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Personal Finance Magazine 15 September-28 September 2017 Rs 45

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STOCKS

Sintex Plastics Shivam Autotech Sobha Sarda Energy & Minerals PCBL

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ISSUE CONTENTS
15-28 Sep 2017

Bad Loan Law Going Bad?

T o deal with the mounting bad loans that


mainly afflict public sector banks (PSBs),
the government has set up an elaborate
machinery under a new law called Insolvency
and Bankruptcy Code (IBC). As with other
previous legislations, the new law will work
only if crooked corporate debtors, bankers
and insolvency players don’t manage to game
it. Dr Rajendra Ganatra, an IRP (insolvency
resolution professional) with a deep knowledge
of the sector, is concerned that the system is
being subverted by companies and creditors
who are playing the proxy for the borrower.

32 Cover Story
If this remains the trend, the new law may not
help to reduce bad loans.
IBC is a great tool for banks to recover
their money from the builders who are not
paying back. According to one estimate, a NPA Clean-up Off to a Poor Start
massive Rs10 lakh crore is stuck in incomplete The Insolvency and Bankruptcy Code will work only if crooked
realty projects whose developers are at a corporate debtors, bankers and insolvency players don’t game it.
Has the rot already started, asks Dr Rajendra Ganatra. IBC will not
financial standstill. Irresponsible lenders are lead to a drastic improvement in the bad loans situation
now moving to National Company Law
Tribunal to recover their money. But if their
assets are seized and auctioned and banks take
away the money due to them, what happens to
the home-buyers who have borrowed money
from banks and fully paid for their flats, asks
12 Public Interest
– Unfair GST Rates: No Lobby for Ordinary Citizen
– Technology & Social Media as Disaster Management
Sucheta, in her Crosshairs column. Tools
We recently met Deepak Parekh, the
doyen among the financial leaders, and were
surprised to find him deeply concerned about
the rampant mis-selling of mutual fund
schemes and insurance products. This is an
issue on which Moneylife has been making
14 Your Money
– SEBI Likely To Bring in Rules for Merger of Mutual
Fund Schemes
a lot of noise for the past 10 years but the
– Employees’ Fringe Benefits To Be Taxed under GST
regulators are moving one inch at a time. – Deadline for Banks To Set Up Aadhaar Enrolment
Sucheta, in her Different Strokes, points Centres Extended to 30th September
out that while an attack on black money is – SBI MD Says Home-buyers Too Would Have To Bear
laudable, what about stopping the loot of the Brunt of Bankruptcy in Real Estate Sector
– Supreme Court Assures Unitech Buyers–Flat or
white money of middle-class people? SD Israni,
Refund, Your Pick
in his column, explains that consumers have
very little recourse against couriers if an article
is delivered late, lost or damaged. They insert

16
fine print to completely absolve themselves MONEYLIFE

QUIZ
from any liability.
I look forward to your feedback on the two
newly introduced columns and also on what
else you think we should 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 | 15-28 Sep 2017 | 4

Content.indd 2 08-09-2017 18:52:15


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CONTENTS
20 FUND FACTS
xUSEFUL APPS

25 Best 58 Findo:
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Can Be Derailed by the & Worst Mutual Your
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22 Different Strokes
Stop Mis-selling, Protect
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White Money from Being
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30 Insurance
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– Google Maps:
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51 Black Money Act and


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Declaration of Foreign
59 High
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Fat Diet Could Be
Accounts A Good Idea!
26 Smart Money – G-Sec Yields Down
‘Professional Management’
Is Not a Panacea

40 Stock Watch
CYBER SECURITY

Sintex Plastics: Interest Cost 52 Data Theft in


Organisations and Legal
– Sugarcane for Sound Sleep

Devouring Profits
Issues
LEGALLY SPEAKING

Shivam Autotech: Turning


Around? 60 Postal and Courier
Services Offer Poor
Redress for Service
Sobha: Developing Interest Deficiency

PS
Sarda Energy & Minerals: Will
the Growth Continue?

BLOCKCHAIN 66 Loose Ends at


Infosys
54
– Tax Reminder or Threat?
hreat?
PCBL: Perils of Cut & Paste
Improving Financial – Drop CSR Hypocrisyy
Safety with Blockchain
Market Manipulation: Blue
Pearl Texspin
TAX HELPLINE
DEPARTMENTS
Readers’ Response ........... 8
Market Trend: Temporary Blip?
56 Queries at Moneylife
Foundation’s Tax Helpline
Book Review ....................62
Money Facts ....................64

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Volume 12, Issue 16
15 September–28 September 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
Tel: 022 49205000 CONGRATULATIONS FOR REACHING
Fax: 022 49205022
E-mail: mail@moneylife.in 300TH ISSUE!
First of all, let me congratulate the entire
Moneylife team for bringing to us the 300th issue
E-mail: of the magazine. It is really a mature decision
sales@moneylife.in
Subscription e-mail not to publish a bulky issue on this occasion. I
Mutual Fund investments
subscribe@moneylife.in would like to offer my comments on some of the are subject to market risks,
th read all scheme related
articles in the 300 issue. documents carefully.
Ups and Downs of Infosys: Who is right and
New Delhi
DDA Flats, J-3/66, Kalkaji, who is wrong, Mr Murthy or Mr Sikka, can have
New Delhi - 110 019 different perceptions. One of the issues under
dispute is the fat salary. I always wonder whether Write to
the salaries/ packages offered to the top level the Editor!
Bengaluru
1st Floor, 13/1, 7th Main Road,
1 Cross, Saibabanagar, Srirampuram,
st
officials and CEOs in the corporate sector should
be so high! How many of them are really doing
WIN
a prize
Bengaluru - 560 021
some extraordinary work? I think this trend has
come to India from Western countries. Manpower
Kolkata in most of these countries is very poor which is
395, Lake Gardens, Kolkata - 700 045 not the case with India. We observe that most of
Tel: 033 2422 1173/4064 4318
the people in service leave home at a fixed time;
but nobody knows when they will be back; their
Moneylife is printed and published by earnings are not very high. This class works
Debashis Basu on behalf of under great stress because of job uncertainties.
Moneywise Media Pvt Ltd and
published at 315, 3rd Floor, Whenever there is any cost-cutting, this class
Hind Service Industries Premises, is axed first, but the top brass rarely cuts its
Off Veer Savarkar Marg, Shivaji Park,
Dadar (W), Mumbai - 400 028 own salary.
Editor: Debashis Basu
I recall the case of a young girl that I read in the beginning
inn
nin
nin
ningg ooff 20
2008.
00808.
8.
Lehman Bros interviewed this young girl at IIM-Ahmedabad
med bad ccampus
dabad ampu
am pus
and then offered a hefty yearly package of Rs1.25 crore! This girl may
be extraordinary; but is it proper to offer such a fat package at such a
Total no of pages - 68, Including Covers young age to a boy or a girl? And, within two months came the news
of the total collapse of Lehman Bros. What happened to this girl?
Nobody knows. 
RNI No: MAHENG/2006/16653

MONEYLIFE | 15–28 Sep 2017 | 8

Letters.indd 2 06-09-2017 14:05:30


+

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


LETTERS

Bank Strike Brings


the
Best Banking Mayhem
letter
D uring the last week of
August 2017, there was
banking mayhem and bank
customer’s funds.
b) A cheque issued
to me by a credible
Mutual Fund investments
are subject to market risks,
read all scheme related
documents carefully.
customers have had to suffer party surprisingly
shabby treatment. Take my
own experiences during this
bounced. When I called
him, he was hopping Congratulations
week with the banks. a) I had issued a cheque to mad that three cheques G Ravishankar
a party who had deposited it on Monday (21st that he had deposited
August). The money was to move from HDFC on Monday had not
YOU WIN A
PERSONALISED
Bank to Corporation Bank. There was no news up yet cleared and the CLOCK
to Thursday. Yes, on Tuesday, there was a bank bank had the cheek
strike. Finally, on Friday morning, when I checked to return to me the
my account, I noticed that my account in HDFC cheque he issued as
Bank had been debited with the value-date of Friday. ‘funds insufficient’.
I promptly checked if the credit had happened There may be tens of
with my counter-party in his account, as it was an thousands of cases
important matter. It has not happened at all until in Mumbai itself G Ravishankar

Sunday evening. So, one of the banks is enjoying like mine—bank


an illegitimate float of three days with customer’s customers bearing
funds. In short, a cheque deposited with the bank on this sort of pain
Monday is getting credited to the other party on next for no fault of
Monday. So, banks will go on strike and rub further theirs.
salt on the wounds by enjoying illegitimate float with G Ravishankar, by email

 Crosshairs: Sucheta Dalal has taken up the issue of particularly important, if one’s sources of earnings are
DS Kulkarni Developers in a very balanced manner. not complicated. One should go for this, at least for
Instead of making any allegations, she has tried to put ITR-1 and ITR-2.
forth some facts. The fall of investors in the so-called Crypto-currency: Yogesh Sapkale’s article on crypto-
‘high returns’ trap is age-old. It appears that even the currency theft comes out with the finding that a new
well-educated people as well as the wealthy ones do avenue is now open for the hackers. I feel that the
not want to learn anything from the past reports of anti-social elements are always miles ahead in any
many such cases which appeared in newspapers. new technology. Every effort to fill up the loopholes
Filing ITR: I am filing the ITR (income-tax return) of makes the hackers find out new loopholes. This is an
my wife and mine online for the past six years using unending war on the technology front.
MS-Excel platform (I never try the html version). There Yazdi Tantra, as usual, has brought to the readers new
is a utility to save this MS-Excel file in .xml format, features and new apps. SD Israni’s article “Consumers
before uploading the returns. At the time of filing a must know when to appeal” is an eye-opener.
fresh return, I import basic data from the .xml format Abhay Datar, by email
of my earlier ITR. After feeding all the required and
relevant details, I calculate the tax and, if anything CONSOLIDATION NEEDED AMONG
has to be paid, I pay it online and upload the .xml COOPERATIVE BANKS?
file without any hassle. This whole exercise requires a This is with regard to “Cooperative Banks: Outright
bit of practice. One does not need to be techno-savvy Loot” by Sucheta Dalal (Moneylife, 14 September
or be an expert in income tax laws, but should know 2017). This article gives a broad picture of the messy
at least basic provisions of the Income-tax Act. One situation in which cooperative banks have landed.
should have a fair knowledge of MS-Excel. This is There are multiple categories of cooperatives doing 

MONEYLIFE | 15–28 Sep 2017 | 10

Letters.indd 4 06-09-2017 14:06:01


LETTERS

 ‘banking’ in India and a multiplicity of regulatory and goodwill of a company is adversely affected when
supervisory arrangements for these institutions. In internal matters are made external ones. Who was at
1966, certain provisions of Banking Regulation Act, fault and why has this kind of situation come up? It
1949 (BR Act) were made applicable to cooperative is a matter of investigation by the board of directors
societies through an amendment to the BR Act. Since and corrective legal measures can be taken. Now, an
then, we have three categories of cooperative banks, older executive of Infosys, Nandan Nilekani, has come
state cooperative banks, district cooperative banks and back to take charge. Hope, this matter is closed forever
primary (urban) cooperative banks. and the company will do better in all aspects under his
While district cooperative banks (DCBs) are, in a leadership!
sense, federations of primary cooperatives in districts, M Kumar, online comment
and state cooperative banks (SCBs) are apex
banks at state level for DCBs, BYGONES IN MEDICAL
primary (urban) cooperative banks PROFESSION?
are mini commercial banks working This is with regard to “Produce Evidence
in the cooperative sector. While SCBs To Prove Medical Negligence” by
and DCBs are regulated/ supervised SD Israni. It is a very informative
by RBI (Reserve Bank of India)/ write-up. I have observed many of my
NABARD, primary (urban) cooperative acquaintances, who have lost their near
banks are regulated/ supervised by and dear ones by the sheer negligence of
RBI. All cooperatives are under the the medical professionals, letting off the
administrative control of respective state guilty. They generally blame their own
governments. fate and support their view by claiming
During demonetisation days, we have that the incident of negligence has to be
seen the problems faced by cooperatives ignored, as it will not serve the purpose
which were short-circuiting legal of the dead coming back to life.
provisions using political clout and state Srinivas Shenoy, online comment
government support. Kerala has initiated a process
of consolidating all cooperative banks (except urban INFORMATIVE ARTICLE
cooperative banks) and having one large Kerala Bank. This is with regard to “Your Friendly Bankster” by
If the experiment succeeds, it will be another ‘Kerala Sucheta Dalal and Debashis Basu. What an informative
model’ worth emulating by other states. article and I have experienced such mis-selling. PNB
MG Warrier, online comment Metlife proposed to sell me their traditional insurance
product called Endowment Savings Plan Plus saying
WHY DID INFOSYS GO PUBLIC WITH ITS it will fetch returns of 7% as reversionary bonus.
PROBLEMS? However, when I checked their website for previous
This is with regard to “What’s going on in Infosys” by results, it was a mere 2.13% and, when I countered
Sucheta Dalal (Moneylife, 14 September 2017). It is the agent with this information, he simply hung up.
most unfortunate that the private matter of a company He wanted me to first buy the policy and, in case I
become public. The acts of wrongdoing of a company don’t like it, return it in 15 days in which case also the
have internal (by board) or legal recourse. Then, why insurance company would get some selling benefit.
should the seniors of the company go public? The Ravi Kalia, online comment

HOW TO REACH US
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11 | 15–28 Sep 2017 | MONEYLIFE

Letters.indd 5 06-09-2017 14:06:33


Public Interest
societies (CHSs) are also up in
Unfair GST Rates: No Lobby arms about the 18% GST and the
accompanying paper work. Some
for Ordinary Citizen argue that services to members,
by a voluntary committee, cannot

W
hile industry has been This includes cheque-leaves, ATM be considered a service at all. But
in direct touch with the transactions beyond three, cash this issue has not received much
government to lobby for deposit charges, debit card fee, SMS attention, probably because there
concessions in the Goods and fee, minimum average balance and is no powerful body to represent
Services Tax (GST), there is no many more. the cause of affluent middle-class
lobby for the ordinary, tax-paying, Now, for want of a lobby, our Indians living in CHSs, especially
and aspirational citizen of India. In interest is being neglected when it the larger ones. Remember, CHSs
most democracies, it is the elected comes to GST as well. We learn with revenue of up to Rs10 lakh (in
representatives who take up such from social media that consumers any financial year) are exempt from
issues, but middle-class Indians are are being charged anywhere between service tax; this further divides those
not relevant to politicians, mainly 18% to 28% GST for repairs of affected by GST.
because we are not an organised microwaves, refrigerators, washing Mumbai activist Kamlakar
vote bank. The consequence is that machines, etc. Since repairs of home Shenoy has raised another important
we are paying more for many things. appliances are not tax-deductible, issue about how GST affects
For several years now, banks, which the temptation to ditch formal ordinary people. In a letter to the
earn a fat spread on our money service companies and move to cash prime minister, he has pointed out
(difference between their lending payments to informal technicians that there should be no distinction
rate and deposit rate paid to us), will be high. A sensible government between air-conditioned (AC) and
have begun to fleece us on every would have kept GST on repairs non-AC restaurants for levy of GST.
service that ought to be covered by at 5%. Today, AC restaurants have to pay
the income they earn on our money. Large cooperative housing 18% GST, while non-AC ones pay 

Technology & Social Media as Disaster Management Tools


W hen the skies opened up on
29th August and brought
Mumbai to a grinding halt, the only
electronic eye that was providing
feedback to the control room from
over 4,700 CCTV (close circuit
social media for better policing
and other situations? Dr Pradnya
Saravade, additional director general,
wing of the government that earned television) cameras in 1,510 locations Maharashtra police, a already has
the gratitude of ordinary people across the city, combined with interesting ideas
put out some inte
was the Mumbai police. The traffic the excellence
nce of its social about what can be done. She
cops were at every trouble spot, in media handledle says, “There aare reports of
their fluorescent yellow rainwear, (@MumbaiPolice)
iPolice) which the good pres
presence of the city
patiently guiding people, helping continually relayed feedback police on the roads
r through
them navigate flooded streets or to and fromm the control the night and their
t work in
even helping to push a stalled vehicle room to people
eople who tagged keeping the traffic
traf situation
to the side, to clear the roads. Like it with messages
ssages of in control,
control despite very
the people of Mumbai, the traffic distress. movement of
slow mo
police invariably do a brilliant job Wouldn’t vehicles through
vehicle
of managing large crowds during it be waist-deep
waist waters
planned events (the annual Ganesh wonderful to at many
m places.
immersion day, Ambedkar Jayanti amplify thee The sensitivity and
or various public rallies). But their benefits of responsiveness
res
performance, this time, was also technologyy of the Mumbai
attributed to two other factors—the and Police
P Twitter 

MONEYLIFE | 15-28 Sep 2017 | 12

Public Interest.indd 2 07-09-2017 21:17:18


 12%. In fact, GST on fine dining such distinction between AC and the view. Tax expert, Nikhil Vadia,
hotels was reduced from 28% to non-AC barber shops, hospitals, says that a uniform 12% rate for all
18%, while this helped five-star or those selling shoes, clothes, restaurants seems fair, since they get
hotels, it is still too high for ordinary medicine, gold or anything else. input tax credit and no longer pay
AC hotels. “Why can’t an ordinary Even ATMs for withdrawing money the 6% service charge applicable
person enjoy AC comfort for 30 are invariably air-conditioned. So earlier. Also, there is a 5% GST
minutes while satisfying his hunger why this distinction only for eating available for small restaurants with a
turnover of up to Rs75 lakh in most
states—the distinction of AC and
AC restaurants
non-AC must, however, go.
attract 18% GST. Dr VG Patel, chairman of the
Incredibly, even Consumer Education & Research
business-class Centre of Ahmedabad, a leading
tickets in airlines, consumer organisation, also agrees
a true luxury, are that this issue should be pursued
at least to the limited point that
taxed at 12% while
“AC facilities at any place for any
economy-class service or business should not be
tickets attract 5% treated as luxury or meant for higher
income group and, hence, must not
without being burdened with a hefty houses? be charged higher GST… on that
tax?” asks Mr Shenoy. He points We certainly think Mr Shenoy account.” Incredibly, even business-
out that an AC is hardly a luxury in has a point in demanding uniform class tickets in airlines, a true luxury,
hot and humid Indian cities. More GST, at least at the lowest end are taxed at 12% while economy-
importantly, Mr Shenoy points out applicable today. Several activists class tickets attract 5%. Let’s hope
that the government has made no who we spoke to concurred with the government listens. 

 handle during the entire ordeal was hand, his colleague, who started half Dr Saravade also suggests posting
really good and has been much an hour later, took over seven hours GIS map-based visual information
appreciated by the users. What to reach Prabhadevi, by not relying on the police website “to display
does this episode of natural disaster on Google maps and getting further information on food/water/shelter
teach us to do better next time? stuck in traffic by experimenting with sites across the city.” While citizens
”She suggests that images captured different routes. Incidentally, traffic did an admirable job of circulating
by over 4,700 cameras should be updates from @MumbaiPolice on such information on WhatsApp
linked @MumbaiPolice Twitter handle the closing and, later, the opening, and Twitter, an official source for
so that live information can be of the Worli sea-link as well as trains updates would be more credible and
communicated to people even faster. was a huge help to people. Pushing reassuring, she says.
Dr Saravade also suggests information faster to the social media Dr Saravade also suggests a
integrating Google maps with the handle by linking CCTV cameras larger deployment of electronic
CCTV network, to get more accurate would certainly be a big disaster information boards across the city
information. But Google maps are management tool. Communicating which could be used for information
already highly accurate. We know at information captured by CCTV on traffic, trains/buses as well as
least one instance, of an IT executive cameras to policemen on the ground food and shelter with appropriate
travelling from Bandra-Kurla starting would also help them guide people hashtags. Dr Saravade, correctly,
at 2pm that day reached Pune by and help divert traffic away from says people look to the government
6pm by faithfully following the roads trouble spots and clogged routes. for credible information in times
suggested by Google maps, although The fact that most people of disaster and technology now
it was completely different from the have mobiles and their networks provides “that single-point authentic
normal, most direct route to Pune performed admirably was also an source for coordinating an effective
used by him every week. On the other important factor this time. response.” 

13 | 15-28 Sep 2017 | MONEYLIFE

Public Interest.indd 3 07-09-2017 21:17:46


Your Money
MUTUAL FUNDS TAX

SEBI Likely To Bring in Rules for Employees’ Fringe


Benefits To Be Taxed
Merger of Mutual Fund Schemes under GST
S EBI (Securities and Exchange Board
of India) intends to introduce rules
that will force mutual funds (MFs) to
proposed by SEBI are implemented.
In India, 42 asset managers
handle more than Rs19.5 lakh crore T he Goods and Services Tax (GST)
will be applicable on any non-
merge schemes in the same investment across 2,000 MF schemes. SEBI has monetary fringe benefit an employee
category, driving long-pending maintained that the number is high gets from his employer, the government
consolidation in an industry that has and is causing confusion among said. Monetary compensation paid to
hitherto ignored informal requests for investors who have to choose between employees is not considered supply and
ending the surfeit of plans. too many similar will not attract GST, the Central Board of
If a fund house products. Excise and Customs (CBEC) said in the
has two equity latest round of clarifications issued in
schemes with the form of frequently asked questions
mandates to (FAQs). The monetary income will,
invest in large- however, continue to attract income-
cap stocks, the tax. “The compensation to employees
asset manager in the form of money is not a supply.
will have to However, fringe benefits are a supply of
merge the goods or services and are liable to tax
investment if not exempted,” the CBEC said. Fringe
products, benefits are transactions in furtherance
once the new of business. “Even if supplied without
rules consideration, the same are deemed
supply” and will attract GST, it said. On
rental income, CBEC said GST will not be
BANKING
levied on the rental income of less than
Deadline for Banks To Set Up Aadhaar Enrolment Rs20 lakh in a year.

Centres Extended to 30th September


REAL ESTATE

P ublic sector and private banks have got a month’s extension to establish Aadhaar
enrolment centres within their premises. The Unique Identification Authority of
India (UIDAI) said that, on the requests of the banks, it has extended the deadline
SBI MD Says Home-buyers
Too Would Have To Bear the
up to 30 September 2017. The extension has come with the condition of “financial Brunt of Bankruptcy in Real
disincentives for every uncovered
branch per month,” if banks don’t
Estate Sector
meet the criteria of establishing
Aadhaar centres in at least 10% of
their branches.
H ome-buyers and lenders will have to
bear losses in bankruptcy cases in
the real estate sector, India’s largest bank
UIDAI said that to ensure SBI (State Bank of India) said. The Bank’s
compliance of its directives issued managing director (national banking group),
on 14 July 2017 and in accordance Rajnish Kumar, said no one should expect
with the Aadhaar (Enrolment & recovery of their full investment in cases
Update) Regulations 2016, a financial of losses. Mr Kumar was speaking at the
disincentive of Rs20,000 per uncovered branch shall be levied on the bank for failing annual convention of National Real Estate
to adhere to the target of setting up of enrolment and update centres in 10% of its Development Council, a builders’ lobby
branches by 30 September 2017. group.

MONEYLIFE | 15-28 Sep 2017 | 14

Your Money.indd 2 08-09-2017 16:38:02


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Credit Helpline New.indd 3 24-02-2017 16:11:22


Your Money
BANKING

Supreme Court Assures Unitech Buyers–Flat or Refund, Your Pick


T he Supreme Court (SC) assured flat-
buyers in Unitech schemes that it will
ensure relief according to their choice—
getting the money back or allotment
of a flat, according to a report in the
Economic Times. The SC repeatedly
referred to flat-buyers as ‘investors’
and sternly told incarcerated Unitech
managing director, Sanjay Chandra,
that grant of interim bail will depend
on his giving possession of 125 flats in
housing projects in Noida and Gurgaon with the Court Rs5 crore more within ‘Burgundy’ and ‘Amber’ (Noida)—to
to investors on ‘as is where is’ basis. a week. SC asked Unitech to allot 125 establish its bona fides. This has to
The Court placed another condition for flats, which are nearing completion in be done within a week after verifying
interim bail—Mr Chandra must deposit three projects—‘Vistas’ (Gurugram) and authenticity of payments by flat-buyers.

Moneylife

MONEYLIFE
Quiz no

267
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 Raykumar Panyam

investmentnt
draw from correct entries and answers published in the Mutual Fund
investments are quote!
issue dated 26th October 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 4 October 2017.
1. Of all mutual fund (MF) schemes that have declared 5. Of the MF schemes in the Moneylife study that have paid
dividend between September 2016 and August 2017, what dividend, what is the maximum increase in the scheme’s
is the highest dividend as a percentage of the scheme’s net NAV?
asset value (NAV)? a. 19.10% b. 21.39%
a. 37% b. 36% c. 31.26% d. 13.46%
c. 32% d. 16%
6. How many of the 207 open-ended equity MF schemes
2. Which of the following advantages do MF schemes that pay (under dividend option) have not paid out any dividend in
dividends lose out on? the past one year?
a. Capital growth b. Arbitrage opportunities a. 50 b. 60
c. Hedging d. Investing in debt c. 75 d. 100

3. Who is the author of Advice & Dissent: My Life in Public 7. When was the Indian Post Office Act enacted?
Service? a. 1857 b. 1898
a. Dr YV Reddy b. Dr Raghuram Rajan c. 1947 d. 1975
c. Dr D Subbarao d. S Venkitaraman
8. How many countries are covered by Google Maps?
4. Which hacker group unleashed the WannaCry ransomware? a. 100 countries b. 150 countries
a. Federal Bureau of Investigation b. Shadow Brokers c. 190 countries d. 220 countries
c. Alpha Bay d. Charles Ponzi

The answers to Moneylife Quiz-265 are: • 1-a. Securities’ value


In all, 10 readers got all the answers right last time. rises • 2-d. August 2017 • 3-d. Interest rates will fall sharply
The winner of Quiz-265 is Raykumar Panyam from boosting the equity market • 4-b. 153,000 ether • 5-b. 1 August
Hyderabad. Congrats! You win a personalised clock 2017• 6-a. Gary Anderson • 7-b. Video-calling over Internet • 8-a.
with an investment quote! a particular way or method of doing something

MONEYLIFE | 15-28 Sep 2017 | 16

Your Money.indd 4 08-09-2017 16:38:35


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www.moneylife.in
News & views with a big difference
will be a bad precedent, which will be
NDTV wants to ban
quickly adopted by most companies,
mobile phones at its especially those who have a lot to hide.
AGM Normally, the media is allowed to attend
AGMs; it is not clear whether NDTV, a
New Delhi Television Ltd (NDTV), which media house, will bar the media from
projects itself as the champion of free attending, or from carrying their mobiles,
speech and public causes, has decided to recorders and cameras to the meeting.
bar its shareholders, who are probably, the first time that a listed So far, mobile phones are only barred at
co-owners, from carrying mobile phones, company wants to go to such extremes meetings where senior politicians, facing
bags and other accessories at its annual to prevent deliberations at the board a security threat, are in attendance and it
general meeting (AGM) scheduled for meeting from being known to the outside causes great irritation. Is NDTV also trying
21 September 2017 at Delhi. This is, world, including potential investors. This to discourage investors from attending?

How to use RTI for income-tax RERA effect: Builder refunds over
refunds Rs26 lakh to buyer for failing to
Although income-tax refunds are now processed hand over possession of a flat
faster, several taxpayers are awaiting refunds or The Maharashtra Real Estate Regulatory
resolution of other tax-related issues. There are Authority (Maha-RERA), in its first ruling, had
simple and effective ways to resolve issues by helped a buyer get refund of entire booking
following systematic process, making a cogent amount of Rs26.15 lakh paid from a developer
application and persistent follow up, explained for failing to hand over possession of the flat
Rajesh Gada, chartered accountant (CA) and within stipulated time. This case will help other
a certified financial planner (CFP). He was buyers seek refund from builders or developers
speaking at a daily clinic organised by Moneylife for failing to hand over possession of their flats
Foundation

Complicated paperwork and


bureaucratic impediments
affecting household savings:
Aadhaar apps eco-system is Report
vulnerable to malware: Report Indian households can benefit greatly by
The application eco-system built around re-allocating assets towards financial markets
Aadhaar is vulnerable to malware as conflicting and away from gold. However, high transaction
requirements between utility, security, costs and bureaucratic impediments create
delegation and profit-making, have created the a nuisance factor for households hoping to
perfect environment in the unique identification engage in formal financial markets, says a
(UID) system, says a report from Medium.com report

EXCLUSIVE VIEWS On issues that matter to you

Mumbaikars should How Maharashtra Guchchi Tales


ask BMC to publish government tried to Venkatesh G
details of all civic Influence Bombay
works on its website High Court on noise
under Section 4 of pollution
RTI Act Sudhir Badami
Vinita Deshmukh

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NEWSLETTER FREE

Web Content.indd 1 08-09-2017 15:16:27


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

Affordable Housing Plans Can Be


Derailed by the Jaypee Mess
I
n 2008, when the global financial crisis hit India, IDBI Bank set the ball rolling when it approached
the government granted massive concessions to the the Allahabad bench of the National Company Law
realty sector to bail it out. Unfortunately, instead Tribunal (NCLT) to file IBC proceedings against Jaypee
of giving limited support and forcing them to clean up Infratech for a Rs526-crore default. This subsumes
their act, most bankers colluded with shady builders, any other existing litigation against the company.
allowing them to expand recklessly. In most cities, IBC proceedings against the company would have
prices raced past what the market could afford and it left the home-buyers of Jaypee’s projects without any
remains that way. Through all this, builders continued recourse. They quickly came together to protect their
to hold up the prices of unsold property. With banks interest through litigation. The NCLT bench ordered
on the verge of going bust themselves, the music has insolvency proceedings. The government chipped in to
stopped; developers are bankrupt and saddled with help by amending the Insolvency Resolution Process for
incomplete projects. Corporate Persons Regulations, 2016, to allow home-
Caught in the crossfire are lakhs of home-buyers, buyers to file their claim as creditors.
who invested their lifetime savings, or took huge loans However, treating home-buyers on par with other
to book their dream house in such mega projects. The creditors could also mean taking a similar haircut on
government is doing its best to kick-start the market, their investment. The home-buyers approached the
but it is now clear that, unless it sorts out the existing Supreme Court for a stay on the insolvency proceedings
mess, there is unlikely to be a new beginning. ordered by the NCLT’s Allahabad bench. Although
Deepak Parekh, chairman of Housing Development the Court initially granted a stay and had posted the
Finance Corporation (HDFC), and one of the hearing for 10th October, it has, since, agreed to hear
most respected names in corporate India, says, the IDBI Bank’s plea to modify its order on 11th September.
government’s ‘affordable housing’ plan announced in This has put home-buyers, lenders, the realty industry
the 2017 Union Budget has some incredible incentives and the government on edge. IDBI Bank has pointed
for both, real estate industry and home-buyers. Along out that the apex court’s stay order put the promoters
with the consumer protection offered by the Real Estate of Jaypee, who are squarely responsible for the colossal
Regulatory Act (RERA), it could have paved the way mess, back in charge of the company. Home-buyers
for a clean-up and revival of demand. Mr Parekh says are concerned that lenders would think nothing of
that a decent-sized 2-bedroom apartment, which also compromising their interest again.
fits the definition of ‘affordable’ homes, would fulfil An opinion piece in The Financial Express (dated
the dreams of a growing middle-class. Unfortunately, 6th September) alleges that home-buyers’ move to
barring a few large and well-run corporate groups, the protect their flats could derail the insolvency process
industry is in an awful financial mess. itself. The claim that Jaypee’s home-buyers could
Things came to a head after the government pushed derail the IBC seems rather silly. This peculiar problem
banks and lenders to step up loan recovery efforts pertains only to the realty industry, where dubious
through the Insolvency and Bankruptcy Code (IBC). developers, on the verge of bankruptcy, have also 

MONEYLIFE | 15-28
27 November
Sep 2017
2014
| 20| 14

Crosshair.indd 2 07-09-2017 21:15:47


 short-changed lakhs of home-buyers—many of whom to owning a home are rather different.
have paid over 90% of the cost of their home and have • Home-buyers will stop buying under-construction
not received possession of their flats. One solution projects and not only other realty projects, but the
suggested by bankers is that home-buyers, as creditors, government’s ambitious and politically important
may also “need to take big haircuts if need be.” ‘affordable homes’ plan will not take off.
Consider the enormity of what this would mean. In my view, this mess needs a political solution.
• Home-buyers put their faith in government India is notorious for having super wealthy promoters
processes and in bankers and mortgage financiers heading sick companies. A government, which has
having honestly discharged their responsibility promised to go after black money, has to find a way
of appraising the project, ensuring regulatory to deliver on this promise. The Jaypee issue, which
clearances and monitoring the use of funds. It seems involves around 30,000 persons in 27 projects is
preposterous that they should now be asked to both, complicated and political, and home-buyers are
take a haircut on par with lenders who are really mere scapegoats. Jaypee and other projects at Noida
responsible for the bad loan problem. received exceptional concessions from the Mayawati
• If IDBI Bank and other government including land
lenders agree to give up at a throwaway price. It
anywhere between 50% obviously had a quid pro quo.
to 70% of what they Over the past few years,
are owed (yes, initial the Noida Authority has been
proceedings before the working to sort out issues
NCLT indicate that the involving Jaypee as well as
haircut will be as steep as the Amrapali group which
that), a home-buyer will has 40,000 buyers and is
be told that the Rs1 crore, in a similar financial mess.
he has already paid the Amrapali investors, too, have
builder for her home is joined hands to protect their
now worth Rs30 lakh to investment. According to
Rs50 lakh. This mess needs a political reports, some investors have
• In effect, the least solution. India is notorious for paid as much as 90% or more
empowered person in the
having super wealthy promoters for their apartments while
chain will be made to pay others were due to receive
for the collusion of banks
heading sick companies. A their completed flats only by
for lending recklessly government, which has promised 2021. Since the numbers are
and failing to monitor or to go after black money, has to large and the entire industry
recovery of funds. Builders deliver on this promise will be affected by the
also sank into a deeper reputation damage, industry
mess by refusing to clear organisations are also trying
unsold inventory by cutting property prices which to work out a deal with the government for another
bankers knew and condoned but over which home- developer to step in and complete the unfinished
buyers had no control. projects. As always, they want more concessions. And
• Many are continuing to pay EMIs (equated monthly all this pertains only to Noida. There are similar issues
instalments). Defaulting on a home loan is, in fact, a with very large and high-profile developers in Mumbai
financial hara-kiri, because a default in one’s credit and Pune as well.
record makes one ineligible to get a credit card, According to one estimate, a massive Rs10 lakh
personal loans or even open trading account. crore is stuck in incomplete realty projects whose
• Lakhs of home-buyers all over the country are developers are at a financial standstill. Finding a
trapped in this absurd situation and an order on solution that neither lets off the corrupt builder-
Jaypee Infratech will affect their interests as well. banker-neta-babu nexus, nor inflicts damage on buyers
If home-buyers are hurt, there will be political is admittedly a challenge. One of the ways to do
repercussions too. Until now, political parties have this is for the government to put pressure on Jaypee
ignored concerns of the middle-class, unless there is promoters personally and real estate biggies to step in
a huge public uproar. Those who have followed our and find a solution or ban sales of under-construction
writings would know how callously governments projects. Indeed, as we go to the press, we hear that the
have ignored the plight of those who are struggling government-owned National Building Construction
to get companies to redeem corporate fixed Company will be asked to step in and complete the
deposits. But the emotions and aspirations attached Jaypee projects. 

21 | 15-28 Sep 2017 | MONEYLIFE

Crosshair.indd 3 07-09-2017 21:16:10


DIFFERENT STROKES SUCHETA DALAL

Stop Mis-selling, Protect White


Money from Being Looted

L
ast week, I caught up with Deepak Parekh, chairman Coincidentally, Ajit Dayal, until recently the head of
of the Housing Development Finance Corporation Quantum Mutual Fund, has already lashed out at what
(HDFC), who is known for his wise counsel and he calls the decline in HDFC’s ‘ethical and transparent
for taking the lead in flagging policy issues that most standards’ in his newsletter called The Honest Truth.
industrialists are hesitant to raise. We had met Mr Parekh Mr Dayal wrote, “HDFC Mutual Fund was party to
to seek his guidance on how to push the government to the persistence (sic) survival of a scandalously profitable
frame basic guidelines for retirement homes. A study distribution mechanism for mutual funds. Commissions
conducted by Moneylife Foundation underlined this to paid to distributors were never disclosed. Worse, rewards
be an important market segment, but the government were given to distributors for selling the most products
needs to put in place a regulatory framework to protect within a timeframe. Greed was effectively encouraged. The
the rights and safety of elders. fact that this was the standard in the industry is no excuse -
Mr Parekh surprised us for the subsidiary of an HT Parekh
by going on to discuss the created firm.” He is especially
mis-selling of mutual fund riled at the directors of HDFC
(MF) schemes and insurance Bank and the HDFC Mutual
policies by banks including the Fund for their acquiescence
continued practice of offering through silence which encouraged
foreign junkets as incentives to a policy of enhancing AUM
agents and distributors. This (assets under management) at any
is an issue that Moneylife has cost. He expects the inheritors
been campaigning against for of HT Parekh’s legacy to lead
years! Mr Parekh said that he the activism to “clean up messy
had discussed his concerns with practices in the distribution
all three financial regulators— Mr Parekh surprised us by system.”
governor RBI (Reserve Bank of going on to discuss the mis- Mr Dayal, probably, has
India), chairman SEBI (Securities selling of mutual fund schemes the right to criticise because
& Exchange Board of India) and and insurance policies by Quantum Asset Management
chairman IRDAI (Insurance banks including the continued led by example and kept away
Regulatory & Development practice of offering foreign from distributors. But, like us at
Authority of India). Another Moneylife (we say no to native
junkets as incentives
surprise! advertising and advertiser-driven
He raised two key issues. ‘content’), he has had to sacrifice
First, MF industry’s practice of pampering distributors growth for ethics. Is it realistic to expect the industry to take
through foreign junkets which are passed off as education on an activist role? Shouldn’t Mr Dayal’s ire be targeted
trips. The lure of these trips to select performers decides at the government and its multiple financial regulators
which scheme is sold to the customer, rather than the whose primary duty is to protect investor interest through
suitability of products or performance of fund houses. The sensible regulation and strict supervision? Ajit Dayal takes
second issue is mis-selling of insurance products (especially credit for regulatory changes that broke the stranglehold of
the sale of insurance as single-premium policies to senior distributors on the MF industry; but Quantum’s policy of
citizens). When we pointed out that banks are the biggest doing away with distributors hasn’t met with thundering
culprits in such sales tactics, he readily agreed and said that success either.
his group (bank, mutual fund and insurance) was just as Mr Parekh’s initiative of raising the issue of mis-selling
responsible as other financial sector biggies. That is why with the regulators is important. The huge gush of money
he wanted regulators to initiate a clean-up. I am sure, into MFs has set the stage for the industry to voluntarily
many will react to Mr Parekh’s comments with scepticism. end the dubious inducements to bank employees and 

MONEYLIFE | 15-28 Sep 2017 | 22

DIFFERENT STROKES.indd 2 08-09-2017 18:54:46


DIFFERENT STROKES SUCHETA DALAL

 distributors to sell unsuitable schemes. What we need is a internal AUM targets. What is good for the investor or
big shove in the right direction from the financial regulators suitable for her profile is, usually, not in the equation.
to end malpractices. Will they act, now that an industry If FSDC decides to follow the path taken by the UK
stalwart is asking for a clean-up? Let’s look at where we regulator, mis-selling can be stopped very quickly. In the
stand with each regulator. UK, banks, such has Lloyds, Barclays, HSBC, RBS, etc,
• RBI has been the most hypocritical, so far. In February have been forced to pay up close to £40 billion for mis-
2016, Raghuram Rajan said that he had warned banks selling insurance, writes Financial Times. They are likely
of regulatory action for ‘mis-selling’ of third-party to cough up another £500 million before August 2019,
products like insurance. RBI did nothing of that sort. says The Times UK. At the very least, a start must be made
It asked the Indian Banks Association (IBA) to come to stop the most egregious targeting of senior citizens. If
out with an appropriate industry policy regarding the insurance companies are asked to file information on all life
sale of third-party products. IBA operates like a cartel policies, other than term insurance, sold to people over 60,
and will not do anything until pushed. the government would have a quick database of potential
• Dr Rajan also came up with a cosmetic Consumer mis-selling. Cross-checking this with all complaints filed
Charter (which it now admits will never have teeth, by senior citizens, with the banking ombudsman or the
but only articulate guiding principles). Secondly, he said nodal officers of all banks, will probably identify cases of
banks would have an internal ombudsman (IO) to hear mis-selling with 90% accuracy.
consumer complaints. Details about IOs are hard to find If the regulator orders a refund of premium paid in all
on bank websites, although RBI says (in response to an these cases with interest and imposes exemplary damages
RTI application) that all banks on them, it will end the practice
have created these positions. fast enough. The clean-up needs
Their role and responsibility to start at insurance but cannot
is also not known. Thirdly, on stop there. Mis-selling by banks
the eve of his departure, Dr extends far beyond insurance (the
Rajan launched sachet.rbi.org. most egregious) and mutual funds.
in, which is a grievance filing Moneylife had seen cases where
mechanism for all financial relationship managers have opened
regulators. The website is unwanted brokerage accounts
not even updated regularly, for customers, by reusing KYC
apart from occasional, documents, because they earn an
inconsequential additions to incentive from the bank. Bank
some sections. RBI has been the most officials actively accost customers
• In 2016, RBI had also said hypocritical, so far. In and offer personal loans, by
that it wanted the Financial February 2016, Raghuram quoting absurdly low interest
Stability and Development Rajan said that he had rates through misrepresentation.
Council (FSDC) to initiate warned banks of regulatory A blogger writes about how he was
action against mis-selling by tempted by a personal loan offered
banks. But it wants other
action for ‘mis-selling’. RBI at 7.9%; but his own calculations
regulators to raise the issue. did nothing of that sort showed that the lady was quoting
This remains its position even a simple interest, while the actual
under governor Urjit Patel. The only positive action payment, at compounded interest, worked out to 14%.
on this front came in July 2017, following Moneylife There is plenty more.
Foundation’s public campaign when RBI allowed This government has promised us all kinds of
complaints against insurance mis-selling to be heard crackdowns. With less than two years to the next general
by the banking ombudsman. election, it is time it begins to protect people who believed
• In July 2016, the media reported that the insurance its promises. While an attack on black money is laudable,
regulator was actively planning to ban incentives to bank stringent action to protect hard-earned, tax-paid money is
staff—insurers would only be allowed a commission. what the middle-class will really appreciate. 
It has not happened.
• As for the MF industry, fund houses offer quarterly Sucheta Dalal is the managing editor of Moneylife. She was
incentives for select schemes and junkets for selling awarded the Padma Shri in 2006 for her outstanding contribution
specific schemes in a given timeframe that helps their to journalism. She can be reached at sucheta@moneylife.in

23 | 15-28 Sep 2017 | MONEYLIFE

DIFFERENT STROKES.indd 3 08-09-2017 18:55:08


MUTUAL FUNDS POINTERS

Why Equity Schemes with Dividend


Option Make Little Sense
C
hoosing dividend option in a mutual fund’s equity There are a few schemes which have been excluded here
scheme for the sake of fetching regular income while that showed increase in their NAVs, but sadly these didn’t
obtaining growth in value may sound like a good pay out any dividend.
deal, and may even boost your confidence in the scheme, So, while the idea of getting dividend from a scheme
if the dividends received are better than your expectations. may be attractive, remember, it’s your own money that is
But you need to check closely what to expect. The first table being paid out. What you gain in dividends, you will lose
below lists the schemes which in capital appreciation. So, if
have offered the highest value your objective of investing in
to their subscribers in the form an equity scheme is to attain
of dividends as a percentage some regular income and, at
of the purchase price of the the same time, achieve growth
scheme’s NAV (net asset value). in the principal invested, avoid
All diversified equity schemes, the dividend option altogether
which have declared dividends and choose a growth option
between September 2016 and with a systematic withdrawal
31 August 2017, are considered plan (SWP) to get that ‘income’
for this analysis. factor.
As can be seen, high returns You can choose the
through dividends may seem frequency (weekly, monthly or
attractive, such as getting back half-yearly) and the amount of
37% of your invested money in the first year itself; but don’t income you want from your investment, say 1% of the
be surprised to see your investment value down by 30%. total present value. This way, you don’t have to wait for
Only three schemes have managed to give you ‘income + your scheme to pay out a ‘dividend’. Around 60 of the 207
positive growth’. The second table lists schemes that have open-ended equity schemes under dividend option that we
given an astounding growth in the value of investments, found hadn’t paid out any dividend in the past one year,
and simultaneously offered a decent rate of dividend. while only 10 had paid dividends every month. 

High Dividend, Poor Performance Modest Dividend, Good Performance


Scheme Dividend Dividend NAV Scheme Dividend Dividend NAV
Per Unit as % of Change Per Unit as % of Change
(Rs) NAV (Rs) NAV
JM Equity – Half yearly 6.10 37.43 -30.60% DSP BlackRock Natural 1.7 10.70 31.26%
Resources
Taurus Bonanza Fund 23.35 35.64 -29.35%
L&T Emerging Businesses 1.5 8.45 27.76%
Principal Emerging Blue- 16.60 32.44 -13.54%
chip IDFC Sterling Equity 1.31 7.54 24.96%
Principal Growth Fund 13.54 31.90 -12.16% L&T Midcap Fund 4 10.53 22.81%
Principal Dividend Yield 6.77 26.41 -6.48% IDFC Focused Equity 1 8.01 21.39%
Principal Large Cap 7.10 23.32 -12.02% L&T India Value 1.75 7.77 19.10%
Aditya Birla Sun Life Small 4.46 20.65 10.82% Mirae Asset Emerging 2.5 10.33 16.27%
& Midcap Blue-chip
Aditya Birla Sun Life Mid 6.71 20.51 9.17% Tata Equity P/E (Option B) 4.15 8.57 15.90%
Cap
Templeton India Growth 5 7.67 14.00%
JM Equity – Quarterly 4.40 18.84 -8.71%
Aditya Birla Sun Life Pure 3.23 11.73 13.46%
Sundaram Rural India Fund 3.50 15.89 3.28% Value

MONEYLIFE | 15-28 Sep 2017 | 24

Fund Pointer.indd 2 08-09-2017 15:14:10


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: 3.94%, Sensex: 2.24%) Launch Corpus Avg. Quarterly 1-Year 3-Years** Exp
Date (Rs Crore)* Rolling Returns Ratio
L&T India Value 08-Jan-10 4903.11 6.18% 26.86% 24.70% 2.02%
Tata Equity P/E 29-Jun-04 1628.55 5.78% 24.98% 23.10% 2.31%
Aditya Birla Sun Life Pure Value 27-Mar-08 1455.82 5.33% 25.31% 21.32% 2.46%
UTI Dividend Yield 03-May-05 2752.23 3.06% 14.86% 12.25% 2.12%
ICICI Prudential Select Large Cap 28-May-09 729.91 2.95% 8.39% 11.82% 2.65%
HDFC Large Cap 18-Feb-94 1312.43 2.72% 13.68% 10.87% 2.18%
Multi-cap (Category Avg: 4.04%, BSE 200: 3.18%)
Motilal Oswal MOSt Focused Multicap 35 28-Apr-14 7880.05 7.43% 31.14% 29.72% 2.09%
Aditya Birla Sun Life Advantage 24-Feb-95 4077.08 5.58% 20.76% 22.33% 2.30%
Franklin India High Growth Companies 26-Jul-07 6922.82 5.48% 15.02% 21.91% 2.33%
LIC MF Equity 15-Apr-93 352.84 2.05% 4.62% 8.19% 2.82%
UTI Wealth Builder 17-Dec-08 934.76 2.03% 8.11% 8.13% 2.57%
Tata Regular Saving Equity 23-Jul-97 206.69 2.01% 5.20% 8.05% 1.76%
Mid-and Small-cap (Category Avg: 6.07%, Nifty Midcap 100: 8.65%)
SBI Small & Midcap 09-Sep-09 729.65 8.18% 28.10% 32.72% 2.36%
DSP BlackRock Micro Cap 14-Jun-07 5974.52 7.64% 16.29% 30.58% 2.45%
Reliance Small Cap 16-Sep-10 4261.30 7.38% 33.21% 29.51% 2.02%
IDFC Premier Equity 28-Sep-05 5966.46 4.79% 14.86% 19.15% 2.00%
Axis Midcap 18-Feb-11 1230.06 4.54% 14.29% 18.16% 2.20%
DHFL Pramerica Midcap Opportunities 02-Dec-13 147.80 3.97% 11.94% 15.90% 2.62%

Debt Schemes
Income (Category Avg: 2.37%, Crisil Composite Bond: 2.64%)
ICICI Prudential Long Term Plan 20-Jan-10 2480.01 3.03% 11.24% 12.13% 1.26%
ICICI Prudential Income 09-Jul-98 1854.56 2.81% 9.98% 11.25% 1.86%
DHFL Pramerica Dynamic Bond 12-Jan-12 179.65 2.72% 11.69% 10.87% 1.74%
L&T Triple Ace Bond 31-Mar-97 553.65 2.01% 4.64% 8.06% 1.18%
DHFL Pramerica Premier Bond 21-Jan-03 1511.69 1.96% 7.15% 7.83% 1.58%
Invesco India Bank Debt 29-Dec-12 174.53 1.74% 6.70% 6.96% 0.65%
Liquid (Category Avg: 1.90%, Crisil Liquid Index: 1.91%)
Escorts Liquid Plan 03-Oct-05 182.79 2.02% 6.97% 8.07% 0.90%
Indiabulls Liquid 25-Oct-11 6797.10 1.95% 6.92% 7.82% 0.23%
JM High Liquidity 31-Dec-97 4792.90 1.95% 6.89% 7.78% 0.27%
Reliance Liquid Fund - Cash Plan 07-Dec-01 4866.12 1.74% 5.86% 6.95% 1.06%
HDFC Cash Mgmt Fund - Call Plan 06-Feb-02 108.98 1.68% 5.99% 6.74% 0.31%
L&T Cash 27-Nov-06 468.86 1.67% 5.49% 6.66% 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 | 15-28 Sep 2017 | MONEYLIFE

Fund Facts.indd 2 08-09-2017 15:04:29


SMART MONEY R BALAKRISHNAN

‘Professional Management’
Is Not a Panacea

A
company is an entity whose ownership is and can sack the CEO (chief executive officer). We have
represented by share capital. Share capital is seen this happening in some global companies.
controlled by many, including the ‘promoters’ who However, in India, if we consider a company like Larsen
are also the founders, managers and shareholders. When & Toubro (L&T), the management is very different. The
I buy even one share in a company, I become equal to the incumbent stays on till retirement and he will choose the
promoter or manager. That is what we all understand, in successor. The board does not matter much. The CEO
theory. Yet, to get some legal rights that can be enforced, builds the business and decides what businesses to diversify
or to question the company, we should collectively own a into, etc. He is the king of an empire he does not own.
minimum of 10% and, if we have to block the company Capital allocation is his call. Yes, there will be some long-
from doing anything, a minimum of over 25% is needed. range planning; but, as the mercenary hiring and firing
First, let us get real. Irrespective of the percentage takes hold, long-range plans will take a backseat. We
holding, it is the have the example
promoter who of L&T where
calls the shots. there was some
He decides on strategic planning
everything, for the long term;
from appointing but we are also
key executives seeing the sorry
to auditors to state of affairs in
‘independent’ Infosys, a template
directors. He takes of governance at
ALL the policy one time. Maybe
decisions and, in Infosys is a unique
some cases, they case; but the
can be so hands- mercenary hiring
on that every small of the CEO and
transaction will go his imprint on key
through them. By hiring, etc, is very
virtue of the largest visible. So, as a
shareholding, he has “skin in the game.” But he also does minority or a small shareholder, you do not have much
not distinguish between what is a joint stock company leeway. You cannot do much legally. A small shareholder
(where he is accountable to other shareholders) and a cannot afford even the litigation costs.
proprietary concern. He is building the company and The Indian regulator has realised this and is trying
growing it for his children, his family. In the process, if to make ‘motherhood’ changes in micro management
other shareholders get treated unfairly, it does not matter to favour the small or ‘retail’ shareholder. Apart from
to him. this being questionable, it does not achieve the objective
The excesses flowing from this kind of thinking are of actually protecting or helping the small shareholder.
there for all to see. Shareholders of many well-known, When the regulations were drafted, the influencers have
large, family-owned businesses have lost heavily over the been a set of people who thrive on the benevolence of
past two decades. Some people think that a ‘professionally- the promoters and the CEOs. Obviously, laws are always
managed’ company would be much better. From what I drafted in favour of those with money. And, before we
have seen, in many companies, professionals are in a game deride our nation’s regulators, let me hasten to add that
of showcasing better quarterly results so that he or she it is no better anywhere else in the world.
can take performance bonuses. The board is supposed to We still have well-managed and well-run companies.
have ‘independent’ directors who monitor performance Management competence and integrity are, in some way, 

MONEYLIFE | 15-28 Sep 2017 | 26

column_Balakrishnan.indd 2 06-09-2017 18:44:24


SMART MONEY R BALAKRISHNAN

 closely linked. There may be marginal shades of grey; but poor managers. Serendipity and lack of complexity work in
I find that good cash flows, high return on equity (RoE) favour. In a service sector company, with rapidly changing
and consistent growth are hallmarks of good management. dynamics, management quality becomes extremely
Wise managements know the importance of a clean important. It would have been different if the founders
image and the rewards that flow from it. Management of Infosys had left a 20-year vision plan for execution.
integrity fetches a premium valuation. A solid cash flow, They just walked out. Infosys has been a special company
no repeated capital-raising (unless you are a growing bank for the investors. Does this crisis mean that we chuck the
or a financial institution), no fear of hostile takeover, etc, shares out of the window? Is it so bad that the business
are all hallmarks of good management. I feel strongly about of the company is headed to extinction?
some great managements issuing warrants to promoters; Maybe we need to look at the financials again. It can
but the markets are happy to ignore this trespass. Investors probably be a low-growth company for some more time
seem to think, ‘let us not crib them the odd dipping into until a new fix is administered. However, the company
the till’. has a suite of businesses that gives it a solid base. Yes,
The recent Infosys boardroom peep show is something the ‘wow’ factor in Infosys may have come down, but
peculiar: a co-promoter who refuses to fade away, a new business capabilities have not diminished. The one issue
and ‘professional’ board whose actions are questionable which, probably, we could debate is whether the company
and business conditions that are challenging. What is should have gone ahead with the ‘buyback’ plan. With the
obvious out there is that there is a crisis of management management team’s continuity in question, this decision
that is going to fester. Re-installation of any founder should have been left to the next team that will hold the
would amount to a temporary fix and nothing more. The reins. The decision to adopt the buyback, just a day or
distinction between the management structure at TCS and two after the controversies surfaced, raised eyebrows.
Infosys is remarkable. TCS has a single dominant owner The board, being a professional one, surely, should have
who is removed from the management. The management deferred this call.
has been professional, with none of the owners getting into It is unfortunate that Infosys is caught in this imbroglio
executive roles. This has brought forth talent from inside at a time it is facing business headwinds. Its growth is not
and the company is the industry leader. Infosys, on the guaranteed. It is not just a question of rising wages in India
other hand, burst like a star on the horizon, with hands- and increasing global protectionism. It is also a fact that
on promoters. Once they decided to step down, there is business models will keep changing rapidly and, to adapt
a vacuum. Probably talent from inside was never allowed to that, management continuity and long-range planning
to grow, with the founding partners allocating various key seem to be critical. One thing is for sure. The premium
roles for themselves. Instead of a long transition, it was that we gave to the price of this stock is certainly in the
like an abrupt change. fourth quadrant now.
In the manufacturing sector, companies have survived Disclosure: I own some shares in Infosys Ltd. 
bad managers. The first set of promoters has set up great
businesses and, for some time, they can suffer the burden of The author can be reached at balakrishnanr@gmail.com

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27 | 15-28 Sep 2017 | MONEYLIFE

column_Balakrishnan.indd 3 06-09-2017 18:44:41


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


good faith in the proposal form is
important, medical test done by the
insurance company is also a proof
of existing ailments. The insurance
company cannot pretend to be

INSURANCE TRENDS ignorant of the medical test reports.


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New products, regulations, features and options, preference; hence, the insurer needs
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H e a lt h I n s uranc e the cardiac problems arose from It will help to complete robust
complications of such PED. Kerala underwriting. Any new revelation
Mediclaim: Do State Consumer Disputes Redressal
Commission upheld a compensation
in the report should be updated in
the proposal and policy document,
Insurers Have of Rs1.57 lakh awarded by a to clearly define the PED.
Robust Medical district consumer forum. Unfortunately, there have

Underwriting? The Commission pointed out


that the certificate issued by the
been cases wherein an insurance
company may keep quiet until the
doctor after medical examination claim is lodged. The policyholder

T he Hindu reported a case of


policyholder of the Varistha
Mediclaim policy of the National
of the insured had noted such PED
and also diastolic dysfunction
on echo cardiogram. In case any
keeps paying premiums over the
years only to get claim rejection
under the garb of non-declaration
Insurance Company who was extra premium was required for of PED. It is unfair on the part of
refused reimbursement of medical coverage of the PED, the insurance the insurance company to feign
expenses on the ground of company should have demanded ignorance about PED issues evident
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hypertension and diabetes and that While declaration in utmost insurer should use the medical 

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fraudulently sold policies, IRDAI is
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T he Insurance Regulatory and


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the menace of deceit instead of No Health Fund for Senior
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sales persons in India. The
A ddressing a seminar on
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supposed to ensure that all licensed of PHD Chamber of Commerce
insurance sales persons working and Industry, secretary, ministry
for insurers and intermediaries, of health and family welfare, CK
including entities such as insurance Mishra, ruled out the possibility
agents, broker qualified persons, of setting up of ‘Health Fund’
specified persons of corporate in the immediate future. This is
agents, authorised verifiers of web trying to ensure that licensed agent due to experience of the Centre
aggregators, point of sales persons works only for one insurer or which reflects that the health fund
(POS), etc, do not work with intermediary. Instead of questioning created for senior citizens has not
multiple insurers and intermediaries the insurers who underwrite such been appropriated as intended 

MONEYLIFE | 15-28 Sep 2017 | 30

Insurance.indd 2 06-09-2017 19:37:22


INSURANCE TRENDS

 tests to ascertain the PEDs and, grounds of concealment of medical will have to help yourself and
if necessary, collect additional condition and suppression of facts. ensure your proposal has all the
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September 2015 Cover Story - and also the customer’s lack of insurer or even cancel the policy
“6 Mediclaim Blunders as it is worthless
To Avoid” (http://tinyurl. without proper PED
com/ybq4fjhj). The heart declarations.
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in fifth year was rejected on the clearly show it. The lesson is: You reject the proposal. 

 and desired in the past and, IRDAI has asked all insurers having and income as well as increase of
therefore, the government is not unclaimed amounts of policyholders health-related issues and medical
contemplating it any more. for a period of more than 10 costs. Moneylife’s view is that, for
years as on 30 September 2017 to children’s education, one should
Unclaimed Insurance Benefits To transfer them to the Senior Citizens’ avoid buying child plans from life
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amounts with insurance companies.
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31 | 15-28 Sep 2017 | MONEYLIFE

Insurance.indd 3 06-09-2017 19:36:40


The Insolvency and Bankruptcy Code will work only if crooked corporate debtors,
bankers and insolvency players don’t game it. Has the rot already started, asks
Dr Rajendra Ganatra. IBC will not lead to a drastic improvement in the bad loans situation

I
ndian banks, particularly the public sector banks mandatorily completed in a maximum of 270 days after
(PSBs) including SBI and its associates, have admission of an application by National Company Law
been victims of very high non-performing assets Tribunal (NCLT) for insolvency resolution, failing which,
(NPAs) and other distressed assets camouflaged the corporate debtor has to be necessarily liquidated.
as restructured assets. The malaise has been The creditors can practically decide to liquidate the
compounded by the extremely slow legal process for company in less than two months of admission of the
recovery. PSBs’ gross NPAs and restructured assets insolvency application. In other words, certainty and
stood at dangerous 18.5% of total loan outstanding speed of resolution through restructuring or liquidation
as on 31 March 2017 (see graph on the next page). is the hallmark of IBC, unlike previous credit recovery
The asset quality is deteriorating rapidly, as is evident legislations.
from worsening of asset quality indicator (AQI) of the While the financial creditors can file for insolvency
Reserve Bank of India (RBI), from 0.68 in March 2016 resolution under Section 7 of the IBC, the operational
to 0.90 in March 2017. This calls for drastic measures to creditors and the corporate borrowers can file under
avert a banking crisis. Towards this end, the seven-point Section 9 and 10, respectively. Upon admission of the
Indra-dhanush framework for revamping PSBs was application, the borrowing company’s board of directors
announced in 2015. However, after adoption of the is suspended and the control passes on to the insolvency
easier part, the framework has been forgotten and NPA resolution professional who must execute the mandate
resolution under the Indian Bankruptcy Code, 2016 in terms of IBC and under the guidance and supervision
(IBC) is being treated as a panacea. of the committee of creditors (COC). The resolution
professional, initially, joins as interim resolution
Robust Legislation professional (IRP) for 30 days and, thereafter, may
Under IBC, the process to fix financial distress has to be continue as regular resolution professional (RP) or be 

MONEYLIFE | 15-28 Sep 2017 | 32

Cover Story.indd 2 08-09-2017 19:13:48


COVER STORY

spite of catalysing significant interest of the RAs, if an


PSBs: % Gross NPA & Restructured Loans acceptable RPlan does not emerge, COC can liquidate the
to Gross Advances assets, with RP acting as liquidator. Since the RP works
under COC’s supervision, the liquidation process is also
20% 18.5%
17.2%
speedy. As IBC in India focuses on competitive bidding,
Section 30 auctions can also catalyse acquisitions from
16%
operating buyers and financial investors. Since auctions
12.7%
12% 10.6%
of NPAs under 15:85 structures to asset reconstruction
8.9% companies (ARCs) have tapered down, it is expected
8% that, for survival and growth, ARCs would be in fray
with competitive RPlans to take over the distressed
4% assets.
The major challenges in IBC process are: how the
0%
IRP/RP can ensure that the operating unit continues
2013 2014 2015 2016 2017
with normal operations, understand the business and
catalyse an optimum RPlan. Acquisition entails rigorous
 replaced by the COC. While the COC drives the decisions due diligence and bottom-up analysis by the bidders. To
about the restructuring or liquidation, the adjudicator’s make the auctions within statutorily limited period of
role is limited to compliances with the provisions of IBC 180-270 days under IBC successful, the RP must display
and dealing with questions of law. the skill and speed comparable with that of an investment
Hence, this legislation will not degenerate like Sick bank. The skill requirement increases exponentially with
Industrial Companies Act (SICA), The Recovery of the size of the corporate creditor. Limitations of RP
Debts Due to Banks and Financial Institutions Act can result in adoption of the process for its sake and
(RDDBFI) and The Securitisation and Reconstruction acceptance of sub-optimal RPlan. The process is likely to
of Financial Assets and Enforcement of Security Interest see significant change, based on experience.
Act (SARFAESI) each of which had created endless
delays. Banks’ Response to IBC
As the IBC process is time-bound and under
IBC: Restructuring / Liquidation COC’s control, banks were expected to adopt IBC
Under IBC, the IRP/RP in control of the company’s enthusiastically. However, the banks’ response to IBC
operations must protect and preserve the value of has been muted.
the property of the corporate debtor and manage its So far, seven benches of NCLTs have
operations as a going concern while he presents two disposed of 22 applications (Section-7: 13,
major deliverables for insolvency resolution. The first Section-9: 8 and Section-10: 1) for an amount of
deliverable is the information memorandum (IM) under Rs14,423.60 crore, 97.5% of which is accounted for
Section 29 of the IBC and Clause 36 of Corporate by two financial institutions which were not banks.
Insolvency Resolution Process (CIRP) regulations. The RBI’s guidelines for 100% provisioning on IBC-driven
IM is expected to carry complete details of the financial accounts in two years causes disincentive for banks for the
position, operations, shareholding pattern, company’s adoption of IBC for new NPAs. However, there is no such
guarantee obligations, litigations and other relevant disincentive for NPAs that are two or more years old. Yet,
information. banks do not seem to have adopted IBC enthusiastically
The second deliverable is the resolution plan (RPlan), due to low liquidation values expected under the IBC
which the RP must catalyse through transparent bids process and the resultant provisioning for the entire asset
for submission of RPlans under Section 30 of IBC by shortfall, aside from possible accountability issues. No
the resolution applicants (RAs). Efficient due diligence wonder, an ordinance amending Banking Regulation
by RAs can be facilitated by comprehensive and credible Act, 1949 was passed in May 2017 authorising RBI to
IM which must go beyond the mandatory requirements issue directions to banks for the speedy resolution of
in terms of IBC and CIRP, and make time and data distressed assets or adoption of IBC.
available to the bidding RAs for efficient due diligence. Simultaneously, RBI’s circular of 5 May 2017 laid
If the RP does an efficient job, the process can lead to strong emphasis on banks adopting restructuring under
rigorous bidding and acquisition of the corporate entity the existing RBI schemes within the prescribed timelines,
by an RA, and maximised recovery for the lenders. In or face penalty. 

33 | 15-28 Sep 2017 | MONEYLIFE

Cover Story.indd 3 08-09-2017 17:42:21


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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

 IBC Restructuring: A Double-edged Sword? with the resolution of 12 large accounts, with total debt
Will such moves work? Resolution of distressed account of Rs2.50 lakh crore (25% of gross NPAs), put under
entails trimming liabilities to a serviceable level so IBC. If the solitary NCLT RPlan of Synergies Dooray
that operations remain financially viable. The critical Automotive Limited approved by NCLT in August 2017
parameter which separates restructuring from liquidation is a precursor to NPA recovery levels from IBC process,
is the difference between the restructured loan amount it is worrisome for the banking sector. Let’s see the
over the estimated liquidation value of the assets, and the astounding features of Synergies RPLan.
sacrifice that the lenders are willing to make. The extent Synergies Dooray made an application to NCLT
of lenders’ acceptable sacrifice in restructuring has been Hyderabad under Section 10 of the IBC. RPlans under
left to the empowered group of banks for corporate debt Sction 30 of IBC were submitted by the three RAs The
restructuring (CDR) and corrective action plan (CAP) COC composition as formed by the RP and accepted by
structures under joint lenders forum and other structures NCLT was as follows:
introduced by RBI periodically since 2002 when CDR
was introduced. RA Paid-up Capital Remarks
But CDR/CAP have largely failed. This was due (as on date)
to the inability of promoters to meet restructuring SMB Ashes Not Available
parameters. The recent schemes, viz., strategic debt Industries
restructuring (SDR), introduced in June 2015, and Synergies Rs23.11 Cr • Group/ holding
scheme for sustainable structuring of stressed assets Castings Ltd (31/3/2016) company of
(S4A), introduced in June 2016, have also failed, since corporate debtor
the distressed companies did not have sustainable debt • Significant debt
availed from banks
of even 50% prescribed in the schemes. This establishes
Suiyas Industries Rs0.25 Cr • Too small to bid for
recoverability of less than 50% of the loan. IBC is free
P Ltd (31/3/2016) such a large borrower
from such parameters and can even provide for waiver
of past and future government dues in terms of clause
37(1)(j) of CIRP regulations. This flexibility and accent on The COC rejected the RPlans of the first two RAs
competitive RPlans has the potential to catalyse optimum and accepted that of SCL, a promoter group company.
price discovery and give to the lenders the maximum The RPlan involved payment of a small fraction of the
possible recovery, notwithstanding significant write-offs. debt outstanding.
The key, however, lies in transparent and competitive
bidding by multiple RAs. Restricted and opaque bidding Creditors Debt % Voting Share
can induce the corporate borrower’s moral hazard and in COC
result in heightened losses to the lenders. Edelweiss ARC Ltd (EARC) Rs86.92 Cr 9.84
Will the sale under IBC improve recoveries from Alchemist ARC Ltd (AARC) Rs122.06 Cr 13.83
NPA signifi cantly beyond the current 10.3% (see graph Millennium Finance Ltd (MFL) Rs673.91 Cr 76.33
below)? It is a matter of months before the figure emerges Synergies Castings Ltd (SCL) Rs89.26 Cr 0.00
Total Rs972.15 Cr 100.00

Recovery from NPAs


In effect, the RPlan delivered to secured lenders just
20% 22% 4.8% of the debt outstanding. As a precedent, this is very
18.4% damaging to banks. EARC contested the classification
16%
of MFL as a financial creditor and abstained from
12% 12.4%
voting at the COC meeting which accepted the RPlan
10.3% with 90.16% vote. EARC argued that the loans from
8% five banks bought over by SCL were assigned to MFL
through three assignment deeds. Since SCL was a related
4% party, the debt assigned by it to MFL could not be treated
as financial credit (this was not akin to assignment of
0% receivables in normal course of business). Besides, even
2012-13 2013-14 2014-15 2015-16
the assignment deeds were not executed as per the law,
since the assignee (which had a paltry paid-up capital 

MONEYLIFE | 15-28 Sep 2017 | 36

Cover Story.indd 4 08-09-2017 17:38:22


COVER STORY

RPlan for Synergies Dooray


Creditors Debt Amount as per % of Debt # Present Value as % of Debt
Outstanding RPlan Outstanding per RPlan Outstanding
EARC Rs86.92 Cr Rs4.89 Cr 5.6 Rs4.19 Cr 4.8
AARC Rs122.06 Cr Rs6.86 Cr 5.6 Rs5.89 Cr 4.8
MFL RS673.91 Cr Rs37.91 Cr 5.6 Rs32.52 Cr 4.8
SCL Rs89.26 Cr Rs3.51 Cr 3.9 Rs2.49 Cr 2.8
Total Rs972.15 Cr Rs53.19 Cr 5.5 Rs45.10 Cr 4.6
# Discount rate: 10% pa. Figures in shaded columns are calculated

 of Rs65.94 lakh as on 31 March 2016) had not paid assignment value first and recover later in terms of RPlan.
consideration for the assignments. NCLT rejected In such a case, based on discount rate of 20%pa, the PV
EARC’s appeal on 2 August 2017. EARC has appealed. of receivables works out to around Rs29 crore reflecting
Interestingly, the RPlan allowed netting of MFL’s unpaid a loss of Rs8.92 crore to MFL within months of the
assignment value of Rs37.91 crore against interest-free transaction. It is inconceivable that a finance company
instalments for three years after a one-year moratorium. will settle for such losses without a murmur sans a
Let’s look at what this means. sweetheart deal to compensate for such accommodation
A buyer of non-performing loan expects a significant through a carefully structured invisible deal.
return from such risk-proven assets and would price IBC is of help to genuine as well as crooked corporate
them at the present value of anticipated cash flow debtors. Where there is a likelihood of a significant
discounted at the required rate of return. Assuming a asset shortfall, banks have no incentive to adopt IBC.
modest required return of 20%pa, the present value (PV) In such cases, for a promoter whose account has turned
of the above-mentioned cash flow to MFL works out to non-performing due to factors beyond his control, IBC
just Rs24.98 crore, only 66% of the assignment value of provides a vehicle for speedy discharge. IBC permits
Rs37.91 crore. In other words, MFL accepted an RPlan avoidance of undervalued or extortionate credit
with huge loss within months of executing assignment transactions up to two years preceding the insolvency
deeds. However, this loss is notional, since the receipts by commencement date. A crooked promoter, who has done
MFL were to be fully netted with his payables in terms such transactions earlier than two years, can adopt IBC
of the RPlan. So, the debt assignment to MFL reflected for a speedy exit or continued control with substantial
zero, or negative, consideration, having regard to the haircut by banks.
transaction costs. The role of RP is, therefore, crucial for maximising
Following EARC’s objections, the RPlan has been value for the banks from the distressed assets. The
reportedly modified and requires MFL to pay the debt Synergies matter, as and when disposed of, would 

Present Value Computations (Rs Crore)


Present Value on Repayment as per RPlan (Interest-free)
Lenders / RP 24/11/2016* 09/08/2017** 31/8/2017 31/3/2018 31/3/2019 31/3/2020 31/3/2021 31/3/2022
RP 0.49 50 - - - - -
EARC 4.14 - 1.63 1.63 1.63 - -
AARC 5.89 - 2.28 2.28 2.28 - -
MFL 24.98*** 32.52 - 12.63 12.69 12.63 - -
Deferred ST 2.49 - - - 1.17 1.17 1.17
Statutory Dues .019 - - - 0.12 0.12 0.12
Other Liabilities 0.008 - - - 0.004 0.004 0.004
* Date of assignment of loans from SCL to MFL ** Date of NCLT order *** Discounted at 20%

37 | 15-28 Sep 2017 | MONEYLIFE

Cover Story.indd 5 08-09-2017 17:38:42


COVER STORY

Bankruptcy Resolution: Global Experience

I n the paper, titled “Cashing Out: The Rise of M&A


in Bankruptcy”, Stuart Gilson, Edith Hotchkiss, and
Matthew Osborn studied a large sample of 350 filings
Recovery from NPA
100%
for Chapter-11 bankruptcy protection in USA during
2002-2011, significant acquisitions under bankruptcy 80%
auctions (table-1).
60%

Table-1 40%
Category Number %
Sold as going concern 20%
- To financial investors (PE/ hedge 30 8.6
funds, etc.) 0%
- To operating buyers for synergy 45 12.9 Japan OECD East Asia & South Asia India
Adopted reorganisation plan 237 67.7 Countries Pacific Region Region

Liquidated and wound up 38 10.9


Under the UK bankruptcy code, 50% of the
Total Sample 350 100.0
distressed companies were sold as going concerns
and over 40% liquidated piecemeal. The liquidation
Overall, 52.6% of the companies sold some or process gets concluded in about 1½ years and delivers,
all the assets for cash, indicating significant role of to the lenders, recovery of about 75%, with recovery
mergers & acquisitions (M&A) in Chapter-11 process. cost of about 15%, of the asset value. Overall, 75% of
The auctions involved multiple biddings. The secured the distressed assets undergo bankruptcy and the rest
creditors catalysed the asset sale and use of M&A, are restructured, reflecting the lenders’ preference for
particularly for the going concerns in many cases. restructuring viable businesses. India’s situation was
Secured creditor recoveries often exceed 50% in USA. among the worst.

 set a precedent for the transparency and quality of up and may improve the recovery significantly, it will
transactions, and conduct of intermediaries and COC, not resolve the NPA problem which has resulted from
etc. A look at some of the advertisements inviting RPlans PSBs’ management and organizational inadequacies
shows opacity in the process to thwart competition. Assuming an optimistic recovery of 22% (FY12-13)
This would mean banks living with the same promoters from NPAs and restructured assets of Rs11.50 lakh
or their proxies with maximum haircut or head-cut! crore as on 31 March 2016, the government will have
If that is the case, a robust legislation like IBC will be to recapitalise PSBs by Rs8.97 lakh crore in short to
undermined. medium term due to growing NPAs, notwithstanding
India has the dubious distinction of being the slowest provisionings. How will the epoch-making IBC reduce
in credit recovery as is evident from World Bank study this? To save banks from the coming crisis, it is necessary
(See graph Average Recovery Time). This has resulted for the government to go beyond IBC urgently, even as
from extremely tardy process in SICA (Sick Industrial it tries to plug attempts to game it. To begin with, the
Companies Act) /BIFR (Board for Industrial and government should immediately implement PJ Nayak
Financial Reconstruction) since repealed, and RDDBFI committee’s recommendations by professionalising
and SARFAESI Acts. With creditor-driven IBC, India is PSB top management and boards, apart from reducing
expected to substantially improve the recovery duration. the government stake below 50%, and removing
While this will minimise asset impairment and enhance compensation and operational constraints. Subsequently,
recovery, it cannot improve the inherent asset quality, PSBs must be privatised. Right now, the policy-makers
since low NPA recovery of PSBs is primarily due to asset and investors are complacent that the IBC will speedily
overstatement which has often come to light in the past. shrink the mountain of NPAs and also prevent a growth
It is unlikely that the Synergies recovery figure would of bad loans. This may be misplaced optimism with
prove to be an outlier. My sense is that IBC will speed dangerous consequences. 

MONEYLIFE | 15-28 Sep 2017 | 38

Cover Story.indd 6 08-09-2017 17:39:07


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


StockWatch Stocks and sectors that catch our eye

S I N T E X P L AS T IC S water transportation, sewage water ater transportation,


sewage treatment systems, etc. In n retail custom
Interest Cost moulding, Sintex manufactures
manufactu water storage solutions,
sub-ground structures, false ceilings,, d doors and cabinets
Devouring
ng Profits aimed at low-cost and mass housing solutions.
Sintex started prefabricat
prefabricated structures business

S
intex Plastics Technology
echnology (SPT) recently demerged in 2000. The prefabricated sstructures are completely
from Sintex Industries
ustries which was knocked-down kits that can be assembled at the site
into two businesses—textiles
sses—textiles by trained professionals ther
thereby minimising wastage.
and plastics. The idea a was benefits of prefabricated
The benefit
to unlock the value of the structures position Sintex as the
structure
plastics business and preferred
prefer solution in India’s
give it a clear focus and effort towards strengthening
identity. SPT has two o social infrastructure such as
subsidiaries, viz., Sintex
tex toilet blocks,
blo healthcare centres,
BAPL and Sintex Prefab fab police ch
chowkis, labour camps
Infra. The custom moulding
oulding and temporary
temp shelters, among
business is operated under others. Sintex
Sin started the monolithic
Sintex BAPL while the he prefab, construction business in 2007. It
constructi
infrastructure and monolithic
onolithic involves fafabrication and casting
construction are operated
rated of four wawalls and slabs together
under Sintex Prefab Infra. by pouring cement concrete into a
SPT has operations across
cross nine while using nominal quantity
mould, whi 
countries--16 manufacturing
acturing
locations across Europe,
ope, two in
the United States, two in i Africa
Af i and d 16 Margin Comparison
across India. Now that the dust has settled on the 25%
demerger and both the companies are listed, is Sintex
Plastics worth looking at for the long term? 20%
Sintex’s custom moulding business can be
15%
categorised under industrial and retail sector. Industrial
custom moulding has applications in automotive, 10%
aerospace, electrical, mass-transit, off-the-road vehicles
and medical imaging products. The major driver for 5%
market growth is the rise in demand for electrical,
0%
wind energy, pipe and tank applications due to increase OPM% NPM%
in the number of government projects like smart cities Sintex Plastics Supreme Industries Wim Plast
development, eco-friendly energy generation, fresh

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 Economy’s Prowess database.

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

MONEYLIFE | 15-28 Sep 2017 | 40

StockWatch.indd 2 08-09-2017 17:01:41


STOCK WATCH

 of metallic As can be
reinforcement Company MC/Sales OPM NPM RoCE D/E Ratio P/E Ratio seen, Sintex is
bars to form Sintex Plastics 0.97 20% 7% 13.2% 1.31 13.82 doing much
a single multi- Supreme Industries 3.32 16.39% 8.5% 38% 0.18 41.77 better than its
storeyed peers at the
Wim Plast 4.65 23.67% 13.6% 31.76% 0 34.22
building. operating level
The business but, due to high
is certainly booming. Its FY16-17 revenues were debt, much of the profits are consumed by interest cost.
Rs6,029.7 crore, a 52% jump over FY15-16 revenue While its operating profit is 20% of sales, interest cost
of Rs3,958 crore. Its operating profit was Rs782.8 as a percentage of operating profit is 22% compared
crore and net profit was Rs419 crore. The return on to just 3% of Supreme Industries. This is one of the
capital employed (RoCE) was a modest 13.2% and several reasons why its price-to-earnings ratio (P/E)
return on equity (RoE) 13.5%. The operating profit is much lower than that of Supreme and Wim Plast.
margin is 20% while net profit margin is 7% which is The debt is in the form of foreign currency convertible
due to the high debt the company has on its balance bonds; hence, the risk of equity dilution also remains if
sheet. Compared to its peers, Sintex Plastics is highly bondholders exercise their right to conversion.
leveraged with debt:equity ratio of 1.3, which has led Wim Plast’s P/E is multiple of 34 because of higher
to the company not receiving higher valuation like that net profit margin and zero debt. The key factor to
of its competition such as Supreme Industries and Wim watch out for in case of Sintex is a gradual reduction
Plast. The table above gives a comparison of various in debt which will help the company receive higher
factors with competitors valuation. 

S H I VA M A U T OT E C H include: BOSCH, DENSO, Maruti Suzuki and India


Nippon etc.
Turning Around? For the past few quarters, Shivam has been doing
badly—sales growth had come down and margins

A fter two successive quarters of losses, Shivam


Autotech has made Rs2 crore profit in the June
quarter. Is it on the verge of a turnaround? Shivam is
contracted. However, things have looked up in the
June quarter. Year-on-year sales growth was 16.9%,
following 3.3% for December 2016 and just
an auto-ancillary company of the Hero group, based 1.5% for March 2017. With growth
in New Delhi, with manufacturing operations in picking up and product changes, can
Gurugram, Manesar and Rohtak (Haryana), we expect better margins at least
Haridwar (Uttarakhand) and Bengaluru. It at the operational level in the
is one of the largest manufacturers of coming quarters, though
transmission gears and shafts used interest cost will keep the
by two-wheeler companies, net margins subdued until
auto-electrical components, the debt comes down. The
steering components and key to Shivam’s future is the
various precision engineering how quickly it starts sweating
components. The Bengaluru the assets of Bengaluru and Rohtak.
and Rohtak plants have Higher capacity utilisation of these
been commissioned recently plants will mean multiple positives.
with a capital expenditure of One, much higher contribution to
Rs200 crore. These two plants profits because these plants produce
have been set up to manufacture higher-margin products. Two, a move to
import substitute products, such as a higher growth four-wheeler sector. Three,
alternators, starter motors and electric opening up of the export market for these new
steering components. Most of these are products. Better utilisation of these assets is critical for
meant for four-wheelers. Hero MotoCorp accounts for Shivam’s shareholders because the company has taken
nearly 78% of company’s revenue which eliminates any more than Rs200 crore debt to set up the new plants.
volatility in revenue. Other customers of the company This has brought down the interest coverage ratio of 

41 | 15-28 Sep 2017 | MONEYLIFE

StockWatch.indd 3 08-09-2017 17:03:01


STOCK WATCH

Asset Turnover Ratio Operating Profit Margin

1.76 17.50%

15.50%
1.52
13.50%

1.28 11.50%

9.50%
1.04
7.50%

0.80 5.50%
Mar-07 Mar-12 Jun-17 Mar-16 Jun-16 Sep-16 Dec-16 Mar-17 Jun-17

 the company from 2.75 (FY14-15) to 1.65 (FY15-16) efficiency, FY17-18 revenues can grow in double-digits
and 0.5 (FY16-17). The graphs show operating margin while the company also repays debt. If the new assets
and interest coverage ratio for the past six quarters. start yielding revenues, the stock may do well over the
Given the signs of improvement and operational medium term. 

SOBHA Development Finance Corporation (HDFC), indicated


that real estate companies are excited about this
Developing Interest opportunity because it is a truly attractive scheme for
home-buyers as well as builders. If it does turn out to

R eal estate stocks have shot up over the past six


months, much to the surprise of many (including
Moneylife) who believed that, post-demonetisation,
be so, some of the better-run real estate companies are
likely to do well. One such company is Sobha Limited,
headquartered in Bengaluru, with a presence in 26
attack on cash-based transactions and under the regime cities across 13 states. Since inception in 1995, it has
of Goods and Services Tax completed 406 projects, own
(GST), one of the biggest losers as well as contracted projects,
will be the real estate sector. The with a total developed area of
buoyancy in the real estate sector 86.73 million square feet. It is a
is partly due to the ambitious rare real estate company which
scheme, Pradhan Mantri Awas has a training academy, viz.,
Yojana (PMAY), under which the Sobha Academy, for training all
government has set in motion employees, ensuring that they are
the goal of achieving housing for abreast of the latest developments
all by 2022. Under the scheme, in their fields of work.
a buyer with income of up to Sobha has two divisions.
Rs12 lakh can buy a house Its contractual segment, which
of 90 square metres and avail works for large companies like
interest subsidy of 4%. A person Infosys, Biocon, Bayer and
with income up to Rs18 lakh Taj Hotels, provides end-to-
can buy a house of 110 square end solutions starting from the
metres and avail 3% interest conceptualisation of a project
subsidy. Those with income of up to Rs6 lakh can avail to completion with civil, mechanical and electrical
an interest subsidy of 6.5% for a house of 60 square engineering, plumbing, interiors, glazing, metal works
metres. and landscaping. Sobha’s manufacturing vertical
Our discussions with Deepak Parekh, chairman provides the raw materials for construction. It has an
of India’s largest home loan company, Housing interiors division with one of the largest woodworking 

MONEYLIFE | 15-28 Sep 2017 | 42

StockWatch.indd 4 08-09-2017 17:03:39


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


STOCK WATCH

 factories in the country, a glazing and metal works on 11 March 2017, talks about the categorisation
factory and a concrete products division. In an attempt of affordable housing and loans. Another factor that
to diversify further, it has also ventured into the retail will help better quality of builders is the Real Estate
space with the launch of ergonomic spring mattresses Regulation & development Act (RERA). The Act will
under the brand name Sobha Restoplus. make it tough for many smaller and shady players to
survive.
Affordable Housing
PMAY is one of the biggest drivers of its business. In Strong Cash Flows
a recent media interview, vice chairman and managing The management has mentioned that the earnings
director of Sobha, JC Sharma, said that “the definition would continue to be under stress for some time,
of carpet area up to 60 square meters, to the best of though FY17-18 is likely to be better. Revenue from
my knowledge, will ensure that all developers should the real estate operations rose 21% yer-on-year (y-o-y)
be having this kind of a product because it will bring to Rs506 crore in the June 2017 quarter from Rs418
down their construction cost, improve their volume crore and revenue from contracts and manufacturing
and give them the income-tax benefits as well.” He operations was up 11% y-o-y to Rs173 crore (Rs156
added that the company is doing two roadshows at its crore). Total revenues went up 18% y-o-y to Rs674
two projects in Bengaluru crore (Rs570 crore)
along with HDFC, while net profit jumped
supported by National Revenue June 2016 Revenue June 2017 33% y-o-y to Rs48 crore
Housing Bank (NHB), for Quarter Quarter (Rs34 crore). The share
1% 1%
the Awas Yojana. Sobha, is trading at a price-to-
in its analyst conference earnings ratio (P/E) of
call for 4QFY16-17, 21.48.
said that it is aiming at 27% 25% In an industry
1 million square feet burdened with high
72% 74%
of affordable housing debt, Sobha reduced its
products in Bengaluru borrowing cost during
(North) which it will try the June 2017 quarter
to launch in FY17-18. by more than 50 basis
Sobha has also launched a points to below 10.5%
low-cost housing project Real Estate Contracts & Other Income
per annum. Its net debt
in Cochin for which it Operations Manufacturing remained at around
expects sales to pick up Rs2,025 crore. The
soon. The margins in the debt:equity ratio has fallen
affordable housing segment are the highest for Sobha. from 0.78 in the June 2016 quarter to 0.75 in the June
The other positive for companies like Sobha is that 2017 quarter. Sobha has also generated positive cash
the housing sector has been given infrastructure status flows for the past eight quarters after meeting interest
which would help companies with good governance and tax expenses. The operational cash flow jumped
practices to raise funds at lower interest rates. 30% y-o-y from Rs77 crore in the June 2016 quarter
Another driver of the housing sector is the decision to Rs100 crore in the June 2017 quarter.
of the labour ministry to amend the law and allow In an another positive sign, on 23 August 2017,
subscribers to withdraw up to 90% of their provident ICRA revised the long-term credit rating for Sobha and
fund to buy or build homes. It also plans to allow upgraded its long term credit rating for non-convertible
Employees’ Provident Fund Organisation (EPFO) debentures (NCDs) and line of credit from A to A+. On
users to pay their equated monthly instalments (EMIs) 7 April 2017, its shares fell over 9% as the company’s
of home loans through the employee provident fund promoter Sobha Menon sold her 4.15% stake. The
accounts. With 400,000 subscribers and Rs9 lakh total promoter shareholding declined from 60.24% in
crore plus corpus, provident fund will be a big driver the March 2017 quarter to 56.08% in the June 2017
for the coming housing boom. Among the interested quarter. In August 2017, it also approved a buyback of
will be those in the public sector and government 1,458,823 equity shares for an amount not exceeding
employees, according to Mr Sharma. He mentioned Rs62 crore, being 1.5% of the total paid-up equity
that a notification, which has already been gazetted share capital, at Rs425 per equity share. 

MONEYLIFE | 15-28 Sep 2017 | 44

StockWatch.indd 5 08-09-2017 17:04:34


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Sample Questions
How do you collect the data for understanding problem is temporary, one may hold. If there is a
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If a stock is not doing well, should one book loss One should exit the stock when the focus of the
or hold? management changes (unrelated diversification),
Find out the reason why the stock is not doing product is becoming obsolete and the valuation is too
well. If a stock is not doing well in spite of good high compared to the leader in the industry, its peers
performance, it should be watched closely. If the and the sector.

Ask vijay kedia Ad.indd 2 28-07-2017 17:00:56


STOCK WATCH

S a r da E ne r gy & M ine ral s countries, India is in a sweet spot. Steel production


reported a growth of 8.50% in FY16-17 with a
Will the Growth production of 97.40 million tonnes (MT), whereas
finished steel consumption grew by just 2.6% y-o-y
Continue? for the same period. The domestic consumption was
lower due to poor offtake from end-use segments like

S arda Energy & Minerals Limited (SEML) produces


steel (sponge iron), billets, ingots, thermo-
mechanical treatment (TMT) bars and ferro-alloys.
construction, automobiles and white goods.
Sarda’s attempt to get into mining and power had
created its own challenges which have been sorted out
In the boom years of 2004-2008, it entered into now. For the past several years, companies working in
backward integration (iron and coal mines) with the mines of Andhra Pradesh, Chhattisgarh, Madhya
power generation. In April 2017, it commissioned the Pradesh and Maharashtra have faced the brunt
24MW hydro power plant at Gullu (Chhattisgarh). of multiple attacks—from the Naxals, regulatory
SEML’s subsidiary, authorities and courts
Madhya Bharat Power which tried to clamp down
Corporation Limited, on illegal mining. In FY15-
is implementing 96MW 16, the realisations and
Rongnichu hydro margins were impacted
electric plant (HEP) near due to de-allocation of
Gangtok, that is expected coal mines with effect
to be operational in from 1 April 2015 after a
FY18-19. Riding on a Supreme Court order and
buoyant market for steel, temporary suspension of
SEML’s sales rose 34% operations in the iron-ore
y-o-y (year-on-year), from mines owing to Naxal
Rs284 crore in the June FY15-16 Segmental FY16-17 Segmental attacks. SEML’s iron-ore
2016 quarter to Rs381 Revenue Revenue mine was attacked by
crore, and operating Naxals in March 2016
1% 1%
profit jumped 42% leading to the death of an
y-o-y, from Rs51.21 employee and damage to
12%
crore in the June 2016 14% property. SEML resumed
quarter to Rs72.64 crore. operations in its iron-ore
Net profit shot up to 32% 55% mines and achieved the
30% 55%
almost Rs61 crore, up highest ever production
from an average of Rs14 of pellet, sponge iron wire
crore over the previous rod and HB wires. It has
three quarters. The June installed a new turbine
quarter net profit alone is which will effectively
more than the full year’s Steel Ferro-alloys Power Unallocated improve efficiency by
net profits of 2014-15 12%. Having gone
and 2015-16. Ferro-alloys through tough times after
and steel—billets, wire rods and hard bright (HB) wire 2008, SEML is now in a consolidation mode. SEML’s
contributed approximately 32% each in the revenue of annual sponge iron making capacity is 360,000MT
FY16-17. (metric tonnes) and crude steel making capacity is
Sarda’s rising fortunes are linked to the steel 240,000MTPA.
sector that has revived over the past 18 months, due SEML’s long-term plan involves gaining 100%
to anti-dumping duty on Chinese steel, removal of raw material self-sufficiency such as in coal, iron
differential railway freight for the transportation of ore and manganese ore (the latter for ferro-alloys).
iron ore and pellets for domestic use and exports and The company has already acquired two mines with
due to shutting down of steel capacities in China which estimated coal reserves of nearly 308MMT. The
has pushed up steel prices. Chinese steel prices are at total estimated coal reserves of SEML are 236MMT.
a three-year high. Among all major steel-producing SEML’s operational iron-ore mine is located in the 

MONEYLIFE | 15-28 Sep 2017 | 46

StockWatch.indd 6 08-09-2017 19:16:22


STOCK WATCH

 Rajnandgaon (Chhattisgarh) with potential reserves of to meet the entire demand for high-grade automotive
20MMT and annual output of around 200,000MT. steel, electrical steel and special steels from domestic
Additionally, it has got an in-principle approval sources. It further aims to increase domestic availability
from the government of India for five more mines, of washed coking coal and reduce imports from
possessing sufficient reserves to meet its requirement about 85% to around 65% by 2030-31. The policy
for the next 25 years. It has also acquired mining rights is expected to result in a reduction in imports and
for manganese ore from private parties in Goa with increased offtake of steel from domestic steel players.
potential reserves of nearly 6MMT. Also, in-principle With effective policy measures restricting the inflow of
approvals have been granted in favour of the company steel imports in the domestic market, demand/supply
for three mines in Madhya Pradesh. equation will determine the fortunes of steel companies.
The debt:equity ratio for the company was 0.23 in
Steel Outlook FY15-16 and 0.16 in FY16-17. The company’s interest
The government has proposed over Rs3.96 lakh crore coverage ratio increased from 3.08 in FY15-16 to 7.59
investments in the infrastructure sector for the current in FY16-17. The company’s market-capitalisation to
fiscal which will result in substantial increase in steel sales is 1.12. The operating profit margin for the June
consumption, going forward. The Union Cabinet 2017 quarter was 19.05% and the operating profit was
has approved the National Steel Policy, 2017, which Rs72.64 crore. The net profit for the June 2017 quarter
aspires to achieve 300MT of steel-making capacity was Rs60.94 crore. 

P CB L

Perils of Cut & Paste


P hillips Carbon Black (PCBL), the largest manufacturing of carbon black and specialty black in India has seen
phenomenal growth in revenue, operating profit and net profit in the past few quarters. The stock price has
already surged over 190% (in absolute terms) in calendar year 2017. You wish PCBL had taken some care to
present financial information correctly. Take a look at the fixed asset schedule in its annual report for FY15-16.
Data of fixed assets of 2014-15 has simply been copied and pasted. If you check the annual report, you will be
able to clearly see that the company has not cared to change even the headings (with incorrect dates) let alone the
numbers under them. Recently, we had mentioned about a similar error at another company. 

Fixed Asset Schedule FY2014-15 Fixed Asset Schedule FY2015-16

47 | 15-28 Sep 2017 | MONEYLIFE


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Stockletter (MSSN) Ad Oct 15.indd 3 14-07-2017 07:57:15


STOCK WATCH

UN UOTED
STORIES OF PRICE MANIPULATION

Blue Pearl Texspin (Rs18) Pearl also has had frequent changes
(Rs)
in directors. In 2014, four directors—
40

B lue Pearl Texspin Limited was


formerly known as E-Wha Foam
India Limited. It started off with the
0
30
Nijal Navinchandra Shah, Narendra
C Solanki, Deepak Rane and Shankar
Pandare—resigned. The promoter
setting up a unit in Goa to produce 908% shareholding is also only 21.62%. The
0
20
1,500TPA (tonnes per annum) of company has seen no growth over
polyethylene foam products in more than 14 quarters. The average
0
10
collaboration with E- Wha Foam sales of the past 14 quarters were
Korea Co (South Korea). In 2012, Rs5 lakh and not exceeded Rs6 lakh in
0
it changed its name to Blue Pearl 3 Aug-16 3 Feb-17 3 Aug-17 these past 14 quarters. The sales for
Texspin Limited and started a textiles the June 2017 quarter were Rs6 lakh.
business completely different from from trading. The suspension was later In these 14 quarters, the company has
the earlier business of manufacturing revoked. In 2011, it did not submit made no profit. It has made a marginal
foam and foam-based products. As its shareholding pattern to the BSE loss in 4 out of the 14 quarters. In the
per Watchoutinvestor.com, E-Wha for the September 2011 quarter and June 2017 quarter, operating profit
Foam India ran into various issues with the corporate governance report for margin was -16.67% and the margin
the authorities. In 2005, the Bombay the March 2012 quarter. In 2016, for FY15-16 was -5.56%. Despite such
Stock Exchange (BSE) charged the it reduced its equity share capital a dismal performance and compliance
company for not being traceable at from Rs5.12 crore to Rs25.60 lakh issues, the price of the stock rose 908%
its last known address. In 2006, it did and cancelled equity share capital from Rs2 on 3 August 2016 to Rs20.15
not comply with listing agreement and amounting to Rs4.86 crore which was on 5 September 2017. Something
the BSE gave it a notice for delisting. utilised to write off the debit balance is clearly fishy and the regulatory
In 2007, the stock was suspended in the profit and loss account. Blue authorities are fast asleep. 

MARKET TREND

Temporary Blip? Now, we have both macro data and


micro data (earnings of listed companies)

Tlater, it was about 100 points higher. Meanwhile, the


wo weeks ago, the Sensex was at 31,596. A fortnight turning very tepid. However, the market
only dipped a little as a result of this poor
major data-point of last fortnight was the announcement macro news. From a peak of 32,686 on
that India’s GDP (gross domestic product) grew by just 2nd August, the Sensex is down to around 31,700, about
5.7% in the June quarter, its slowest
west pace since the 1,000 points, or just about 3%, so far. It appears that
January-March quarter 2014. A Reuters’ poll had dire macro data and poor corporate data are of little
forecast a growth of 6.6%. In the e January- importance
imp to investors who seem to be
March period, it was 6.1%. Remember,
ember, convinced that these are temporary
GDP growth is being measured by blips. This is partly true. In the June
a new formula for the past two quarter, the economy was coming out
q
years. The growth, by the of the
t impact of demonetisation and
old formula, would be about then had to handle the issue of Good
3.5%. It is the industry sector which
hich dragged
draggge
ged
d and Services Tax. The next two quarters
the Q1FY17-18 GDP growth to itss lowest level in 13 will show whether the bulls are right to
quarters. Already, IIP (index of industrial
ndustrial production) was assume that earnings growth is just round
assu
down to 1.7% in May and, actually, lly, contracted by 0.1% in the
th and will justify the strong run-up over
he corner an
June, the first time in four years that it has contracted. the past three years. — Debashis Basu 

MONEYLIFE | 15-28 Sep 2017 | 50

StockWatch.indd 8 08-09-2017 17:05:22


TAX/ FIXED INCOME

Black Money Act and Declaration of


Foreign Accounts

T
he Black Money (Undisclosed refused to spell out whether the provide details of their overseas
Foreign Income and Assets) need for inclusion of NRI foreign bank accounts when they file
Act aims to curb black accounts in income-tax return (ITR) tax returns; only those who seek
money, or unreported assets, and was inserted into the forms for refunds need to do so. However, the
imposes tax and penalty on such FY16-17 ITR filing inadvertently NRIs who are claiming refund and
income. For FY14-15, the central or intentionally. It led to NRIs do not have bank accounts in India
board of direct taxes may, at their option,
(CBDT) has directed furnish the details
all resident Indians to of one foreign bank
disclose their foreign account in the return
accounts in their of income for issuance
returns. The idea is to of refund. NRIs need
find unaccounted wealth not give account
of resident Indians details if they are not
stashed in a foreign seeking refund. It will
country. Amounts be interesting to see if
in an undeclared anything new comes
foreign account can be up next year to bring
considered to be black NRIs under the ambit of
money, even if it is a disclosing their accounts
legitimate account. Today, it is no and foreigners, who file tax abroad. With strict steps taken
longer just about taxation but also returns in India, to interpret it in by the government to curb black
compliance. This can be a cause different ways. There were also money and unearthing undisclosed
of worry as the Black Money Act several representations as the new foreign accounts of resident Indians,
has hefty penalties for violations. requirement lacked any statutory you can never know if NRIs are
But non-resident Indians (NRIs) provision. Finally, days before the also put through similar checks. It
were not covered by the directive to filing deadline of 31 July 2017, appears that this government is keen
disclose foreign accounts. chairman of CBDT clarified that to pull out black money from every
The government, initially, it is not mandatory for NRIs to place possible.

G-Sec Yields Down


Issuer Maturity Next Last Yield ISIN Rating

T he 10-year benchmark G-Sec Date Coupon (%)

yield, which sets the tone of the Axis Bank 8.75% perpetual 28 Jun-22 28 Jun-18 8.63 INE238A08443 CRISIL AA+
(unsecured)
fixed-income market, has decreased
by three basis points (bps) in the last CARE AAA
Indiabulls Hsg Fin 8.90% 26 Sep-21 26 Sep-17 8.02 INE148I07GF5
(unsecured)
fortnight to end at 6.48% on
Reliance Jio Info 9.25% 16 Jun-24 16 Jun-18 7.62 INE110L08037 CRISIL AAA
6th September. (unsecured)
NSE data as of last trade date of 5 September 2017
G-Sec Maturity Yield to
Date Maturity HDFC Ltd 1.50% & 11.73% 16 Sep-20 16 Sep-17 7.96 INE001A07QR7 CRISIL AAA
01 December 2044 7.21 Shriram Transport Fin 27 Mar-20 27 Mar-18 7.60 INE721A07LX9 CARE AA+
Comp 8.10%
19 December 2034 7.07
CRISIL AAA
02 June 2028 7.01 HDFC Bank Ltd 7.95% 21 Sep-26 21 Sep-17 7.46 INE040A08369
(unsecured)
G-Sec yields on 6 September 2017
BSE data as of last trade date of 5 September 2017

51 | 15-28 Sep 2017 | MONEYLIFE

Fixed Income.indd 1 08-09-2017 11:08:16


CYBER SECURITY PRASHANT MALI

Data Theft in Organisations and Legal Issues


D
ata theft is defined in Section 43 (b) of the we have the IT Act. Here are a few Sections of this Act
Information Technology Act, 2000 (IT Act) as that are significant.
follows: “If any person without permission of the Section 43 (b) of the IT Act provides protection
owner or any other person who is in charge of a computer, against unauthorised downloading, copying, extracting
computer system of computer network, downloads, copies information, data or a database, by imposing heavy civil
or extracts any data, computer database or information compensation which could run into crores of rupees. Section
from such computer, computer system or computer 43 (c) provides for compensation in case of unauthorised
network. It is the term used when any information in the introduction of computer viruses or other contaminants.
form of data is illegally copied or taken from a business Clause (i) provides compensation for destroying, deleting
or other individual without his knowledge or consent.” or altering any information residing on a computer or
In the era of information technology (IT), data is an diminishing its value.
important raw material for all businesses, including brick Data is an intangible asset whose value could run
and mortar companies, business process outsourcing units, into millions of dollars, but Section 43 does not quantify
banking, media and IT companies. Data has become the compensation to be paid. Hence, a complainant is
an important tool as well as a weapon for corporates dependent on the mercy of our courts and the intelligence
to capture larger market share. Given its importance, of his lawyer.
data security has become a big Section 66 of the Act protects
concern for all businesses. Data against data theft, while Section
theft and piracy are huge threats 72A deals with the punishment
that are forcing companies to for disclosure of information
spend millions of rupees on in breach of a lawful contract.
data analytics. In many cases, Both these Sections provide
the bottom-line of a business for a penalty that includes
depends on the security of its imprisonment of up to three years
data. A recent episode of the or fine of up to Rs5 lakh or both.
popular television series, Game In a recent judgement, Canara
of Thrones, had kindled a huge Bank Vs CS Shyam & Another,
discussion on data theft. Let the Supreme Court (SC) held that
us look at some of the issues involved in data security service details of an employee also amount to ‘personal
Mobility-related Issue: The problem with data theft is that information’ and cannot be furnished even under the Right
it has no international borders. For example, a computer to Information Act. Similarly, in another case, it was held
system may be accessed in the US, its data manipulated that an employer couldn’t use, or ask for, bank statements
in China and the consequences of that action felt in India. of an ex-employee. These two cases are an indicator of
The fact that cyber criminals can operate across different the rights of individuals, even before the recent SC upheld
sovereignties, jurisdictions, laws and rules is an issue right to privacy as a fundamental right.
in itself. Collection of evidence, in such circumstances, So, the next time you plan to copy or download data
is complex. It requires investigations to be conducted from the computers or network of your friends, clients,
in three different countries which may not even be on teachers or employers, please remember that your actions
talking terms with one another; poor technical know-how can put you behind bars for up to three years. And you
of our cops only adds to the woes. Lack of coordination could lose even more, if a compensation claim suit is also
between various investigating agencies and navigating filed in a civil court. Corporates, as victims of data theft,
the extradition process of various countries is another have the option of filing both, a civil and criminal case,
headache. The absence of specific laws to deal with the simultaneously with injunction remedies. 
crime of data theft is, however, the biggest problem; it
allows a culprit to get away by picking and choosing from Advocate Prashant Mali is the President,
various legal loopholes, even after being caught. Cyber Law Consulting, author &
Our Data Protection Laws: Data theft has emerged as speaker. Email: prashant.mali@
one of the major cyber crimes worldwide. India does not cyberlawconsulting.com
have specific laws to deal only with data protection, but

MONEYLIFE | 15-28 Sep 2017 | 52

Cyber Security.indd 1 08-09-2017 19:27:16


Advertisements.indd 5 08-09-2017 19:15:46
BLOCKCHAIN DEBANJAN CHATTERJEE

Improving Financial Safety with Blockchain


I
n October 2013, the FBI (Federal Bureau of Investigation) and, hence, is susceptible to detection. So there may be
bust the first modern market, SilkRoute. The website clandestine exchanges helping crooks transact in such
had sold stolen credit cards, weapons, drugs and currency.
other illegal products. In May 2017, the hacker group In India, there is uncertainty about the legality of
‘Shadow Brokers’ unleashed the WannaCry ransomware, crypto-currency. The Reserve Bank of India (RBI) has
infecting computers across 150 countries. In July 2017, set up a committee to examine it. Consequently, current
the online black-market, AlphaBay, was shut down by law investments carry the risk of being declared illegal. Also,
enforcement. What was common to the three crime rings? there is always the additional risk of getting hacked.
Usage of Bitcoin as the mode of transaction. Consequently, Riding on the wave of interest in such currencies,
Bitcoins have entered popular consciousness as a facilitator there has been an uptick in phishing attacks, deceiving
of criminal activities. people into sharing confidential information. Also, Ponzi
Bitcoin is a crypto-/digital currency that is built on schemes have mushroomed, luring hapless investors with
blockchain technology. Blockchain is a public ledger that the promise of phenomenal returns. As the debate on
tracks and conducts all transactions in a decentralised the criminal implications of crypto-currency rages on, a
fashion. The Center for a New American Security (CNAS) consensus seems to be emerging on the potential of the
stated, in a May2017 report, that terror groups are not underlying blockchain technology to deter and detect crime.
yet using digital Most crypto-
currencies in large currencies offer
scale, because pseudo (and
traditional means not complete)
of transferring anonymity. On
value such as the one hand, it
cash, pre-paid might be difficult
cards and hawala to map individuals
are continuing to to their blockchain
serve the funding wallets. But, on the
needs satisfactorily. other hand, since
Similarly, recent each transaction
findings of the is broadcast on
British think the blockchain,
tank, RUSI (Royal the entire deposit/
United Services withdrawal activity
Institute), do not of each and every
show a strong blockchain wallet
link of crypto-currency with organised terrorism. People is public information. Consequently, for a prospective
familiar with the evolution of financial crime landscape money-launderer, the entire process will be publicly
are sure to view this as an anomaly because, typically, transmitted and recorded for posterity in a form that is
criminals are among the first ones to adapt and leverage immune to forgery. Intuitively, this can act as a deterrent to
new technology. To illustrate, as the Internet grew in using Bitcoins for criminal purposes, provided blockchains
visibility, the menace of cybercrime multiplied manifold. are continuously scanned by crime fighting entities.
Blockchain is, often, referred to as ‘the greatest invention Currently, there are security firms that leverage attributes
since Internet’. Hence, now might be good time to examine such as transaction patterns, IP addresses and information
the repercussions blockchain technology can have on from Internet service-providers to help authorities manage
financial crime risk. financial crime risk on the blockchain. But, on the other
The unique feature of crypto-currency that attracts hand, criminals can avail services of a ‘crypto-currency
criminals is the ease of transferring value across entities/ tumbler’, to confuse the trail back to the funds’ original
international borders without being regulated by banks. source. Some websites, like ShapeShift.io, help users convert
This is a stark change from fiat money, which has to one digital currency into another, thereby potentially aiding
pass through bank-enabled channels (such as SWIFT), currency layering. But the crucial point is, all of the above 

MONEYLIFE | 15-28 Sep 2017 | 54

blockchain.indd 2 08-09-2017 11:42:02


BLOCKCHAIN DEBANJAN CHATTERJEE

 automatically gets recorded on the blockchain; hence, it towards a new type of application called ‘smart contract’.
is quite easy for a forensic agency to get accurate data. These are user-defined programs which contain rules that
However, it must be mentioned that there are specific govern transactions. To illustrate, in blockchain networks
crypto-currencies (notably, Zcash and Monero) which offer such as Ethereum, credit card issuers, acquirers and
a greater level of anonymity than Bitcoin. Interestingly, in merchants can all come together and place in production
May 2017, the shadow brokers switched to Zcash as the a multitude of predictive analytics algorithms that would
preferred means of payment, for their monthly supply of approve a transaction in real-time only if certain risk-
hacking resources. control parameters are satisfied.
A point worth noting is that blockchain transactions Similarly, to curb risk of money laundering, there is a
are irreversible. In traditional banking, potential for regulatory bodies to be
merchants can be charged back party to every transaction. Banks could
if banks detect fraud charges. If a There is a lack of still perform know your customer
criminal uses a fraud credit card to sharing of intelligence (KYC) checks while onboarding
buy digital currency on any exchange, customers. But when transactions are
the owner of the exchange has to bear across banks, due to generated, the regulator and the bank
the loss since the bank would reverse fear of confidential can jointly analyse them from multiple
the payment made to the merchant data leakage. Private, perspectives and decide whether or not
(exchange), but the merchant cannot to raise a red flag.
initiate a reversal of the blockchain distributed ledgers can Crypto-currencies have emerged
transaction. Moving on, let us focus on help in this regard as facilitators in some pockets of the
the potential of blockchain technology criminal world. However, key features
to systematically curb financial crime of the blockchain, such as transparency
risk. and trust protocols, can go a long way in deterring and
Currently, most financial organisations individually detecting financial crime. Some believe that the current
employ data science to detect fraud charges. However, encryption techniques driving blockchain technologies
there is a lack of sharing of intelligence across banks, due would become obsolete in a world with affordable
to fear of confidential data leakage. Private, distributed quantum computing. In such a future, criminals might
ledgers can help in this regard. Consortiums with in-built try to create counterfeit blocks. That is a whole new
transparency controls, where access levels of participating story arc—one that moves to the next level of the cat-
banks are coded (and monitored), along with foolproof and-mouse game perennially played between criminals
audit trail of how the data is being used, can help bridge and custodians. 
the trust gap. Fraud detection models of the future, built
on such humungous data, would naturally be more adept
in recognising crime patterns. In February 2017, State Debanjan Chatterjee is an alumni of the Delhi School
Bank of India announced Bankchain, an initiative to share of Economics and has been part of fraud analytics team
information between banks on blockchain. of a multinational bank for the past decade.
The second generation of blockchains has moved

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

55 | 15-28 Sep 2017 | MONEYLIFE

blockchain.indd 3 08-09-2017 10:55:58


Supported By

and it shows up as salary given. I


believe, from recent news reports,

Queries
At Moneylife Foundation’s
that the income-tax department
allows for this amount to deducted
from salary income for filing
returns. Is this true?

Subodh V Shah’s Reply:


Tax Helpline The income-tax appellate tribunal at
Ahmedabad, in the case of Nandino
Ask tax-related questions at moneylife.in/taxhelp. It’s free Rebello, has recently
held that notice
Tax on Compensation Wrong Challan pay deducted by
the employer is not
Money
I have been awarded compensation
from the Motor Accident Claims
I calculated the bank interest
for the FY13-14 and paid self
assessment tax of Rs6,000 online
liable to tax. Only
the actual salary
paid is taxable. Placing reliance
Tribunal (MACT) for an accident but I made a mistake in selecting the on this judgement, we may say
case. I want to know whether the challan type. When CPC processed that only actual salary received is
compensation, which includes the my return, they raised a demand of taxable.
actual compensation as well as the Rs6,000. The actual salary received after
interest, is taxable. I realised my mistake and deduction of notice pay may be
replied to them with the copy of reflected in your income-tax return
Ameet Patel’s Reply: online challan but they are not (ITR) amendment.
The compensation can be convinced. The assessing officer
considered as a capital receipt. also closed my complaint saying Sale of 10-year Old Shares
Capital receipts are generally not the he cannot rectify it. What is my
taxable, unless there is a specific
provision to tax such a receipt.
You can, therefore,
recourse?

Ameet Patel’s Reply:


I am a senior citizen, have a
permanent account number (PAN)
and have been paying income-tax
claim that the Since you are willing to pay the tax, for many years. I wish to sell
compensation is you do not need to file any revised shares that I have held for over 10
not taxable. If it is return. Simply pay the outstanding years. Will long-term capital gain
not taxable, then demand and select “Tax on be applicable to me? Can you
the question of any Regular Assessment” while paying guide me to a web-link explaining
TDS (tax deduction at source) on it the tax. Once you pay the tax, this?
by the insurance company will not automatically, the demand will get
arise. As regards interest, one will knocked out in the system after the Ameya Kunte’s Reply:
need to read the Tribunal’s order in bank uploads the information. Gain from sale of shares after 10
detail to decide. My personal view You can then check your online years would be
is that the interest would also be a e-filing account after about two- regarded as long-
capital receipt. However, this stand three weeks. The demand should get term capital gain.
may not necessarily be accepted by deleted from it by then. If these shares are
the income-tax department. The of a listed company
insurance company may deduct Taxability of Notice Period and are now sold
tax under Section 194A because Pay through the stock exchange, the
that Section deals with interest entire long-term capital gains would
payments. If they do deduct tax,
then it will be a Herculean task for
you to convince the income-tax
M y previous employer deducted
two months salary as I had to
switch jobs before serving my notice
be fully exempt from tax.
On a separate note, you can
refer to the tax calculators available
officer that it is not taxable in your period. However, in Form 16, they on income-tax department’s website:
hands. have indicated the deducted amount http://tinyurl.com/ycpskmd7 

MONEYLIFE | 15-28 Sep 2017 | 56

Tax Queries.indd 2 08-09-2017 17:55:40


Supported By

INE
LPL
HE
TAX OUR EXPERTS

AMEET PATEL

SUBODH SHAH

This helpline is for tax-related queries for individuals and small NIKHIL VADIA
businesses who file their own tax returns or want to double-check the
advice they have received from others. It will not attempt to substitute a
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is it a grievance redress forum.

HOW IT WORKS
1 Every new query posted will be sent to our panel of tax experts
2 When we get the opinion/advice from our expert, we will post the reply
3 You can access similar issues faced by other taxpayers

www.moneylife.in/taxhelp
elp
To use our tax helpline, please confirm that you have read our terms and conditions.
Also, this is only for individual taxpayers and small businesses.

Tax Helpline.indd 2 24-02-2017 16:12:20


USEFUL APPS YAZDI TANTRA

Findo: Your Smart Search Google Maps: Comprehensive


Assistant Accurate Maps in 222 nations

W ww.Findo.com is your smart search assistant—across


email, files and personal cloud. Our data storage has
now permeated across multiple media. And, very often,
I have tried many apps for maps but I always come back
to Google Maps—very accurate and providing a host
of features rarely matched by the other apps.
we know the name of the file, but do not remember where Apart from turn by turn
we had stored it–on GMail, navigation, now Google Maps
Dropbox, Evernote or Google also takes voice commands—once
Drive. Sometimes, we may not in the driving mode, you can ask
even remember the name of the questions like: ‘What’s my next
file, just a vague description. turn?’ ‘What’s my ETA?’ ‘How’s
Findo runs through all your the traffic ahead?’ etc. You have the
storage and locates the desired option to explore alternative routes,
files in a jiffy. You can search avoid tolls and highways and also set your favourite routes.
everywhere from one place—save time and frustrating And, in case you are visiting your favourite restaurant,
moments when your boss is in urgent need of that contract you can even browse the menu and place orders before
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the person or file, Findo uses artificial intelligence (AI) to accurate maps in 220 countries, over 15,000 cities and
build a knowledge graph of your contacts, places, events, detailed business information on over 100 million places.
files, invoices, etc, and understands what you are looking No wonder. I keep coming back to Google Maps! Android:
for. The more you use it, the more accurate it gets! And https://goo.gl/SKUZQB iOS: https://goo.gl/ZfXmJp
the entire operation is quick and secure. Now search
intelligently across your storage locations—head to http://
www.Findo.com now! YouTubeKids: Let Your Kids
Discover and Explore
Photoscan by Google: Revive
Old Memories & Store Them T hese days, all our kids need and want a Smartphone.
And, with the type of videos available online, it could
get dangerous. Kids.youtube.com helps them to dive into

A ll of us have a large bunch of old photos either in old


photo albums or just bound together lying somewhere
in our cupboards or attics, unseen, untouched for years.
a new world of discovery, learning and fun. YouTubeKids
gives your family an easy way of
watching favourite shows/movies,
We have tried digitising them so that they are available on discovering science or exploring
the cloud, but the results have been atrocious! Photoscan anything that catches one’s
by Google solves this problem. Just scan the photos using imagination. It is free, simple to use
this app and you get excellent, and very, very safe! YouTubeKids is
scanned photos, worth preserving made for curious minds and is safe
online. You will get glare-free scans for the entire family. They have even given a link to parental
with an easy, step-by-step capture guidance on how to use YouTube Kids effectively for the
flow with automatic cropping and entire family. Happy Viewing!! https://kids.youtube.com/ 
perspective correction. Once they
are scanned, you can automatically
back up your scans with the free Yazdi Tantra is a chartered accountant
Google Photos app to keep them by training, computer consultant by
safe, searchable and organised. Now, bring your scans profession, entrepreneur-developer by
back to life with movies, filters and advanced editing hobby and trainer in his leisure time.
He is currently the vice-chairman of
controls. And share them with anyone, just by sending Zoroastrian Co-operative Bank Ltd
a link. Revive old memories and store them in eternally and has been running a medium-sized computer
perfect condition—download Photoscan now! Android: company ON-LYNE for the past 24 years.
https://goo.gl/U9QoqT iOS: https://goo.gl/gcRd9g

MONEYLIFE | 15-28 Sep 2017 | 58

Tantra - column.indd 1 08-09-2017 10:59:18


HIGH FAT DIET in light of these findings.”
COULD BE A GOOD What are these guidelines?
IDEA! Eat less fat. A
MEDICAL DEVELOPMENTS FROM
T here is never an end
to arguments over
the relative importance
AROUND THE WORLD
sub-branch of this
approach also says
eat less animal protein
of the three macro-nutrients our association between consumption because it is associated with
body needs, namely, carbohydrates, of carbohydrates, total fat and each cancer. All medical practitioners
proteins and fat. Some experts have type of fat with cardio-vascular and cardiologists repeat this like a
argued that we need to be on a low- disease and total mortality. During mantra to their patients but a large
fat diet; others argue that we need the follow-up, the researchers observational research like PURE,
to be low in carbohydrates. Within documented 5,796 deaths and obviously, tells us something else:
this discussion, the relationship 4,784 major cardio-vascular disease fat is not so bad; high carbs are bad.
between macro-nutrients and events. Here are the stunning In the light of the findings of PURE,
cardio-vascular disease and results: many scientists have been asking
mortality is most controversial. To • Higher carbohydrate intake was whether standard dietary guidelines,
add more fuel to the controversy, a associated with an increased that limit the total fat intake to less
recent study titled “The Prospective risk of total mortality but not than 30% of energy and saturated
Urban Rural Epidemiology” (PURE) with the risk of cardio-vascular fat intake to less than 10% of
came up with some results that disease or cardio-vascular disease energy, should be revised
overturn conventional ideas about mortality.
SUGARCANE FOR SOUND
SLEEP

I n today’s stressful world, sleep


deprivation is common. Lack of
sleep causes many problems such
as fatigue, higher blood pressure,
cardio-vascular diseases, diabetes,
weight gain and so on. Sleep
deprivation leads to stress; and
stress itself leads to loss of sleep.
The healthcare industry’s response
to this has been to come up with
sleeping pills that have severe side-
fat. The results were uploaded on • Intake of total fat and each type effects. A research group led by
the website of The Lancet on of fat was associated with lower Mahesh K Kaushik and Yoshihiro
29 August 2017. risk of total mortality. Urade of the International Institute
PURE is a large, epidemiological • Higher saturated fat intake was for Integrative Sleep Medicine (WPI-
cohort study of individuals aged associated with lower risk of IIIS), University of Tsukuba, found
35-70 years (enrolled between stroke. that a compound called octacosanol
1 January 2003 and 31 March • Total fat and saturated and reduces stress and restores stress-
2013), in 18 countries, with a unsaturated fats were not affected sleep back to normal.
median follow-up of 7·4 years. significantly associated with Octacosanol is abundantly present
For this study, dietary intake of risk of myocardial infarction or in various everyday foods, such as
135,335 individuals was recorded cardio-vascular disease mortality. sugarcane (thin whitish layer on
using validated food frequency Put it simply, high carbohydrate surface), rice bran, wheat germ oil,
questionnaires. Participants were intake was associated with higher bee wax, etc. The crude extract is
categorised into quintiles of nutrient risk of total mortality, whereas total policosanol, where octacosanol is
intake (carbohydrates, fat and fat and individual types of fat were the major constituent. Policosanol
proteins) based on percentage of related to lower total mortality. The and octacosanol have already been
energy provided by the nutrients. researchers note “global dietary used in humans for various other
The researchers assessed the guidelines should be reconsidered medical conditions. 

59 | 15-28 Sep 2017 | MONEYLIFE

Health.indd 3 08-09-2017 17:43:53


LEGALLY SPEAKING SD ISRANI

Postal and Courier Services Offer


Poor Redress for Service Deficiency
T
he past 25 years have witnessed dramatic changes in post articles beyond the prescribed delivery norms as part
India’s postal scenario. Although the private sector of the money back guarantee, the speed post charges paid
has to operate in a restricted environment dictated by the customer would be refunded.”
by the government, it has made huge inroads into the NCDRC was informed that, in accordance with this
postal department’s domain. Consumers now have many circular, Rs22 was offered and paid to the complainant.
options and are no longer dependent on ‘snail mail’ of the A few other cases were also cited, to make the same
postal service. India Post responded to the challenge and point. NCDRC noted that Section 6 of the Indian Post
revenue loss that it suffered by introducing ‘speed post’ Office Act provided immunity to the government, i.e.,
services which soon became very popular. postal department, from any liability by reason of loss,
Millions use speed post service in the expectation mis-delivery, delay or damage to any postal article in the
that their letters/packages will be delivered quickly. course of transmission, except in cases where a liability
Unfortunately, this does not always happen. Since volumes is undertaken by Central government in express terms.
are high, invariably, there are glitches, NCDRC also referred to the relevant
leading to delays, damage or even rules, circulars and clarifications and
loss of letters/packages. What is the concluded that the consumer was only
liability of postal authorities for such entitled to a refund of costs.
delays? This is a question that arose in Accordingly, on 28 August 2017,
a complaint filed by Bhanwarlal Gora NCDRC set aside the orders of the
of Jaipur before the district forum state and district forums and ruled
against the manager, speed post and in favour of India Post with the
the postal department of Jaipur. observation that speed post charges
Mr Gora sent an application for must be refunded to the complainant
appointment to the post of a gram if they had not been paid as yet.
sewak / ex-officio secretary, by speed post addressed Following this order, we need to be aware of the risk
to the chief executive officer, Pali, on 03.04.2008. The of delay. This is with regard to India Post; but private
letter should have been delivered in two days; but it was couriers are no better when it comes to restricting their
delivered only on 07.04.2008. The last date for submission liability for deficiency in service. Here is what I found on
of the application was 05.04.2008; hence, Mr Gora’s reading the fine print regarding liability printed by Vichare,
application was not considered. His complaint before the a local courier in Mumbai. It has limited its liability to
district forum claimed this as a ‘deficiency in service’ and Rs50 only. However, if you are willing to pay 3% extra at
sought compensation. India Post responded with a written the time of couriering an article, the liability increases to
statement denying any liability to pay compensation. Rs50,000. Vichare will independently decide the value of
The district forum, on consideration of the pleadings the package; moreover, if it is insured, the consumer must
and evidence, ruled in favour of Mr Gora and asked India make a claim with the insurance company and Vichare
Post to pay him Rs50,000 as compensation for mental will only provide a certificate of damage/loss; it has no
tension, harassment and economic loss. It also awarded further obligation.
Rs10,000 for costs. The total amount was payable within In other words, the next time you want to courier or
a month or 12% interest was payable thereafter. India Post post something important, please remember that we, as
appealed before the state commission which dismissed consumers, have very little recourse if the article is delivered
it. The postal department then approached the National late, lost or damaged. 
Consumer Disputes Redressal Commission (NCDRC)
challenging the orders passed by the lower authorities.
India Post’s counsel argued that Section 6 of the Indian
Post Office Act, 1898, as also the circular issued in 1999 SD Israni is a corporate lawyer & Fellow
by the general manager (business development) addressed of ICSI. Email: sdisrani@gmail.com
to all chief post master general which, inter-alia, provides
that, “in the event of delay of delivery of domestic speed

MONEYLIFE | 15-28 Sep 2017 | 60

Legally Speaking.indd 2 06-09-2017 18:21:33


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

Advice & Dissent: My Life In Public Service and understand the very subtle hints or what Dr Reddy
has left unsaid. In the effort to achieve that ‘balance’, the

Selective Memories book seems to have lost out on the sharp wit and humour
that Dr Reddy was known for.
The memoir of every IAS officer, with a career worth

I
t is raining books by bankers and former governors of writing about, has large tracts on their early days as
the Reserve Bank of India (RBI). Quick on the heels of collectors when they were testing their newly acquired
Duvvuri Subbarao’s book (Who Moved My Interest powers. Dr Reddy is no exception. But the account of his
Rate. Leading the Reserve Bank through Five Turbulent childhood and family end up as a distraction from the
Years), we have Yaga Venugopal Reddy’s Advice & Dissent: latter half of the book which is more of economic history
My Life In Public Service. Even before we digest this, starting with the crucial years from 1989 to 1993, when
the high-profile Dr Raghuram Rajan’s book (I Do What India was on the verge of a default and the liberalisation
I Do), was released on 5th September. It promises to stir process that it triggered.
up a debate, going by its provocative James Bondish title To many of my vintage, Dr Reddy’s account of how
derived from his much-quoted answer to a media query: the 1990-91 balance of payments crisis unfolded and the
“My name is Raghuram Rajan and I do what I do.” options discussed, make for interesting reading. That
The three governors some policy-makers were in favour of defaulting on their
headed RBI in succession obligations is generally known. But Dr Reddy chillingly
and their books are bound writes that his opinion was sought on temporarily freezing
to evoke comparisons. Dr NRI (non-resident Indian) deposits! Given the devastating
Reddy is globally renowned impact it would have had in terms of loss of confidence
and feted for withstanding of the Indian diaspora, he correctly advised that this
political pressure and should neither be contemplated, nor even mentioned in
protecting India from the background papers. At a time when nationalised banks are
global economic crisis. Dr in a crisis and we have a government that did not hesitate
Subbarao was left with the to eliminate 85% of currency, one can only pray such
tough tasking of dealing thoughts for domestic maladies are never contemplated!
with the aftermath of the Dr Reddy tells us about the desperate attempts to raise
crisis as inflation went foreign exchange, including thoughts such as by selling
out of control and the Indian embassy in Tokyo and the eventual decision to
charismatic Dr Raghuram revalue gold reserves and to raise $200 million by leasing
Rajan, who succeeded him, RBI gold to the State Bank of India (SBI). Much of this is
ADVICE & DISSENT: MY enjoyed a star status and unknown to the general public, although the shipping of
LIFE IN PUBLIC SERVICE brought new glamour to 47 tonnes of gold to Bank of England to raise 405 million
YV REDDY the staid image of the Mint dollars was widely reported. The story of how India’s
Harper Business Street regulator. balance of payments crisis, coming from an insider like
Pages 480; Rs799 Both, Dr Subbarao Dr Reddy, would have made riveting reading. But there is
and Dr Reddy, had five- very little. For instance, you have a line, which says, “In
year terms compared to Raghuram Rajan’s three years. my view if there is one person who showed extraordinary
Dr Subbarao’s book is clearly focused on his five leadership in managing the balance of payments crisis, it
years at RBI; but Dr Reddy’s book, with a far broader was (S) Venkitaraman as Governor, RBI.” Disappointingly,
autobiographical sweep, is rather disappointing in its no other details.
very selective memories. If you are expecting to hear There are some perplexing omissions as well. Dr Reddy
some trenchant advice for the government or even the was the joint secretary capital markets when the Harshad
incumbent at RBI, or juicy details of his dissent with then Mehta scam of 1992 happened. This monumental event
finance minister, or anybody else, you would be sorely does not find even a passing mention, although this event
disappointed. In Dr Reddy’s book, RBI comes across as a alone paved the way for Securities & Exchange Board of
perfect institution with brilliant colleagues who did not miss India (SEBI) Act, which led to the transformation and
a trick. We know that is untrue. He is less effusive about modernisation of India’s capital market. All we have is one
his time at the finance ministry. But, again, only an inside shady comment alluding to an ego tussle over seniority
circle of those who understand the power play which goes between GV Ramakrishna (the uncompromising SEBI
on in North Block, can probably read between the lines chairman who led the capital market transformation and 

MONEYLIFE | 15-28 Sep 2017 | 62

Book Review.indd 2 08-09-2017 10:56:49


BOOKS

 was Dr Reddy’s senior from there is nothing there, except


the Andhra Pradesh cadre of to tell us that Dr Reddy
the IAS) and RBI governor received a threat of sorts
S Venkitaraman. Similarly, from Subrata Roy (or rather,
the Ketan Parekh scam is a letter denying any threat
dismissed with a superficial to the then governor), even
account of the disastrous though the Supreme Court
failure of Global Trust Bank of India defanged the once-
(GTB), headquartered in powerful Saharashri and put
Andhra Pradesh without any him behind bars in 2014.
mention of how shockingly Yes, Dr Reddy deserves
the Bank was colluding with all the accolades for
Ketan Parekh’s corporate safeguarding India from the
cronies to divert funds. On Sahara: At one stage, I global financial crisis; but
RBI’s failure to detect the
misuse of overseas corporate
received a hand-delivered letter, this book would have been
so much more valuable had
bodies (OCBs) to invest in purported to be from the chief it dispassionately dissected
the capital market was a big of the company, saying they some of RBI’s big failures
blot. Some of these were set in financial supervision
up with only $10 capital. But had heard that I believed my life or had given us an inside
Dr Reddy’s memoirs do not was under threat from them. I account of how North Block
even allude to any failure really works, instead of the
of supervision; he merely
was assured that there was no subtle hints about things
discusses what he did to shut basis for such fears. I handed left unsaid. The discussion
them down. the letter over to my deputy on interest policies and the
Similarly, the book deep thought behind each
touches upon the dubious governor and told him to keep speech by an RBI governor
decision to grant a sovereign it, and forget about it or deputy governor or
guarantee to Enron public statements, would be
Corporation’s Dabhol power essential reading for all those
project which set back the power sector in India by a who are interested monetary economics and public policy.
decade. This happened while Dr Reddy was at the North Especially since Dr Reddy livens up the narrative with
Block. All we get is a couple of paragraphs on how he had interesting anecdotes and events that happened during and
opposed the sovereign guarantee, to put it on record that around the decisions. These chapters are the best part of
he had no role in that scandalous clearance. One would Dr Reddy’s memoirs. One cannot help wondering
also have liked to hear more on the Sahara group, which how much better it would have been had he been less
was asked to refund deposits of over Rs75,000 crore circumspect about key economic and financial milestones
raised under a residuary non-banking finance company. in India’s history and a little more dispassionate and open
This was subsequent to a detailed RBI inspection. But no, about his colleagues and bosses at RBI. — Sucheta Dalal 

Just married?
What about financial security ever after?
For subscription offers that
Take the right financial vows are a steal, look for a form
Once every fortnight elsewhere in this issue or our
website at www.moneylife.in

63 | 15-28 Sep 2017 | MONEYLIFE

Book Review.indd 3 08-09-2017 10:57:09


MONEY FACTS STOCKS

INDIAN MARKET TRENDS FUND FLOWS


The Sensex ended flat and the Nifty inched up 1% during Foreigners: Foreign institutional investors were
the fortnight ended 6th September. ML Large-cap Index and net sellers of equities (Rs4,958.16 crore). They sold
ML Mega-cap Index rose 3% each, while ML Mid-cap Index shares worth Rs38,779.90 crore. 
and ML Small-cap Index advanced 4% each. 
100

Share Prices Index, March 2017=100 -220

120
-540

-860

110
-1,180 FII Net Investments
(Rs Crore)
-1,500
28 Aug-17 6 Sep-17
100
Indians: Domestic institutional investors were net
buyers of equities (Rs3,876.63 crore). They bought
shares worth Rs21,883.27 crore. 
90 1,400
Mar-17 Jun-17 Sep-17
DII Net Investments
1,100
ML Large-cap ML Small-cap Nifty ML Micro-cap (Rs Crore)
ML Mid-cap ML Mega-cap Sensex
800

500
Index 24 Aug 6 Sep +/-
ML Micro-cap Index 98.07 103.79 6% 200
ML Mid-cap Index 114.17 118.81 4%
-100
ML Small-cap Index 106.08 110.31 4% 28 Aug-17 6 Sep-17
ML Large-cap Index 112.65 116.12 3%
ML Mega-cap Index 114.95 118.00 3% GLOBAL MARKET TRENDS
Nifty 9,857.05 9,916.20 1% 2,500

Sensex 31,596.06 31,661.97 0% Kospi

Mega-cap Gainers/Losers 24 Aug 6 Sep Change 2,300

Central Bank of India 73.55 98.80 34%


2,100
Idea Cellular 90.05 81.80 -9%

Large-cap Gainers/Losers 24 Aug 6 Sep Change


1,900
Bombay Dyeing & Mfg 85.05 146.40 72% Mar-17 Jun-17 Sep-17

Kwality 147.50 123.10 -17% Hang Seng and Nikkei ended flat, while the FTSE fell
Mid-cap Gainers/Losers 24 Aug 6 Sep Change
1%. Bovespa and Shanghai Composite advanced 3%
each. NASDAQ Composite rose 2%. 
Nitco 68.00 102.90 51%
Index 24 Aug 6 Sep + / (-)
Religare Enterprises 57.95 40.45 -30%
Bovespa 71,133 73,412 3%
Small-cap Gainers/Losers 24 Aug 6 Sep Change
Shanghai Composite 3,272 3,385 3%
New Delhi Television 38.65 62.40 61% NASDAQ Composite 6,271 6,393 2%

Shilpi Cable Technologies 27.20 22.60 -17% S&P 500 2,439 2,466 1%
Taiwan Weighted 10,489 10,548 1%
Micro-cap Gainers/Losers 24 Aug 6 Sep Change
Hang Seng 27,519 27,614 0%
Indo Thai Securities 33.00 59.70 81% Nikkei 19,354 19,358 0%
Servalakshmi Paper 1.92 1.31 -32% FTSE 7,407 7,354 -1%

(All Prices in Rs) Korean Composite 2,376 2,320 -2%

MONEYLIFE | 15-28 Sep 2017 | 64

Money Fact.indd 2 08-09-2017 19:17:19


MONEY FACTS STOCKS

What’s H T ML SECTORAL TRENDS


Textiles companies were in demand during the fortnight. Bombay Dyeing &
Mfg, Mandhana Industries, CIL Nova Petrochemicals, Ester Industries and
Shares of textiles companies and
printing & publishing companies
advanced 9% each, while shares of
Himatsingka Seide soared 72%, 45%, 25%, 24% and 21%, respectively. 
steel products companies rose 8%.
Companies 24 Aug 6 Sep +/-
Stocks of telecom service companies
declined 6%; stocks of oil & gas
ML Textile Index Bombay Dyeing & Mfg 85.05 146.40 72% services companies and software &
110 Mandhana Industries 5.90 8.57 45% IT services companies fell 1% each. 
CIL Nova Petro 27.70 34.75 25%
ML Sectoral Trends
JBF Industries 153.15 190.85 25%
105 Trading 14% Telecom Services -6%
Ester Industries 31.65 39.40 24%
Odds 12% Oil & Gas Services -1%
Himatsingka Seide 311.05 376.80 21%
Textiles 9% Software & IT Serv -1%
100 Eastern Silk Inds 5.13 6.19 21%
Printing & Publishing 9% Pharma 0%
Winsome Yarns 2.10 2.50 19%
Steel Products 8% Diversified 0%
Soma Textiles & Inds 10.93 13.00 19%
95
Mar-17 Jun-17 Sep-17 Raymond 733.75 857.40 17%

All Prices in Rs
URBAN INFLATION

What’s N T Urban inflation rose to 2.17%


in July 2017 from 1.41% in June
2017. Combined urban and rural
Telecom service companies were a mixed bag. Idea Cellular, Bharti Airtel, inflation was at 2.36% in July
Bharti Infratel and Reliance Communications declined 9%, 7%, 3% and 2017, increasing from 1.54% in
2%, respectively.  June 2017. Inflation for clothes
and footwear items in urban
Companies 24 Aug 6 Sep +/- areas was 2.76% in July 2017
ML Telecom Service Index compared to 2.84% in June 2017.
Idea Cellular 90.05 81.80 -9%
120
Inflation for household goods
Bharti Airtel 432.95 402.95 -7%
Crawling Up?
Bharti Infratel 383.90 371.45 -3%
110 5.50%
Reliance Comm 22.90 22.55 -2%

4.45%
MTNL 19.55 20.00 2%
100

Tata Comm 642.10 659.35 3% 3.40%

Tata Teleservices 6.75 7.02 4% 90 2.35%


Mar-17 Jun-17 Sep-17
All Prices in Rs
1.30%
Jul-16 Jan-17 Jul-17
BULK DEALS
Date Company Buyer Seller Rs Cr and services in urban areas was
29 Aug-17 RBL Bank Cartica Capital Cartica Capital 2 Limited - FDI 413.25
marginally higher at 3.00% in July
2017 compared with 2.92% in
28 Aug-17 Dion Global Solutions Ralph James Horne Cresta Fund 2.75 June 2017. Inflation for housing
04 Sep-17 Aryaman Capital Markets Holly Enterprises Pvt India Finsec 0.40 in urban areas increased to 4.98%
in July 2017 from 4.70% in June
06 Sep-17 Vaksons Automobiles Yogeshkumar B Shah Overskud Multi Asset 0.38
2017. In urban areas, inflation
06 Sep-17 Relicab Cable Aryaman Broking Pratik Paresh Shah HUF 0.28 for personal-care and effects was
lower, at 2.00% in July 2017,
31 Aug-17 OP Chains AG Shares And Sec Hem Sec 0.19
decreasing from 3.11% in June
05 Sep-17 Sam Industries Ishita Gaurav Mohatta Cerebral Securities Pvt 0.13 2017. 

65 | 15-28 Sep 2017 | MONEYLIFE

Money Fact.indd 3 08-09-2017 19:17:39


PS
Loose Ends at Infosys
N ow that R Seshasayee and the
two foreign directors on the
Infosys board have hit back at NR
formal letter, blaming NRN for Vishal
Sikka’s exit). It is fairly certain that the
two foreign directors, Jeffery Lehman
former employees came out to back the
chairman. Does this mean that Infosys
employees imbibed the organisation’s
Narayana Murthy (NRN), we have a and John Etchemendy, were inducted culture far better than its board?
few new questions. Mr Seshasayee to the board with Mr Murthy’s consent. Media reports now tell us that a
has called NRN vindictive, slanderous What is forgotten by most is that corporate governance committee,
and, effectively, a liar. NRN has not Infosys has made many mistakes with headed by Uday Kotak, will recommend
responded. What does it say about the its board. These controversial directors rules on what information the
much-admired NRN’s judgement about were persuaded to make a quiet exit. I company’s management and board of
people? Remember, both, Vishal Sikka remember, the dean of a global business directors can share with founders and
and Mr Seshasayee, were hand-picked school telling me that decisions what they cannot. This probably covers
by him as was RavRavi in Infosys were influenced by the situations like Rupa Kudva (former
Venkatesan, who
w expression on NRN’s face. If he appeared chief of CRISIL) allegedly asking NRN
was inducted to be positive, the independent directors to sign a non-disclosure agreement to
as the vice- would vociferously support the decision, get access to an Infosys investigation
chairman or do the opposite. Incidentally, many into severance pay and other issues. It
problems
after problem corporate watchers have noticed that would make more sense if the Kotak
with the board
boar two former independent directors, committee asks such reports to be made
began (but Mr with a long stint on the board during public. It is good that NRN is happy with
Venkatesan seems
see Mr Murthy’s active leadership, had the return of Nandan Nilekani as vice-
to have gone
go been the strongest voices asking him chairman; but it will be a travesty if the
along to back-off and leave Mr Sikka alone. ‘full investigation’ report is buried just
with the
t Neither of them raised the issue of hefty because one of the founders is back at
board’s
boar compensation and huge exit packages the helm. In fact, NRN’s own credibility
which were so contrary to the Infosys lies in ensuring this, especially in the
culture. On the other hand, hundreds of face of Mr Seshasayee’s allegations.

Tax Reminder or Threat? Drop CSR Hypocrisy


A lthough the government talks of
treating honest taxpayers with
respect, the income-tax (I-T) department,
tax. Did the I-T department have reason
to suspect that companies are likely to
dodge tax payment? No; in fact, it chose
W hile on Infosys and good
governance, how about the
company ending the tradition of having
obviously, thinks differently. The easiest the highest tax-paying companies in the CEO’s wife head Infosys Foundation?
way for the I-T department Mumbai for their pay-up threat! Vishal Sikka’s wife headed Infosys
to meet the steep tax An angry businessman tells us, “I Foundation implementing the company’s
collection target set find it insulting. Nobody needs corporate social responsibility (CSR)
by the finance to remind us to comply; else initiatives and resigned soon after he did.
ministry is to hustle we wouldn’t be in the top How does this practice go with a public
and frighten existing taxpayers’ list.” Also, he limited company? Since Infosys was
taxpayers to cough up says, the government is the benchmark for good governance,
more. Many companies unconcerned that its own this dubious practice has been quickly
have just got letters from economic decisions have adopted by many listed companies and
the department reminding them adversely impacted his business; wives/daughters of many promoters/
to pay advance tax by 15th September. so he will earn less and pay less tax than founders now control 2% of the profits
But, instead of sending out a friendly last year. “No wonder, nobody feels like earmarked as CSR spend and have
reminder, the letter threatens them with paying tax in India. The more you pay, the lavish offices and expenses to do so.
penal interest as per Section 234C of the more you are harassed,” he ends. Is the It’s time to scrap the hypocrisy of
Income-tax Act for failure to pay advance government listening? mandatory CSR.

MONEYLIFE | 15-28 Sep 2017 | 66

PS.indd 1 08-09-2017 10:57:59


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