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Binani Cement
BSE: 532849|NSE: BINANICEM|ISIN: INE042H01019|SECTOR: Cement - Major
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Notes to Accounts Year End : Mar '11
1 The estimated amounts of contracts and commitments remaining to be
 executed on capital account and not provided for (net of advances) Rs.
 19,389.02 Lakhs (Previous Year 5,979.96 Lakhs).
 
 2 Contingent Liabilities not provided for :
 
 (i) The Company has imported fuel without payment of Customs Duty
 aggregating to Rs. 6.77 Lakhs (Previous Year Rs. 6.77 Lakhs) by
 utilizing transferable DEPB Licenses purchased from the market in the
 ordinary course of business. The Customs Department has issued show
 cause notice alleging that the original purchaser had obtained these
 licenses fraudulently. The above case is pending with Commissioner of
 customs, Kandla. Company is hopeful of success as the Company is not at
 fault.
 
 (ii) Demands raised by Excise Department in various matters aggregating
 to Rs. 31.50 Lakhs (Previous Year Rs. 104.30 Lakhs) - (excluding
 applicable interest). Appeals are pending with various Appellate
 Authorities.
 
 (iii) Demands raised by Customs Department, Jamnagar in relation to
 import of coal made in earlier years aggregating to Rs. 30.61 Lakhs
 (Previous Year Rs. 30.61 Lakhs). The Company has filed Appeals before
 CESTAT, Mumbai. CESTAT Mumbai has set aside the order of the Appellate
 Commissioner with a direction that the appeal by the department against
 the Assistant Commissioner’s orders should be heard denovo on merits by
 the Commissioner (Appeals). Now Department has filed an appeal before
 the Hon’ble High Court of Gujarat against the order of CESTAT.
 
 (iv) Demands raised by Excise Department in various matters in relation
 to Cenvat Credit of Service Tax Rs. 54.61 Lakhs (Previous Year Rs. 0.94
 Lakhs). Appeals are pending with various Appellate Authorities. The
 cenvat credit amount / paid under protest of Rs. 0.29 Lakhs has been
 reversed.
 
 Commissioner, Central Excise, Jaipur issued a show cause notice
 disputing basis of Excise duty calculated for sales made to contractual
 buyers. We have paid duty accordingly before issuing of show cause
 notice. However Commissioner imposed penalty of Rs. 1 Lakhs which is
 disputed by us on the ground that we have paid duty before issuing show
 cause notice, and an appeal has been filed before CESTAT and stay
 granted against recovery of penalty till disposal of appeal .
 
 Demands raised by Additional Commissioner Central Excise, Jaipur II in
 relation to Cenvat Credit of Excise Duty paid on Capital goods falling
 under Chapter 72, 73, 59, 69, 39 & 83 amounting to Rs.  34.70 Lakhs
 (Previous Year Rs. Nil). The Company filed an appeal before
 Commissioner (Appeals), Jaipur II and same was rejected. Now Company
 has filed an appeal with CESTAT, New Delhi.
 
 (v) Demands raised by Sales Tax Department aggregating to Rs.70.21
 Lakhs (Previous Year Rs.70.21 Lakhs) contending that the Company has
 wrongly adjusted sales tax on account of trade discounts. The Company
 has filed a writ petition before Hon’ble High Court, Jodhpur and has
 also obtained an interim relief. Besides, the Sales Tax Department has
 also issued demand notices relating to various matters aggregating to
 Rs.10.70 Lakhs (Previous Year Rs.10.70 Lakhs), which are being
 contested by the Company, including in appeal and is hopeful of
 success.
 
 (vi) Demands raised by Uttar Pradesh State Government on account of
 entry tax on Cement for the year 2003-04 & 2005-06 aggregating to Rs.
 23.81 Lakhs ( Previous Year Rs. 23.81 Lakhs), based on market price
 which was disputed by the Company on the ground that the Entry Tax is
 payable on stock transfer price. The Company has paid and accounted the
 same as advances since a stay order has been obtained from Hon’ble
 Allahabad High Court, pending disposal of the matter.  The demand for
 the year 2004-05, 2006-07 & Apr’ 07 to June’ 07 aggregating to Rs.
 69.77 Lakhs (Previous Year Rs. 69.77 Lakhs) has not been provided for.
 The Company has paid Rs. 5.00 Lakhs under protest against these demands
 and accounted the same as advances since a stay order has been
 obtained. The case is pending before the Hon’ble Allahabad High Court.
 
 (vii) Demand raised by Uttar Pradesh Commercial Taxes Deptt. on account
 of entry tax Rs. 268.01 Lakhs based upon the market value of cement
 stock transfer. We have filed a writ before Hon’ble Allahabad High
 Court. Case Heard and stay granted.  Against the demand we have
 deposited Rs. 158.63 Lakhs based upon stock transfer price and provided
 Bank Guarantee of Rs. 109.38 Lakhs towards security against balance as
 directed by Hon’ble High Court .
 
 (viii) Demand raised by Uttar Pradesh Commercial Taxes Deptt. on
 account of penalty on late deposit of VAT amounting to Rs. 21.60 Lakhs.
 An Appeal has been filed with Additional Commissioner (Appeals),
 Commercial Taxes department, Ghaziabad. We have deposited Rs. 12.96
 Lakhs under protest.
 
 (ix) Joint Commissioner Commercial Taxes, Ghaziabad has imposed penalty
 of Rs. 1.32 Lakhs (Previous Year Rs. 0.46 Lakhs) on account of
 incomplete documents carried by Truck of Cement. We have deposited Rs.
 1.32 Lakhs under protest and filed an appeal before Additional
 Commissioner (Appeals), Commercial Taxes, Ghaziabad.
 
 (x) Letter of Credit opened by banks on behalf of the Company Rs.
 121.78 Lakhs (Previous Year Rs. 177 Lakhs)
 
 (xi) Guarantees given by Banks Rs. 483.14 Lakhs (Previous Year 287.95
 Lakhs)
 
 (xii) Corporate Guarantees given to Bank for Loans to wholly owned
 subsidiaries of Rs. 26,294.05 Lakhs (US $ 58.25 Million) to Mukundan
 Holdings Ltd. (Previous Year 34,868.70 Lakhs), Rs. 10,946.45 Lakhs (US
 $ 24.25 Million) to Murari Holdings Ltd.  (Previous Year Rs. 13,446.10
 Lakhs) and Rs. 10,291.92 Lakhs (US $ 22.80 Million) to Krishna Holdings
 (Previous Year Rs. Nil).
 
 (xiii) Claims against the Company in respect of certain Income Tax
 matters Rs. 611.88 Lakhs (Previous Year Rs. 366.68 Lakhs out of which
 Rs. 310.77 Lakhs paid (Previous Year Rs. 43.88 Lakhs paid).
 
 (xiv) The Company has placed a purchase order for procurement of “Steam
 (Non Coking) coal on M/s Visa Comtrade A.G. and the party supplied the
 same under five Bills of lading. Party failed to provide us the
 original bills of lading. The owner of the Ship M/s Great Eastern
 Shipping Co. Ltd.has filed the suit against the Company for not
 providing original Bills of lading. The Company has informed them that
 the balance amount due to them will be paid after adjustment of the
 losses and expenditure incurred / to be incurred by Binani Cement
 Limited till the time matter is finally resolved. The Company have
 incurred expenses of Rs.171.21 Lakhs up to 31.03.2011 to defend the
 suit filed by M/s Great Eastern Shipping Co. Ltd. and debited the same
 to the account of supplier which is to be recovered from the party.
 
 4 Claims against the Company not acknowledged as debts :
 
 (i) Quality Claims Rs. 1.80 Lakhs (Previous Year Rs. 1.73 Lakhs) 
 
 (ii) Road Tax Penalty Rs. Nil (Previous Year Rs. 4.24 Lakhs)
 
 5 The Company has opted for Sales Tax Incentive Scheme, 1989. Earlier
 25% incentive was allowed by State Level Screening Committee (SLSC),
 but pursuant to order of Rajasthan Tax Board, 75% incentive from Sales
 Tax for sales effected in Rajasthan for 9 years subject to a limit of
 Eligible Fixed Capital Investment (EFCI) is being availed of. The
 Company has availed Sales Tax Incentive of Rs. 20,266.98 Lakhs upto
 31st March, 2006. The Sales Tax Department filed a revision petition
 before the Hon’ble Rajasthan High Court, Jodhpur contesting the order
 of Rajasthan Tax Board, which allowed the Company to avail 75% sales
 tax incentive. The Hon’ble High Court has dismissed the revision
 petition of Sales Tax Department. The Department has filed a revision
 petition before Hon’ble Supreme Court.  Pending the decision of the
 Supreme Court, no provision has been made for the differential Sales
 Tax Incentive of Rs.13,327.19 Lakhs (excluding interest, if any)
 availed by the Company till 31st March, 2006.
 
 However, on introduction of Value Added Tax (VAT) in the State of
 Rajasthan w.e.f 1st April, 2006, an option has been given to switch
 over to deferment scheme for twice the remaining validity period as
 available under the erstwhile Sales Tax Incentive Scheme, 1989 subject
 to the original limit of EFCI. The Company has exercised this option
 w.e.f 1st April, 2006 under which 75% of VAT collected and payable
 after the said date is being deferred for a period of 7 years. Till
 26th May, 2007, Rs. 3,813.54 Lakhs was deferred and shown as Unsecured
 Loan.(Refer Schedule 4)
 
 During the year 2007-08, the Company has filed an application with
 Sales Tax Department for extension of period of EFCI scheme, which was
 not accepted. The Company has filed a case with Hon’ble Jaipur High
 Court to instruct the Sales Tax department to extend the EFCI scheme
 period. However, the Company has continued to defer 75% of the VAT
 liability amounting to Rs. 3,967.07 Lakhs for the period 27th May, 2007
 to 30th April, 2008.
 
 Application for grant of sales tax incentive was filed to sanction the
 EFCI to the extent of Rs. 396.72 Crores, but the SLSC sanctioned Rs.
 280.47 Crores in Nov.’2000, against which Company has requested vide
 letter dated 13.12.2000 to the SLSC for reviewing the amount of EFCI
 sanctioned, but no action was taken by the SLSC. A writ petition was
 filed during the year 2008-09 before the Hon’ble High Court, Jaipur
 bench, based on the fact that the SLSC has not replied to our review
 application within the time frame as per the New Rajasthan Sales Tax
 Incentive Scheme, 1989 and the decision is pending for review till
 date, hence the Company has continued to avail the deferment benefit
 treated as deemed to be sanctioned. Further, the Company has made an
 application to the State Government / SLSC to revise the amount of EFCI
 from Rs. 396.72 Crores to Rs. 488.50 Crores based on applicable
 guidelines under the Incentive Scheme. The Company has continued to
 avail the deferment benefit, pending the decision of State Government /
 SLSC.
 
 Accordingly the tax liability for the period 30th April, 2008 to 31st
 March, 2011 is Rs. 15,170.69 Lakhs against which we have deposited Rs.
 399.21 Lakhs under protest as per the directions of the Hon’ble High
 Court.The Matter is pending for decision before Hon’ble Rajasthan High
 Court / State Government.
 
 Licensed capacity is not indicated due to abolition of Industrial
 Licenses as per Notification No. 477(E) dated 25th July, 1991 issued
 under The Industries (Development and Regulation) Act, 1951.
 
 Installed capacity being a technical matter, the same has been assessed
 by the management and relied upon by the Auditors.
 
 7 The excise duty shown as deduction from turnover is total excise duty
 on sale of goods for the year. However, the excise duty related to the
 difference between opening stock and closing stock samples etc. is
 shown in Schedule 10 in Profit & Loss Account.
 
 8 The Company has not deposited a sum of Rs. 811.00 Lakhs (Previous
 Year Rs. 725.81 Lakhs) net of Rs. 258.88 Lakhs paid under protest
 (Previous Year Nil) shown as current liability in Schedule 8, on
 account of entry tax on goods under the Rajasthan Tax on Entry of Goods
 into Local Area Act , 1999 on notified goods purchased from outside the
 state from May 06. The Company has filed a writ petition on 10.07.2006
 against the notice of C.T.O. special circle, Commercial Taxes Deptt.,
 Pali for notice issued under Section 16(3) of the said “Act”. The said
 petition was admitted by the Hon’ble Court and a stay was granted.
 Subsequently, the case was heard by Hon’ble High Court and passed an
 order that the stay shall remain continued on the condition that
 petitioner deposit the 50% of amount assessed and submit Solvent
 security for the balance amount including interest, penalty etc.
 Accordingly, in compliance of the order, the entry tax of Rs. 258.88
 Lakhs being 50% of assessed tax was deposited by the Company under
 protest.
 
 9 LOANS - SECURED
 
 A DEBENTURES
 
 i) 11.20% (Reset Rate) Secured Redeemable Non Convertible Debentures
 (11.20%SRNCD) - Outstanding Rs. 2,041.67 Lakhs (Previous Year Rs.
 3,208.33 Lakhs)
 
 Secured by (a) a charge created on the movable and immovable properties
 of the Company located at Binanigram, Pindwara, Sirohi in Rajasthan
 both present and future (except the assets of the first phase of the
 2X22.30 MW captive thermal power plant comprising of 1X22.30 MW thermal
 power plant, associated equipments and shared facilities which are
 exclusively charged on first charge basis to Syndicate Bank and the
 assets imported from M/s F.L.Smidth, Denmark under the export contract
 dated 14.09.2005 and defined clearly in the loan agreement dated
 06.02.2007 entered into between M/s EKF A/S and the Company (b)
 exclusive first charge on plot of land situated at village Mouj,
 Dhanot, Kalol, Distt. Mehsana, Gujarat subject to charges on specified
 movables created for securing the borrowings for working capital
 requirements from Banks ranking pari-passu with charges created and/or
 to be created in favour of Financial Institutions/ Banks/Debentures
 Trustee(s) executed by the Company (c) Corporate Guarantee of Binani
 Industries Limited(BIL) and (d) paripassu second charge on the
 immovable assets of 1st phase of the 2X22.3 MW captive thermal power
 plant comprising of 1X22.30 MW thermal power plant, associated
 equipments and shared facilities.
 
 The Debenture shall be redeemable at par in a period of 6 years in
 quarterly installments commencing from 31st March, 2007 and ending on
 31st December, 2012.
 
 ii) 9.16% (Reset Rate) Secured Redeemable Non Convertible Debentures
 (11.99% SRNCD) - Outstanding Rs. 333.33 Lakhs (Previous Year 1666.67
 Lakhs)
 
 Secured by (a) a charge created on the movable and immovable properties
 of the Company located at Binanigram, Pindwara, Sirohi in Rajasthan
 both present and future (except the assets of the first phase of the
 2X22.30 MW captive thermal power plant comprising of 1X22.30 MW thermal
 power plant, associated equipments and shared facilities which are
 exclusively charged on first charge basis to Syndicate Bank and the
 assets imported from M/s F.L.Smidth, Denmark under the export contract
 dated 14.09.2005 and defined clearly in the loan agreement dated
 06.02.2007 entered into between M/s EKF A/S and the Company) (b)
 exclusive first charge on plot of land situated at village Mouj,
 Dhanot, Kalol, Distt. Mehsana, Gujarat subject to charges on specified
 movables created for securing the borrowings for working capital
 requirements from Banks ranking pari-passu with charges created and/or
 to be created in favour of Financial Institutions/ Banks/Debentures
 Trustee(s) executed by the Company and (c) Corporate Guarantee of
 Binani Industries Limited(BIL).
 
 The Debentures shall be redeemable at par in a period of 5 years in
 quarterly installments commencing from 30th September, 2008 and ending
 on 30th June, 2011.
 
 B.  TERM LOANS
 
 I) Financial Institutions
 
 a) Eksport Kredit Finansiering A/S - Foreign Currency Loans -
 Outstanding Rs. 2,166.38 Lakhs (Previous Year Rs. 2,812.49 Lakhs)
 
 Secured by (a) exclusive first charge on the assets imported from M/s.
 F.L.Smidth, Denmark under the Export Contract dated 14.09.2005 and
 defined clearly in the loan agreement dated 06.02.2007 entered with EKF
 A/s. (b) Pari Passu charge on Trust and Retention account and (c)
 Corporate Guarantee of BIL.
 
 II) Banks
 
 a) IDBI Bank Ltd. (IDBI) - Rupee Term Loans / Rupee Tied Foreign
 Currency Loans / Funded Interest Term Loans - outstanding Rs. 21,216.47
 Lakhs (Previous Year Rs. 24,287.48 Lakhs).
 
 The above term loans include loans aggregating to Rs. 5,238.54 Lakhs
 (Previous Year Rs. 5,953.59 Lakhs), which were transferred from BIL to
 the Company with effect from 1st October, 2004 vide letter
 No.H.O.CFD-II.B-18/BCL/2274 dated 31st March, 2005 received from IDBI
 and agreement of take over of loans liabilities dated 30th September,
 2005.
 
 Secured/to be secured by (a) first mortgage and charge created on
 immovable properties of the Company at Binanigram, Pindwara, Sirohi in
 Rajasthan (except the assets of the first phase of the 2X22.30 MW
 captive thermal power plant comprising of 1X22.30 MW thermal power
 plant, associated equipments and shared facilities which are
 exclusively charged on first charge basis to Syndicate Bank) and of BIL
 both present and future (b) first charge by way of hypothecation on all
 movables of the company at Binanigram, Pindwara, Sirohi in Rajasthan
 and BIL (save and except book debts) including movable machinery,
 machinery spares, tools and accessories present and future, subject to
 charges on specified movables created and/or to be created for securing
 the borrowings for working capital requirements from Banks and ranking
 pari-passu with mortgages and charges created and/or to be created in
 favour of Institutions/Banks/Debentures Trustee(s)/Other Term Lenders
 as detailed in the respective loan agreement(s) deed(s) of
 hypothecation/debenture trust deed(s) executed by the Company except
 the assets imported from M/s F.L.Smidth, Denmark under the Export
 Contract dated 14.09.2005 and defined clearly in the loan agreement
 dated 06.02.2007 entered into between M/s EKF A/S and the Company, (c)
 Corporate Guarantee of BIL, (d) Pari Passu charge on Trust & Retention
 Account and (e)Pari Passu second charge on the immovable assets
 relating to the first phase of the 2x22.3 MW Captive Thermal Power
 Plant comprising of 1x22.3 MW Captive Thermal Power Plant, associated
 equipments and shared facilities.
 
 b) IDBI Bank Ltd. (IDBI) - Zero Coupon Loan (ZCL)- Outstanding Rs.
 680.60 Lakhs (Previous Year Rs. 1,020.90 Lakhsl) Secured / to be
 secured by (a) first mortgage and charge created on immovable
 properties of the Company at Binanigram, Pindwara, Sirohi in Rajasthan
 (except the assets of the first phase of the 2X22.30 MW captive thermal
 power plant comprising of 1X22.30 MW thermal power plant, associated
 equipments and shared facilities which are exclusively charged on first
 charge basis to Syndicate Bank) and of BIL both present and future (b)
 first charge by way of hypothecation on all movables of the company at
 Binanigram, Pindwara, Sirohi in Rajasthan and BIL (save and except book
 debts) including movable machinery, machinery spares, tools and
 accessories present and future, subject to charges on specified
 movables created and/or to be created for securing the borrowings for
 working capital requirements from Banks and ranking pari-passu with
 mortgages and charges created and/or to be created in favour of
 Institutions/Banks/Debentures Trustee(s)/Other Term Lenders as detailed
 in the respective loan agreement(s) deed(s) of hypothecation/debenture
 trust deed(s) executed by the Company except the assets imported from
 M/s F.L.Smidth, Denmark under the Export Contract dated 14.09.2005 and
 defined clearly in the loan agreement dated 06.02.2007 entered into
 between M/s EKF A/S and the Company, (c) Corporate Guarantee of BIL,
 (d)Pari Passu charge on Trust & Retention Account and (e)Pari Passu
 second charge on the immovable assets relating to the first phase of
 the 2x22.3 MW Captive Thermal Power Plant comprising of 1x22.3 MW
 Captive Thermal Power Plant, associated equipments and shared
 facilities.
 
 Zero Coupon Loan (ZCL) is payable in four annual installments
 commencing from 31st March, 2010 and ending on 31st March, 2013. The
 Company has approached IDBI for waiver of the same since as per
 restructuring, the Company became eligible for waiver as it has
 complied with all the terms & conditions of the restructuring
 package.The Company has provided for ZCL and paid the first installment
 due as on 31.3.2010 under protest.
 
 c) IDBI Bank Ltd. (IDBI) - Rupee Term Loans - Outstanding Rs. 4,500
 Lakhs (Previous Year Rs. 6,000 Lakhs)
 
 Secured/to be secured by (a) first mortgage and charge created on
 immovable properties of the Company at Binanigram, Pindwara, Sirohi in
 Rajasthan (except the assets of the first phase of the 2X22.30 MW
 captive thermal power plant comprising of 1X22.30 MW thermal power
 plant, associated equipments and shared facilities which are
 exclusively charged on first charge basis to Syndicate Bank ) and of
 BIL both present and future (b) first charge by way of hypothecation on
 all movables of the company at Binanigram, Pindwara, Sirohi in
 Rajasthan and BIL (save and except book debts) including movable
 machinery, machinery spares, tools and accessories present and future,
 subject to charges on specified movables created and/or to be created
 for securing the borrowings for working capital requirements from Banks
 and ranking pari-passu with mortgages and charges created and/or to be
 created in favour of Institutions/Banks/Debentures Trustee(s)/Other
 Term Lenders as detailed in the respective loan agreement(s) deed(s) of
 hypothecation/debenture trust deed(s) executed by the Company except
 the assets imported from M/s F.L.Smidth, Denmark under the Export
 Contract dated 14.09.2005 and defined clearly in the loan agreement
 dated 06.02.2007 entered into between M/s EKF A/S and the Company, (c)
 Corporate Guarantee of BIL, (d)Pari Passu charge on Trust & Retention
 Account and (e)Pari Passu second charge on the immovable assets
 relating to the first phase of the 2x22.3 MW Captive Thermal Power
 Plant comprising of 1x22.3 MW Captive Thermal Power Plant, associated
 equipments and shared facilities.
 
 d) IDBI - Term Loan - Outstanding Rs. 5,500 Lakhs (Previous Year Rs.
 Nil)
 
 Secured/to be secured by (a) first mortgage and charge created on
 immovable properties of the Company at Binanigram, Pindwara, Sirohi in
 Rajasthan (except the assets of the first phase of the 2X22.30 MW
 captive thermal power plant comprising of 1X22.30 MW thermal power
 plant, associated equipments and shared facilities which are
 exclusively charged on first charge basis to Syndicate Bank) and of BIL
 both present and future (b) first charge by way of hypothecation on all
 movables of the company at Binanigram, Pindwara, Sirohi in Rajasthan
 and BIL (save and except book debts) including movable machinery,
 machinery spares, tools and accessories present and future, subject to
 charges on specified movables created and/or to be created for securing
 the borrowings for working capital requirements from Banks and ranking
 pari-passu with mortgages and charges created and/or to be created in
 favour of Institutions/Banks/Debentures Trustee(s)/Other Term Lenders
 as detailed in the respective loan agreement(s) deed(s) of
 hypothecation/debenture trust deed(s) executed by the Company except
 the assets imported from M/s F.L.Smidth, Denmark under the Export
 Contract dated 14.09.2005 and defined clearly in the loan agreement
 dated 06.02.2007 entered into between M/s EKF A/S and the Company,c)
 Post dated cheques for repayment of Principal
 
 e) Syndicate Bank - Term Loan - Outstanding Rs. 15,000 Lakhs (Previous
 Year Rs. 15,000 Lakhs) Secured / to be secured by a) Corporate
 Guarantee of BIL b) Post dated cheques for repayment of Principal
 
 f) Syndicate Bank - Rupee Term Loan - Outstanding Rs. 1,105.13 Lakhs
 (Previous Year Rs. 2,772.13 Lakhs)
 
 Secured by (a) first Mortgage and exclusive charge created on immovable
 properties of first phase of 2X22.30 MW captive thermal power plant
 comprising of 1X22.30 MW thermal power plant, all associated equipments
 & shared facilities situated at Pindwara, Sirohi, Rajasthan and all
 goods and equipments forming part of the plant both present and future,
 (b) Secured by pari passu first mortgage and charge on underlying land
 and building for the first phase of 2X22.30 MW captive power plant
 comprising of 1x22.30 MW thermal power plant, associated equipments and
 shared facilities situated at Binanigram, Pindwara, Sirohi in Rajasthan
 both present and future,(c) pari passu charge on Trust and Retention
 Account and (d) Corporate Guarantee of BIL.
 
 g) Syndicate Bank - Rupee Term Loan - Outstanding Rs. Nil (Previous
 Year Rs. 1,857 Lakhs)
 
 Secured by a) Pari-passu first mortgage and charge created on immovable
 properties of the Company at Binanigram, Pindwara, Sirohi, in Rajasthan
 (except the assets of the first phase of the 2X22.30 MW captive thermal
 power plant comprising of 1X22.30 MW thermal power plant, associated
 equipments and shared facilities which are exclusively charged on first
 charge basis to Syndicate Bank), both present and future, ranking
 pari-passu with mortgage and charges created and / or to be created in
 favour of Institutions / Banks / Debenture Trustee(s) as detailed in
 respective loan agreement(s) / deed(s) of hypothecation / debenture
 trust deed (s) executed by the Company, (b) pari passu charge on Trust
 & Retention Account and (c) pari passu second charge on immovable
 assets relating to the first phase of the 2x22.3 MW captive thermal
 power plant comprising of 1x22.3 MW captive thermal power plant,
 associated equipments and shared facilities.
 
 h) Punjab National Bank - Short Term Corporate Loan - Outstanding Rs.
 Nil (Previous Year Rs. 5,000 Lakhs)
 
 Secured / to be secured by a) Corporate Guarantee of BIL b) Post dated
 cheques for repayment of Principal
 
 i) Yes Bank Ltd - Term Loan - Outstanding Rs. 5,000 Lakhs (Previous
 Year Rs. 5,000 Lakhs)
 
 Secured/to be secured by a) Corporate Guarantee of Binani Industries
 Limited till the time Yes Bank is included in to working capital
 consortium b) subservient charge on movable assets of the Company c)
 Post dated cheques for Principal repayment.
 
 j) UCO Bank - Term Loan - Outstanding Rs. 6,000 Lakhs (Previous Year
 Rs. 6,000 Lakhs)
 
 Secured/to be secured by a) Subservient Hypothecation charge on the
 plant and machinery of the Company b) Post dated cheques for repayment
 of Principal & Interest
 
 k) Central Bank of India - Term Loan - Outstanding Rs. 5,000 Lakhs
 (Previous Year Rs. 5,000 Lakhs)
 
 Secured/to be secured by a) Subservient Hypothecation charge on the
 movable assets of the Company b) Post dated cheques for repayment of
 Principal & Interest
 
 l) Syndicate Bank - Term Loan - Outstanding Rs. 4,000 Lakhs (Previous
 Year Rs. 2,663 Lakhs)
 
 Secured/to be secured by a) Exclusive first charge on Plant and
 Machinery, Equipments of 4th cement grinding unit situated at
 Binanigram, Pindwara, Sirohi, Rajasthan and b) pari passu first charge
 on the portion of land pertaining to the 4th cement grinding unit
 situated at Binanigram, Pindwara, Sirohi, Rajasthan.
 
 m) State Bank of India - Term Loan - Outstanding Rs. 10,000 Lakhs
 (Previous Year Rs. 10,000 Lakhs)
 
 Secured/to be secured by a) Second pari passu charge on Fixed Assets of
 the Company b) Post dated cheques for repayment of Principal & Interest
 
 n) Punjab National Bank - Term Loan - Outstanding Rs. 5,000 Lakhs
 (Previous Year Rs. Nil)
 
 Secured / to be secured by a) Corporate Guarantee of BIL b) Post dated
 cheques for repayment of Principal
 
 o) Bank of Baroda - Term Loan - Outstanding Rs. 10,000 Lakhs (Previous
 Year Rs. Nil)
 
 Secured/to be secured by a) Subservient charge on fixed assets of the
 Company both Movable & Immovable
 
 p) Central Bank of India - Term Loan - Outstanding Rs. 5,000 Lakhs
 (Previous Year Rs. Nil)
 
 Secured/to be secured by a) First pari passu charge on Fixed Assets of
 the Company
 
 q) IDBI Bank Ltd. (IDBI) - Rupee Term Loan (Rs. 10,000 Lakhs yet to be
 availed) - Outstanding Rs.Nil (Previous Year Rs. Nil)
 
 Secured / to be secured by first charge by way of hypothecation of all
 the movables (save & except book debts) including movable machinery,
 machinery spares, tools & accessories, present & future pertaining to
 the new cement plant along with 25 MW captive power plant & housing
 colony to be set up/ situated at village Lodhana, Taluka Sutrapada,
 Distt. Junagad and a grinding unit at village Jhangar, Dist Bharuch
 both in the State of Gujarat and also pertaining to mining over land
 area of 400 hectares acquired / to be acquired for new cement plant in
 Gujarat subject to prior charges created and / or to be created in
 favour of the bankers on stocks of raw materials, semi finished &
 finished goods, consumable stores, book debts & such movables as may be
 agreed to by the lenders for securing the borrowings for working
 capital requirements in the ordinary course of business.
 
 r) Vijaya Bank - Term Loan (Rs. 4,000 Lakhs yet to be received) -
 Outstanding Rs.Nil (Previous Year Rs.Nil)
 
 Secured / to be secured by a first charge by way of hypothecation of
 all the movables (save & except book debts) including movable
 machinery, machinery spares, tools & accessories, present & future
 pertaining to the new cement plant along with 25 MW captive power plant
 & housing colony situated at village Lodhana, Taluka Sutrapada, Distt.
 Junagad and a grinding unit at village Jhangar, Dist Bharuch both in
 the state of Gujarat and also pertaining to mining over land area of
 400 hectares acquired / to be acquired for new cement plant in Gujarat
 subject to prior charges created and / or to be created in favour of
 the bankers on stocks of raw materials, semi finished & finished goods,
 consumable stores, book debts & such movables as may be agreed to by
 the lenders for securing the borrowings for working capital
 requirements in the ordinary course of business.
 
 C WORKING CAPITAL DEMAND LOANS / CASH CREDIT FROM BANKS
 
 Banks - Outstanding Rs. Nil (Previous Year Rs. 7.58 Lakhs)
 
 Secured against (a) Hypothecation of Raw Materials, Stock in Trade,
 Stock-in-Process, Finished Goods, Consumables, Stores & Spares and
 Packing Material, Book Debts and other receivables belonging to the
 Company, second charge on immovable properties of the Company and
 Corporate Guarantee of BIL and (b) pari passu charge on Trust and
 Retention Account.
 
 16 Selling and Administration Expenses includes Rs. 2,632.47 Lakhs
 (Previous Year Rs. 1,725 Lakhs) paid to Binani Industries Ltd.  (BIL),
 the Holding Company towards corporate support services related to
 Accounting, Finance, Treasury, Forex / Commodity Risk Management,
 Purchases, Audit, Taxation, Corporate Strategy, Media Services, Project
 Management etc. BIL provides the above mentioned services to its
 subsidiaries including the Company on payment of monthly Management
 Services Fees.
 
 Interest and Finance charges are net of Rs. 38.60 Lakhs (Previous Year
 Rs. 527.52 Lakhs), being interest charged by the Company to Binani
 Industries Limited based on balances in the current account.
 
 18 In terms of Section 22 of the Micro, Small and Medium Enterprises
 Development Act 2006, the outstanding to these enterprises are required
 to be disclosed. However, these enterprises are required to be
 registered under the Act. In the absence of the information about
 registration of the enterprises under the above Act, the required
 information could not be furnished.
 
 19 Deferred tax asset in respect of timing difference and unabsorbed
 depreciation and business loss has been recognised to the extent of
 deferred tax liability, representing depreciation, available for set
 off.
 
 20 The Company operates in a single segment i.e., “Production and Sales
 of Cement and Clinker”. Hence no additional disclosure under Accounting
 Standard - 17, “Segment Reporting” is required in these financial
 statements. There is no reportable Geographical Segment.
 
 2 Guarantees given/to be given to Banks by holding company on behalf of
 the Company have been separately disclosed in note no. 9
 
 3 Guarantee given by the company to Banks for loans given to subsidiary
 is disclosed in note no. 3 (xii).
 
 4 Names of related parties and description of relationship:
 
 a) Holding Company : Binani Industries Limited
 
 b) Subsidiaries : Krishna Holdings Pte Limited, Mukundan Holdings
 Limited, Murari Holdings Limited, Swiss Merchandise Infrastructure
 Ltd., Merit Plaza Ltd. and Bhumi Resources ( Singapore ) Pte Limited.
 
 c) Fellow Subsidiary :Binani Zinc Limited (BZL), Goa Glass Fibre
 Limited (GGFL), B T Composites Limited (BTCL), Wada Industrial Estate
 Limited (WIEL), Binani Readymix Concrete Ltd (RMC), BIL Infratech Ltd.
 
 d) Step down Subsidiary : Shandong Binani Rongan Cement Co. Limited and
 Binani Cement Factory LLC, Dubai.
 
 e) Step down Subsidiary of Binani Cement Factory LLC, Dubai. : Binani
 Cement Company WLL, Binani Cement Factory ( SFZ) Ltd., BC Tradelink
 Limited, Binani Cement Factory ( Kenya) Ltd., Binani Cement ( Uganda)
 Ltd., Binani Cement SARL ( Djibouti), Binani Cement Factory Mauritius,
 Binani Cement Co Ltd. ( Sudan). Step-down Subsidiary of Bhumi Resources
 (Singapore) Pte Ltd : PT Anggana Energy Resources. Step-down Subsidiary
 of BIL Infratech Limited : Binani Infrastructure (Mauritius) Limited.
 Step-down Subsidiary of Bhumi Resources (Singapore) Pte Ltd : PT
 Anggana Energy Resources. Step-down Subsidiary of BIL Infratech Limited
 : Binani Infrastructure (Mauritius) Limited. Step-down Subsidiary of
 BZL : R.B.G. Minerals Industries Limited, Binani Energy Private Limited
 (BEPL) and BZ Minerals (Australia) Pty Limited.
 
 f) Key Management Personnel : Mr. Braj Binani, Mr. P. Acharya.
 
 g) Transactions with Binani Metals Ltd., where Key Management Personnel
 have got significant influence : Mr. Braj Binani and Mr.  V.
 Subramanian.
 
 24 EMPLOYEE BENEFITS :
 
 a) Defined Contribution Plans:
 
 During the year the company has recognised Rs. 250.79 Lakhs (Previous
 Year Rs 209.95 Lakhs) in the Profit and Loss Account on account of
 defined contribution plans i.e. Employers Contribution to Provident
 Funds & ESIC.
 
 25 Operating Lease
 
 a) Operating lease payment recognised in Profit & Loss Account
 amounting to Rs. 518.01 Lakhs (Previous Year Rs. 411.34 Lakhs)
 
 b) General description of the leasing arrangement: i) Leased Assets:Car
 and Godowns.
 
 ii) Future lease rentals are determined on the basis of agreed terms.
 
 iii) At the expiry of the lease term, the Company has an option either
 to return the asset or extend the term by giving notice in writing.
 
 26 Misc. Expenses in Schedule 13 includes Rs. 25 Lakhs (Previous Year
 Rs. 25 Lakhs) donation, given to G D Binani Charitable Trust and Rs. 75
 Lakhs (Previous Year Rs. 50 Lakhs) to G. D. Binani Charitable
 Foundation.
 
 27 During the year, the Company has bought back 1,45,00,000 equity
 shares of Rs.10 each, from the existing shareholders, on proportionate
 basis and the said equity shares have been extinguished on 26th August,
 2010. The equity share capital now stands reduced to Rs.18,860 Lakhs
 effective from that date and the premium paid of Rs. 11,600 Lakhs has
 been reduced from the reserves & surplus of the Company.
 
 28 Also during the year, the Holding Company i.e. Binani Industries
 Limited has successfully completed the process of giving exit
 opportunity to the public shareholders of the Company (i.e. BCL) under
 SEBI (Delisting of Equity Shares) Regulations, 2009. Final Application
 for Delisting of Equity Shares has been filed by BCL with Bombay Stock
 Exchange (BSE) and National Stock Exchange (NSE). Approvals of the
 Exchanges are expected shortly.
 
 29 a.  Advance Income tax is net of provision for income tax of Rs.
 12,462.73 Lakhs.
 
 b.  MAT Credit Entitlement is net of Income tax deducted: NIL (Previous
 Year Provision for Income Tax deducted Rs. 4,397.72) per contra.
 
 c.  Provision for income tax is net of Advance Tax: NIL and MAT credit
 entitlement: NIL (Previous Year net of Advance Tax Rs. 8,859.14 Lakhs
 and MAT credit entitlement Rs. 4,397.72 Lakhs deducted per contra).
 
 30 Trade Receivables of Rs. 3,505.19 Lakhs have been netted off against
 advance received towards those sales and the excess of advance over
 receivables amounting to Rs, 3,313.36 Lakhs has been shown under
 current liability. Such advances are settled after full amount is
 received from the debtors.
 
 31 No events or transactions have occurred since the date of Balance
 Sheet or are pending that would have a material effect on the financial
 statements at that date or for the period then ended, other than those
 reflected or fully disclosed in the books of accounts.
 
 32 Previous year/ period figures have been regrouped / rearranged
 wherever necessary to conform with the figures of the current year.
Source : Dion Global Solutions Limited
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