By ANAND SINGH
New Delhi, Jul 1 (IANS): Fugitive arms dealer Sanjay Bhandari allegedly received an amount of $4,999,699 in the bank account of his UAE-based company Santech International FZC from the Samsung Engineering Corporation Ltd (SECL) and did not disclose it in his income tax returns.
He also used the money to buy property in London, as he was the beneficial owner of Vertex Management Holdings Ltd from 2009 to 2012. That property is said to be allegedly owned by Congress interim chief Sonia Gandhi's son-in-law Robert Vadra.
The fresh FIR also alleged that Bhandari exchanged mails with SECL's then senior manager Hong Namkoong regarding the ONGC DFCU project in Gujarat's Dahej in 2008 which contained an attachment 'Consulting Service Agreement' between SECL and the Samtech International FZC.
This is the second CBI FIR against Bhandari in the span of a year.
The revelations were made after the CBI converted a preliminary enquiry (PE) into a regular case against Bhandari, two international firms SECL and Foster Wheeler Energy Ltd, (FWEL) UK, then senior manager of the SECL Hong NamKoong and other unknown officials of the ONGC/OPaL and unknown others on the allegations that Bhandari acted in criminal conspiracy with other accused and in furtherance of the said conspiracy entered into a consultancy agreement with SECL in violation of the contract agreement between OPaL and SECL.
The case pertains to petro-chemical complex which the ONGC decided to build as a special economic zone in 2007 and commissioned Samsung Engineering to build a part of the project to SECL.
The CBI said, "During enquiry it was found that advance payment to SECL was made by OPaL on February 24, 2009 and an amount of $49,99,969 was credited from the bank account of SECL in the bank account number 1021497657901 of Samtech International FZC with Emirates NBD, Al Quasis Branch in Dubai on June 13, 2009.
"Bhandari did not disclose the receipt of $49,99,969 in his Income Tax returns," the FIR said.
The CBI alleged that Bhandari had incorporated/held beneficial ownership of several companies outside India. It said that the Samtech International FZC was incorporated in United Arab Emirate (UAE) on February 21, 2006 and Bhandari as one of its directors.
"Enquiry revealed that several emails were exchanged between Bhandari and Namkoong regarding the ONGC DFCU project. An email dated April 3, 2008 contains an attachment 'Consulting Service Agreement' between SECL and Bhandari's company dated October 30, 2007," it said.
It further said that agreement regarding the consultancy services to be provided by Samtech International FZC to SECL for obtaining the contract at ONGC, DFCU and AU projects at Gujarat's Dahej.
The enquiry report said that as per the agreement between the South Korean company has to pay $ 10 million as coordination and consulting fee with 50 per cent payable within 30 days of receipt of advance payment from ONGC and other 50 per cent within six months of the receipt of the payment from ONGC.
The CBI also said that agreement between OPaL and consortium of Linder and SECL was signed on February 10, 2009 and in the agreement it was mentioned that the contractor has not been indicated in his bid either involvement of any agent or consultant or representative or retainer or associate or payment of any remuneration for this in India or abroad.
The CBI FIR said: "The SECL concealed the facts while signing the integrity pact with OPal."
It further said that the agreement between Bhandari's company and Namkoong stipulated that 50 per cent of the total consultation fee shall be payable within 30 days after the receipt of the advance payment from the ONGC, but on the date of agreement the ONGC/OPaL board had not approved the advance payment to be released to the tenderer and the lender document did not have the provisions for making advance payment.
"However, the OPaL board in its fifth meeting held on December 17, 2007 approved the provision of advance payment at the request of the bidders and linked the payment to the progress of work," it said.
The CBI said that the interest free advance payment was made in contravention of CVC circular dated April 10, 2007.
It said that an unsigned copy of a consultancy agreement between FWEL, UK and Samtech International FZC dated July 19, 2007 was also found.
"The consultancy agreement is with respect to front end design services project management services and engineering procurement construction management services for the ONGC's project at Dahej Petrochemical complex.
As per the agreement the fee for the consultant -- Samtech International FZC was decided at three per cent of the overall contract value.
The tendering process for the DFCU was started in April 2007 and this the date of the unsigned agreement of Bhandari's firm with FWEL in July 2007 is significant as it is FWEL which was instrumental in the preparation of the bid documents of the tenderers, engaged for the cost estimation of the project and the net present value was finalised and calculated by FWEL, it said.
The CBI further said that Bhandari was the beneficial owner of Vertex Management Holdings Ltd from December 2009 to November 2012.
The CBI said: During enquiry it was revealed that Bhandari acquired a property number 12, Ellerton House, Bryston Square in London by purchasing 100 per cent shares of Vertex Management Holdings Limited, UK in his own name for 19,00,000 pounds."
"The deal was stipulated to be completed on or before end of August 2009, just after the aforesaid transfer of Rs 22 crore on June 13, 2009 in the account of the company associated with Bhandari," it said.
The CBI alleged that the same property was sold by Bhandari to an entity named Skylite Investments FZE incorporated in UAE during 2011-12.
Bhandari is also facing an Enforcement Directorate (ED) probe on charges of purchasing benami properties in London on behalf of Sonia Gandhi's son-in-law Robert Vadra.
Vadra was questioned by the ED team on multiple occasions last year about his association with Bhandari and London property. Vadra, who is also the husband of Congress General Secretary Priyanka Gandhi Vadra had refuted all allegations.
In July last year, the CBI has registered a criminal case against unknown officials of Indian Air Force (IAF), Defence Ministry, Bhandari and officials of Swiss based plane maker Pilatus Aircraft Ltd on charges of alleged corruption in the Rs 2,985 crore deal of 75 basic air trainer aircraft for the Indian Air Force in 2009.
It is alleged that the said, half a dozen, properties were purchased by money allegedly received as kickbacks for various defence and other (including a petroleum) deal struck during UPA tenure.