MIRA INFORM REPORT

 

 

Report Date :

31ST May, 2006

 

IDENTIFICATION DETAILS

 

Name :

BMR & ASSOCIATES

 

 

Registered Office :

3F, Contractor Building, 41 R Kamani Marg, Ballard Estate, Mumbai – 400001

 

 

Country :

India

 

 

Date of Incorporation :

7/8 Years in India

 

 

TAN No.:

[Tax Deduction & Collection Account No.]

MUMB14283D

 

 

Line of Business :

Company is in engaged in Services in the Areas of Tax and regulatory Inputs Such as Corporate tax consulting and reporting, International tax,  Mergers, Acquisitions and Corporate Reorganizations , Transfer Pricing , Local and Indirect Taxes

 

Maximum Credit Limit :

 

 

 

Status :

Undetermined

 

 

Payment Behaviour :

Unknown

 

 

Litigation :

Unknown

 

 

Comments :

Subject is a leading financial consultants, tax and audit firm. They will not provide require details for credit information.

 

We discussed with Ms. Vijaya Sampath and subsequently to Mr. Seiji Ota, one of the director who is looking after overseas clients in Japan. He declined any details unless the inquirer name is know to him.

 

The concern appears to be active in its profession.

 

It can be considered normal for business dealings at usual trade terms and conditions.

 

LOCATIONS

 

Registered Office :

3F, Contractor Building, 41 R Kamani Marg, Ballard Estate, Mumbai – 400001

Tel. No.:

91 22 3021 7000

Fax No.:

91 22 3021 7070

Website :

http://www.bmrtax.com

Location :

Leased

 

 

Branches :

Great Eastern Centre,
1st Floor
70, Nehru Place
New Delhi 110 019
Tel: +91 11 3081 5000
Fax: +91 11 3081 5001

 

202, "Sobha Alexander Plaza",
16/1, Commissariat Road,
Bangalore 560 001.
Tel: +91 80 3052 0000
Fax: +91 80 3052 1221

 

KEY EXECUTIVES

 

Management

Mr. Boby Parikh

Financial Markets

E-mail bobby.parikh@bmrtax.com

 

Mr. Mukesh Butani

International & Transfer Pricing

E-mail mukesh.butani@bmrtax.com

 

Mr. Rajeev Dimri

Indirect Tax

E-mail rajeev.dimri@bmrtax.com

 

Mr. Gokul Chaudhri

Energy and Infrastructure
E-mail:gokul.chaudhri@bmrtax.com

 

Mr. Abhishek Goenka

Technology
E-mail:abhishek.goenka@bmrtax.com

 

Mr. Frank D’Souza

Communication, Entertainment and Media
E-mail:frank.dsouza@bmrtax.com

 

Mr. Ajay Mehra

Competency: Indirect Tax
E-mail:ajay.mehra@bmrtax.com

 

Mr. Rohit Berry

Merger and Acquisition
E-mail:rohit.berry@bmrtax.com

 

Mr. Sujit Ghosh

Indirect Tax
E-mail:sujit.ghosh@bmrtax.com

 

Ms. Divya Baweja

divya.baweja@bmrtax.com

 

BUSINESS DETAILS

 

Line of Business :

Company is in engaged in Services in the Areas of Tax and regulatory Inputs Such as Corporate tax consulting and reporting, International tax,  Mergers, Acquisitions and Corporate Reorganizations , Transfer Pricing , Local and Indirect Taxes

 

GENERAL INFORMATION

 

Customers :

Engineering Procurement and Construction

 

 

Bankers :

Not Available

 

 

Facilities :

--

 

 

 

Banking Relations :

Unknown

 

 

Associates/Subsidiaries :

Nil

 

FINANCIAL DATA

[all figures are in Rupees Millions]

 

Not Known

 

LOCAL AGENCY FURTHER INFORMATION

 

As per Website Details

 

About Us:

 

The Firm

 

 

BMR is a premier professional services firm focused on providing high quality services to their clients in the tax and regulatory area, and adding value by blending practical business advice with tax and regulatory inputs.

We expect to realize this vision by placing their clients’ needs front and centre at all times, by hiring the best professionals, investing continuously in their personal and professional development, and by adhering rigorously to a set of values that are core to everything we do.

We believe that what clients truly value is sound technical advice, delivered in the context of their business or commercial situation – advice that is not only technically sound, but which is also practical, effective and implementable. This requires going beyond the specific tax or regulatory issue to understanding the underlying business transaction and the business imperatives, and then applying an understanding of the tax and regulatory framework to fashion a solution that works. We equally believe that we will gain and retain their clients’ confidence only when we are able to provide such advice consistently, from engagement to engagement, from one year to the next. We are passionately committed to doing so.

 

 

Our core values

Integrity – We are committed to integrity in their efforts, in their commitments to clients and their people, and in their conduct.

Passion for excellence – We are committed to working with the best clients, hiring the best people, providing the best environment, encouraging innovation and creativity, and delivering consistent, high quality, added value service.

Stewardship – We are committed to an organizational philosophy where we believe that the role of all their partners and their people is to build the firm while we are a part of it, and to leave behind an organization that is stronger and better than when we entered it.

Personal growth – We are committed to providing an environment that continually fosters personal and professional growth of all their people. We will achieve this by providing a best in class work environment, through ongoing investment in technical and professional development, by providing challenging professional opportunities for their people and by consistently living their values.

Respect – We are committed to a philosophy of mutual respect, in their dealings with clients, with their people and all their stakeholders.

Way we work

 

 

 

Effective tax strategy is integral to business strategy

In today’s environment, the tax function must contribute to financial performance of a company like any other part functions. This is vital at a time when opportunities as well as threats are coming from so many different directions.

Markets are opening up around the world. Global, multilateral and bilateral trade pacts continually influence market and supply chain structures. Delivery channels are multiplying, with many removing barriers to entry. Companies are increasingly pursuing marketspace through mergers, acquisitions and alliances.

As ownership and operations cross borders, the complexity of tax grows exponentially. Managing this complexity goes well beyond tax compliance planning.

The benefits of using tax to the competitive advantage are too important to underestimate. The company’s ability to captialise on the lowest effective tax rates, whether domestically, or across multiple jurisdictions can directly impact the market valuation. How tax is treated in a transaction can be critical in determining the success of a new venture.

Tax, in other words, can no longer be treated as an afterthought; it has to be an integral part of the forward planning for the entire organization. The ability to minimize tax and maximize value depends on the ability to implement a forward-looking tax strategy. Moreover, to be successful, the speed at which you can put ideas into action is critical.

You need an advisor who can not only work with you in formulating effective tax strategies, but also has the experience to help you implement effectively and swiftly. With deep experience in all areas of taxation, BMR can partner with you in creating value for the organization. We do this:

By understanding your business

We take time to analyze the business objectives, operations and markets, so that we are properly focused on the tax strategy.

By focusing on new business models

Whether you are looking at creating an eBusiness venture or outsourcing, whether you are looking to merge, acquire or franchise domestically or across jurisdictions, we are ready to advise you on the tax implications.

By seeing the whole picture

Their solutions look beyond the effect on a single tax. Rather, we take into account the resulting impact across an array of taxes.

By putting ideas to work

We continually strive to look beyond the obvious and challenge conventional thought to craft innovative tax solutions. At the same time, we firmly believe that every idea is only as good as its effective implementation. We are focused on putting ideas to work for you.

From concept to execution, we can help you enhance the impact of the tax strategy.

BMR offers a comprehensive array of tax advisory services for businesses and organizations of all sizes, at the local, national and international levels:

 

Services

 

Corporate Tax

 

 

BMR provides a variety of tax and business support services to organizations. Their services range from providing on-call assistance, providing point solutions for complex transactions or business arrangements, due diligence support in mergers, acquisitions and business reorganizations, to comprehensive assistance in addressing all the corporate tax advisory and reporting needs on an ongoing basis.

 

 

 Transfer pricing

 

 

 

For a global transfer pricing strategy to be effective, it should address all elements of an organization’s value chain, encompassing not only the arm’s length pricing of tangible goods and services, but also transfers of intangible assets and group financing arrangements. With their team of tax specialists, economists and financial analysts, we provide assistance in the entire spectrum of transfer pricing issues including planning, advice on and assistance with documentation requirements to support the planning and positions adopted, and in controversy management including representation at Revenue audits, litigation support and assistance with Competent Authority negotiations.

 

Mergers & Acquisitions

 

 

 

BMR specialists have extensive experience in working on complex mergers, acquisitions and other corporate reorganizations, both domestic as well as cross border. We have an appreciation for the dynamics of such transactions, and the ability to blend tax and regulatory knowledge encompassing corporate taxes, indirect taxes, corporate laws, with practical business and commercial insights to identify transaction structures that are effective, to pin point exposures and negotiate appropriate warranties and indemnities and to partner with the team through the entire transaction process from structuring to negotiation through to documentation coordination and implementation.

 

International Tax

 

 

 

Their international tax services address the needs of transnational corporations and companies with international transactions. We work with companies to optimise the efficiency of cross border investment and transaction structures, including advising on international holding structures, planning around the housing of group intellectual property assets, structuring hybrid entities and financing instruments, utilizing tax treaty networks to mitigate tax withholding impacts and enhance cash flows, structuring cross border business models such as contract manufacturing, commissionaire arrangements, service provider entities, and planning strategies to implement tax effective repatriation and exit arrangements. Also, with the increasing acceptance of using dispute resolution constructs provided within tax treaties, we have expertise in working with Competent Authorities for the effective resolution of international tax disputes.

 

Indirect Tax

 

 

 

BMR’s indirect tax team provides comprehensive advice and assistance across a range of local and indirect taxes including customs duty, excise duty, sales tax, value-added tax, service tax, R&D cess, octroi and entry taxes. We have an appreciation for the interplay of taxes on commercial operations, and are able to apply this understanding to craft effective strategies around procurement, manufacturing and distribution arrangements. Their team stays abreast of developments in the export – import policy regime, the evolution of bilateral and multilateral trading arrangements and the special incentives offered by states and locations around the country in relation to various business activities. This places us in a position to advice you proactively, anticipate regulatory challenges and plan mitigating strategies, to help implement effectively, and to provide litigation support in the event of a challenge. We routinely assist with classification issues, valuation matters, contract negotiations and structuring, impact assessments and transition planning during tax law changes and due diligence support in mergers, acquisitions and corporate reorganizations.

 

Specialised Groups

 

Energy & Infrastructure

 

Energy Overview

The Indian hydrocarbon industry stands fifth in the world in terms of energy consumption. The world energy demand is around 80 million barrels of oil per day of which, India guzzles approximately 5 percent of the world energy. India’s per capita consumption of energy is 479 kgoe and if the burgeoning economy is any indication, this is expected to grow exponentially.

Upstream

The estimated resources of the country stood at 32 billion tonnes (O +OEG) as on April, 2004 . India, not being self sufficient imports over 70 percent of crude petroleum. The countries domestic oil production for 2004-05 was 33.98 million metric tonnes a third of which was produced from onshore and the rest of it from offshore fields.

The natural gas production for the year 2004-05 was 31.7 billion cubic meters of 28 percent was produced from the onshore fields and the rest was produced from the offshore fields.

The increasing dependence on imported crude causes a huge foreign exchange outflow, which as led to a focused attention on energy security. With increasing exploration efforts through New Exploration Licensing Policy(NELP) , the Government has signed 90 Production Sharing Contracts (PSCs) and currently offered 20 blocks under fifth round of NELP. Till date, 19 discoveries have been made in the PSCs signed and the rest are yet being explored. One of the landmark discoveries has been the Krishna-Godavari deepwater discovery by Reliance, which changed the energy map of the country.

Refining

As of March 2005, there are 18 refineries in the country (one in the private sector). The downstream refining throughput capacity of the country stood at 127.4 million metric tonnes. The refinery throughput for the year 2004-05 stood at 127.1 million metric tonnes. The public sector refineries production for the same period stood at 92.8 million metric tonnes with capacity utilization 98.3 percent, while the private refineries production for the same period stood ate 34.3 million metric tonnes, 104 percent capacity utilization.

With the increasing demand for oil products existing refineries are expanding their capacities rapidly. New refineries are slated to come up in the near future. According to the Hydrocarbon Vision – 2025 , the demand for oil products is estimated at 148 million tonnes for 2006-07 , 195 million tonnes for 2011-12 and 368 million tonnes for 2024-25

With the increasing environmental concerns, Indian refineries recently upgraded themselves to meet the Euro III norms.

With increasing demand for oil products, existing refineries are expanding their capacities rapidly. New refineries are slated to come up in the near future with MoP&NG contemplating to ramp up the country’s refining capacity with emphasis on exports so as to compete with refineries in Singapore and west Asian countries. This additional refining capacity for exports will help India offset its huge crude oil import bill.

Liquefied Natural Gas (LNG)

With the widening demand-supply gap and the technical and economic inefficiency of natural gas pipelines to transmit gas, it pilot India into the international LNG business.

Petronet LNG, a consortium, is the first company that set up the LNG receiving terminal at Dahej in Gujarat. It was designed to handle 5MMTPA (20mmscmd) of LNG and is doubling its capacity to 10MMTPA (40mmscmd) . To this date, there are 2 LNG terminals operational in India and 4 LNG receiving terminals have been proposed to be set up in the country.

Downstream Retailing

The downstream retailing business till recently was dominated by the public sector oil companies. With the deregulation of the sector, and anticipated surge in demand of petroleum products, the country is witnessing the advent of private domestic and multinational players in this segment.

The retail outlet network of PSUs across the country stood at 26,606 as on March 2005. Private participation has also been on an aggressive footing. Reliance has acquired the license to set up 5,849 retail outlets. Till date it has set up over 400 retail outlets having an average throughput of 28,000 litres per outlet for petrol and 3, 52000 litres for diesel. The industry average per outlet for petrol and diesel is 37,000 and 1, 23,000 litres respectively.

Other private companies, who have set up retail outlets, are Essar and Shell.

Private participation in this segment is changing the way fuel was ever sold giving a new face to in line with the international standards.

 

Infrastructure Overview

 

Infrastructure is the backbone of every economy. Quality infrastructure covering services of transportation, electricity, and communications among others are the most important necessities for unleashing high and sustained growth of the country.

India in its second generation reforms has laid a greater thrust on infrastructure through the federal Governments commitments made in the National Common Minimum Program.

In 2004-05, the infrastructure sector experienced mixed outcomes. The growth rate in many key sectors accelerated. Strong growth rates were witnessed in electricity, telecom, railway, ports, civil aviation, etc.

Electricity

Currently, the country’s power generation capacity is 1, 16,646 mega watts of which thermal accounts for 69 percent, hydro and wind account for 28 percent and nuclear accounts for 2.5 percent. Besides this India has an unutilized hydro generation capacity of 1, 50, 000 mega watts. Capacity addition has grown at a compounded annual growth rate of 4.16 percent annually from 1992 to 2004.

The total generation of electricity for the year ended 2003-04 was 668.8 billion kWh. For 2004-05 (April- Dec), the total electricity generated was 437.9 billion kWh while it was 411 billion kWh for the corresponding period last year. The plants operated on an all India average PLF of 73.9 percent.

The growth rate in economy, calls for a matching rate of growth in infrastructure facilities. The growth rate for demand for power is generally higher than the GDP and, to support the growth rate of 7 percent, the growth rate of power supply needs to be over 10 percent annually. To meet the ever-increasing demand, the Ministry of Power has set a goal- Mission 2012: Power for all Recognizing the significance of this industry as the key driver for rapid economic growth the poverty alleviation, the Government has framed a National Electricity Policy comprising plans, aims and objectives for generation, distribution and transmission of electricity in compliance with Electricity Act, 2003.

Ports

Ports form a crucial part of the transport infrastructure of the country. Economic development has laid the emphasis on the development of coasts.

India has around 6,000 km of natural peninsular coastline with 12 major ports (Central Government plays policy and regulatory functions) and 185 minor ports (guided by State Governments).

The traffic handled at major ports in India during the period 2004-05 (April-Dec) was 278 million tonnes. It was 248 million tonnes during the corresponding period last year. The growth rate registered in the cargo handled by major ports was 10.9

percent during 2004-05 (April-Dec) compared to 9.9 percent for the corresponding period last year.

While the container traffic has witnessed growth in India, it lags behind it the international league.

In order to strengthen this sector, investments continue to take place on a substantial scale which will spur the capacities in the coming years.

Roads

The importance of road network in the country is reinstated with the fact that their roads carry 85 percent of the passenger traffic and 70 percent of the freight traffic of the country. Highways, which make only 2 percent of the road network by length, carry 40 percent of this traffic.

For many years, India lagged behind many countries of the world which build express highways. In recent years concerted effort has been undertaken under the National Highway Development Project (NHDP) to build a connectivity of 14,279 km of highways at a total estimated cost of 65, 000 crores.

The NHDP consists of:

 

Further, the Government plans to build a strong connectivity in the hinterland - Rural connectivity, through the committed programme of e Pradhan Mantri Gram Sadak Yojana.

Also the Government proposes top take rehabilitation and up gradation of 10,000 km of national highway under the NHDP Phase-III.

 

 


CMT REPORT [Corruption, Money laundering & Terrorism]

 

The Public Notice information has been collected from various sources including but not limited to: The Courts, India Prisons Service, Interpol, etc.

 

1]         INFORMATION ON DESIGNATED PARTY

No exist designating subject or any of its beneficial owners, controlling shareholders or senior officers as terrorist or terrorist organization or whom notice had been received that all financial transactions involving their assets have been blocked or convicted, found guilty or against whom a judgement or order had been entered in a proceedings for violating money-laundering, anti-corruption or bribery or international economic or anti-terrorism sanction laws or whose assets were seized, blocked, frozen or ordered forfeited for violation of money laundering or international anti-terrorism laws.

 

2]         Court Declaration :

No records exist to suggest that subject is or was the subject of any formal or informal allegations, prosecutions or other official proceeding for making any prohibited payments or other improper payments to government officials for engaging in prohibited transactions or with designated parties.

 

3]         Asset Declaration :

No records exist to suggest that the property or assets of the subject are derived from criminal conduct or a prohibited transaction.

 

4]         Record on Financial Crime :

            Charges or conviction registered against subject:                                                  None

 

5]         Records on Violation of Anti-Corruption Laws :

            Charges or investigation registered against subject:                                                          None

 

6]         Records on Int’l Anti-Money Laundering Laws/Standards :

            Charges or investigation registered against subject:                                                          None

 

7]         Criminal Records

No available information exist that suggest that subject or any of its principals have been formally charged or convicted by a competent governmental authority for any financial crime or under any formal investigation by a competent government authority for any violation of anti-corruption laws or international anti-money laundering laws or standard.

 

8]         Affiliation with Government :

No record exists to suggest that any director or indirect owners, controlling shareholders, director, officer or employee of the company is a government official or a family member or close business associate of a Government official.

 

9]         Compensation Package :

Our market survey revealed that the amount of compensation sought by the subject is fair and reasonable and comparable to compensation paid to others for similar services.

 

10]        Press Report :

            No press reports / filings exists on the subject.

 

 

CORPORATE GOVERNANCE

 

MIRA INFORM as part of its Due Diligence do provide comments on Corporate Governance to identify management and governance. These factors often have been predictive and in some cases have created vulnerabilities to credit deterioration.

 

Our Governance Assessment focuses principally on the interactions between a company’s management, its Board of Directors, Shareholders and other financial stakeholders.

 

 

CONTRAVENTION

 

Subject is not known to have contravened any existing local laws, regulations or policies that prohibit, restrict or otherwise affect the terms and conditions that could be included in the agreement with the subject.

 

 

FOREIGN EXCHANGE RATES

 

Currency

Unit

Indian Rupees

US Dollar

1

Rs.46.43

UK Pound

1

Rs.87.43

Euro

1

Rs.59.80

 

RATING EXPLANATIONS

 

 

RATING

STATUS

PROPOSED CREDIT LINE

>86

Aaa

Possesses an extremely sound financial base with the strongest capability for timely payment of interest and principal sums

Unlimited

71-85

Aa

Possesses adequate working capital. No caution needed for credit transaction. It has above average (strong) capability for payment of interest and principal sums

Large

56-70

A

Financial & operational base are regarded healthy. General unfavourable factors will not cause fatal effect. Satisfactory capability for payment of interest and principal sums

Fairly Large

41-55

Ba

Overall operation is considered normal. Capable to meet normal commitments.

Satisfactory

26-40

B

Unfavourable & favourable factors carry similar weight in credit consideration. Capability to overcome financial difficulties seems comparatively below average/normal.

Small

11-25

Ca

Adverse factors are apparent. Repayment of interest and principal sums in default or expected to be in default upon maturity

Limited with full security

<10

C

Absolute credit risk exists. Caution needed to be exercised

Credit not recommended

 

 

 

PRIVATE & CONFIDENTIAL : This information is provided to you at your request, you having employed MIPL for such purpose. You will use the information as aid only in determining the propriety of giving credit and generally as an aid to your business and for no other purpose. You will hold the information in strict confidence, and shall not reveal it or make it known to the subject persons, firms or corporations or to any other. MIPL does not warrant the correctness of the information as you hold it free of any liability whatsoever. You will be liable to and indemnify MIPL for any loss, damage or expense, occasioned by your breach or non observance of any one, or more of these conditions