1. CONTINGENT LIABILITIES
Particulars 2010-2011 2009-2010
Bank Guarantees and Continuity
Bonds issued 6,083,984,801 5,322,800,000
in favour of The President of
India through the Commissioners
of Customs and in favour of
Sales Tax Authorities.
Bank Guarantee and Continuity
Bonds issued 2,170,000,000 58,000,000
in favour of Punjab State
Container and Warehousing
Corporation Limited
with respect to Operations
and Management Contract of
their CFS at Dronagiri Node,
Nhava Sheva.
Counter indemnity for guarantees
issued by 1,141,225,586 2,734,621,437
bank for bans taken by
subsidiaries and for
guarantees given by banks
to Commissioner of Customs and
to State Pollution Control Board
for Subsidiaries.
Claims made by the Party not
acknowledged as debts
- Container Corporation of
India Limited Not Ascertainable Not Ascertainable
(Refer Note a below)
- Others 9,357,714 9,757,714
Disputed Service Tax
Claims (including Interest
and Penalty to the extent
ascertainable) not 32,581,255 32,581,255
acknowledged as debts
Disputed Income Tax Claims
(including interest
and Penalty to the extent a
scerta inable) not 686,700,971 Nil
acknowledged as debts
Disputed Income Tax Deducted
at Source Claims (including
Interest and Penalty to the
extent ascertainable) not
acknowledged as debts 4,854,380 Nil
Total 10, 128,704,707 8,157,760,406
Notes:
(a) The Company (GDL) and its subsidiary company, Gateway Rail
fireight Limited (GRFL) are involved in an arbitration proceeding with
Container Corporation of India Limited (Concor) with respect to
agreements entered into by the parties for operation of container
trains from the Inland Container Depot and Rail Siding of the Company
at Garhi Harsaru, Gurgaon. Concor has raised claims on GDL and GRFL on
various issues in respect to the aforesaid agreements. Based on legal
opinion, the Management has taken a view that these claims are at a
preliminary stage and the question of maintainability of the alleged
disputes as raised by Concor under the aforesaid agreements is yet to
be determined and are not sustainable. Pending conclusion of the
arbitration, the parties are maintaining status quo with respect to
the operations at Garhi Harsaru, Gurgaon.
(b) There was a fire at one of the warehouses of Punjab Conware
Container fireight Station for which the Company is the Operations and
Management Operator for 15 years with effect from February 1, 2007.
The extent of damage / loss to the warehouses and the cargo stored in
the warehouse is being assessed by surveyors appointed by the Insurers.
The Company is in the process of compiling the necessary information,
assessing the situation and lodging insurance claims. Pending
assessment of surveyor, the Company has written-off other equipments,
furniture and fixtures aggregating Rs. 2,148,386 during the financial
year 2009-2010. Further, loss of building and electrical installations
aggregating Rs. 7,028,431 (Previous year: Rs. 7,028,431) has been
disclosed as ‘Claim Recoverable'' under other current assets.
2. CAPITAL COMMITMENTS:
Estimated amount of contracts (net of advances of Rs. 2,557,393;
Previous year: Rs. 3,809,156) remaining to be executed on capital
account and not provided for is Rs. 1,033,907 (Previous year: Rs.
83,889,241).
3. Based on opinions obtained from lawyer and tax consultant, the
Management has taken a view that provisions of Section 80-IA (4) (i) of
the Income Tax Act, 1961, of India (the Income Tax Act) have been
fulfilled and the Company is eligible for tax holiday under the Income
Tax Act in respect of the Container fireight Station activities.
Consequently, the income-tax liability for the year ended March 31,
2011 has been determined under Minimum Alternate Taxation (MAT)
pursuant to Section 115JB of the Income Tax Act. Considering the
balance term of Section 80-IA (4) (i) of the Income Tax Act and based
on the assessment of future profitability, the Company has taken MAT
credit of Rs. 107,400,000 (Previous Year: Rs. 190,000,000) during the
current year, as MAT credit can be set-off against future tax
liability. Accordingly, Rs. 297,400,000 (Previous Year: Rs.
190,000,000) is carried as Loans and Advances as at March 31, 2011.
During the year, Deputy Commissioner of Income Tax has issued an order
under Section 143 (3) of the Income Tax Act, for the Assessment Year
2008-2009, disallowing the claim of deduction by the Company under
Section 80-IA (4) (i) of the Income Tax Act and issued notice of demand
under Section 156 of the Income Tax Act for recovery of additional
income tax and interest aggregating Rs. 240,666,597 and initiated
proceedings to levy penalty. The Company has filed an appeal against the
assessment order before Commissioner of Income Tax (Appeals). Pending
conclusion of the appeal, the Company has agreed to deposit 30% of the
demand before September 2011, of which Rs. 40,000,000 has been
deposited till May 31, 2011.
During the year, Deputy Commissioner of Income Tax has issued notices
under Section 148 of the Income Tax Act, proposing to re-assess the
Income for Assessment Years 2004-2005 to 2007-2008, disallowing the
deduction under Section 80IA (4) (i) of the Income Tax Act. The Company
expects tax payable aggregating Rs. 446,034,374 (excluding interest) on
the amount disallowed.
Based on Tax Consultant''s opinion, the Management is of the opinion
that the Company is entitled to deduction under Section 80-IA (4) (i)
of the Income Tax Act for the Assessment Years 2004-2005 to 2008- 2009
and hence, no provision for the aforesaid demand / notices has been
made for the year ended March 31, 2011.
4. certificates for tax deducted at source aggregating Rs. 8,467,633
(Previous Year: Rs. 11,135,127) are in the process of being collected
from customers and banks. The Management expects to collect these
certificates prior to fling of income-tax return and hence, no provision
has been considered necessary by the Management.
5. SEGMENT REPORTING
Primary Segment:
In accordance with Accounting Standard 17 – Segment Reporting notified
under Section 211(3C) of the Act, the Company has determined its
business segment as Container fireight Station. Since 100% of the
Company''s business is from Container fireight Station, there are no
other primary reportable segments. Thus, the segment revenue, segment
results, total carrying amount of segment assets, total carrying amount
of segment liabilities, total cost incurred to acquire segment assets,
total amount of charge for depreciation during the year is as reflected
in the Financial Statement as of and for the year April 1, 2010 to
March 31, 2011.
Secondary Segment:
The Company''s operations are such that all activities are confined only
to India and hence, there is no secondary reportable segment relating
to the Company''s business.
6. RELATED PARTY DISCLOSURES
Related Party Disclosures, as required by Accounting Standard 18 –
Related Party Disclosures, notified under Section 211(3C) of the Act
are given below:
Subsidiary Companies:
i. Gateway East India Private Limited (GEIPL)
ii. Gateway Distriparks (South) Private Limited (GDSPL)
iii. GatewayRail fireight Limited (GRFL)
iv. Gateway Distriparks (Kerala) Limited (GDKL)
v. Snowman Logistics Limited (SLL) (Formerly known as Snowman Frozen
Foods Limited)
vi. Container Gateway Limited (CGL) (Subsidiary of GRFL)
Key Management Personnel:
Mr. Prem Kishan Gupta,
Deputy Chairman and Managing Director
15. DISCLOSURE FOR AS 15 (REVISED)
The Company has classified various benefits provided to employees as
under:-
I. Defined Contribution Plans
a. Provident Fund
b. State Defined Contribution Plan
- Employers'' Contribution to Employee''s Pension Scheme 1995
During the year, the Company has recognised the following amounts in
the profit and Loss Account:
- Employers'' Contribution to Provident Fund * Rs. 4,619,848 (Previous
year: Rs. 3,834,186)
[Includes Employers'' Contribution to Employee''s Pension Scheme 1995] *
Included in contribution to Provident and other Funds (Refer Schedule
N)
Other Employee benefit Plan:
The liability for leave encashment and compensated absences as at year
end is Rs. 6,684,008 (Previous year: Rs. 5,195,760).
7. There are no Micro and Small Enterprises, to whom the Company owes
dues, which are outstanding for more than 45 days at the Balance Sheet
date. The information regarding Micro and Small enterprises have been
determined to the extent such parties have been identified on the basis
of information available with the Company. This has been relied upon by
the Auditors.
8. GatewayRail fireight Limited (GRFL), subsidiary of the Company had
entered into an agreement with Container Corporation of India Limited
to form a Joint Venture Company (JV), to operate the Company''s Inland
Container Depot at Garhi Harsaru. Pending formation of the JV, the
Company has transferred the operations including receivables and
payables under an Operations and Management arrangement to GRFL with
effect from April 1, 2007.
9. The Company has been legally advised that necessary prior approval
of the Central Government of India is not necessary under Section 297
of the Act with respect to providing Handling Income services to
private limited companies where a Director of the Company is a
Director.
10. During the year, the Global Depository Receipts (GDR) of the
Company were delisted on Luxembourg Stock Exchange and de-admitted from
trading on London Stock Exchange.
11. The information required on other matters pursuant to clauses 3, 4C
and 4D of Part II of Schedule VI to the Act, are either nil or not
applicable to the Company during the year.
12. Previous year''s figures have been rearranged to conform with current
year''s presentation, where applicable.
Signatures to Schedules A to Q forming part of the Accounts. |