1. Consequent upon the decision of the Supreme Court in the matter of
prices of certain bulk drugs fixed by the Government of India under the
Drug (Prices Control) Order, 1979, the Company paid an amount of Rs.
31,200 thousands in 1988 being the liability determined by the Special
Team appointed by the Government. However, during 1990, fresh demands
aggregating to Rs. 781,000 thousands alleged to be payable into the
Drug Prices Equalisation Account (DPEA) were made by the Government on
account of alleged unintended benefit enjoyed by the Company. The
Government has also made certain claims for applicable interest. On a
Writ Petition filed by the Company in 1991, the Bombay High Court
passed an order whereby the demands were to be treated as show cause
notices. The High Court directed the Company and the Government to
furnish relevant data to each other based on which the Government was
to rework the figures. The Government did not furnish the requisite
data to the Company. In 1995, a further demand of Rs. 79,500 thousands
was made by the Government.
In the meantime, a Committee was constituted by the Government to
determine the liabilities of the Drug Companies. The Company filed
written submissions with the Committee and contended during the
personal hearing that in the absence of the Government furnishing the
requisite data as directed by the Bombay High Court, the Company was
not in a position to make an effectual presentation before the
Committee.
In January 1999, the Company filed an Application before the Bombay
High Court seeking directions to the Government to furnish the
requisite data. The Application is pending. In the meantime, the
Committee has deferred further hearing of the Companys case, until the
Application is heard and decided by the Bombay High Court. In any
event, the Company is contesting the above demand.
2. The tax year for the Company being the year ending March 31, the
provision for taxation for the year is the aggregate of the provision
made for the three months ended March 31,2010 and the provision based
on the profit for the remaining nine months up to December 31,2010, the
ultimate liability of which will be determined on the basis of the
profit for the taxyear April 1,2010 to March 31,2011.
3. Balance with customs and excise authorities includes excise and
cenvat deposit Rs. 30,713 thousands (2009: Rs. 46,967 thousands) with
toll manufacturers.
4. Estimated amount of contracts remaining to be executed on capital
account and not provided for (net of advances) Rs. 200,164 thousands
(2009: Rs. 171,519 thousands).
5. Contingent Liabilities and commitments:
(Rupees000)
Dec 2010 Dec 2009
Tax demands in respect of which*:
- Tax authorities have appealed against
Income tax orders which were 439,949 708,399
ruled in favour of the Company
- Companys appeals are pending before
appropriate authorities 713,697 696,733
* Contingent liabilities in respect of pending tax assessments in
relation to similar matters are not determinable and hence not
disclosed.
6. Related parties
i. Parties where control exists:
a) Hoechst GmbH, Germany, holding Company (holds 60.4% of the equity
share capital as at December 31,2010)
b) Sanofi-Aventis SA, France, ultimate holding Company
ii. Other related parties with whom transactions have taken place
during the year: -
a) Fellow subsidiaries
Sanofi-Aventis Sp. Zoo Sanofi-aventis australia pty Limited
sanofi-aventis Lanka Limited Sanofi-Aventis Deutschland GmbH
(formerly known as Aventis Pharma Limited) Sanofi-aventis Korea Co.
Limited
Sanofi-Aventis Groupe S.A. Sanofi-Aventis Egypt SAE
Sanofi Pasteur S.A. Sanofi-Aventis SpA
FrancopiaS.A.R.L. Sanofi-Aventis US LLC
Sanofi-Aventis Recherche & Developement S.A. Sanofi-Aventis Singapore
Pte. Limited
Sanofi Winthrop Industrie S.A. Sanofi-aventis Vietnam Company Limited
Sanofi Chimie S.A. sanofi-aventis Bangladesh Limited
Aventis Pharma Limited, UK (Formerly known as Fisons Bangladesh
Limited)
Winthrop Pharmaceuticals UK Limited Sanofi-aventis (Malaysia) SDNBHD.
PT Aventis Pharma (Indonesia) Sanofi-Aventis Private Co. Limited
Sanofi-Synthelabo (India) Limited Shantha Biotechnics Limited
Sanofi Pasteur India Private Limited
b) Joint venture (refer note 27 of schedule 16):
Chiron Behring Vaccines Private Limited, India (up to December 23,2010)
c) Key management personnel of the Company for the year Name Category
of Directorship
Dr. Shailesh Ayyangar Managing Director
Mr. Madhusudan Garimela Rao Executive Director from 25th October, 2010
Mr. Shirish Chandrakant Ghoge Executive Director from 25th October,
2010
Mr. Michel Dargentolle Executive Director
(From January 1,2010 to March 22,2010,
from March 31,2010 to July 17,2010
&from July 19,2010to December 31,2010)
vii) Basis used to determine expected rate of return on assets
Expected rate of return on investments is determined based on the
assessment made by the Company at the beginning of the year on the
return expected on its existing portfolio since these are generally
held to maturity, along with the estimated incremental investments to
be made during the year.
viii) General descriptions of significant defined Plans
Gratuity Plan
Gratuity is payable to all eligible employees of the Company on
superannuation, death and permanent disablement in terms of provisions
of the Payment of Gratuity Act or as per the Companys Scheme whichever
is more beneficial. Benefit would be paid at the time of separation
based on the last drawn base salary.
Pension Plan
Under the Companys Pension scheme, certain executives are eligible for
fixed pension for five years, depending on their level at the time of
retirement on superannuation, death or early retirement with the
consent of the Company.
Provident Fund
The Company manages the provident fund through a Provident Fund Trust
for its employees (except Staff and Workmen at Ankleshwar unit) which
are permitted under The Employees Provident Fund and Miscellaneous
Provisions Act, 1952. The Plan envisages contribution by employer and
employees and guarantees interest at the rate notified by the Provident
Fund Authority. The contribution by employer and employee, together
with interest, are payable at the time of separation from service or
retirement.
7. Reimbursement of expenses includes expenses recovered for common
shared utilities and services from Bayer CropScience Limited and Chiron
Behring Vaccines Private Limited. Further it also includes market
support and clinical trials reimbursement from fellowsubsidiaries.
8. Capital work in progress as at December 31, 2010 includes
intangibles under development amounting to Rs. 30,042 thousands (2009:
Rs. 84,450 thousands)
9. Excise duty on sales amounting to Rs. 223,062 thousands (2009: Rs.
213,826 thousands) has been reduced from sales in profit & loss account
and increase/ (decrease) of excise duty on inventories, sample etc.
amounting to Rs. 18,679 thousands (2009: Rs. (4,215) thousands) has
been considered as (income)/expense in Schedule 13 of financial
statements.
10. The Company sold its entire shareholding of 4,900,000 Equity
Shares of Rs. 10 each constituting 49% of the paid-up share capital of
the Joint Venture Company (JVC), Chiron Behring Vaccines Private
Limited in December 2010 to Novartis Pharma AG, (a nominee of Novartis
Vaccines and Diagnostics Inc., the Companys partner in the JVC) for a
sale consideration of Rs. 1,007,507 thousands on which the Company has
earned a profit of Rs. 757,375 (net of tax of Rs. 201,132 thousand)
thousands which is disclosed as an exceptional items.
11. Previous years figures have been regrouped wherever necessary to
confirm to this years classification. |