1. Loan Funds:
(a) External Commercial Borrowing from DBS Bank is secured by first
charge on the specific fixed assets of the Kandla SEZ.
(b) Working Capital facilities are secured against hypothecation of
stocks and book debts of the Company and further secured by way of
second charge on all the fixed assets (excluding specific fixed assets)
of the Company. The borrowings are guaranteed by Directors and their
relatives.
2. Contingent liabilities not As at As at
provided for in respect of: 31.03.2011 31.03.2010
(Rs. in Lac) (Rs. in Lac)
(a) Disputed Tax and other Matters
Income Tax 21.14 –
Sales Tax 114.82 –
Lease Tax 16.34 16.34
Claims not acknowledged
as debts – 1.74
The Company has taken legal and other steps necessary to protect its
position in respect of these claims, which in its opinion, based on
professional advice are not expected to devolve. It is not possible to
make any further determination of the liabilities which may arise or
the amounts which may be refundable in this respect.
(b) Corporate Guarantees given on
behalf of subsidiaries and
step down subsidiaries 34,380.50 36,112.00
(Amounts outstanding
there against) 10,848.92 19,247.55
3. (a) Sundry Creditors in Schedule L to the Accounts include (i)
Rs. 16.77 Lac (Rs. 36.31 Lac as at 31.03.2010) due to micro and small
enterprises registered under the Micro, Small and Medium Enterprises
Development Act, 2006 (MSME) and (ii) Rs. 6,232.34 Lac (Rs. 9,226.86
Lac as at 31.03.2010) due to other creditors.
(b) No interest is paid / payable during the year to any enterprise
registered under MSME.
(c) The above information has been determined to the extent such
parties could be identified on the basis of the information available
with the Company regarding the status of suppliers under the MSME.
4. During an earlier year, the Company had raised a sum of USD 35
Million by issue of Zero Coupon Foreign Currency Convertible Bonds
(FCCB) which is due in 2012. The principal terms of the FCCBs are given
below:
(i) The bond holders can exercise the option to convert into equity
shares at any time after 41 days from the date of issue, upto seven
days prior to maturity, at a fixed conversion price of Rs. 303.36 per
share with a fixed rate of Rs. 39.84 to USD 1 (i.e. a conversion ratio
of 13,133.1279 shares per bond).
(ii) On expiry of one year from the date of issue of the bonds, i.e. on
9th October, 2008, the conversion price has been reset to Rs. 271.32
(i.e. a conversion ratio of 14,684.0103 shares per bond).
(iii) The Company may opt for early redemption of the bonds at a
redemption premium that gives the bond holder a gross yield of 7.25%
per annum (compounded half yearly), provided bonds outstanding are less
than 10 per cent of the bonds originally issued.
(iv) The Company may at its absolute discretion, at any time on or
after 3 years from the date of issue of bonds, convert all outstanding
bonds, provided the closing price of shares, during the specified
period, is at least 130 per cent of the applicable early redemption
amount.
(v) Bonds outstanding on the maturity date will be redeemed at
142.8010% of the principal amount.
Due to variables currently indeterminable, the premium on actual
redemption is not computable and hence will be recognised if and as and
when the redemption option is exercised. Such premium shall be first
charged to the available balance in securities premium account.
5. Related parties disclosures: 1. Relationships:
(a) Subsidiary Companies:
EKC Industries (Tianjin) Co. Ltd., China
EKC International FZE, UAE
EKC Industries (Thailand) Co. Ltd., Thailand
Calcutta Compressions & Liquefaction Engineering Ltd. (CC&L)
(b) Step Down Subsidiary Companies:
EKC Hungary Kft, Hungary
CP Industries Holdings, Inc., USA
(c) Other related parties where control exists:
Everest Kanto Investment and Finance Private Limited
Khurana Gases Private Limited
Medical Engineers (India) Limited
Khurana Fabrication Industries Private Limited
Khurana Exports Private Limited
Everest Industrial Gases Private Limited
Khurana Charitable Trust
Khurana Education Trust
G.N.M. Realtors Private Limited
Ukay Valves & Founders Private Limited
(d) Key Management Personnel:
Mr. Prem Kumar Khurana
Mr. Puneet Khurana
Mr. Pramod Samvatsar
(e) Relatives of Key management personnel and their enterprises, where
transactions have taken place:
Mr. S.S. Khurana
Mrs. Suman Khurana
Note: Related party relationship is as identified by the Company and
relied upon by the Auditors.
6. Bonds / Undertakings given by the Company under concessional duty
/ exemption schemes to government authorities (net of obligations
fulfilled) aggregate Rs. 2,045.47 Lac as at the close of the year
(31.03.2010 Rs. 5,874.44 Lac).
7. In accordance with Accounting Standard (AS) 15 - Employee
Benefits, an amount of Rs. 126.42 Lac (Previous Year Rs. 99.53 Lac) as
contribution towards defined contribution plans is recognised as
expense in the Profit and Loss Account.
8. In accordance with Accounting Standard – 17 Segment Reporting
segment information has been given in the consolidated financial
statements of the Company and therefore, no separate disclosure on
Segment information is given in these financial statements.
9. Considering foreign exchange exposures and the volatility in
exchange rates, mark to market losses during the year on outstanding
foreign currency derivative contracts to hedge highly probable forecast
transactions have been charged to the Profit and Loss Account,
discontinuing the Hedge Accounting principles followed upto 31st March,
2010. Accordingly, debit balance in the Hedging Reserve, as at 31st
March, 2011, representing mark to market losses, considered as probable
hedge transactions as at 31st March, 2010, contracts of which are
maturing upto December, 2012, stands at Rs. 365.43 Lac.
10. The Company has an investment of Rs. 200 Lac in 2,000,000 Equity
Shares of GPT Steel Industries Private Limited (GPT). As per the
latest audited financial statements of GPT, the networth has fully
eroded. The Company has during the year made an assessment and has
accordingly provided for diminution in value of investments made in
GPT.
11. The Company has investments of Rs. 238.88 Lac in and loans and
other receivables aggregating Rs. 853.34 Lac recoverable from Calcutta
Compressions & Liquefaction Engineering Limited (CC&L), a subsidiary
with a majority stake. The networth of CC&L has fully eroded mainly on
account of pre-operating losses. In the opinion of the management,
after considering the projected earnings and cash flows of CC&L, the
improvements in its operational performance during the last quarter of
the current financial year and the intention to hold this investment on
a long term and strategic basis, no provision for diminution in the
value of investment or for losses on account of loans and other
receivables is considered necessary, at present.
12. As a part of its global expansion plans, the Company has formed a
wholly owned subsidiary in Thailand viz., EKC Industries (Thailand)
Company Limited on 7th October, 2010. The said Company will cater to
the needs of Thailand market, since Thailand is promoting Natural Gas
Vehicles in a big way.
13. The Company, during Financial Year 2009 - 2010, changed its method
of providing for depreciation on fixed assets, from Written Down Value
Method (WDV) to Straight Line Method (SLM). Accordingly, depreciation
was recalculated in accordance with SLM from the date the assets were
put to use and surplus of Rs. 1,986.69 Lac (net of tax) in respect of
earlier years was credited to the Profit and Loss Account.
14. With a view to consolidate and promote synergy amongst similar
facilities and effective utilisation of the manufacturing facilities,
it was considered prudent to shift the entire activities of Aurangabad
plant to larger unit located at Gandhidham, during the quarter ended
31st December, 2010.
15. Previous year figures have been regrouped / recast wherever
necessary.
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