1 The Company received a demand for Rs. 71,79 lakhs from the Central
Government contained in its orders dated 18th June, 1990 and 16th
November, 1990 in respect of prices relating to Betamethasone bulk
drugs and formulations therefrom. These orders were challenged by the
Company by a writ petition in the Honble High Court at Delhi. After
hearing the submissions of the Company, as well as the Government, in
the writ petition, the Honble High Court by its judgement and order
dated 19th October, 2001, was pleased to set aside the impugned demands
raised by the Central Government. The claim to interest made by the
Government vide its letter dated 29th October, 1996, demanding interest
of Rs. 117,66 lakhs for the period 12th May, 1981 to 17th October, 1996
thereby, does not survive. The Honble High Court has also directed
that the Company be given an opportunity to present its case with full
facts to enable the Central Government to raise a fresh demand. The
Company has sent a letter to the Government giving details of the
quantities based on which the demand has to be raised as per the
judgement of the Honble High Court at Delhi and has intimated to the
Government that according to the Company, after considering the set
offs which the Company has claimed, the amount payable would be Rs.
18,68 lakhs. The Company had accrued a liability of Rs. 18,68 lakhs of
which an amount of Rs. 8,19 lakhs has been paid to the Government in
the earlier years. Accordingly, the Company has retained the liability
of Rs. 10,49 lakhs in the Balance Sheet.
The Central Governments special leave petition in the Supreme Court
against the Delhi High Courts judgement and order dated 19th October,
2001 was admitted. The Supreme Court has heard the special leave
petition and reserved orders.
2 Matters in respect of erstwhile Burroughs Wellcome (India) Limited
(BWIL):
(i) The Government of India, Ministry of Chemicals and Fertilisers, New
Delhi, passed a final order on 21st July, 1993, directing erstwhile
BWIL to pay an amount of Rs. 1,91.15 lakhs along with interest due
thereon from the date of default into the Drugs Prices Equalisation
Account (DPEA) in respect of a bulk drug procured by erstwhile BWIL
during the period April 1981 to April 1983.
Erstwhile BWIL filed a writ petition in August 1993 which was admitted
by the Bombay High Court. After hearing both the parties, the High
Court granted an interim injunction restraining the Government of India
from taking any action in furtherance of and/or implementation of the
order dated 21st July, 1993 or from in any manner seeking to compel
erstwhile BWIL to deposit any amount into the DPEA, pending the hearing
and final disposal of the petition on the condition that erstwhile BWIL
furnishes a bank guarantee for Rs. 2,00 lakhs from a nationalised bank
and undertakes to pay the amount demanded with interest at the rate of
20% per annum in case the petition fails.
Erstwhile BWIL had accordingly furnished the required bank guarantee.
If calculated on the basis of correct data, taking into account set
offs claimable for earlier years for which data has been provided by
erstwhile BWIL, no amount will be payable by the Company and
accordingly no provision in that respect is considered necessary. The
Companys stand that the demand is not sustainable has been confirmed
by an eminent counsel. The Government of Indias application in the
Supreme Court praying that the writ petition be transferred to the the
Supreme Court from the Bombay High Court was not allowed and the
Companys writ petition will now be heard by the Bombay High Court.
(ii) Erstwhile BWIL had made an application to the Government of India
for approval under Section 198(4) of the Companies Act, 1956, in
respect of payment of remuneration to the Managing Director and three
whole time Directors amounting to Rs. 10.93 lakhs for the year ended
31st August, 1986, which was in accordance with the minimum
remuneration provided in the agreement entered into with them prior to
erstwhile BWIL becoming public, which required such Government of
Indias sanction. The approval is still awaited.
(iii) Remittances in transit represent monies deposited by customers in
favour of erstwhile BWIL with banks in Zambia - Rs. 0.31 lakhs and in
Tanzania - Rs. 5.61 lakhs, the remittance of which is pending clearance
of the authorities in those countries.
3 Matters in respect of erstwhile SmithKline Beecham Pharmaceuticals
(India) Limited:
(i) Rs. 1,44.44 lakhs received from Beckman Instruments International
S.A. on account of disputed alleged additional commission has been
included under Sundry Creditors and Income tax paid thereon aggregating
to Rs. 64.77 lakhs has been included under Loans and Advances. The
Company is contesting the matter with the concerned authorities.
(ii) Refund of surtax Rs. 96.81 lakhs, and interest thereon amounting
to Rs. 48.52 lakhs, received during 1994, have not been adjusted
against the provision for tax in the books of account and recognised as
income respectively, since the Income tax department had filed a
reference application against the income tax tribunals order which was
pending before the High Court of Kamataka. The Company has received an
order dated 18th April, 2007 from the High Court of Karnataka which is
partially in the Companys favour. On the basis of the aforesaid order,
Income Tax Appellate Tribunal (ITAT), Bangalore will pass an order
giving directions. On receipt of the ITAT order, the Company will take
appropriate steps in the matter.
Previous
year
Rupees in Rupees in
lakhs lakhs
4 Contingent Liabilities not provided for:
(i) Cheques discounted with banks 2,20.69 3,97.41
(ii) In respect of claims made against
the Company not acknowledged as
debts by the Company
Sales tax matters 25,99.21 29,73.24
Excise matters 4,38.97 7,98.19
Service tax matters 1,29.20 2,42.18
Labour matters 41,65.07 37,41.03
Other legal matters 10,63.57 8.62.09
which net of current tax amount to 56,07.07 56.87.90
(iii) Taxation matters in respect of which
appeals are pending Tax on matters in
dispute 124,59.24 110,78.74
Other consequential matters (net of tax) 3,74.39 3,74.39
Notes:
Future cash outflows in respect of (i) above are dependant on the
return of cheques by banks.
Future cash outflows in respect of (ii) and (iii) above are
determinable on receipt of decisions / judgements pending with various
forums / authorities.
5 There are no delays in payments to Micro and Small enterprises as
required to be disclosed under the Micro, Small and Medium Enterprises
Development Act, 2006.
The above information and that given in Schedule 12 - Current
Liabilities regarding Micro and Small enterprises has 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.
6 The tax year for the Company being the year ending 31st March, the
provision for taxation for the year is the aggregate of the provision
made for the three months ended 31st March, 2010 and the provision
based on the figures for the remaining nine months up to 31st December,
2010, the ultimate tax liability of which will be determined on the
basis of the figures for the period 1st April, 2010 to 31st March,
2011.
7 Other income in Schedule 14 includes profit on sale / redemption of
long term investments Rs. 1.81 lakhs (Previous year - Nil).
8 The recurring expenditure on research and development charged off to
revenue amounts to Rs. 4,43.39 lakhs (Previous year - Rs. 4,66.82
lakhs).
9 Reimbursement / (Recovery) of expenses (net) in Schedule 16 are
amounts recovered from GlaxoSmithKline Asia Private Limited Rs. 2,63.35
lakhs (Previous year - Rs. 7,02.62 lakhs), from subsidiary company Rs.
4,88.05 lakhs (Previous year - Rs. 5,12.25 lakhs), from Stiefel India
Private Limited Rs. 13.85 lakhs (Previous year - Nil) , from
GlaxoSmithKline Pte Limited Rs. 59.41 lakhs (Previous year - Rs. 28.03
lakhs), from GlaxoSmithKline S.A.E - Nil (Previous year - Rs. 15.29
lakhs), from GlaxoSmithKline Pharmaceutical Sdn Bhd Rs. 14.51 lakhs
(Previous year - Rs. 25.54 lakhs) and paid to GlaxoSmithKline Consumer
Healthcare Limited Rs. 8,95.89 lakhs (Previous year - Rs. 8,89.83
lakhs) towards the value of costs apportioned, in accordance with the
agreements on allocation of expenses with the companies.
The disclosures as required by Accounting Standard 15, Employee
benefits (revised 2005), notified under sub-section (3C) of Section 211
of the Companies Act, 1956 are as given below :
1 Brief description of the Plans
The Company has various schemes for long-term benefits such as
provident fund, superannuation, gratuity and post retirement medical.
In case of funded schemes, the funds are recognised by the Income tax
authorities and administered through trustees / appropriate
authorities. The Companys defined contribution plans are
superannuation and employees pension scheme (under the provisions of
the Employees Provident Funds and Miscellaneous Provisions Act, 1952)
since the Company has no further obligation beyond making the
contributions. The Companys defined benefit plans include gratuity and
post retirement medical. In terms of the Guidance on implementing the
revised AS 15, issued by the Accounting Standards Board of the
Institute of Chartered Accountants of India, the provident fund set up
by the Company is treated as a defined benefit plan since the Company
has to meet the interest shortfall, if any. However, as at the year
end, no shortfall remains unprovided for. As advised by an independent
actuary, it is not practical or feasible to actuarially value the
liability considering that the rate of interest as notified by the
Government can vary annually. Further, the pattern of investments for
investible funds is as prescribed by the Government. Accordingly, other
related disclosures in respect of provident fund have not been made.
The employees of the Company are also entitled to leave encashment and
compensated absences as per the Companys policy.
3 The liability for leave encashment and compensated absences as at
year end is Rs. 23,82.44 lakhs (Previous year - Rs. 19,01.89 lakhs).
10 The Company has only one reportable segment which is
Pharmaceuticals. Accordingly, no separate disclosures of segment
information have been made.
11 Related Party disclosures
Related party disclosures, as required by Accounting Standard 18,
Related Party Disclosures, notified under sub-section (3C) of Section
211 of the Companies Act, 1956 are given below:
1 Relationships (during the year):
(i) Shareholders (the GlaxoSmithKline (GSK) Group shareholding) in the
Company
Glaxo Group Limited, U.K.
Eskaylab Limited, U.K.
Burroughs Wellcome International Limited, U.K.
Castleton Investment Limited, Mauritius
Holding company / ultimate holding company of the above shareholders *
GlaxoSmithKline pic, U.K.
GlaxoSmithKline Finance pic, U.K.
SmithKline Beecham pic, U.K.
Wellcome Limited, U.K.
Wellcome Foundation Limited, U.K.
Wellcome Consumer Healthcare Limited, U.K.
* no transactions during the year
(ii) Subsidiary of the Company
Biddle Sawyer Limited, a wholly owned subsidiary of the Company
(iii) Other related parties in the GlaxoSmithKline (GSK) Group where
common control exists and with whom the Company had transactions during
the year:
SmithKline Beecham Private Limited, Sri Lanka
GlaxoSmithKline Pakistan Limited, Pakistan
GlaxoSmithKline Asia Private Limited, India
GlaxoSmithKline Consumer Healthcare Limited, India
GlaxoSmithKline Biologicals S.A., Belgium
GlaxoSmithKline Services Unlimited, U.K.
Laboratoire GlaxoSmithKline S.A.S., France
GlaxoSmithKline Pharmaceutical Sdn Bhd, Malaysia
GlaxoSmithKline Export Limited, U.K.
GlaxoSmithKline Pte Limited, Singapore
GlaxoSmithKline Australia Pty Limited, Australia
GlaxoSmithKline Trading Services Limited, Ireland
GlaxoSmithKline LLC, U.S.A
Stiefel India Private Limited, India
US Pharmaceuticals, U.S.A.
(iv) Directors and members of GSK India Management Team and their
relatives:
Dr. A. Banerjee Mr. P.V. Nayak
Mr. A.M. Nimbalkar (up to 27th April, 2010) Mr. R. Bartaria
Mr. C.T. Renganathan Mr. R.C. Sequeira
Mr. D.S. Parekh Mr. R.R. Bajaaj
Mr. D. Sundaram Mr. S. Harford
(w.e.f 28th October, 2010) *
Dr. H.B. Joshipura Dr. S. Joglekar
Mr. H. Buch Mr. Sunder Rajan
Mr. M.B. Kapadia Mr. S. Khanna
Mr. M.K. Vasanth Kumar Mrs. S. Patel
Mr. N. Kaviratne Mr. V. Narayanan
Mr. P. Bhide (w.e.f 28th October, 2010) Mr. V. Thyagarajan
* no transactions during the year
12 Disclosures as required by Accounting Standard 19, Leases,
notified under sub-section (3C) of Section 211 of the Companies Act,
1956, are given below:
(i) The Company has taken various residential, office and godown
premises under operating lease or leave and licence agreements. These
are not non-cancellable and range between 11 months and 3 years under
leave and licence, or longer for other leases and are renewable by
mutual consent on mutually agreeable terms. The Company has given
refundable interest free security deposits under certain agreements.
(ii) Lease payments are recognised in the Profit and Loss Account under
Rent in Schedule 16.
13 Amount recognised as expense for the year under the long-term
incentive plan is Rs. 1,29.14 lakhs (Previous year - Rs. 1,72.64
lakhs).
The total carrying amount of the corresponding liability at the year
end is Rs. 3,06.43 lakhs (Previous year - Rs. 3,21.26 lakhs).
14 Provision for taxation represents provisions in excess of payments
of Rs. 2243,53.05 lakhs and includes a net tax refund with interest of
Rs. 110,35.00 lakhs which has been held as provision pending the final
outcome of a litigation. (Previous year - Rs. 1938,85.90 lakhs and
includes a net tax refund with interest of Rs. 110,35.00 lakhs which
has been held as provision pending the final outcome of a litigation).
15 Fringe benefits tax represents payments in excess of provisions of
Rs. 30,37.48 lakhs (Previous year - Rs. 30,37.48 lakhs).
16 Previous years figures have been regrouped wherever necessary.
Signatures to the Schedules 1 to 17 which form an integral part of the
Financial Statements.
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