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Customs, DGFT & SEZ

Loans to Good Tax Payers

July 23, 2019

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The Government has taken comprehensive steps to reduce the incidence of frauds in banks. The steps taken include, inter-alia, the following:

  • Government has issued “Framework for timely detection, reporting, investigation relating to large value bank frauds” to Public Sector Banks (PSBs), for systemic and comprehensive checking of legacy stock of their non-performing assets (NPAs), which provides, inter-alia, that-
  • all accounts exceeding ₹ 50 crore, if classified as NPAs, be examined by banks from the angle of possible fraud, and a report placed before the bank’s Committee for Review of NPAs on the findings of this investigation;
  • examination be initiated for wilful default immediately upon reporting fraud to RBI; and
  • report on the borrower be sought from the Central Economic Intelligence Bureau in case an account turns NPA.
  • Fugitive Economic Offenders Act, 2018 has been enacted to deter economic offenders from evading the process of Indian law by remaining outside the jurisdiction of Indian courts. The act provides for attachment of property of a fugitive economic offender, confiscation of such offender’s property and disentitlement of the offender from defending any civil claim.
  • PSBs have been advised to obtain certified copy of the passport of the promoters/directors and other authorised signatories of companies availing loan facilities of more than ₹ 50 crore and, decide on publishing photographs of wilful defaulters, in terms of Reserve Bank of India (RBI)’s instructions and as per their Board-approved policy and to strictly ensure rotational transfer of officials/employees. The heads of PSBs have also been empowered to issue requests for issue of Look Out Circulars.
  • For enforcement of auditing standards and ensuring the quality of audits, Government has established the National Financial Reporting Authority as an independent regulator.
  • Instructions/advisories have been issued by Government to PSBs to decide on publishing photographs of wilful defaulters, in terms of RBI’s instructions and as per their Board-approved policy, and to obtain certified copy of the passport of the promoters/directors and other authorised signatories of companies availing loan facilities of more than ₹ 50 crore.
  • In order to bring transparency and accountability in the larger financial system, bank accounts of 3.38 lakh inoperative companies were frozen over the last two financial years.

The impact of the above steps is reflected in RBI’s Financial Stability Report (FSR) of June 2019. As per FSR, systemic and comprehensive checking of legacy stock of NPAs of PSBs for frauds has helped unearth frauds perpetrated over a number of years. Details of the number of cases and amount involved in frauds of ₹ 1 lakh and above that occurred during the last three financial years (FYs), reported by Scheduled Commercial Banks (SCBs), as per inputs received from RBI, are as under:  

FY of occurrence

Number of cases

Amount  involved (in crore Rs.)

2016-17

3,927

25,884

2017-18

4,228

 9,866

2018-19

2,836

 6,735

 While repayment capacity and applicant’s liabilities, including tax liabilities, are relevant for such appraisal and assessment, processing of applications for appraisal, assessment, sanction and disbursement is also dependent upon availability of requisite details and documents to enable the bank to arrive at a decision in its commercial judgement with due regard to the technical feasibility and economic viability of the proposal and the creditworthiness of the applicant, in accordance with the bank’s Board-approved loan policy. Upon receipt of loan applications with requisite details and documents in support of technical feasibility and economic viability of the proposal and creditworthiness and repayment capacity of the applicant, banks appraise and assess the same for a decision regarding sanction and disbursement.

This was stated by Shri Anurag Singh Thakur, Minister of State for Finance & Corporate Affairs in a written reply to a question in Rajya Sabha today.

*****

 

Annex

Details of frauds as reported by Scheduled Commercial Banks and select Financial Institutions based on date of occurrence (amount involved ₹ 1 lakh and above), primarily in loan accounts sanctioned during previous years

Amounts in crore Rs.

 

Bank

Category

FY 2016-17

FY 2017-18

FY 2018-19

 

Number of Frauds

Amount Involved

Number of Frauds

Amount Involved

Number of Frauds

Amount Involved

 

Aditya Birla Idea Payments Bank Limited

Payments Bank

- 

- 

- 

- 

           24

       1.45

Comprehensive measures have been taken to prevent frauds including directions to banks to examine all NPA accounts above ₹ 50 crore from the angle of possible fraud, initiation of criminal proceedings, enactment of Fugitive Economic Offenders Act 2018, creation of Central Fraud Registry, empowering heads of Public Sector Banks to request for issue of Look Out Circular, establishment of the National Financial Reporting Authority, straight-through processing between Core Banking System and SWIFT and instituting in PSBs the system of obtaining certified copies of passport of promoters/directors of companies availing of loans exceeding ₹ 50 crore.

 

 

 

 

 

 

Comprehensive measures have been taken to prevent frauds including directions to banks to examine all NPA accounts above ₹ 50 crore from the angle of possible fraud, initiation of criminal proceedings, enactment of Fugitive Economic Offenders Act 2018, creation of Central Fraud Registry, empowering heads of Public Sector Banks to request for issue of Look Out Circular, establishment of the National Financial Reporting Authority, straight-through processing between Core Banking System and SWIFT and instituting in PSBs the system of obtaining certified copies of passport of promoters/directors of companies availing of loans exceeding ₹ 50 crore.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Comprehensive measures have been taken to prevent frauds including directions to banks to examine all NPA accounts above ₹ 50 crore from the angle of possible fraud, initiation of criminal proceedings, enactment of Fugitive Economic Offenders Act 2018, creation of Central Fraud Registry, empowering heads of Public Sector Banks to request for issue of Look Out Circular, establishment of the National Financial Reporting Authority, straight-through processing between Core Banking System and SWIFT and instituting in PSBs the system of obtaining certified copies of passport of promoters/directors of companies availing of loans exceeding ₹ 50 crore.

 

 

 

 

 

 

Allahabad Bank

Public Sector Bank

           63

   1,398.19

           11

     40.77

           12

    509.67

American Express Banking Corporation

Foreign Bank

         167

         7.07

         332

       9.56

         190

       6.30

Andhra Bank

Public Sector Bank

           36

       75.82

           37

    880.11

           11

    193.51

AU Small Finance Bank Limited

Scheduled Small Finance Bank

            1

         1.45

            4

       0.25

            5

       0.35

Axis Bank Limited

Private Sector Bank

         217

     666.34

         231

    691.78

         195

    670.40

Bandhan Bank Limited

Private Sector Bank

           24

         1.51

           21

       1.22

            6

       0.91

Bank of America, National Association

Foreign Bank

            1

         0.01

           16

       0.36

            9

       0.23

Bank of Bahrain and Kuwait B.S.C.

Foreign Bank

            2

         0.23

- 

- 

- 

- 

Bank of Baroda

Public Sector Bank

         140

   1,723.83

           84

    695.29

           32

    797.12

Bank of India

Public Sector Bank

           95

     978.54

           99

 1,247.63

           52

     43.64

Bank of Maharashtra

Public Sector Bank

           34

     391.29

           32

 1,004.86

           38

    791.31

Bank of Nova Scotia

Foreign Bank

            1

         0.13

- 

- 

- 

- 

Canara Bank

Public Sector Bank

           48

     229.95

           50

     97.85

           24

       2.48

Catholic Syrian Bank Limited

Private Sector Bank

            9

         7.88

           25

    118.02

            8

       0.70

Central Bank of India

Public Sector Bank

           59

     153.85

           56

     11.08

           45

       2.53

Citibank N.A.

Foreign Bank

         189

         8.79

         203

       8.81

         168

       4.88

City Union Bank Limited

Private Sector Bank

            3

         4.38

           10

     48.30

            1

       0.25

Cooperatieve Rabobank U.A.

Foreign Bank

- 

- 

            2

     61.53

- 

- 

Corporation Bank

Public Sector Bank

           52

     123.46

           12

     97.13

            5

       0.05

DBS Bank Ltd.

Foreign Bank

            2

     116.82

- 

- 

            3

       0.13

DCB Bank Limited

Private Sector Bank

            2

         0.11

            8

       1.51

            7

     33.17

Dena Bank

Public Sector Bank

           24

       40.25

           11

    232.57

            3

       2.71

Deutsche Bank AG

Foreign Bank

- 

- 

            8

       0.13

            3

       0.04

Doha Bank QSC

Foreign Bank

            1

         2.76

- 

- 

- 

- 

Equitas Small Finance Bank Limited

Scheduled Small Finance Bank

            4

         0.19

           17

       2.18

            7

       0.35

ESAF Small Finance Bank Limited

Non-Scheduled Small Finance Bank

- 

- 

            4

       0.18

            2

       0.05

Export Import Bank of India

National Financial Institution

            2

     183.98

            1

     81.91

- 

- 

Federal Bank Limited

Private Sector Bank

           15

       12.36

           28

       3.09

            9

     26.46

Fincare Small Finance Bank Limited

Non-Scheduled Small Finance Bank

- 

- 

            2

       0.05

           13

       0.48

Fino Payments Bank Limited

Payments Bank

- 

- 

            3

       0.90

           13

       0.64

Firstrand Bank Limited

Foreign Bank

            1

         0.02

- 

- 

- 

- 

HDFC Bank Limited

Private Sector Bank

         312

       42.21

         330

     54.39

         273

    425.20

Hongkong and Shanghai Banking Corporation Limited

Foreign Bank

           45

         0.94

         298

       6.51

         178

       3.26

ICICI Bank Limited

Private Sector Bank

         528

       35.13

         530

    851.44

         374

     25.84

IDBI Bank Limited

Private Sector Bank

           91

     989.98

           94

     99.84

           99

     59.22

IDFC Bank Limited

Private Sector Bank

            3

         0.39

            1

       0.02

           10

     41.90

Indian Bank

Public Sector Bank

           70

       59.45

           47

    133.66

           20

       2.92

Indian Overseas Bank

Public Sector Bank

           53

   1,115.98

           34

    372.08

           30

 2,272.89

IndusInd Bank Limited

Private Sector Bank

           16

         1.68

           36

    109.59

           51

       9.40

Jammu and Kashmir Bank Limited

Private Sector Bank

            9

         2.69

            3

    176.17

- 

- 

Jana Small Finance Bank Limited

Non-Scheduled Small Finance Bank

           13

         1.16

           14

       0.98

           19

       0.74

Karnataka Bank Limited

Private Sector Bank

            4

       87.26

           11

     21.55

            2

       0.03

Karur Vysya Bank Limited

Private Sector Bank

           20

       24.26

           22

     30.84

            7

       2.66

KEB Hana Bank

Foreign Bank

            2

         0.02

- 

- 

- 

- 

Kotak Mahindra Bank Limited

Private Sector Bank

         125

       51.11

         275

     12.44

         338

       9.19

Krishna Bhima Samruddhi Lab Limited

Non Scheduled Local Area Bank

            1

         0.02

- 

- 

- 

- 

Lakshmi Vilas Bank Limited

Private Sector Bank

           52

       95.34

           38

    116.94

           43

    127.27

Nainital Bank Limited

Private Sector Bank

            6

         0.48

            1

       0.31

- 

- 

North East Small Finance Bank Limited

Non-Scheduled Small Finance Bank

- 

- 

- 

- 

            1

       0.18

Oriental Bank of Commerce

Public Sector Bank

           42

     301.96

           24

     36.82

            8

     24.89

Paytm Payments Bank Limited

Payments Bank

- 

- 

- 

- 

            2

       0.02

PT Bank Maybank Indonesia TBK

Foreign Bank

            1

       17.78

- 

- 

- 

- 

Punjab and Sind Bank

Public Sector Bank

           22

     117.07

            3

       2.19

- 

 -

Punjab National Bank

Public Sector Bank

         101

 14,734.52

         108

    324.83

           33

    264.79

RBL Bank Limited

Private Sector Bank

           14

         1.66

           18

       8.67

           12

       2.12

SBM Bank (Mauritius) Limited

Foreign Bank

- 

- 

            2

     72.53

            1

    144.95

Small Industries Development Bank of India

National Financial Institution

            5

       16.11

            8

     62.31

            1

       5.08

South Indian Bank Limited

Private Sector Bank

            8

       62.83

           16

     20.28

           19

       5.32

Standard Chartered Bank

Foreign Bank

         314

         8.31

           86

     58.09

           48

       2.91

State Bank of Bikaner and Jaipur

Public Sector Bank

            5

         0.24

- 

- 

- 

 -

State Bank of Hyderabad

Public Sector Bank

            6

         7.65

- 

- 

- 

 -

State Bank of India

Public Sector Bank

         469

     444.28

         618

    294.56

         236

     59.69

State Bank of Mysore

Public Sector Bank

           12

         4.24

- 

- 

- 

 -

State Bank of Patiala

Public Sector Bank

            6

         0.45

- 

- 

- 

 -

State Bank of Travancore

Public Sector Bank

           15

         0.67

- 

- 

- 

 -

Subhadra Local Area Bank Limited

Non Scheduled Local Area Bank

            1

         0.01

- 

- 

- 

 -

Suryodaya Small Finance Bank Limited

Scheduled Small Finance Bank

            5

         0.25

            7

       0.13

- 

 -

Syndicate Bank

Public Sector Bank

         127

     133.81

           78

    613.42

           27

     84.24

Tamilnad Mercantile Bank Limited

Private Sector Bank

           18

       63.41

           31

     78.27

           14

     25.60

The Bank of Tokyo-Mitsubishi UFJ Limited

Foreign Bank

            1

         1.24

            1

       0.19

            1

       0.03

The Dhanalakshmi Bank Limited

Private Sector Bank

            3

         0.20

            6

     68.81

            3

       4.59

The Industrial Finance Corporation of India Limited

National Financial Institution

            1

       23.92

- 

- 

- 

 -

UCO Bank

Public Sector Bank

           31

     233.77

           41

    103.25

           27

       2.89

Ujjivan Small Finance Bank Limited

Scheduled Small Finance Bank

           15

         0.31

           11

       0.23

            7

       0.33

Union Bank of India

Public Sector Bank

           83

     612.74

           69

    480.03

           15

     29.08

United Bank of India

Public Sector Bank

           29

     402.85

           15

       2.22

           20

       4.60

Utkarsh Small Finance Bank Limited

Scheduled Small Finance Bank

            5

         0.22

            8

       0.31

            4

       0.06

Vijaya Bank

Public Sector Bank

           32

       16.58

           22

    145.96

            2

       0.94

Yes Bank Limited

Private Sector Bank

           14

       39.61

           15

    169.30

           26

       2.01

Source: RBI

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Topics

Acts Income Tax