Need your help

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Need your help I find the following mater in news paper "Business line' and faced this type of transaction in my real life while auditing. The entry in the books of accounts is: XXXX party A/c dr 100cr To other liabilities 100cr ( being LC raised vide Lc no:xxxx dated xxx abc bank) Please read the following as published in Business line: "The other case was in Kolkata, involving State Bank of India. One of the bank's branches in that city reportedly opened LCs for purchase of seafood by its customer in favour of a supplier situated in Kolkata. No goods were sold or bought — the buyer and the seller belonged to the same group — and the group enjoyed bank credit on an unsecured basis. When the bank woke up to the shenanigan, the total value of bills drawn under the LCs and unpaid amounted to a staggering Rs 100 crore. The bank reportedly refused to pay the bills already accepted by its customer under the bank's LCs and all those banks that had discounted the bills on the strength of LCs had gone to court to make the opening bank pay. It is understood that, despite the big losses incurred by banks in these sham transactions, the business of opening usance LCs for local trade continues and many private and foreign banks are deploying their surplus funds in bills drawn under the LCs." I need answers for the follwing from experts: 1.Is it fraud to raise LC for local beneficiary in same city?if yes how? 2.Is there any loss to bank with this transaction? 3. "The group enjoyed bank credit on an unsecured basis" i am unable to understand the above sentence. Please explain how the group enjoyed unsecured basis" 4. as a accountant i find this type of transaction in real life in a company what should i do? 5.In this case is there any involvement of bank? i.e is there any mistake of bank? 6.What are the legal complications with this type of transactions- to whom and why thanks

 
Replies (13)

It is not fraud to raise LC for local beneficiary in same city, provided if it is for genuine trade.


All those banks that had discounted the bills on the strength of LCs had gone to court to make the opening bank pay. It is understood that, big losses incurred by banks in these sham transactions. So there is a loss to the bank in these transaction.

As the bills discounted based on the strength of genine LCs is secured(Commercial transactions involved there is a commitment on the buyer to make payment) . Here the LC is bogus so it is not secured. 

 

Originally posted by : SEETHARAMAN
It is not fraud to raise LC for local beneficiary in same city, provided if it is for genuine trade.


All those banks that had discounted the bills on the strength of LCs had gone to court to make the opening bank pay. It is understood that, big losses incurred by banks in these sham transactions. So there is a loss to the bank in these transaction.

As the bills discounted based on the strength of genine LCs is secured(Commercial transactions involved there is a commitment on the buyer to make payment) . Here the LC is bogus so it is not secured. 

 

i want to know is it fraud or not:

The X company created LC based on PO in favour of Y company both companies are in same building.

Y company discounted the LC

X company and Y company have no relations on business wise

X company or Y company not sold or bought any goods till now

Banker debited margin money to X company of Rs.50 Lakhs

till now X company not paid LC amount to Bakner even after one year completed

the amount involved is 50 crores

the entry in X company is

XYZ company a/c   DR      50 crores

    To Other Libilities A/c          50 crores

is there any wrong in this case under law or not

need experts opinion

 

 

 

 

 

 

Many such incidents have come to the attention of bankers regarding defrauding the bank with such sham transaction using usance LC.

Issuing LC within the city is allowed but the parties involved should be genuine and so should the transaction. But here, the parties are taking advantage of some loophole and causing losses to the banks.

Originally posted by : Mihir
Many such incidents have come to the attention of bankers regarding defrauding the bank with such sham transaction using usance LC.

Issuing LC within the city is allowed but the parties involved should be genuine and so should the transaction. But here, the parties are taking advantage of some loophole and causing losses to the banks.

Sir,

is there any time limit for closure of LC after raising the LC?

Thanks

 

 

For LCs validity period will be there, unless extended the validity of LCs will expire on the end of validity period. 

Originally posted by : SEETHARAMAN
For LCs validity period will be there, unless extended the validity of LCs will expire on the end of validity period. 

Dear Sir,

Which documents to be procedued before bank for LC discouting and what are the bankers duties at that time

How it comes to know that if LC was discounted by seller(benificiary) with bank to the buyer ( LC raiser)

Thanks

You can't discount LC it is only bills can be discounted. Based on LC the banks will saction credit. You will not know that any borrowing against your LC unless the cocerned bank intimates to you.

For borrowing against LC you have to produce original LC, copy of order placed by the buyer on you and any other document required by the banker.  

Originally posted by : SEETHARAMAN
You can't discount LC it is only bills can be discounted. Based on LC the banks will saction credit. You will not know that any borrowing against your LC unless the cocerned bank intimates to you.

For borrowing against LC you have to produce original LC, copy of order placed by the buyer on you and any other document required by the banker.  

Thank you very much sir, please don't mind sir  i have one more question, realy i do not have any practical experience in LC

is it necessary to produce any security by the benificiary(seller) to the bank for discouting the bill? or original LC is enough?

Thanks

For bill discounting you have to get sactioned that facility with limits based on credit review by bank for that some banks may insist on security.

Originally posted by : SEETHARAMAN
For bill discounting you have to get sactioned that facility with limits based on credit review by bank for that some banks may insist on security.

Dear Sir,

Indian Nationalised banks giving loans indirectly for contesting as a memeber of parlament upto 100 crores but not giving loans to farmers even ten thousand after asking ten thousand questions

 

 

 

 

Originally posted by : Dharma
 

 

Dear Sir,

Is there any guidlines/rules/regulations etc  for letter of credit either from RBI or from any act

for banks/companies

thanks

Refer to the following master circular of Reseve Bank of India on Letters of Credit.

Master Circular- Guarantees, Co-Acceptances & Letters of Credit - UCBs

Please refer to our Master Circular UBD. BPD (PCB) MC. No. 4/09.27.000/2012-13 dated July 2, 2012 on the captioned subject (available at RBI website www.rbi.org.in). The enclosed Master Circular consolidates and updates all the instructions / guidelines on the subject issued upto June 30, 2013 as listed in the Appendix.


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