The top losers were BSE Capital Goods (CG) (down 0.45%), BSE Fast Moving Consumer Goods (FMCG) (down 0.43%) and BSE Power (down 0.27%).

The Reserve Bank of India (RBI) today said deregulation of interest rates on savings accounts is on its radar and it will soon be examining the possibility of implementing the same. However, the central bank has not fixed any time frame for the move.

At 3.5% per annum, interest on savings accounts is the only regulated rate in the banking system presently and a highly contentious one given its impact on the common man.

Markets in Asia were down for the second day in a row as the European crisis deepened once again. The Irish-German 10-year yield spread widened seven basis points to 380 points while the yield gap for Portugal jumped nine basis points to 363 basis points. This apart, National Bank of Greece SA said it plans to raise €2.8 billion ($3.6 billion) of capital and German exports slumped 1.5% in July, the first drop in three months.

The Shanghai Composite was down 0.11%, Hang Seng tanked 1.46%, KLSE Composite gave up 0.01%, Nikkei 225 tumbled 2.18%, Straits Times declined 0.81%, Seoul Composite was down 0.48% and Taiwan Weighted lost 0.42%. On the other hand, Jakarta Composite added 0.43%.

Wall Street settled in the red on Tuesday on worries that the European imbroglio may worsen. European banks slid on concern that stress tests understated potential losses from sovereign debt. This apart, Germany's banking association said the country's 10 biggest banks may need €105 billion in new capital as regulators revamp rules designed to prevent future crises. The Dow fell 107.24 points (1.03%) at 10,340. The S&P 500 Index fell 12.67 points (1.15%) at 1,092. The Nasdaq fell 24.86 points (1.11%) at 2,208.

Petrol and diesel prices in the country will rise marginally from midnight tonight, following the government's decision to raise the commission paid to petrol pump dealers.

The increase in petrol prices across the country is in the range of 11 to 12 paisa per litre, while diesel will be around 9 to 10 paisa per litre more expensive.

Foreign institutional investors were net sellers of stocks worth Rs21 crore on Tuesday. Domestic institutional investors were net buyers of equities worth Rs441 crore on the same day.

Indian pharmaceutical company Sun Pharma (up 2.05%), which was fighting a takeover battle with Israeli pharma major Taro, today said that the Supreme Court of Israel has given the ruling in favour of the company.

The Court has unanimously dismissed the appeal of Taro Pharmaceutical Industries and has withdrawn its temporary order that prohibited the closing of the offer before its ruling, the Indian drug maker said in a filing to the Bombay Stock Exchange.

Hindustan Copper (HCL) (down 1.99%) is in talks with Karnataka-based Hutti Gold Mines to form a joint venture for reviving copper mining activities, which were abandoned by the state public sector undertaking (PSU) almost a decade ago.

The HCL proposal for resuming copper mining at Chitradurga reserves of the Hutti Gold Mines in Karnataka, where mining was abandoned in 2001, comes at a time when the state-owned firm is in the process of augmenting production and reviving operations.

Drug maker Suven Life Sciences (up 9.56%) today said Australia and Mexico have granted product patents for its new chemical entity (NCE), used in the treatment of nervous system disorders. The NCE patent includes compounds discovered by Suven that are being developed as therapeutic agents for treatment of disorders like Alzheimer's disease, Parkinson’s and schizophrenia.

The company now has eight product patents for NCEs for central nervous system (CNS) therapy in both the countries, the company said in a filing to the Bombay Stock Exchange.


HC dismisses Vodafone plea against tax dept on Hutch deal

Mumbai: The Bombay High Court today dismissed Vodafone International's petition challenging an Income Tax (I-T) department order that demanded Rs12,000 crore in liabilities arising out of the company's $11 billion takeover of Hutchison Telecom, reports PTI.

A division bench held that the I-T department had the jurisdiction to tax the transaction.

It, however, gave liberty to Vodafone to argue before the tax department that no penalty should be imposed as they genuinely believed they had no liability to deduct tax at source.

The department held Vodafone liable for not deducting tax at source from payment made to Hutchison and claimed around Rs12,000 crore in tax and penalty in the 2007 deal.

"The transaction has sufficient nexus with India and the I-T has the jurisdiction to levy tax on the transaction," Justice Dhananjay Chandrachud and Justice J P Deodhar noted while delivering the verdict.

The court refused to stay its order to enable the petitioners file an appeal and allowed the proceedings to continue before the tax department. The judges, however, said that the department would not give its order until eight weeks.

Justice Chandrachud pronounced the operative part of the verdict in the Bombay High Court while Justice Deodhar, currently on an assignment at Nagpur bench, was at the other end of the video conference link.

The question before the high court was whether Income Tax (I-T) department can ask a foreign company to pay tax in India if it takes over another foreign entity that owns an Indian subsidiary, and particularly so, if the deal is made outside India?

The judgement is considered in legal circles as a setback to the companies who are looking forward to takeover deals involving Indian companies.

While the I-T contended that the transaction was liable for tax payment in India, Vodafone International Holdings contended that both the seller and buyer were foreign companies and that the deal was made outside India.

Vodafone submitted that in the past, similar transactions have not been held eligible to taxation in India and that the Indian revenue authority has been stating through the media that the transaction in issue is a "test case".

The I-T affidavit said that Hutchison Telecommunications International Ltd (HTIL), through its investments in India, had made substantial gains which were chargeable to tax under the provisions of the Income Tax Act 1961.

HTIL held 66.98% direct and indirect interest in Vodafone Essar Ltd (previously known as Hutchison Essar Ltd), which had telecom licenses to operate across India under the brand name Vodafone (formerly Hutch).

The I-T department said it was correct in holding that Vodafone was an assessee in default as it had failed to deduct tax at source from over $11.2 billion payment made to HTIL on 8 May, 2007.

The revenue department had sent an advisory through a letter dated 23 March, 2007, communicating to Hutchison Essar Ltd and through them to Vodafone International that the transaction was liable to tax in India, N K Govila, assistant director of Income Tax contended in an affidavit.

Vodafone, challenging the I-T letter, contended in its petition that there has been no transfer of any capital asset located in India since the share capital acquired by it was of a foreign company registered in Cayman Islands (i.e. HTIL).

Moreover, it said, the transaction was negotiated and completed outside India.

Vodafone argued that the jurisdiction of the Income Tax department was not extra-territorial and as such cannot be extended to encompass foreign entities transacting in assets outside India.


We are listening!

Solve the equation and enter in the Captcha field.

To continue

Sign Up or Sign In


To continue

Sign Up or Sign In



The Scam
24 Year Of The Scam: The Perennial Bestseller, reads like a Thriller!
Moneylife Magazine
Fiercely independent and pro-consumer information on personal finance
Stockletters in 3 Flavours
Outstanding research that beats mutual funds year after year
MAS: Complete Online Financial Advisory
(Includes Moneylife Magazine and Lion Stockletter)