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Naresh Goyal created tax evading schemes to siphon off funds abroad: ED

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Published : Aug 24, 2019, 5:09 PM IST

The federal probe agency had carried out searches on Friday at a dozen locations of Goyal, his firms and partner agencies in Mumbai and Delhi on charges of an alleged contravention of the foreign exchange law.

Naresh Goyal

New Delhi: The Enforcement Directorate on Saturday alleged Jet Airways founder Naresh Goyal "structured" a number of tax-evading schemes and siphoned off huge funds in foreign jurisdictions.

The federal probe agency had carried out searches on Friday at a dozen locations of Goyal, his firms and partner agencies in Mumbai and Delhi on charges of an alleged contravention of the foreign exchange law.

"The search resulted in the seizure of various incriminating documents and digital evidence. Further investigation and analysis of the seized documents are going on," the agency said in a statement.

It said preliminary probe "indicates that Goyal structured various tax-evading schemes involving its domestic and foreign companies, thereby siphoning off the huge amount in foreign jurisdictions through dubious or fictitious transactions".

The ED said Goyal "indirectly" controls various entities abroad, some of which are in tax haven nations.

"Fictitious and inflated payments appear to have been made to some of these foreign entities under various airline lease agreements, aircraft maintenance agreements, among others."

"Huge amounts appear to have been sent abroad by way of inflated commission to its own group entity in Dubai which acted as airline's exclusive overseas general sales agent (GSA)," the ED alleged.

The agency said probe indicates that Goyal is "likely to be" the beneficial owner of some bank accounts abroad having huge deposits.

Read More: FM's steps will strengthen India's position as global investment destination: US industry

"Prima facie these transactions involve various violations under the Foreign Exchange Management Act," it said.

Official sources added that the charge of undisclosed assets held abroad could lead the agency to book Goyal under the stringent and criminal anti-money laundering law in the coming day.

A dozen premises, including Goyal's Mumbai residence, his group companies, their directors and officers of Jet Airways, were searched on Friday.

The businessman's empire, the agency said, had 19 privately-held companies, five of which were registered abroad.

A particular company under the ED scanner is the Isle of Man-based Tail Winds Corporation and it is suspected that it controlled all the activities of Jet Airways.

The company (Tail Winds) was formed by Goyal in 1992 and the agency also had searched the premises of one Hasmukh Deepchand Gardi, a partner and investor in the Isle of Man firm, the officials had said.

They said Gardi, who is based in Dubai, also had a mention in the global offshore holdings list, known as the "Panama Papers", and the agency suspected that the money invested in Tail Winds was sourced through illegal means.

A full-service carrier, Jet Airways shut down its operations on April 17 after running out of cash.

A Ministry of Corporate Affairs (MCA) inspection report had found large-scale irregularities, including diversion of funds, at the airline, sources had said in July.

In March, Goyal stepped down as the chairman of Jet Airways.

Currently, the airline is going through the resolution process under the Insolvency and Bankruptcy Code.

New Delhi: The Enforcement Directorate on Saturday alleged Jet Airways founder Naresh Goyal "structured" a number of tax-evading schemes and siphoned off huge funds in foreign jurisdictions.

The federal probe agency had carried out searches on Friday at a dozen locations of Goyal, his firms and partner agencies in Mumbai and Delhi on charges of an alleged contravention of the foreign exchange law.

"The search resulted in the seizure of various incriminating documents and digital evidence. Further investigation and analysis of the seized documents are going on," the agency said in a statement.

It said preliminary probe "indicates that Goyal structured various tax-evading schemes involving its domestic and foreign companies, thereby siphoning off the huge amount in foreign jurisdictions through dubious or fictitious transactions".

The ED said Goyal "indirectly" controls various entities abroad, some of which are in tax haven nations.

"Fictitious and inflated payments appear to have been made to some of these foreign entities under various airline lease agreements, aircraft maintenance agreements, among others."

"Huge amounts appear to have been sent abroad by way of inflated commission to its own group entity in Dubai which acted as airline's exclusive overseas general sales agent (GSA)," the ED alleged.

The agency said probe indicates that Goyal is "likely to be" the beneficial owner of some bank accounts abroad having huge deposits.

Read More: FM's steps will strengthen India's position as global investment destination: US industry

"Prima facie these transactions involve various violations under the Foreign Exchange Management Act," it said.

Official sources added that the charge of undisclosed assets held abroad could lead the agency to book Goyal under the stringent and criminal anti-money laundering law in the coming day.

A dozen premises, including Goyal's Mumbai residence, his group companies, their directors and officers of Jet Airways, were searched on Friday.

The businessman's empire, the agency said, had 19 privately-held companies, five of which were registered abroad.

A particular company under the ED scanner is the Isle of Man-based Tail Winds Corporation and it is suspected that it controlled all the activities of Jet Airways.

The company (Tail Winds) was formed by Goyal in 1992 and the agency also had searched the premises of one Hasmukh Deepchand Gardi, a partner and investor in the Isle of Man firm, the officials had said.

They said Gardi, who is based in Dubai, also had a mention in the global offshore holdings list, known as the "Panama Papers", and the agency suspected that the money invested in Tail Winds was sourced through illegal means.

A full-service carrier, Jet Airways shut down its operations on April 17 after running out of cash.

A Ministry of Corporate Affairs (MCA) inspection report had found large-scale irregularities, including diversion of funds, at the airline, sources had said in July.

In March, Goyal stepped down as the chairman of Jet Airways.

Currently, the airline is going through the resolution process under the Insolvency and Bankruptcy Code.

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IndiGo board has approved new policy on related-party transactions: Gangwal
(Eds: Adding details of a regulatory filing by IndiGo)
          New Delhi, Aug 23 (PTI) InterGlobe Aviation promoter Rakesh Gangwal on Friday said the company's board has approved a new policy on related-party transactions, amid an ongoing feud with co-promoter Rahul Bhatia over governance issues.
          The company is the parent of the country's largest airline IndiGo.
          "While much work lies ahead, including mending some fences and the regulators completing their investigations on the governance issues raised with them, it is gratifying to see progress towards better governance," Gangwal said in a statement.
          Gangwal said the board has now approved a new related-party transaction policy and to also close an open issue if the Articles of Association are amended at the company's upcoming annual general meeting (AGM) to increase the board size to 10 directors.
          "In light of this positive and important development, I will be supporting the proposed changes to the Articles," he said.
          The AGM is scheduled to be held on August 27.
          Currently, InterGlobe Aviation has six board members.
          The feud between Gangwal and Bhatia came into the public after the former, in July, wrote to markets regulator Sebi seeking its intervention to address alleged corporate governance lapses at the company. The allegations have been rejected by the Bhatia group.
          Gangwal and his affiliates hold around 37 per cent stake in InterGlobe Aviation, while Bhatia's group owns nearly 38 per cent shareholding.
          In a filing to the stock exchanges on Friday, InterGlobe Aviation said appointment of M Damodaran as an independent director for a five-year term starting from January 23, 2019, has been proposed by way of an ordinary resolution for the annual general meeting.
          Damodaran, who is currently the firm's chairman, would attain the age of 75 years during his tenure as an independent director, the filing said.
          "... as a matter of abundant clarification of the legal position, the board has approved a resolution through circulation today i.e. August 23, 2019, that for continuance of directorship of Meleveetil Damodaran as an independent director of the company, beyond the age of 75 years, the company shall at an appropriate time before Damodaran attains the age of 75 years, seek the approval of shareholders by way of a special resolution," it added. PTI RAM
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