Monday, 7 November 2016

AirAsia audit reveals dubious transfer of funds -The Total Investment & Insurance Solutions

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7 November 2016
Air Asia (The Total Investment & Insurance Solutions) 

After Cyrus Mistry's letter to the directors of Tata Sons, which mentioned fraudulent transactions of Rs22 crore involving non-existent parties in India and Singapore, much more information has begun to spill into public domain. For starters, some details about the forensic audit carried by Deloitte Touche Tohmatsu India into the affairs of AirAsia India Ltd (AAIL) are available. The audit found several payments to entities that have not provided any services to the carrier as well as personal expenditure of its former chief executive Mittu Chandilya being billed to the airline. AAIL is a joint venture between Tata Sons Ltd and AirAsia Investment Ltd. The Total Investment & Insurance Solutions

Documents reviewed by Moneylife reveal a possible nexus between Chandilya and one Rajendra Dubey, who allegedly assisted the CEO since August 2013 in liaison activities "...in setting up meetings with Chief Ministers (CMs) and politicians across the country."  

There was no direct contract or payment between Dubey and AirAsia India, we learn. Moreover, Deloitte reports that "Payments amounting to Rs12.28 crore made against invoices of HNR Trading, a Singapore-based entity where Dubey is a director, for government or regulatory framework. No evidence of actual services provided." The Total Investment & Insurance Solutions

AAIL had just a 'plain paper agreement' with HNR with various invoice formats, and one instance of invoice contents being revised based on inputs from Venkatesan S (finance), the report says. 

It says, "Anomalies in appointment process of two other entities where Dubey is a director (ECS Cargo and RRT), which provide services to AAIL. We have been provided with a mail from Amar Abrol dated 8 September 2016 that the contract with ECS has been terminated with immediate effect."

"Payments to HNR were reportedly made by the finance team on the direction of Mittu Chandilya, though Venkatesan S mentioned he was not comfortable releasing the payments."

Dubey was, however quoted in a report by Economic Times referring to the findings as "baseless information". An email sent to Mr Debashis Ray, who is heading communications for the Tatas had not been responded to at the time of publishing this report. We had asked Mr Ray if the Tatas have any comments to make on reports about Air Asia; we will update this report if and when we hear from them. 

The Deloitte report also exposes a payment of Rs10.05 crore to Link Media Immigration Services Pvt Ltd, allegedly for rendering 'media services'. However, the company apparently "does not feature in the database of Registrar of Companies (RoC)". "Even site visits to three addresses of Link Media Immigration Services revealed no business establishment. The entity closed down its tuition centre and visa consultancy two years ago. Payments made on the direction of Mittu Chandilya. Enquiries revealed there were significant financial transactions between father of Mittu (Chandilya, the then CEO) and Link", said sources with access to the report. The Total Investment & Insurance Solutions

Mittu Chandilya is understood to have billed an amount of Rs1.63 crore in personal expenses to the company, is one of Deloitte's findings. These expenses included family travel and stay, personal expenses, the lease of cars, appointment of two drivers, payment of road tax on a personal vehicle, purchase of designer clothes and furniture and for buying iPhones.

AirAsia Berhad's CEO approved claims (of Chandilya) of about Rs48 lakh, while other expenses like that of drivers, car lease, purchase of clothes were directly approved by Chandilya, finds Deloitte.

Sources tell us that several airline employees were interviewed by the forensic auditor. These included employees who had attempted to blow the whistle on the goings-on at AirAsia. The employees are understood to have expressed fear of retaliation, which was strengthened by sudden exit of various head of departments at AAIL, said the auditor. The vitiated atmosphere at the airline is indicated by references to certain 'poison pen' letters (anonymous escalations) had gone to the management, but no one reacted, nor was any action taken." The Total Investment & Insurance Solutions

In April 2016, AAIL replaced Chandilya by naming Amar Abrol as its CEO. 

Initially, AirAsia Investment owned a 49% stake in the budget airline, followed by 30% by Tata Sons and the remaining 21% was held by Telstra Tradeplaces Pvt Ltd owned by Delhi-based Arun Bhatia. Last year, Tata Sons bought 11% of Telstra's stake, taking its total holding in the low cost carrier (LCC) to 41%. The Total Investment & Insurance Solutions 

Earlier this year, Bhatia had decided to exit the joint venture altogether. In an interview that appeared in The Economic Times on 11 December 2015, Bhatia was quoted as saying that the airline was being controlled by its Malaysian partner, and that he would take up the matter legally.

Bhatia's son Amit is the son-in-law of LN Mittal, the owner of ArcelorMittal. Amit is married to Vanisha Mittal, the only daughter of billionaire LN Mittal. The Total Investment & Insurance Solutions

Tata Sons increased its stake to 49% by buying 7.94% of the equity from Telstra. The Air Asia website reveals R Venkataramanan (a former executive assistant of Ratan Tata and a trustee on every one of the Tata Trusts) who is also a director on AAIL, holds a 1.5% stake in the company in his individual capacity while former TCS chief, S Ramadorai holds another 0.5% in his individual capacity. Ramadorai is Chairman of AAIL. The Total Investment & Insurance Solutions


The airline currently operates flights from its current base in Bengaluru and Delhi to Chandigarh, Goa, Guwahati, Imphal, Jaipur, Kochi, Pune and Visakhapatnam.The Total Investment & Insurance Solutions

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