1. The Taj Mahal Palace in Mumbai was attacked by terrorist on
November 26, 2008 amongst other targets in the city, due to which the
heritage wing of the property was severely damaged. The entire hotel
has since been restored back and is fully operational. The cost of
reinstatement of damage will be recovered from the insurance company,
subject to the adjustment on account of expected deductions from claim
amounts. The fixed assets / facilities that have been put to use are
capitalised at its carrying value on the date of the loss, increased
for the expected deductions from claim amounts. The Company is also
insured for Loss of profits to cover the period of interruption for up
to 12 months from the date of incident against which it has recognised
an amount of Rs. Nil (Previous Year Rs. 64.35 crores) towards loss of profi
t due to business interruption on an estimated basis. The Company is in
an advanced stage of finalisation of the claim with the insurers and
has so far received Rs. 200 crores as advance payment towards claim
settlement including Rs. 20 crores received during the current financial
year.
2. Preferential Allotment
The Company has allotted on preferential basis to Tata Sons Ltd, the
Promoter, following securities on December 23, 2010:
3,60,00,000 Ordinary Shares of the face value ofRs. 1/- each at a premium
ofRs. 102.64 per share aggregating Rs. 373.10 crores.
4,80,00,000 Warrants with an option to subscribe to one Ordinary Share
of the face value of Rs. 1/- each at a premium ofRs. 102.64 per share for
every warrant held. The option shall be exercisable after April 1,
2011, but not later than 18 months from the date of issue of the
Warrants i.e June 23, 2012. Accordingly, the Company has received Rs.
124.37 crores, as 25% advance against the warrants from the Promoter.
Consequently, the Share Capital of the Company increased from Rs. 72.35
crores to Rs. 75.95 crores on allotment of 3,60,00,000 Ordinary Shares.
As at March 31, 2011, Rs. 497.47 crores raised through the above issues,
were temporarily parked as Deposits with Banks and in Units of Mutual
Funds. These funds subsequent to the Balance Sheet date, i.e. on May
12, 2011 have been fully utilised for redemption of 6% Secured
Non-Convertible Debentures.
3. The Company has entered into currency swap transactions with a view
to convert its rupee borrowings into foreign currency borrowing, to
hedge its foreign currency assets. Accordingly, the underlying
borrowings are translated at the exchange rate prevailing at the
Balance Sheet date.
4. Shareholder''s Deposits placed with a subsidiary company include Rs.
273.99 crores (equivalent to USD 61.363 million) (previous yearRs. 276.99
crores, equivalent to USD 61.363 million) placed in earlier years, with
the Company retaining the right to convert the said deposits into
equity by December 31, 2012, as per the permission received from the
Reserve Bank of India.
5. (a) The Company has given an undertaking to The Hongkong & Shanghai
Banking Corporation in respect of
borrowing by IHMS (Australia) Pty Limited, a wholly-owned subsidiary,
for Australian Dollars 1.00 million (previous year Australian Dollar
1.00 million), that it will not dilute its shareholding in the
subsidiary.
(b) Samsara Properties Limited, a wholly-owned subsidiary of the
Company has taken a loan from ICICI Bank for US$ 177 million. The Bank
has an option to sell / transfer the loan to the Company on the
occurrence of an event of default under the loan agreement.
(c) The Company owns 19.90% of the issued share capital of Lands End
Properties Private Limited (LEPPL), a company owning 67% interest in
the Hotel Sea Rock Property through its wholly-owned subsidiary, Sky
Deck Properties & Developers Private Limited (SDPDPL). LEPPL has raised
a debt of Rs. 400 crores by issuance of zero coupon Non-Convertible
Debentures, redeemable at a premium. In respect of the debentures
issued by LEPPL, the Company has :-
i. the first right to purchase the entire shareholding of SDPDPL held
by LEPPL for an aggregate value of Rs. 525.65 crores; or
ii. the obligation to make good the value of the shortfall if the
lenders of LEPPL realise an amount lower than the Redemption Amount on
sale of the shares of SDPDPL in case the right referred in (i) above is
not exercised.
(d) The Company has given an option to certain shareholders of ELEL
Hotels & Investment Ltd., a company having an underlying lease of the
Hotel Sea Rock Property as under:-
i. Shareholders holding 3,98,090 shares have an option to sell these
shares to the Company. The option is exercisable at a price to be
determined based on fulfilment of certain obligations by the holders
of these shares on January 1, 2011 or July 1, 2011 or January 1, 2012
or July 1, 2012. Since the shareholders are yet to fulfil their
obligations, the option has not been exercised.
ii. Shareholders holding 5,36,339 shares have an option to sell these
shares to the Company. The option is exercisable at a price to be
determined based on fulfilment of certain obligations by the holders
of these shares at an agreed fixed return, payable from June 25, 2009
at a price so determined. The shareholders can exercise the option on
January 1, 2013 or July 1, 2013 or January 1, 2014 or July 1, 2014. The
Company also has an option to purchase these shares at the same price
on April 1, 2013 or September 1, 2013 or April 1, 2014 or September 1,
2014.
6. Estimated amount of contracts remaining to be executed on capital
account net of capital advances and not provided for is Rs. 110.41 crores
(previous year - Rs. 234.64 crores).
(b) Purchase of Food and Beverages is net of proceeds from sale of
empties etc. - Rs. 0.92 crore (previous year - Rs. 0.76 crore).
(c) Dividend Income includes dividend from subsidiary companies - Rs.
2.01 crores (previous year - Rs. 3.35 crores).
(d) Dividend Income includes income on long term trade investments
(including dividend from Subsidiary Companies referred in note (c)
above) - Rs. 17.29 crores (previous year - Rs. 23.75 crores) and on current
investments - Rs. 12.60 crores (previous year - Rs. 13.08 crores).
(e) Exchange gain includes gain on currency swap - Rs. 13.21 crores
(previous year - gain of Rs. 6.25 crores included in Exchange Gain) and
loss on foreign exchange transactions - Rs. 1.53 crores (previous year -
loss of Rs.2.92 crores).
(f) Other expenses include Bad Debts written off - Rs. 1.35 crores
(previous year - Rs. 4.73 crores) and contribution to Electoral Trust Rs.
Nil (previous year - Rs. 1 crore) (The Objects of the Trust inter alia,
include holding by the Trustees of Distribution Funds for
distribution to political parties).
7. Exceptional Items amounting to Rs. 17.14 crores comprise of profit
on sale of a Hotel Property - Rs. 4.29 crores, expenditure on a
discontinued project charged off for commercial reasons - Rs. 5.20 crores
and provision for diminution in the value of Investment in a Subsidiary
- Rs. 16.23 crores. In respect of previous year, Exceptional Items ofRs.
47.91 crores includes a non- recurring profit on sale of investments -
Rs. 39.16 crores, profit on exit from a development project - Rs. 6.83
crores and refund of annuity pension premium Rs. 1.92 crores.
8. Contingent Liabilities:
(a) On account of Income Tax matters in dispute :
i. In respect of matters which have been decided in the Company''s
favour by the Appellate Authorities, where the Income Tax Department
has preferred an appeal - Rs. 16.28 crores (previous year - Rs. 13.03
crores).
ii. In respect of other matters for which Company''s appeals are
pending - Rs. 14.25 crores (previous year - Rs. 1.83 crores).
The said amounts have been paid / adjusted and will be recovered as
refund if the matters are decided in favour of the Company.
(b) On account of other disputes in respect of :-
i. Luxury tax - Rs. 0.17 crore (previous year - Rs. 0.32 crore).
ii. Entertainment tax - Rs. 0.53 crore (previous year - Rs. 0.53 crore).
iii. Sales tax - Rs. 7.02 crores (previous year - Rs. 6.63 crores).
iv Property tax - Rs. 9.24 crores (previous year - Rs. 7.40 crores).
v. Stamp Duty - Rs. 2.34 crores (previous year - Rs. 2.34 crores).
vi. Others - Rs. 12.36 crores (previous year - Rs. 7.74 crores).
(c) Other claims against the Company not acknowledged as debt :
Rs. crores
Particulars Current Year Previous Year
Tax matters 1.12 1.12
Contractual matters in the course
of business 24.24 21.64
Real Estate disputes and demands 130.17 99.07
Employee related matters 0.96 0.64
Total 156.49 122.47
Provision for Contingent Claims made in the books - Rs. 7.08 crores
(previous year - Rs. 1.76 crores).
(d) Guarantees given by the Company in respect of deposits received and
loans obtained by other companies and outstanding as on March 31, 2011
- Rs. 498.20 crores (previous year - Rs. 392.41 crores).
(e) In respect of a subsidiary, arbitration proceedings initiated to
resolve a long standing dispute with the Airport Authority of India
(AAI) for granting access through the subsidiary''s land at Mumbai have
been concluded in favour of the Company. As a result, the claim made by
AAI on the Company amounting to Rs. 10.22 crores stands withdrawn. The
revised claim pursuant to the award given by the arbitrator is awaited
from the AAI. The Company does not expect any liability for the past
period and should there be any liability crystallising on the
subsidiary for any reason, the same is indemnifiable by the Company.
9. The Company had exercised the option granted vide notification
F.No.17/33/2008/CL-V dated March 31, 2009, issued by the Ministry of
Corporate Affairs and, accordingly, the exchange differences arising on
revaluation of long term foreign currency monetary items for the year
ended March 31, 2010 have been recognised over the shorter of the
maturity period or March 31, 2011. The unamortised balances as at the
year end are presented as Foreign Currency Monetary Item Translation
Difference Account Foreign currency monetary items outstanding as at
March 31, 2011 are accounted as per Company''s Policy on Transaction in
Foreign Exchange (Refer Note 1(f), page 83).
(b) The Company operates post retirement defined benefit plans as
follows :-
i. Funded :
- Post Retirement Gratuity
- Pension to Employees - Post retirement minimum guaranteed pension
scheme for certain categories of employees, which is funded by the
Company and the employees.
ii. Unfunded :
- Pension to Executive Directors and Employees - Post retirement
minimum guaranteed pension scheme for certain retired executive
directors and certain categories of employees, which is unfunded.
(f) Provident Fund
In keeping with the Guidance on implementing Accounting Standard (AS)
15 (Revised) on Employee Benefits notified by the Companies
(Accounting Standards) Rules, 2006, employer established provident fund
trusts are treated as defined Benefit Plans, since the Company is
obligated to meet interest shortfall, if any, with respect to covered
employees. According to the Management, the Actuary has opined that
actuarial valuation cannot be applied to reliably measure provident
fund liabilities in the absence of guidance from the Actuarial Society
of India. Accordingly, the Company is currently not in a position to
provide other related disclosures as required by the aforesaid AS 15
read with the Accounting Standards Board Guidance. However, having
regard to the position of the Fund (for covered employees) and confi
rmation from the Trustees of such Fund, there is no shortfall as at the
year-end.
The estimate of future salary increases, considered in actuarial
valuation, takes into account inflation, seniority, promotions and
other relevant factors. The above information has been Certified by
the actuary and has been relied upon by the Auditors.
10. As the turnover of the Company includes sale of food and beverages,
it is not possible to give quantitative details of the turnover and
food & beverages consumed. The Company has been exempted from giving
these particulars vide order no. 46/20/2008-CL-III dated May 23, 2008,
issued by the Department of Company Affairs. The Ministry has also
granted an exemption under General notification (No S. O. 301(E) dated
February 8, 2011).
11. Remittance in Foreign Currencies for dividend to non-resident
shareholders:
The Company has not remitted any amount in foreign currencies on
account of dividend during the year and does not have information as to
the extent to which remittances, if any, in foreign currencies on
account of dividend have been made by/on behalf of non-resident
shareholders. The particulars of dividend paid to non-resident
shareholders during the year, are as under:
12. The Company has an investment ofRs. 0.50 crore (previous year - Rs.
0.50 crore) and advances outstanding (including interest) of Rs. 8.33
crores (previous year - Rs. 8.76 crores) in a Joint Venture, Taj
Karnataka Hotels and Resorts Limited (TKHRL). TKHRL has accumulated
losses in excess of its paid-up capital and reserves. Considering the
inherent value of TKHRL''s assets, based on a valuation of the property
and its proposed financial restructuring, for which the Company is in
talks with the JV partner - the Government of Karnataka, the Management
is of the view that there is no diminution, other than temporary, in
the value of the investment and that the amount outstanding after the
financial restructuring will be fully recovered.
13. The Company has an investment ofRs. 102.50 crores (previous year - Rs.
102.50 crores) in BJETS Pte. Ltd., and has provided advance of Rs. 2.75
crores (previous year - Nil). BJETS has incurred losses over the years
and its net worth as on December 31, 2010 is Rs. 30.36 crores, based on
Management accounts. During the year, BJETS has tied up with a renowned
company in the aviation sector for operational support, maintenance and
marketing of BJETS aircraft. In view of the business restructuring and
new alliance, the Management is of the view that there is no diminution
other than temporary in the value of its investment and that the
advance outstanding will be fully recovered.
14. In respect of an investment of Rs.1,169 crores (USD 262 million);
previous year Rs. 1,182 crores (USD 262 million) made by a wholly-owned
subsidiary of the Company in Orient-Express Hotels Ltd., a company
listed on the New York Stock Exchange, the market value of this
investment as on the Balance Sheet date is Rs. 394 crores (USD 88
million); previous year Rs. 441 crores (USD 99 million), representing a
diminution in the value of the investment in the company amounting to Rs.
795 crores (USD 174 million); previous year Rs. 741 crores (USD 163
million). In view of the strategic nature of the investment and the
Company''s long-term commitment and on a consideration of the valuation
report of an independent valuer and other long-term strategies of the
Company, in the opinion of the Management, there is no diminution,
other than temporary in the value of the aforesaid investment.
15. The Company, on a review of its foreign operations had, in the
past, made voluntary disclosures to the appropriate regulator, of what
it considered to be possible irregularities, in relation to foreign
exchange transactions relating to the period prior to 1998. Arising out
of such disclosures, the Company received show cause notices. The
Company has replied to the notices and is waiting for the directorate
to return its files, after which it will complete the replies.
Adjudication proceedings are in progress.
16. Previous year''s figures have been regrouped, wherever necessary,
to confirm to the current year''s presentation. |