Promoters like Pramod Mittal exemplify how banks and RBI allow Indian industrialists to get away easily
The Reserve Bank of India (RBI) frowns on bad loans; the All-India Bank Employees Union (AIBEA) says deliberate defaults are weakening banks. But, we, the ordinary people, find it hard to believe that banks are serious about recovery because of the lavish display of wealth by habitual defaulters. Consider the 60 million Euros that Pramod Mittal spent on his daughter’s lavish wedding in Barcelona.
Why is it a problem if Pramod Mittal decides give his daughter one of the most expensive weddings ever? For nearly 15 years now, Mr Mittal has made news mainly because of his perpetually high debts, loan restructuring and, eventually, selling out his steel plant supposedly for a pittance. This, too, happened only after a two-time corporate debt restructuring (CDR) involving massive write-offs. Although the Mittals have been defaulters even in the 1990s, Pramod Mittal’s Ispat group was bank-rolled for a series of global adventures after 2003 that have all run into trouble. These include contracts and major acquisitions in Bulgaria (including a football club), Nigeria and the Philippines, which are all mired in controversy. Employees of Ispat’s Nigerian business have reportedly remained unpaid shortly after 2006 and have been left high and dry.
The group also owes over Rs630 crore to the State Trading Corporation (STC) which STC is now trying to recover from JSW Steel of the Sajjan Jindal group (which acquired the beleaguered Ispat Industries in 2010). A Central Bureau of Investigation (CBI) probe into this has also gone nowhere. Pramod Mittal paid off some of his Indian debts with the sale of Ispat Industries; but, even today, the Nigerians threaten to agitate should he return. In India, Ispat Profiles, which owes more than Rs1,000 crore, is facing liquidation.
Everywhere, allegations against the Mittals are similar—building huge debt, often through collusive deals, diverting funds to other ventures leading to defaults. Yet, the Mittals’ personal wealth, and the lavishness of their lifestyle and spending, has only grown due to the benevolence of our banks.
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This is how they do it:-
Under report sales: Companies show less production than actual production and as such show lower sales. The actual production is sold without accounting for it in the number one books. In this manner they additionally avoid paying excise duty on the production / sales which is not accounted for in the books. However, full cost of raw materials and other costs of production is taken and the company reports losses.
One way to check for this is things they cannot hide. For example, in electric arc furnace there is a clear ratio of electricity consumption and steel production.
The relevant questions to ask here is, what has been the electricity consumption (month wise) and steel production over last 10 years and see if there is consistency. It should also be compared with other companies operating in the same industry.
Similarly, if they were producing speciality alloy steels, they would be mixing fixed amounts of tungsten / titanium / molybdenum / magnesium etc. If these records are compared (monthly consumption of any of these inputs with production and sales of steel) one can get an idea if they have been cooking on production / sales figures.
Since these are high value speciality metals / minerals with limited suppliers proper records of their purchase / consumption has to be maintained. And if a certain consumption of these inputs is accounted for, there would be a certain amount of steel actually produced. If the actual steel produced is less, they have major reasons to answer.
Under invoice sales:- Companies sometimes under invoice sales to shell companies, who then onward sell to end users. In this manner the actual producer shows losses and so can declare themselves sick and get all kinds of reliefs and concessions.
H____Co & B____r C______c followed this route. B___r C_____c was a group company of the A____a Bxxxa Group and captive producer of caustic soda for H_____co.
They sold their production to H_____co at much lower prices as compared to market prices and reported large losses and went to BIFR and took all eligible reliefs and concessions. M.....i companies in general and Bxxxa group in particular had mastered the art of legally milking GOI and the Indian public at large in this manner. That is why they can afford to have so many temples built!
The relevant questions to ask here are:
(i) Did the banks and other authorities compare selling prices - actual charged by the company with what similar products have been sold during the same period?
(ii) Did they check if sales are directly to customers or through selling agents (generally owned by close relatives or promoters). What price sold to the intermediary and at what price the intermediary sold to end user.
+++
Another one:- Over invoice capital costs: The cost of plant and machinery can be over invoiced. Say the actual cost is Rs.60/-. First they get quotation from sellers for Rs.100/-, then apply for Term Loan from banks for Rs. 80/- and claim that they would meet their commitment (margin) of Rs.40/- evidencing their financial stake in the business. Since the actual cost is Rs. 60, once the seller has been paid Rs.80 (direct disbursement by the bank / FI), the difference in cost of Rs.20/- is shared between the seller and the promoters (also the middleman). Second, such over capitalised businesses typically would find it difficult to service their interest costs / repay principal dues since profitability and cash flow projections are massively optimistic. And the promoter had no intention of serving his debts to start with!
The relevant questions to ask is check for project cost of similar projects. Technical experts from consultancies like MECON / Engineers India Ltd. / Dasturco used to give pretty good estimates.
And then:-
Over invoice operating costs: Purchases are made through middle men at higher than market prices, and from whom promoters get a cut. Personal expenses are charged to company. Fictitious expenses are charged to P&L like market development expenses etc. Careful sieving through audited financials over a number of years often give out clues.
But then, should we be doing it, or the authorities at BIFR, CLB and others?
Time will tell as technology starts making it easier to find out - and track stolen money.