ED issues show cause notice to NDTV in Rs 40-billion FEMA violations case

The Enforcement Directorate (ED) has issued a show cause notice to private television news channel NDTV for alleged violations of the forex law amounting to over Rs 40 billion, the central probe agency said Thursday.

"The investigation showed FEMA contraventions relating to receipt of foreign direct investment by NDTV to the extent of Rs 16.37 billion and the other relating to overseas investments to the tune of RS 27.32 billion," the ED said in a statement.

The show cause notice, issued under the Foreign Exchange Management Act (FEMA), was issued to the founders and executive co-chairpersons of the group-- Prannoy Roy and Radhika Roy--, journalist Vikram Chandra and few others.

The companies alleged to have contravened the FEMA are Ms NDTV Lifestyle Holdings Ltd (now Ms Lifestyle and Media Holdings Ltd), Ms South Asia Creative Assets Ltd, Ms Astro Overseas Ltd and Ms NDTV Imagine Ltd (now Ms Turner General Entertainment Networks India Pvt Ltd).

The ED said the offences identified in respect of the first alleged contravention in the receipt of FDI pertains to "substantive contraventions of Rs 3.19 billion by NDTV Ltd through contravention of press note 1 of 2005 and downstream investment of Rs 1.38 billion without FIPB approval.

"The remaining contraventions relate to delays under FEMA in respect of allotment of shares within permissible time limit of 180 days and delays in filing nomination with RBI and reporting requirements," the agency said.

As part of the second violation that has been show caused, the ED said "overseas investment made by the NDTV and offences of Rs 5.82 billion relate to contravention of substantive provisions of FEMA and the remaining contraventions of Rs 24.14 billion relate to delays in filing reports and other requisite information before RBI."

The total contravention identified under the latest notice is Rs 43.69 billion.

The agency said it is further probing an instance of FDI received by the media group worth Rs 7.25 billion, which only the cabinet committee on economic affairs (CCEA) was competent to clear (cases of FDI in excess of Rs 6 billion).

"But, no CCEA approval was taken (by NDTV)," the ED alleged.

"FDI was projected as below Rs 6 billion as part of larger conspiracy. While applying for FIPB approval NDTV projected FDI as varying between $130-160 million. Documents of FIPB section also projected FDI differently as Rs 5.85 billion ($130 million at the rate of Rs 45 per dollar).

"Further, investigation on this aspect is continuing," the agency said.

It added that there are additional "offences" under probe to the tune of Rs 13,78,68,77,738 by the group in respect of delays in reporting and filing information with RBI such as FIRC, FCGPR, FCTRS among others and delays in allotment of shares.