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Mr.Farouk Irani has been cooking his books since 1980s !!

I had earlier blogged about how Indian investors should believe audited statements at their own peril.

Now, here is another startling case of how auditors colluded with promoters to commit fraud

A fortnight ago, chatting with bankers at Chennai’s Haddows Club, Farouk Irani, a pioneer in India’s leasing business, admitted that the company he led for decades along with industrialist friend AC Muthiah, has a hole of Rs 1,000-crore in its balance sheet.

Assets worth only Rs 200 crore has been created by First Leasing Company of India, where Irani has been the managing director since 1973, out of bankfinance of more than Rs 1,200 crore.

When the team of financiers led by a senior official of State Bank of India asked Irani where the remaining funds were deployed, he could not give any ‘satisfactory reply”. Stunned bankers told the company to close accounts with all banks outside the consortium, a source familiar with the development told ET.

The person also said that there were question marks on the audited financials of First Leasing, a Chennai-based listed company. The meeting with bankers took place a few days after the Reserve Bank of India barred the company from doing any business until further orders. “We confirm an RBI audit is under way of our accounts and until the audit is complete we cannot presuppose what the numbers are,” said Irani, responding to ET’s email query. When told that there are suspicions that funds have been diverted by the company’s management to unrelated activities, Irani said, “There has been no diversion of funds. Once the RBI audit is over it will reconfirm money was not diverted for any improper purpose.

Funds have only been committed for the benefit of the company’s stakeholders which would include payment of interest to the banks, the income tax, sales tax, salaries to the staff etc.”

Sarathy & Balu was the company’s statutory auditor for the financial year 2012-13 while MK Dandeker & Co was the internal auditor. NR Sridharan, partner at Sarathy & Balu, could not be contacted despite repeated attempts.

The company has been asked by its bankers to immediately open an escrow account with SBI and, collect and submit post dated cheques given to customers to SBI for credit, besides furnishing a list of receivables and assets.

According to banking circles, the company’s troubles started during the 1980s when Mercantile Credit Corporation, a group company of MAC, founded by Muthiah’s father late MA Chidambaram, ran into trouble. (Muthiah is the chairmanemeritus of Southern Petrochemical Industries)

In 1988, First Leasing had to pay out Rs 170 crore to depositors, borrowing money at a higher rate, when MAC faced financial difficulties. The tight money condition of the 1990s worsened things and later Rs 65 crore was lost in “misguided transactions” (but this amount was recovered after a period of time). The payment of Rs 170 crore, however, was never reported to banks.

The CEO of another south-based financial services group told ET that First Leasing also lost out as it failed to change with time and bring in new financial investors like private equity houses. More recently, it has been borrowing from banks to repay dues. The members of banking consortium include SBI, IDBI,UCO, State Bank of Travancore, Syndicate, Vijaya, State bank of Patiala, ICICI, IndusInd, Axis, Bank of Maharashtra, State Bank of Mysore, HDFC, and Catholic Syrian. The combined credit limit extended by them is.`1,322 crore and the present standing is Rs 1,211 crores-from ET

 

So basically, the books were cooked since the 1980’s !!Also, find it amusing that veterans felt that the solution to the hole in the accounts was to bring in private equity investors !!

 

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Observations

Mr.Motilal Oswal bought right,sat tight and lost a bundle

One ad doing the rounds on TV is from Motilal Oswal which advises investors to follow the golden rule of investing “Buy Right,Sit Tight”

Now it is interesting to know that Mr.Motilal Oswal personally lost money along with his investors in the NSEL scam.

In today’s NSEL investor meet,Mr.Motilal Oswal made the following statements:

 

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Observations

Deloitte to Indian Equity Investors:Don’t believe us

The auditor of Financial Technologies — Deloitte Haskins & Sells — has said that the company’s results for the year ending March 31, 2013 should no longer be relied upon due to the crisis at group company National Spot Exchange (NSEL).

As a result, the company is deferring the passing of three items from its 25th annual general meeting on Wednesday, it said in a release to stock exchanges on Tuesday.

The items include 2012-13 audited results, dividends and re-appointment of Deloitte Haskins & Sells as its chartered accountant.

NSEL, which contributed roughly 56% to Financial Technologies’ net profit in 2012-13, is embroiled in a crisis, where it has failed to settle trades worth Rs 5,600 crore. This has led to FT Group and its promoter Jignesh Shah facing the ire of investors, regulators and the government.

Financial Technologies said its stand-alone and consolidated results for 2012-13 will be amended with a revised auditor’s report.

“The company……will satisfy the statutory auditors of the company on stand-alone financial accounts though standalone and consolidated financial statements have been audited prior to the event occurred at NSEL,” the Financial Technologies release to BSE said.

Deloitte Haskins & Sells said it would not comment on client proprietary matters.-from BS

 

How can an audit firm withdraw its signature from audited accounts which is in the public domain since 30 May,2013?

It is clear that Deloitte feared that is could be party to a class action suit under Clause 140 and 245 of the Company Bill 2013 and hence withdrew its signatures.

The question is:Shouldn’t ICAI get its head out of its arse and take action against Deloitte.But does it have the balls?Or will it do nothing as in the case of PWC in the Satyam case?Given the track record of ICAI, I wouldn’t be holding my breath.

The message to investors in Indian equities is clear:Believe the audited accounts at your own peril.

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Observations

What Swaminathan Aiyar missed about the Land Acquisition Bill

Swaminathan Aiyar wrote a great article recently on the Land Acquisition Bill.He called it a ” Luddite proposal that threatens all economic development.” But there was one aspect he missed in the article- this Bill is likely to be a vote getter and could be a game changer for the UPA Government in rural India.

Why?Because the draconian clauses of the Bill ensure that it would be very difficult to acquire land of any significant size for any industrial/developmental activity.

This will necessarily boost the bargaining power of farmers and hence farmland prices will be headed one way-UP

For some reason, this bill reminds me of this great excerpt from Yes Minister

“There are times in a politician’s life when he is obliged to take the wrong decision.Wrong economically,wrong industrially , wrong by any standards-except one.It is a curious fact that something which is wrong from every other point of view can be right politically.”

 

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Observations

The gut wrenching fall of Wockhardt Ltd

Wockhardt Ltd is one of India’s leading pharma companies with annual sales of $1 Billion. Its corporate headquarters is housed in a gleaming building right next to National Stock Exchange in Mumbai.

On April 1, 2013, Wockhardt was trading at around Rs.2025 per share.Around a month later,MSCI added to its index which is a good sign for any scrip.

On 24th May, 2013,Wockhardt released the following press release to the stock exchanges:

Wockhardt Limited has informed the Exchange that the Company has received an ‘import alert’ from USFDA on one of its manufacturing unit located in Waluj near Aurangabad. The impact of the import alert on the revenues is estimated to be in the range of $100m on an annualised basis. The Company is taking all steps to address the concerns raised by USFDA and shall put all efforts to resolve the issue at the earliest.

 

All hell broke lose following this announcement.The stock kept falling and is now quoting at around 400 Rs/share !

This is around 25% of its quoted value only 4 months back !

The moral of the story:Invest in the Indian Equity Markets only if you can stomach the volatility !