1. CONTINGENT LIABILITIES : Amount (Rs. in lakh)
S.No. Particulars 2010-11 2009-10
a) Service Tax demands in appeals 127,714 78,427
b) Fringe Benefit Tax demands in appeals 8,513 Nil
c) Claims against the Company, pending
Civil and Consumer Suits 4,883 4,291
d) Inland Air Travel Tax demands which
are under appeal 426 426
Amount deposited with the Authorities
for the above demands 105 105
e) Claim for Octroi 2,899 2,899
f) Letters of Credit Outstanding 139,345 89,307
g) Bank Guarantees Outstanding 64,767 89,891
h) Corporate Guarantee given to Banks
and Financial Institution against credit
facilities, and to Lessor against
financial obligations extended to
Subsidiary Company
Amount of guarantee 42,166 73,318
Outstanding Amounts against
the guarantee 42,166 70,736
i) Income Tax demands in appeals 29,173 1,386
j) Sales Tax demands in appeals Nil 6
k) Disputed Claims against the Company
towards Ground Handling Charges Nil 5,738
l) The Company had acquired 100% shares of Sahara Airlines Limited
(SAL) (now known as Jet Lite (India) Limited) in April, 2007. As per
the Share Purchase Agreement (SPA) and the subsequent Consent Terms,
the sale consideration was to be paid to the Selling Shareholders
(SICCL) in installments by 30th March, 2011. As a result of certain
disputes that arose between the parties, both the parties had filed
petitions in the Honble Bombay High Court for breach of SPA and consent
terms. The Honble Bombay High Court delivered the Judgment on 4th May,
2011 whereby SICCLs demand for restoration of original price to Rs.
200,000 lakh was denied and the Purchase Consideration was sealed at
Rs. 145,000 lakh. However, the Honble Bombay High Court has awarded
interest of 9% p.a. on the sums payable to SICCL from the date of
default. In view of this Order, a sum of Rs. 11,643 lakh became payable
as interest which has been duly discharged by the Company. As a result
of this discharge, the undertaking given by the Company in April 2009
for not creating any encumbrance or alienation of its moveable or
immoveable assets and properties in any manner other than in the normal
course of the business, stands released.
Further as regards the Company''s execution proceedings against SICCL to
recover amounts aggregating Rs. 82,102 lakh for their obligation to
indemnify the Company for income tax demands raised on Jet Lite (India)
Limited for assessment years prior to the effective date of Share
Purchase Agreement / Consent Terms and Consent Award by which SAL
Shares were acquired presently stands resolved in the light of
Department quashing such demand on Jet Lite.
Though the Company has complied with the order of the Hon''ble Bombay
High Court by making payment of Rs. 47,851 lakh including interest of
Rs. 11,643 lakh, thereafter based on legal advice it has decided to
file an appeal with the Division Bench of Bombay High Court contesting
the levy of interest @ 9% p.a. and claiming no interest payable. SICCL
has already filed an appeal with the Division Bench of Bombay High
Court for restoration of purchase consideration to Rs. 200,000 lakh and
for interest to be awarded at 18% p.a. as against 9% p.a. awarded by
the Hon''ble Bombay High Court.
Hence the interest payment of Rs. 11,643 lakh (Rs. 11,305 lakh up to
31st March, 2011) till 4th May 2011 effected by the Company on 5th May
2011 is not provided in the books of accounts as per its stand above
and will be subject to final determination by the Court.
The Company is a party to various legal proceedings in the normal
course of business and does not expect the outcome of these proceedings
to have any adverse effect on its financial conditions, results of
operations or cash flows.
2. DISCLOSURE ON DERIVATIVES
(a) The Company has entered into certain derivative contracts viz.
interest rate swaps (IRS), currency options, IRS cum currency swaps,
etc in order to hedge and manage its foreign currency exposures towards
future export receivables and foreign currency borrowings. Such
derivative contracts which are in the nature of firm commitments and
highly probable forecast transactions are entered into by the Company
for hedging purposes only and does not use the same for trading or
speculation purposes.
Nominal amounts of derivatives contracts entered into by the Company
and outstanding as on 31st March, 2011, Rs. 93,650 lakh (Previous Year
Rs. 126,036 lakh). The category-wise break-up thereof is as under :
Based on the Announcement of The Institute of Chartered Accountants of
India Accounting for Derivatives along with the principles of
prudence as enunciated in Accounting Standard (AS-1) Disclosure of
Accounting Polices the Company has accounted for outstanding
derivative contracts at fair values as at the balance sheet date.
On that basis, the changes in the fair value of the derivative
instruments as at 31st March, 2011 of Rs. 4,817 lakh has been credited
(Previous Year Rs. 7,045 lakh) to the Profit and Loss Account and
disclosed as an exceptional item in the current year. The credit on
account of derivative gains has been computed on the basis of MTM
values based on the confirmations from the counter parties.
3. The Company has equity and preference investments aggregating to
Rs. 164,500 lakh (Previous year Rs. 164,500 lakh) in Jet Lite (India)
Limited, a wholly owned subsidiary, and an amount of Rs. 152,951 lakh
(Previous Year Rs. 68,207 lakh) advanced as interest free loan as on
31st March, 2011. The said subsidiary has improved its operating
revenue by 13% from previous year but mainly due to uncontrollable rise
in fuel cost during the year, the results finally turned out to be
negative and subsidiary company continues to show a negative net-worth
as on 31s March 2011. The Company as a part of its annual test of other
than temporary diminution in its investment and impairment of loans
advanced to the said subsidiary, subsequent to the balance sheet date,
had appointed a reputed valuer to reassess the position of its exposure
in the said subsidiary company. The equity interest in the said
subsidiary, as reassessed by a reputed valuer, based on revised
business plans as approved by the Board of subsidiary company supports
the carrying value of such investment and loan outstanding. The Company
continues to provide financial support to subsidiarys operations to
further such business plans and expects improved performance in the
future. Accordingly, the financial statements of the subsidiary company
have been prepared on Going Concern basis and no provision is
considered necessary at this stage in respect of its investments and
loans outstanding from the said subsidiary company at the year end.
4. EMPLOYEE BENEFITS
a) Defined contribution plan
The Company makes contributions at a specified percentage of payroll
cost towards Employees Provident Fund (EPF) for qualifying employees.
The Company recognised Rs. 3,314 lakh (Previous Year Rs. 3,256 lakh)
for provident fund contributions in the Profit and Loss Account.
b) Defined benefit plans
The Company provides the annual contributions as a non-funded defined
benefit plan for qualifying employees. The gratuity scheme provides
for payment to vested employees as under : i) On Normal retirement /
early retirement / withdrawal / resignation :
As per the provisions of Payment of Gratuity Act, 1972 with vesting
period of 5 years of continuous service.
ii) On death while in service :
As per the provisions of Payment of Gratuity Act, 1972 without any
vesting period.
The most recent actuarial valuation of plan assets and the present
value of the defined benefit obligation for gratuity were carried out
at 31st March, 2011 by an actuary. The present value of the defined
benefit obligations and the related current service cost and past
service cost, were measured using the Projected Unit Credit Method.
The present value of defined benefit obligation was Rs. 4,367 lakh as
on 31st March, 2009; Rs. 4,723 lakh as on 31st March, 2008 and Rs.
3,603 lakh as on 31st March, 2007.
The fair value of planned assets was Rs. Nil on 31st March 2009, 31st
March 2008 and 31st March, 2007.
* The details of the Experience adjustments arising on account of plan
assets and liabilities as required by paragraph 120(n)(ii) of AS-15
(Revised) on Employee Benefits of previous financial years are not
available in the valuation report for the financial year 2006-07,
2007-08, 2008-09 and hence, are not furnished.
The estimates of rate of escalation in salary considered in actuarial
valuation, takes into account inflation, seniority, promotion and other
relevant factors including supply and demand in the employment market.
c) Other Long Term Employee Benefit
The Leave Encashment provision for the year ended 31st March, 2011,
based on actuarial valuation carried out using the Projected Accrued
Benefit Method, amounting to Rs. 598 lakh (Previous Year reversal of
Rs. 621 lakh) has been recognized in the Profit and Loss Account.
Note:
The remuneration reported above excludes charge for gratuity fund and
compensated absences since the same is ascertained on an aggregated
basis for the Company as a whole by way of actuarial valuation and
separate values attributable to directors are not ascertained. b)
Computation of Net Profit in accordance with Section 349 of the
Companies Act, 1956, has not been given as commission by way of
percentage of profit is not payable for the current year and the
previous year to the Directors of the Company.
5. SEGMENT REPORTING :
a) Primary Segment : Geographical Segment
The Company, considering its higher level of international operations
and internal financial reporting based on geographic segment, has
identified geographic segment as primary segment.
The geographic segment consists of :
i) Domestic (air transportation within India)
ii) International (air transportation outside India)
Leasing operations are classified into (i) or (ii) above based on the
domicile of the lessee being within or outside India.
Revenue and expenses directly attributable to segments are reported
based on items that are individually identifiable to the respective
segments, while the remainder of the expenses are categorized as
unallocated which are mainly employee remuneration and benefits, other
selling and distribution expenses, other operating expenses, aircraft
lease rentals, depreciation / amortization and interest, since these
are not specifically allocable to specific segments as the underlying
assets / services are used interchangeably.
The Company believes that it is not practical to provide segment
disclosures relating to these revenue and expenses, and accordingly
these expenses are separately disclosed as unallocated and directly
charged against total revenues.
The Company believes that it is not practical to identify fixed assets
used in the company''s business or liabilities contracted, to any of the
reportable segments, as the fixed assets are used interchangeably
between segments. Accordingly, no disclosure relating to total segment
assets and liabilities are made.
b) Secondary Segment : Business Segment
The Company operates into two business segments viz Air Transportation
and Leasing of Aircraft and identified the same as secondary segment to
be reported considering the requirement of Accounting Standard 17 on
Segment Reporting issued by the Institute of Chartered Accountants of
India and is disclosed as under :
6. RELATED PARTY TRANSACTIONS :
As per Accounting Standard - 18 on Related Party Disclosures, the
disclosure of transactions with the related party as defined in the
Accounting Standard are given below :
a) List of Related Parties with whom transactions have taken place and
Relationships :
Sr. No. Name of the related party Nature of relationship
(1) Tail Winds Limited Holding Company
(2) Jet Lite (India) Limited Wholly Owned Subsidiary
Company (Control exists)
(3) Naresh Goyal Controlling Shareholder of
Holding Company
(4) Anita Goyal
Relative of controlling
shareholder of Holding
(5) Nivaan Goyal Company
(6) Namrata Goyal
(7) Saroj K Datta Key Managerial Personnel
(8) Jetair Private Limited
(9) Jet Airways LLC
(10) Trans Continental e
Services Private Limited Enterprises over which
controlling shareholder of
(11) Jet Enterprises Private Limited Holding Company and his
relatives are able to
(12) Jet Airways of India Inc. exercise significant influence
directly or indirectly.
(13) India Jetairways Pty Limited
(14) Jet Airways Europe Services N.V.
(15) Jetair Tours Private Limited
Note: Above mentioned related parties are identified by the Management
and relied upon by the Auditors.
The salient features of a Hire Purchase / Finance Lease Agreement are :
- Option to purchase the aircraft either during the term of the Hire
Purchase on payment of the outstanding Principal amount or at the end
of the Hire Purchase term on payment of a nominal option price.
- In the event of default, the Hirer / Lessee is responsible for
payment of all costs of the Owner including the financing cost, and
other associated costs. Further a right of repossession is available to
the Owner / Lessor.
- The Hirer / Lessee is responsible for maintaining the aircraft as
well as insuring the same.
- In the case of Finance Lease the property passes to the Lessee, on
the payment of a nominal option price at the end of the term.
b) Operating Leases
i) The Company has taken various residential / commercial premises and
amenities under cancelable and non-cancelable operating leases. These
lease agreements are normally renewed on expiry.
The Salient features of an Operating Lease agreement are :
- Monthly rentals paid in form of fixed and variable rental. Variable
Lease Rentals are payable on a pre determined rate payable on the basis
of actual flying hours. Additionally, the predetermined rates of
Variable Rentals are subject to the annual escalation as stipulated in
the respective leases.
- The Company neither has an option to buyback nor does it generally
have an option to renew the leases.
- In case of delayed payments, penal charges are payable as stipulated.
- In case of default, in addition to repossession of the aircraft,
damages including liquidated damages as stipulated are payable.
- The Lessee is responsible for maintaining the aircraft as well as
insuring the same. The Lessee is eligible to claim reimbursement of
costs as per the terms of the lease agreement.
- The leases are non-cancellable.
The Salient features of Dry Lease agreement are :
- In this leasing arrangement aircraft is leased without insurance and
crew.
- Monthly rentals paid in form of fixed and variable rental. Variable
Lease Rentals are payable on a pre determined rate payable on the basis
of actual flying hours. Additionally, the predetermined rates of
Variable Rentals are subject to the annual escalation as stipulated in
the respective leases.
- The Lessee neither has an option to buyback nor does it generally
have an option to renew the leases.
- The dry leases are non-cancelable.
Note: During the previous financial year, in the absence of virtual
certainty, Deferred Tax Asset on account of unabsorbed depreciation and
business loss has been recognized to the extent it can be realized
against reversal of deferred tax liability on account of depreciation.
7. As per Accounting Standard 29, Provisions, Contingent Liabilities
and Contingent Assets, given below are movements in provision for
Frequent Flyer Programme, Redelivery of Aircraft, Aircraft Maintenance
Costs and Engine Repairs Costs.
a) Frequent Flyer Programme :
The Company has a Frequent Flyer Programme named ‘Jet Privilege'',
wherein the passengers who frequently use the services of the Airline
become members of ‘Jet Privilege'' and accumulate miles to their credit.
Subject to certain terms and conditions of ‘Jet Privilege'', the
passenger is eligible to redeem such miles lying to their credit in the
form of free tickets.
The cost of allowing free travel to members as contractually agreed
under the Frequent Flyer Programme is accounted considering the
members'' accumulated mileage on an incremental cost basis. The movement
in the provision during the year is as under :
b) Redelivery of Aircraft :
The Company has in its fleet aircraft on operating lease. As
contractually agreed under the lease agreements, the aircraft have to
be redelivered to the lessors at the end of the lease term in the
stipulated technical condition. Such redelivery conditions would entail
costs for technical inspection, maintenance checks, repainting costs
prior to its redelivery and the cost of ferrying the aircraft to the
location as stipulated under the lease agreement.
d) Engine Repairs Cost :
The aircraft engines have to undergo shop visits for overhaul and
maintenance at specified intervals as per the Maintenance Program
Document. The same was provided for on the basis of hours flown at a
pre-determined rate.
8. W.e.f. 1st April 2008, the Company adopted the option offered by
the notification of the Companies (Accounting Standards) Amendment
Rules, 2006 which amended Accounting Standard 11 The Effects of
Changes in Foreign Exchange Rates.
Pursuant to the aforesaid notification, exchange differences relating
to long term monetary items have been accounted for as described in
Accounting policy ‘L'' of Schedule S. Accordingly, cumulative foreign
exchange loss (net) of Rs. 90,649 lakh (Previous Year Rs. 94,895 lakh)
upto balance sheet date has been adjusted to the cost of the fixed
assets / capital work-in-progress being the exchange differences on
long term monetary items relatable to the acquisition of fixed assets.
As a result of this, the net profit before tax for the year is lower by
Rs. 4,246 lakh and previous year net loss before tax was higher by Rs.
120,661 lakh.
9. In the previous year, the Company had entered into a Power by the
Hour (PBTH) Engine Maintenance agreement with a Service provider for
its Next Generation Boeing 737 Aircraft fleet. Earlier to previous
year, the Company was charging variable rent payable to various
Lessors, with respect to all Aircraft on operating lease, to the Profit
and Loss Account as per the agreement entered into with them.
Consequent to such arrangement in the previous year with the Engine
Maintenance Service provider, which includes the cost of future engine
shop visits, the Company continues to expense out the monthly cost of
PBTH at the rate specified in the contract to the Profit and Loss
Account and continues to treat the variable rental payable to the
Lessors as receivables as good of recovery to be set off against the
future claims payable on engine shop visits. Accordingly, the variable
rent of Rs. 21,403 lakh (Previous Year Rs. 9,712 lakh) upto balance
sheet date has been grouped under Advances recoverable in cash or in
kind in Loans and Advances.
10. Disclosures relating to amounts payable as at the year end
together with interest paid / payable to Micro, Small and Medium
Enterprises have been made in the accounts, as required under the
Micro, Small and Medium Enterprises Development Act, 2006 to the extent
of information available with the Company determined on the basis of
intimation received from suppliers regarding their status and the
required disclosure are given below :
11. The Airline Industry was adversely affected by the general
economic slowdown witnessed globally in the year 2008. This coupled
with high fuel cost significantly impacted the performance and cash
flows of the Company and its subsidiary resulting in substantial
erosion of the net worth. The Management has been constantly
implementing initiatives to improve the operating results through cost
control measures, route rationalization, leasing out aircraft etc.
During the financial year 2010-11, the Company improved its operating
performance consequent to passenger traffic returning to normalcy and
reflected operating profits in the first three quarters. However, as a
result of significant increase in the crude oil prices not matched by
increase in fares, the Company could not maintain its profitable
performance during the last quarter of the year. This, in the view of
the Company is purely temporary as the fuel prices have now subsided
and going forward, the Company expects to perform better. The Company
is also exploring options of raising finances to meet its various short
term and long term obligations including financial support to its
Subsidiary – Jet Lite (India) Limited. These measures would result in
sustainable cash flows and accordingly continues to present these
financial statements on a going concern basis, which contemplates
realization of assets and settlement of liabilities in the normal
course of business.
12. Depreciation on all owned tangible assets (including Simulators)
other than Aircraft was hitherto provided on Written Down Value method.
In order to reflect a more appropriate preparation / presentation of
financial statements, the Company has changed the method of
Depreciation on all owned tangible assets (including Simulators) other
than Aircraft from Written Down Value Method to Straight Line Method
w.e.f. 1st April, 2010 and the surplus amount of Rs. 12,225 lakh
arising from retrospective computation has been accounted and disclosed
under Exceptional Items for the year ended 31st March, 2011.
Consequently, charge on account of depreciation for the year ended 31st
March, 2011 is lower by Rs. 699 lakh.
13. Comparative financial information (i.e. amounts and other
disclosures for the previous year presented above as corresponding
figures), is included as an integral part of the current year''s
financial statements, and is to be read in relation to the amounts and
other disclosures relating to the current year. Figures of the previous
year have been regrouped / reclassified wherever necessary to
correspond to figures of the current year. |