The Corporate Affairs Ministry is understood to have ordered prosecution against mines major Sesa Goa on eight grounds, including over and under-invoicing of exports and imports of over Rs 1,000 crore.
Proceedings will be initiated on eight grounds in an economic offences court in Goa, sources said.
"We have asked the Serious Frauds Investigation Office (SFIO) to begin prosecution against the company. We have accepted eight of the nine grounds that SFIO had recommended prosecution on," a senior MCA official said.
After an investigation, spanning almost two years, the SFIO has found that iron-ore exporter Sesa Goa has over-invoiced import receipts of coking coal by Rs 14.6 crore and also sale of iron-ore by Rs 42.51 crore, while under-invoicing exports by Rs 1,002 crore.
When contacted, the company said in a statement that the allegations contained in SFIO Report are misconceived and even factually incorrect.
On the prosecution, PK Mukherjee, managing director, Sasa Goa, said: "We are yet to hear anything about this since end June when we submitted our comments on SFIO Report to the Ministry. As and when we receive any further communication in this regard, we’ll deal with it appropriately."
More From This Section
Under-invoicing is normally done to avoid paying tax. Under the practice, companies mention in their records an amount less than what was actually delivered and pocket the difference.
The SFIO has also recommended prosecution against the Sesa Goa's managing director and company secretary for violations under the Companies Act, 1956.
The SFIO has also alleged that Sesa Goa made excess payment of agency commission to sales agent amounting to Rs 40.6 crore to facilitate its exports of iron-ores to foreign buyers.
"Such Sales agents included Mitsui & Co [of Japan and Hong Kong], Nissho Iwai Corpn [Japan], Ahmed Jaffer & Co [Pakistan], and Arim Peks [Turkey]," the SFIO report has said.
It has also accused the company's independent directors and statutory auditor of non-cooperation with the investigations, and has also recommended prosecution on this basis.
In 2009, the SFIO was asked to investigate the affairs of Sesa Goa, following a report of the Registrar of Companies (ROC), which 'prima facie' found the company guilty of fudging invoices.
Allegations against the company also included diversion of funds, which, the SFIO report has rejected.
The RoC had been looking into Sesa Goa's case since 2003 when the company was majority-owned by Mitsui Co.
Anil Agarwal-promoted Vedanta Resources acquired 51% controlling stake in Sesa Goa in 2007 from the Japanese company for $981 million.