The House of Tata Rapped On The Knuckles
Just when it seemed
the Chairman of the Tata Trusts and restored Executive Chairman of Tata Sons
Ratan Naval Tata had got away with a number of questionable moves, dramatic developments have
come home to roost.
Ratan Tata and his advisers
have returned to the public gaze as many of their decisions will be examined
by the apex court of the land at the behest of ousted former Executive Chairman
of Tata Sons, Cyrus Mistry.
The latest troubles
come on top of others. Some of the Tata Trusts, indicted in 2015, and promptly
challenged by the Trusts concerned, have been held liable in 2019 by the Income
Tax Tribunal after examination of the facts.
It is for a massive
evasion of taxes, activity not normally associated with a Tata entity. Appeals
are under process to the higher judiciary, but the taxes and fines imposed are
for violating the terms that rendered the trusts tax-free in the first place.
For decades these trusts have worked with integrity and probity. But lately,
they have apparently gone in for some profit making in violation of the rules.
The consequences are onerous enough to break the backs of the trusts indicted.
The Tata Group has said the Trusts, six of them out of several more, surrendered
their registrations voluntarily in 2015 and should not have to pay the Rs. 12,000
crores called up. They have, in fact,
only had their registrations cancelled by the tax authorities in 2019. These
six trusts, though not the main ones, own 39,000 shares of Tata Sons, the
principal holding company of the Tata Group.
And now, to compound the group’s troubles,
there is a sensational judgement of the NCLAT, restoring Cyrus Mistry, (also a
minority shareholder, along with his brother, with over 18% in Tata Sons), as
Executive Chairman of Tata Sons.
This has come after
many adverse judgements over three years
in various courts, all against Mistry. But apparently, good legal counsel and
persistence has paid off in the end.
The Tata
establishment, on its part, has been given a four week window to appeal to the
Supreme Court, while the restoration of Mistry is held in abeyance for the
duration.
Cyrus Mistry, a 51
year old billionaire, who owns the Shapoorji Pallonji Group along with his
brother and other family members, has also been immediately restored as
Director on the boards of four leading Tata companies that he was thrown out of.
In addition, Tata
Sons, converted illegally into a private limited company as per NCLAT, from a
deemed public limited entity (for its sheer size), has been ordered to revert
into a public limited company.
All of this has cast
serious aspersions on the judgement of an ageing Ratan Tata and his advisers,
and damaged the reputation of perhaps India’s most valued corporate group. The
turmoil and uncertainty of the legal ramifications going forward is also taking
its toll on the share prices.
Ratan Tata, currently
in the eye of the storm, was once the very
leader to emulate. He took over the Tata Group as the designated successor to J.R.D
Tata and both consolidated and grew the companies manifold over the years. He
undertook diversifications into newer areas of business better suited to the
liberalised era post 1991. One of the greatest successes was Tata Consultancy Services
(TCS), which became the Group’s most profitable company.
Ratan Tata recruited
N Chandrasekaran, the erstwhile boss of TCS, to replace Cyrus Mistry as
Executive Chairman of Tata Sons, but this too has been found to be illegal by
the NCLAT.
The irony is that
Chandrasekaran, confronted with huge indebtedness and slowing revenues has been
following a course very similar to that taken by Cyrus Mistry. He too is
cutting away dead wood where he can, and taking steps to hive off companies
that are draining the group of its financial resources.
Some of these include
overseas acquisitions made by Ratan Tata in the boom years at high prices.
These, such as Corus Steel, and, alas, Jaguar/Landrover, are now bleeding
cash in recessionary conditions. This, even as others, such as Tetley Tea, are
doing fine still.
Ratan Tata, in recent
times, has apparently been trying to hide his mistakes or bets that have gone
bad because of altered market environments. Some of the new people he has
relied upon have departed from the usual high standards of ethics upheld by the
Tata Group in earlier days. In the quest
to turn into something of a multinational, vast differences in remuneration
between Indian managers in the group and foreign recruits have demoralised many
old stalwarts.
It is not clear if
Cyrus Mistry will resume his old position once, and if, he is vindicated by the
Supreme Court. But if he does, there is a good chance that he will be able to
restore the Group to its former glory.
The Mistry family, father and son, has sat in on the boards of not only
Tata Sons but various other companies for decades now. Cyrus Mistry is well
versed in the Tata ethos, and connected with the group’s Parsi roots.
It is these important
intangibles that were being diluted, rather alarmingly, resulting in the Tatas’
becoming just another large conglomerate by Indian standards.
(883 words)
For: WIONEWS
December 19, 2019
Gautam Mukherjee