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-11.4 (-4.13%)| Notes to Accounts | Year End : Dec '12 |
(1) GENERAL INFORMATION Goodyear India Limited (the Company), an existing company under the Companies Act - 1956, is a step down subsidiary of The Goodyear Tire & Rubber Company, Akron, Ohio, USA (GTRC). The Company was originally registered and incorporated as a private company on October 10, 1922 and converted into a Public Company on March 24, 1961. The Company is engaged in the business of manufacturing and sale of tyres, tubes, flaps with manufacturing facility at Ballabgarh, Haryana, India. The Company is presently listed with the Mumbai stock exchange (BSE Limited). * During the year 2003, a demand of Rs. 662 lakhs besides interest, was raised by the Haryana Urban Development Authority (HUDA) towards external development charges (EDC) which was challenged by the Company. During June 2009, the court of Hon''ble Additional Civil Judge (Senior Division) (First Court) passed an interim order whereby the Company was directed to pay interest @ 10% for delayed payment amounting to Rs. 5 lakhs and which was duly paid. In the year 2010 the entire demand had been set aside by the First Court. However, HUDA challenged the same before the Court of Hon''ble District & Session Judge, Faridabad. In December 2011 the said appeal was dismissed by Hon''ble District and Session Judge. HUDA has further gone into appeal before the Hon''ble High Court of Punjab and Haryana, to our knowledge the same has not yet been admitted. A. Haryana Local Area Development Tax (HLADT) In the year 2007 Hon''ble Punjab & Haryana High Court at Chandigarh, on a reference from the Hon''ble Supreme Court of India, had held the Haryana Local Area Development Tax (HLADT) as unconstitutional. Subsequently in the year 2008 the state of Haryana introduced Haryana Tax on Entry of Goods Into Local Area Act, 2008 (Entry Tax) by repealing the Haryana Local Area Development Tax Act, 2000 and the same was also held unconstitutional by the Hon''ble Punjab & Haryana High Court. Earlier based on the legal opinion obtained by the Company and management''s assessment, provision towards liability for Haryana Local Area Development Tax (HLADT) for the periods prior to March 2008 aggregating to Rs. 540 lakhs was written back during the year 2008. The amount already paid for HLADT till December 2006 and expensed in earlier years is Rs.1,938 lakhs. Pursuant to an interim order of Hon''ble Supreme Court in October 2009, there is a stay on recovery of tax with a direction to assessees for filing their returns of tax and giving undertaking that in the event of their losing the matter, they will deposit the tax along with the interest at a rate which will be determined by the court. During the year 2010 on the matter being heard by a bench of five Hon''ble judges of the Hon''ble Supreme Court, it was requested to Hon''ble Chief Justice of India to refer the matter to a suitable larger bench for deciding the constitutional validity of the levy The larger bench of Hon''ble Supreme Court is yet to be constituted. However, based on legal opinion obtained by the Company and management assessment, no provision for HLADT and Entry tax has been considered necessary ** These represent the best possible estimates arrived at on the basis of available information. The uncertainties and possible reimbursements are dependent on the outcome of the different legal processes which have been invoked by the Company or the claimants as the case may be and therefore cannot be predicted accurately. The Company engages reputed professional advisors to protect its interests and has been advised that it has strong legal positions against such disputes. (2) Disclosures under Accounting Standard 18: i) List of related parties with whom the Company had transactions during the year. Ultimate holding company : The Goodyear Tire & Rubber Co., Akron, Ohio, USA. (since November 29, 2011) Holding company: The Goodyear Tire & Rubber Co., Akron, Ohio, USA. (until November 28, 2011) Goodyear Orient Company (Private) Ltd., Singapore (since November 29, 2011) Fellow subsidiaries: i) Goodyear SA (Luxembourg) ii) Goodyear Middle East, FZE iii) Goodyear Dalian Tire Company Limited iv) Goodyear Dunlop Tires France v) Goodyear (Thailand) Public Company Limited vi) Goodyear do Brasil Produtos de Borracha Ltda. vii) Goodyear De Colombia S.A viii) PT. Goodyear Indonesia Tbk ix) Goodyear South Africa (Pty.) Limited x) Goodyear Philippines Inc. xi) Goodyear Singapore Tyres xii) Goodyear & Dunlop Tyres (NZ) Limited. xiii) Goodyear Marketing & Sales SDN Bhd xiv) TC Debica SA xv) Goodyear & Dunlop Tyres (Australia) Pty Limited. xvi) Goodyear South Asia Tyres Private Limited xvii) Goodyear Earthmover Pty Limited. xviii) Goodyear International Corporation xix) Goodyear Dunlop Tires Operations SA xx) Compania Goodyear Del Peru SA xxi) Goodyear Nippon Giant (Japan NGT) xxii) Goodyear SA R&D (Luxembourg) xxiii) Goodyear Chile S.A.I.C xxiv) Goodyear Dunlop Tires Germany Key management personnel: i) Mr. Rajeev Anand ii) Mr. Yashwant Singh Yadav iii) Mr. Mark C Ravunni (Effective July 16, 2012) iv) Mr. Jean Philippe Lecerf (upto July 15, 2012) (3)Leases Cancellable : The Company''s cancellable operating lease arrangement mainly consists of residential premises, warehouses and offices taken on lease for periods between 1-10 years. Terms of lease include terms for renewal, increase in rents in future periods and terms of cancellation. (4) The management is of the opinion that its international transactions with associated enterprises have been undertaken at arms'' length basis at duly negotiated prices on usual commercial terms. The Company has submitted the Accountant''s Report in form 3CEB upto the financial year ended on March 31, 2012 as required under section 92E of the Income Tax Act, 1961. In respect of the proposed transfer pricing adjustments suggested by the Assessing Officers in the Assessments already completed, the matters are pending before the Appelllate Authorities / Dispute Resolution Panel. Based on expert opinion the management is of the view that in all likelihood there will be no material liability. (5) Disclosures under the Micro, Small & Medium Enterprise Development Act, 2006 (as amended in Schedule VI to the Companies Act, 1956 vide notification dated November 16, 2007) based on the information available with the company: i) Delayed payments due as at the end of accounting year on account of Principal - Rs. Nil (Nil) and Interest due thereon - Rs. Nil (Nil) ii) Total interest paid on all delayed payments during the year under the provisions of the Act - Rs. Nil (Nil) iii) Interest due on principal amounts paid beyond the due date during the year but without the interest amounts under this Act - Rs. Nil (Nil) iv) Interest accrued but not due- Rs. Nil (Nil) v) Total Interest Due but not paid - Rs. Nil (Nil) (6)In accordance with AS-15 (revised) Employee Benefits, the Company has calculated the various benefits provided to employees as under: A. Defined Contribution Plans a) Superannuation Fund b) Employer''s Contribution to Employee state insurance (State Plan) c) Employer''s contribution to Employee''s Pension Scheme 1995. * (State plan) (7) Stock and book debts are subject to a maximum charge of Rs.3,500 lakhs (Rs. 3,500 lakhs) for all credit facilities / guarantees sanctioned by BNP Paribas Bank. (8) In the Board Meeting held on Feb. 21, 2011, the Board considered and approved the sale of a part of land located in Ballabgarh, subject to obtaining of necessary approvals for such sale. In the absence of said approvals, pursuant to a circular resolution passed by the Board of Directors on June 21, 2012, the Board considered and terminated the process of sale. During October, 2012 the Company has appropriately dealt with and replied to a notice received for a full refund of deposit along with interest and damages. There has not been any development thereafter. (9) The financial statements for the year ended December 31, 2011 had been prepared as per the then applicable, pre-revised Schedule VI to the Companies Act, 1956. Consequent to the notification of Revised Schedule VI under the Companies Act, 1956, the financial statements for the year ended December 31, 2012 are prepared as per Revised Schedule VI. Accordingly, the previous year figures have also been regrouped and reclassified to conform to this year''s classification. The adoption of Revised Schedule VI for previous year figures does not impact recognition and measurement principles followed for preparation of financial statements. Figures in brackets, wherever given are in respect of previous year unless stated otherwise. |
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| Source : Dion Global Solutions Limited | |
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