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Legal & Patents
Monday, July 6, 2020
Voda Idea, Airtel may face hefty payouts if forced to cancel Huawei, ZTE deals

Airtel, Vodafone Idea, Tata Tele likely to pay AGR dues on Monday: DoT source The telcos said there was no message as yet from govt to reduce or stop business with Huawei and ZTE. Vodafone IdeaNSE 0.55 % and Bharti Airtel could be forced to quickly pay $600-650 million and $300 million respectively in Chinese vendor dues, if they were to cancel existing equipment contracts with Huawei and ZTE and are barred from future dealings as well with the duo, a scenario that could cause more financial pain for Vodafone Idea.

“If Vodafone Idea and Airtel are suddenly barred from buying network gear from Chinese suppliers, Huawei and ZTE may have no choice but to step up efforts to quickly recover the money the two incumbent operators owe them for gear supplies,” an industry executive, aware of the matter, said.

Telcos, though, maintained there was no communication as yet from the government to restrict or stop their business involvement with Huawei and ZTE.

Vodafone Idea’s vendor payables to Huawei and ZTE are estimated at around $450 million and $150-200 million respectively, while Airtel is reckoned to owe Huawei around $300 million for network gear purchases.

Both telcos could also face potential penalties in case of premature cancellation of existing managed services and asset maintenance (AMC) contracts with the two Chinese vendors, with international arbitration a possible option. But a top industry executive said both Airtel and Vodafone Idea could legally counter any immediate dues settlement calls, or even contest fines, by citing any potential cancellation as a force majeure event, saying they were acting on government orders on national security grounds

Last Thursday, ET had reported that the government might bar Chinese gear makers from supplying networks to state-run Bharat Sanchar Nigam Ltd (BSNL) and Mahanagar Telephone Nigam Ltd (MTNL) and even restrict or prohibit private carriers from using Chinese gear after the recent border skirmish with the Chinese army in the Galwan Valley. At present, only VIL and Airtel buy network gear from Chinese suppliers in addition to European vendors, while Reliance Jio procures only from South Korean vendor Samsung.

But if Huawei and ZTE are restricted in India "it’s likely that both may push for early settlement of their dues, which could further aggravate cash flow challenges for VIL, and even cause some short-term pain for Airtel as both are still grappling with the huge AGR (adjusted gross revenue) payouts," Rajiv Sharma, research head at SBICap Securities, said. VIL’s adjusted gross revenue (AGR) dues are a tad above Rs 58,000 crore, of which it has paid about Rs 7,000 crore, while Airtel’s is pegged at around Rs 43,980 crore, of which, it has cleared a little over Rs 18,000 crore.

An Airtel spokesperson dismissed such concerns saying it enjoys cordial relations with all its network gear suppliers and has enough cash to clear vendor dues, if required. The Sunil Mittal-led telco has “more than adequate cash flows to meet not just its financial commitments, but to continue to invest significantly.”

If Chinese vendors are barred from doing business in India, they are also likely to step up efforts to recover money from BSNL, which is estimated to owe ZTE Rs 1,300 crore and Huawei around Rs 100 crore.

At press time, VIL, Huawei and ZTE did not reply to ET’s queries.

India’s telcos have said geopolitical challenges must not be allowed to cloud commercial operations and decisions. They argued that geopolitical issues are the provenance of the government and such decisions are distinct and driven by specific considerations, which should be kept separate from commercial ones, the provenance of companies. (Source: The Economic Times)

No users' data compromised, investigating the matter: ZEE5

Telcos Estimate AGR Dues at Half the DoT DemandPopular content streaming service ZEE5 on Sunday refuted reports that claimed its user data has been compromised by a hacker, saying it is investigating the matter.

Popular content streaming service ZEE5 on Sunday refuted reports that claimed its user data has been compromised by a hacker, saying it is investigating the matter.

A hacker identifying himself as John Wick has claimed to have accessed the network of popular streaming service ZEE5, allegedly stealing over 150GB of user data along with the source code of the website, according to a report in cybersecurity news portal Quickcyber.

In a statement shared with IANS, Tushar Vohra, Head Technology, ZEE5 India said that they have noted some reports claiming about the data breach at ZEE5's end.

"We are investigating it further. We are also cognizant of the fact that the OTT sector has exploded in the past few years, so has hackers' interest in it. Especially post COVID-19 outbreak, data hacks have been on a steady rise. It is a shallow attempt to gain vested interests," Vohra explained.

According to the report, the hacker who appeared to be from a Korean hacking group is now planning to dump the data in the public domain for open sale.

Vohra said that all the sensitive information that can cause harm is solely rested with the top payment gateways that ZEE5 integrates and is fully secured.

"ZEE5's backend is built with state of the art technology which is robust and strong, and we will continue to invest aggressively in technology, partnering with some of the leaders in security measures including Akamai, AWS (Amazon Web Services) to safeguard users' data and to ensure it is never compromised," he added.

ZEE5 has over 150 million subscribers worldwide. (Source: ETtelecom)

AGR dues: Bharti Airtel pays ₹3,004 crore as final settlement

Pre-Bookings open for Samsung Galaxy S20, S20+, and S20 UltraThe company has also deposited ₹5,000 crore as an ad-hoc payment. Bharti Airtel on Saturday said that it has paid ₹8,004 crore to the Department of Telecommunications (DoT) towards the adjusted gross revenue (AGR) dues. However, the company said that it owes only ₹3,004 crore towards the AGR dues, as per its assessment, and the rest ₹5,000 crore are additional ad-hoc payment.

According to the DoT, Airtel has AGR dues of around ₹35,000 crore including penalty and interests, out of which it has paid ₹10,000 crore on February 17.

"The company has paid an additional amount of ₹3,004 crore towards the full and final amounts due over and above the ad-hoc amount of ₹10,000 crore paid on February 17 on behalf of the Bharti Group of Companies (Bharti Airtel, Bahrti Hexacom and Telenor India)," Airtel said in a stock filing.

"In addition to the aforesaid amounts paid basis our self-assessment, we have also deposited an additional amount of ₹5,000 crore, as an ad-hoc payment (subject to subsequent refund/ adjustment) to cover differences, if any, arising from the reconciliation exercise with the DoT," the company added. The company said it has now complied with AGR Judgment and the directions in the order of the Supreme Court dated October 24, 2019.

Apart from Airtel, Tata Teleservices (TTL) also says that the amount it has paid to DoT (₹2,197 crore) is full and final as per its self-assessment. However, as per DoT's calculations, the company's dues are pegged at ₹14,819 crore.

Similarly, Vodafone-Idea has a total due of around ₹53,000 crore, from which it has paid only ₹3,500 crore to the DoT and has been threatening to shut shop if the government does not give some relief package at the earliest.

No Government Support

However, according to government sources, no immediate relief package is expected anytime soon and no decision was also taken in the latest meeting of the Digital Communications Commission (DCC) meeting on Friday. In fact, the DCC did not discuss about AGR in the meeting, as per sources in the know and had focussed around other projects.

Recently, industry body Cellular Operators’ Association of India (COAI), also wrote to the Telecom Secretary Anshu Prakash that the operators require “urgent support from the government to address the current health of the telecom sector”.

It suggested some relaxation of AGR dues and requested the DoT to allow set-off of GST credits lying with the government. Further, after the GST set-off, the payment of balance amount of interest, penalty and interest on penalty may be allowed in a staggered manner, it said.

Meanwhile, the latest move by Airtel may pressurise Vodafone-Idea to immediately plan something towards its dues as the government is also unlikely to provide any remedy at the earliest.

The DoT is also on the verge of sending another notice to TTSL on its dues, questioning on its self-assessment as the amount it has paid till now (₹2,197 crore) is not tallying with the DoT's calculations. (Source: The Hindu Businessline)

Airtel, Vodafone Idea, Tata Tele likely to pay AGR dues on Monday: DoT source

Airtel, Vodafone Idea, Tata Tele likely to pay AGR dues on Monday: DoT source Telecom operators Bharti Airtel, Vodafone Idea and Tata Teleservices are likely to make payment for adjusted gross revenue (AGR) dues on Monday to avoid stringent punitive action from the Telecom Department, according to an official source.

The three companies are jointly liable to pay dues of over Rs 1 lakh crore, but they have informed the Department of Telecom (DoT) of making only partial payment, as per their representatives.
“Airtel, Vodafone Idea and Tata Teleservices have said that they will make payments on Monday. DoT will take action after evaluating the amount paid by them,” an official source told PTI. Earlier on Friday, Bharti Airtel offered the DoT to pay Rs 10,000 crore by February 20, but a DoT official said that the department can’t grant any extension.

Vodafone Idea on Saturday said that it is assessing the amount that can be paid towards AGR dues, even as it flagged concerns over the continuation of its business.

Telecom operators are collectively liable to pay Rs 1.47 lakh crore in AGR dues as per the Supreme Court order dated October 24, 2019. The deadline to pay the amount ended on January 23, but none of the telecom operators, except Reliance Jio, paid the amount. Even state-owned BSNL and MTNL did not pay the dues.

As per the last available estimates, Airtel owes nearly Rs 35,586 crore, including licence fee and spectrum usage charges, to the government. Vodafone Idea is staring at dues worth Rs 53,000 crore, which includes up to Rs 24,729 crore of spectrum dues and another Rs 28,309 crore in licence fee. Tata Teleservices owes around Rs 13,800 crore, BSNL Rs 4,989 crore and MTNL Rs 3,122 crore.

Out of Rs 1.47 lakh crore, around Rs 1.13 lakh crore is likely to be recovered, as other companies, which are liable to pay AGR dues, have folded up their businesses. Reliance Communications and Aircel are going through insolvency proceedings.
The apex court on Friday came down heavily on the Telecom Department for not taking steps to recover statutory dues, estimated to be around Rs 1.47 lakh crore from operators. The DoT issued fifth and final notice to telecom operators on February 14 for making payment on the same day, but none of the companies paid the dues.

When asked about telecom operators having sought time to assess the amount they have to pay, the DoT official said that the court gave them three months to do so and even after missing January 23 deadline telecom operators had sufficient time to calculate their dues.

“Before the due date, DoT has sent telecom operators 4 notices and reminders to pay to avoid punitive action under license condition. After court order on modification plea, telecom players are not left with any excuse to delay the payment and the DoT can take action against them without serving any further notice,” the source said.

The apex court pulled up telecom operators and the government on non-payment of AGR dues despite its order. It has asked managing directors and directors of the company to be present in person before court on the next hearing, scheduled for March 17, in case there is violation of its order in the AGR case.

Public sector companies, that do not sell telecom services, owe DoT around Rs 2.65 lakh crore, with GAIL India alone owing around 65 per cent of the total amount. However, these PSUs have the option to approach court for a legal recourse. (Source: The Hindu Businessline)


‘PIL Against DoT Call Not to Penalise Telcos is Mala Fide’

Crying Foul After consumer group accuses Voda Idea and Airtel of wilfully disobeying SC orders, with COAI playing a part, COAI says petition is only looking to create problems

The telecom industry association has decried as “motivated” and with “mala fide interest” a petition filed in the Supreme Court challenging the telecom department’s decision not to take action against Vodafone Idea and Bharti Airtel, after they missed the deadline to pay statutory dues to the government.

“This appears to be motivated from sources that have no interest in looking to solve a problem whose solution would benefit the industry, citizens and the country,” Cellular Operators Association of India (COAI) director-general Rajan Mathews told ET.

The COAI represents all three surviving private telcos — Airtel, Vodafone Idea and Reliance Jio Infocomm.

Airtel and Vodafone Idea have missed the January 23 deadline to pay dues to the government based on an expanded definition of adjusted gross revenue (AGR), as ordered by the top court. Vodafone Idea, Airtel and Tata Teleservices are to pay about ₹53,000 crore, ₹35,000 crore and ₹14,000 crore, respectively. Jio is the only telco to meet the deadline, paying dues of ₹195 crore last Thursday.

The Department of Telecommunications (DoT) has, meanwhile, decided not to take “coercive” action against the telcos, as their petition in the top court seeking relaxation in payment period is expected to come up for hearing this week.

The Save Consumer Rights Foundation on Saturday filed a public interest litigation (PIL) in the Supreme Court, seeking to strike down this decision of the DoT.

It alleged that the telcos had wilfully disobeyed the court's orders and the COAI had a part to play as well. It added that Airtel and Vodafone Idea, and the DoT were in contempt of the SC’s October 24 order, which had set a three-month deadline for paying up the dues.

The COAI has termed the judgement as the last straw in the coffin of operators and the statement “clearly establishes the blackmailing tactics of these operators” for avoiding payment of their legitimate dues to the government, said the petition, seen by ET.

The foundation said it had asked the apex court to quash the directions of the DoT, recover money from the telcos and initiate proceedings against those that had not paid their dues.

The consumer body said the DoT could have encashed bank guarantees of the telcos in its possession, and subsequently could have cancelled their licences, as per rules. It added that the DoT’s action would “cause huge loss to the public exchequer, which would directly affect the economic rights of the public at large”.

COAI’s Mathews rejected allegations. “The fact that it (the petition) does not have any reference to the other companies — besides operators — that are also included in this matter, appears to show mala fide interest to create problems, rather than solving it," said Mathews.

He was referring to the fact that even non-telecom companies, such as staterun GAIL, Power Grid Corporation of India and Oil India, have been served demand notices by DoT for AGR dues. The PIL has not named these companies.

According to analysts, if lossmaking Vodafone Idea was to be forced to pay up the entire dues at one go, it would be forced to shut down. In such a scenario, Jio and Airtel will benefit most from a private sector duopoly in the market.

The Supreme Court on October 24 widened the definition of AGR to include noncore items and asked telcos to pay their dues by January 23. This meant 15 telcos had to pay additional licence fees, spectrum usage charges (SUC), interest and penalty dues of more than ₹1.47 lakh crore by January 23. Licence fees and SUC are calculated on the basis of AGR. Of the 15, Vodafone Idea, Airtel and Jio are the only surviving private telcos in India. Vodafone Idea and Bharti Airtel had filed review petitions which were dismissed by the top court. Then, they filed for modification of the deadline and that petition is scheduled for hearing this week.

DoT, in the interim, directed its circle offices not to take any coercive action against the telcos who had missed the payment deadline. (Source: Economic Times)

DoT examining if Jan 23 legal deadline for AGR payment applies to non-telecom PSUs

The telecom department is examining the legal applicability of January 23 deadline for payment of over Rs 2.4 lakh crore statutory dues in the case of non-telecom PSUs which were not originally party to AGR matter in the Supreme Court, according to sources.

Sources in the Department of Telecom (DoT) told PTI that while the PSUs too have been asked to make payments related to statutory liabilities (after the SC in October upheld government’s position on calculation of non-core revenue for AGR dues), the larger question is whether the January 23 deadline is legally enforceable on state-owned companies that were not direct party to the dispute.

The current view that is emerging in the DoT appears to be that the court-imposed timeline may not apply to PSUs, but the matter is being legally examined for clarity.

“Of course, the court has decided the issue of principle of what is AGR, so they (PSUs) have to pay but if they do not pay by January 23 it will not be contempt as it will be in case of the parties to the case. So PSUs have to pay and we have raised demands, but if they do not pay by January 23 it will not amount to contempt of court on their part because they were not party to the case, but they have to pay,” a source added.

Another official also said that the issue of deadline for PSUs is being examined legally. Telecom companies Bharti Airtel and Vodafone Idea, on the other hand, are legally bound to comply with the payment timelines stipulated by the apex court.

Following the Supreme Court order of October last year, the DoT estimated that the total liability of 15 telecom companies, including penalties and interest, would be Rs 1.47 lakh crore.

These AGR liabilities arose after the Supreme Court in October last year upheld the government’s position on including revenue from non-telecommunication businesses for calculating the annual AGR of telecom companies, a share of which is paid as licence and spectrum fees to the exchequer.

It has estimated another over Rs 2.4 lakh crore in liability for non-telecom companies, including state-owned gas utility GAIL India Ltd and power transmission firm PowerGrid, which had taken licences to trade broadband on optic fibre running along their pipelines and transmission lines.

The DoT has sought Rs 1.72 lakh crore in past statutory dues from state-owned gas utility GAIL India Ltd following the Supreme Court’s AGR ruling. The DoT sent a letter to GAIL last month seeking these dues on IP-1 and IP-2 licences as well as Internet Service Provider (ISP) licence, in response to which, GAIL has told DoT that it owes nothing more than what it has already paid to the government.

The assessment puts PowerGrid liability at Rs 21,000 crore, and another Rs 40,000 crore liability was assessed of Oil India Ltd. However, a demand notice was served in case of Gujarat Narmada Valley Fertilizers & Chemicals Ltd for Rs 15,019 crore. (Source: The Hindu BusinessLine)

Twitter Warns Users Against Breach of Data

Twitter said it has fixed a vulnerability within its app for Android that could have allowed a bad actor to see non-public account information or control its users account such as sending Tweets or Direct Messages.

Twitter, in a blogpost on Saturday night, said prior to the fix, through a complicated process involving the insertion of malicious code into restricted storage areas of the Twitter app, it may have been possible for a bad actor to access information including Direct Messages, protected Tweets, location information from the app.

“We don’t have evidence that malicious code was inserted into the app or that this vulnerability was exploited, but we can’t be completely sure so we are taking extra caution,” it said. Twitter said the company has taken steps to fix this issue and are directly notifying people who could have been exposed to this vulnerability either through the Twitter app or by email with specific instructions to keep them safe.

The company declined to comment on whether Indian users were affected by the vulnerability.

Nine out of ten users in India use a smartphone that runs on Google's Android platform.

“We are not able to comment on the locations of those affected,” it said.

It asked users to update to the latest version of Twitter for Android. It added that the issue did not impact Twitter for iOS.

“We’re sorry this happened and will keep working to keep your information secure on Twitter. You can reach out to our Office of Data Protection through this form to request information regarding your account security,” it said. (Source: Economic Times)


Bharti Infratel-Indus Merger may not Get Govt Nod in Time

DECEMBER 24 DEADLINE Officials blame dispute with Vodafone Group over withholding tax. The government is unlikely to clear the proposed merger of Bharti Infratel with Indus Towers by the December 24 deadline, which may force the three major signatories — Bharti Airtel, Vodafone Group Plc and Vodafone Idea — to call off the deal and explore other options to monetise their stakes.

“The proposal is stuck in the DoR (Department of Revenue),” said a senior executive with direct knowledge of the matter. “We don’t expect the approvals to come in by the 24th (of December).”

A government official cited the withholding tax case against Vodafone Group as being the stumbling block.

“There are concerns over the withholding tax raised by India on Vodafone Group, which is yet to be resolved,” said the official. The merger aims to create one of the world’s largest telecom tower companies with more than 163,000 towers.

Vodafone and the Indian government are locked in an international arbitration over a longstanding ₹22,000-crore tax dispute related to the UK company’s entry into India by buying out Hutchison Whampoa’s majority stake in a telecom venture in 2007 in an $11-billion deal.

Currently, Indus Towers is a three-way joint venture between Bharti Infratel, UK-based Vodafone Group and Vodafone Idea, with the first two holding 42% each. Vodafone Idea has 11.15% and the remaining 4.85% is with private equity firm Providence. Bharti Airtel owns a majority stake (53.51%) in Bharti Infratel.

‘Spectrum Sale may Fetch Only ₹40kcr’

The Centre is expected to sell well below 10% of spectrum — worth ₹5.22 lakh crore at base price — in the March-April auction, netting just about ₹40,000 crore, say analysts. The steep price of 5G spectrum and 700 MHz airwaves may lead to tepid bidding. Kalyan Parbat reports. ››11 Deal Signed in Apr 2018

All three parties are now looking at revisiting their original plan of a transaction that includes the sale of Bharti Airtel’s controlling stake in Bharti Infratel and Vodafone Group divesting its entire 42% stake in Indus Towers along with Vodafone Idea’s 11.15% stake, said people familiar with the discussions.

A similar transaction was in the making in 2017 when the Bharti Group and Vodafone Group were in advanced discussions with a consortium of investors led by private equity firm KKR. However, the transaction fell through due to lastminute differences over price.

Bharti Airtel declined to comment. Vodafone Group and Vodafone Idea didn’t respond to queries.

The Bharti Infratel and Indus Towers merger deal was signed on April 23 last year and was to have been completed by October 24 this year. This was extended to December 24 after the companies didn’t get government clearance by the initial deadline.

The delay in closure has already hit the quantum of funds that Vodafone Idea would have generated by exiting the merged company if the deal had been completed in time.

Bharti Infratel’s shares declined to ₹253.50 at the Friday close from ₹328 on April 23 last year, and its net debt and liabilities have increased. According to a formula to calculate the cash consideration payable to any partner seeking to exit, Vodafone Idea now stands to get roughly ₹4,500 crore, compared with ₹6,500 crore, as per the April 2018 announcement.

URGENT NEED The Vodafone Group-Aditya Birla Group joint venture needs to urgently raise funds to pay more than ₹53,000 crore in adjusted gross revenue (AGR)-related dues to the government after an apex court order, the deadline for which is just over a month away. It also needs funds to expand its network and compete against Bharti Airtel and Reliance Jio Infocomm.

Besides the tower stake, Vodafone Idea is also hoping to sell its optic fibre and data centre assets.

Bharti Airtel, which has to pay more than ₹35,500 crore in AGR dues, has already announced plans to initially raise $3 billion through equity and bond sales. Sources say it’s aiming to raise funds by the first or second week of January with global roadshows having started.

Both Vodafone Idea and Airtel have filed limited review pleas in the Supreme Court, in the hope of softening the AGR blow. The court is yet to consider the pleas. “The priority is to deal with the AGR ruling… the stake sale in towers can happen later,” said a person familiar with the Bharti Group’s thinking.

If Bharti and Vodafone Group agree to the revised deal structure — which means both exit simultaneously to the same set of buyers — it will help the acquirer undertake a leveraged buyout by pledging Indus Towers’ entire ownership. “This will make the deal more attractive for the acquirer as the net cash outgo will be much lower,” said a senior banker with knowledge of the matter.

Vodafone Group was hoping to free up its pledged stake in Vodafone Idea by selling shares in the Indus Towers and Bharti Infratel merged entity. (Source: Economic Times)

Google cites UPI learnings to US Federal Reserve for proposed RTGS system

Proposed FedNow likely to be introduced by 2023-2024. India’s Unified Payments Interface (UPI) has been getting global attention for quite some time. Now Google LLC has cited its example to the United States Federal Reserve for its proposed FedNow -- a new interbank gross settlement service.

“Google's integration of Google Pay with UPI, in collaboration with four of India's largest banks, demonstrates Google's commitment to innovation through collaboration with government and financial services partners,” Google LLC has said in a letter to the Fed’s Board of Governors on Novemebr 7.

In the letter seen by BusinessLine, Mark Isakowitz Vice President, Government Affairs and Public Policy, US and Canada, Google has said that UPI was thoughtfully planned and critical aspects of its designs led to its success.

He pointed out that UPI is an interbank transfer system, it is a real time system and is "open" - meaning technology companies can build applications that help users directly manage transfers into and out of their accounts held at banks.

“The approach in India attained amazing results for banks, consumers, other players within the payments ecosystem and India's central bank,” the letter said, adding that the approach in India attained amazing results for banks, consumers, other players within the payments ecosystem and India's central bank.

“This system successfully encouraged close collaboration between technology and financial services providers, and created winning opportunities across the ecosystem,” Google in the letter further said.

The US Federal Reserve had in August this year announced that it is working on FedNow RTGS, which would offer round the clock real time payment services 365 days a year. It is expected to be operational by 2023 or 2024 and would allow transactions up to $25,000.

“Google views digital commerce, and the emergence of new forms of payment systems, as essential to promoting an inclusive and more helpful payment system,” the letter from Google said, adding that the company fully supports the Federal Reserve's decision to deploy the FedNow RTGS, which can improve the accessibility and usefulness of payment systems for all Americans.

Based on its learnings from UPI, Google has suggested that industry and government should work together to grow ecosystems where payments are inclusive. It has also said it sees the future of online payments as mobile first, and also make digital payments simple and helpful. It has also recommended other measures to the US Fed including supporting real-time low-value and high-value payments, using standardised messaging protocols, low fees and open systems.

UPI, which was launched in April 2014, allows immediate money transfer through mobile device round the clock 24x7 and 365 days. By November this year, 143 banks were live on the UPI platform and the number of transactions had surged to ₹121.87 crore.

Infy-Bansal Row Closure Good for Co

Many experts feel the lingering issue is a distraction for the management of company. Infosys’ move to settle alleged offences relating to the severance pay to former chief financial officer Rajiv Bansal will allow the company to remove a distraction and focus more on business, said analysts tracking the company.

On Friday, Infosys said the company and some of its current and past executives had applied to the Registrar of Companies (RoC), seeking to settle the charges through compounding — a provision under the Companies Act that allows businesses to quickly close certain cases by paying a fine.

“It is good to close the matter. Otherwise, this is a distraction for the management,” said Siddharth Pai, who was involved in more than $20 billion of outsourcing contracts as part of an advisory firm.

The charges it wants to settle include the failure to seek prior and separate approvals from the nomination and remuneration committee, audit committee and the board of the company for the severance package, and also not making the requisite disclosures, the filing said. Infosys founder NR Narayana Murthy had raised a red flag in February 2017 over the company’s alleged failure to meet disclosure guidelines. He said the details of the severance package to Bansal had also not immediately been placed before the board.

This and issues concerning the acquisition of Israeli firm Panaya led to a public spat, forcing the then chairman R Seshasayee, chief executive Vishal Sikka and two board members to quit. In February, Infosys paid ₹34 lakh to Sebi to settle the market regulator’s charge that the company had not received approval from its board committees before committing to pay the former executive. Infosys said on Friday it applied for compounding “to put this legacy matter to rest”. (Source: Economic Times)

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