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0.3 (0.59%)
0.05 (0.1%) | Notes to Accounts | Year End : Mar '12 |
1. ( Rs. in Lacs )
A Contingent Liabilities not provided
for in respect of: 31.03.2012 31.03.2011
a) Counter Guarantee given to Company''s
Bankers for the Guarantee 6,494.27 4,293.15
given by them on behalf of Company
b) Letter of Credit outstanding 98,215.98 81,132.32
c) Bills discounted with Banks 38,001.59 26,290.73
d) i) Sales Tax demands against which
company has preferred 17,257.81 280.68
appeals.
ii) Excise Duty/Service Tax Show Cause
Notices/Demands 10,816.49 9,544.41
against which company has preferred appeals.
iii) Income tax demands against which
Company has preferred 7,055.66 6,621.38
appeals.
iv) Claims and other liabilities against
the company not 3,859.75 9,547.30
acknowledged as debt
e) Demand made by Sr. Dy. Director of Mines,
Notified Authority, 320.49 320.49
Jajpur Road Circle, Orissa as cess on
Chromite Ore production.
The matter being pending with Hon''ble Supreme Court.
e) Demand made by Dy. Director of Mines,
Jajpur Road Circle, 600.84 -
Orissa against which company has
preferred appeal.
B Guarantee given to custom authorities for
import under EPCG Scheme. 89,343.34 80,934.71
{Custom duty saved/to be saved as on
31st March, 2012 Rs. 25,235.08 Lacs
( Rs. 23,144.54 Lacs)}
C Letter of Comfort to banks against credit
facilities/financial assistance 66,103.68 30,710.45
availed by subsidiaries
2. Estimated amount of contracts remaining to be executed on capital
account and not provided for (net of advances) is Rs. 5,725.73 ( Rs.
45,557.21 Lacs).
3. Custom Duty saved on material consumed imported under advance
license scheme as on 31st March, 2012 and 31st March, 2011 is Rs. 34.29
Lacs and Rs. 353.26 Lacs respectively. The management is of the view that
considering the past export performance, future prospects and going
concern concept there is certainty that pending export obligation under
advance licenses will be fulfilled before expiry of the respective
licenses.
4. Exceptional items includes :
a) Gain/(Loss) (net) of ( Rs. 17,231.29 Lacs) { Rs. 4,741.27 Lacs} on
translation/settlement of foreign currency monetary items (including
borrowing), gain / (loss) of Rs. 456.08 Lacs {( Rs. 600.56 Lacs)} upon
marked to market of derivatives contracts, gain of Rs. 1,045.24 Lacs ( Rs.
1,281.78 Lacs) on forward cover cancelation, resulting from volatile
global market conditions.
b) During the year, recomputation of energy billing to Gridco for the
year 2010-11 as per the order of OERC resulting in net loss of Rs.
1,484.36 Lacs.
c) As per the settlement between Xstrata and the company (Jindal
Stainless Limited), Rs. 3,561.60 Lacs has been considered as payable to
Xstrata against the disputed shipments of Coking Coal claim (Note
no.38).
5. Appeals in respect of certain assessments of Sales Tax / Income
Tax are pending and additional tax liabilities/refunds, if any, are
not determinable at this stage. Adjustments for the same will be made
after the same are finally determined. In the opinion of management
there will not be material liability on this account.
6. a) Addition/adjustment to Plant & Machinery / Capital
Work-In-Progress includes Rs. 41,153.60 Lacs (Net Debit)
{Rs. 6,508.11 Lacs (Net Credit)} on account of foreign exchange
fluctuation on Loan/Liability including fluctuation relating to forward
cover. (Includes amount disclosed in Note No. 43 (c) below).
b) Addition to Building and Plant & Machinery include interest
amounting to Rs. 7,380.81 Lacs and Rs. 53,466.65 Lacs respectively.
c) Interest expenses includes pro-rata premium of Rs. 41.99 Lacs (Net
Credit) {Rs. 90.92 Lacs (Net Debit)}
7. Corporate Debt Restructuring:
i) Pursuant to the approval of CDR (the Scheme) in January 2010 and
signing of Master Restructuring Agreement (MRA) in March 2010, the
financial obligations to the lenders was rescheduled including creation
of funded interest term loan (FITL), adjustment in interest rates and
additional security in favour of lenders. The Scheme was subsequently
amended in December 2010 on account of early completion of certain
projects and reduction in FITL. Interest has been accounted for based
on the Scheme and the amendments thereof.
ii) The Funded Interest Term Loan (FITL) has been created on certain
credit facilities as per the Scheme.
iii) The Credit facilities/loans under CDR is additionally secured by
unconditional and irrevocable Personal guarantee of VC & MD Mr. Ratan
Jindal.
iv) Under the Scheme, the company have pari passu pledged and submitted
non-disposal undertaking for all its investments in subsidiaries as
listed below :
- JSL Lifestyle Limited
- JSL Logistics Limited
- PT. Jindal Stainless Indonesia
- Jindal Stainless UK Limited
- Jindal Stainless FZE
- JSL Group Holdings Pte. Limited
- JSL Architecture Limited
- Jindal Stainless Madencilik Sanayi ve Ticaret A.S.
- Jindal Aceros Inoxidables S.L.
- Iberjindal S.L.
v) As per the Scheme, the promoters were to arrange equity of Rs. 515
crore which included Rs. 145 crore linked to sacrifices of lenders as
stipulated and balance Rs. 370 crore towards further capital expenditure.
The company had infused fresh equity of Rs. 247 crore by way of QIP
equity placement in March 2010 and balance equity is proposed to be
deferred on account of deferment of underlying capital expenditure.
vi) Certain conditions and covenants under the Scheme are in process of
compliance. Certain secured facilities are subject to balance
confirmations and/or reconciliation.
vii) During the year, the company has made proposal to its lenders to
re-work its debt obligations including reworking of repayment schedule,
adjustments towards interest obligations etc and the proposal is under
considerations with the lenders.
8. The company has filed Writ Petition (C) before the Hon''ble High
Court of Orissa, challenging the order passed by the Dy Commissioner of
Commercial Tax, Jajpur for the period from 01/10/2006 to 30/09/2010,
for payment of Entry Tax under the Orissa Entry Tax Act 1999 on the
goods procured from outside the territory of India. The demand is on
2/3rd amount of Entry Tax on the goods imported from outside the
territory of India on which the payment of 1/3rd amount of entry tax
deposited as per the interim order of the Hon''ble Supreme Court. The
amount of demand is Rs. 27.00 Crores Interest of Rs. 2.17 Crores
Penalty of Rs. 54.01 Crores.
The Hon''ble Court has heard the matter and vide interim order dated
14.03.2012, directed the company to deposit 50% of the amount of
interest i.e. Rs. 1.08 crores by 25.03.2012 and granted stay for the
balance amount of demand till disposal of the case. The company has
deposited the amount within the permitted time and informed the Hon''ble
Court.
9. Sundry debtors include due from Grid corporation of Orissa
(Gridco) Limited outstanding for more than six month amounting to Rs.
102.87 crore. The company had initiated legal action for recovery of
amount due upto the end of the previous year and part of the debtors
has been realized during the financial year 2010-11. Pending
litigation, these debtors balances are not reconciled. The debtors also
include interest on overdue amount accounted for in terms of contractua
obligation. The management is hopeful of recovery of these debtors from
Gridco.
10. Initially the project was conceived in SEZ and the formal approval
was granted by the Ministry of Commerce and Industry vide letter
No.F2/444/2006.SEZ dated 25.10.2006 for development of a Special
Economic Zone for Stainless steel and ancillary/downstream industry at
Kalinga Nagar, Orissa. Due to change in global economic scenario and on
the Company''s request for de-notification of SEZ, appropriate/concerned
authority finally approved after refund of applicable taxes / duties.
Finally your company has successfully exited from SEZ Scheme.
11. The company has filed Writ Petition (C) before the Hon''ble High
Court of Orissa, Cuttak challenging the order passed by the Jt
Commissioner of Commercial Tax, Jajpur disallowing the issue of C Form
for the procurement of plant and machinery for Captive Power Plant
during the year 2005-06, 2006-07 & 2007-08. The Hon''ble Court heard the
matter and passed interim order dated 14.03.2012, directing the company
to deposit 25% out of total demand amounting Rs. 33.06 Crores and the
balance amount of demand have been stayed till final disposal of the
matter. The company has deposited the amount within the permitted time
and informed the Hon''ble Court.
12. During June 2008, Jindal Stainless Limited (JSL) entered into
coking coal contract with M/s. Xstrata Coal Queensland Pty. Ltd.
(Xstrata) for two shipments of coking coal (50,000 MT each). Certain
disputes arose between the parties in earlier years. Xstrata invoked
Arbitration at London Court of International Arbitration (LCIA) and
claimed a loss of USD 12.5 million. LCAI passed an award of USD 8
million plus interest and costs against JSL. JSL had challenged the
award by filing its objections u/s 34 of Arbitration and Conciliation
Act 1996, in the Hon''ble District Court of Odisha at Cuttack, wherein
the Court had admitted JSL''s petition and had issued notice to Xstrata.
During the year, Xstrata had initiated enforcement proceedings against
certain overseas assets of JSL, including immovable property situated
in London, United Kingdom, assets of JSL''s overseas subsidiaries and
JSL''s investments in its overseas subsidiaries. Subsequent to above,
the existing lenders initiated their claims in some of the proceedings,
pursuant to their rights under the security package.
Xstrata has now in-principle agreed to settle the claim for a total
amount of USD 7 million, however, this is subject to necessary
statutory approvals and execution of settlement agreement to this
effect. Pending the fulfillment of foregoing requirements, a provision
has been created for equivalent of USD 7 million under the head
Exceptional Items.
13. (A) certain balances of debtors, trade payable and other
liabilities are subject to confirmation and/or reconciliation.
(B) Certain charges created for secured loans are in process of
satisfaction.
(C) Although the book value/fair value of certain unquoted investments
amounting to Rs. 3,663.10 Lacs ( Rs. 3,663.10 Lacs), as reflected in Note
no 12, including investment in a foreign subsidiary is lower than the
cost or companies are having negative net worth, considering the
strategic and long term nature of the investment, future prospectus and
assets base of the investee company, such decline, in the opinion of
the management, has been considered to be of temporary nature and hence
no provision for the same is considered necessary.
The company has also given inter corporate deposit to its subsidiary
company amounting to Rs. 4,639.70 Lacs ( Rs. 4,430.11 Lacs) where the
subsidiary companies has accumulated losses/negative net worth. In view
of the long term involvement of the company in the said companies no
provision has been considered necessary.
14. Advance recoverable in cash or in kind or for value to be received
includes:- (a) Interest free loan to employee amounting to Rs. 35.62 Lacs
( Rs. 16.82 Lacs) in the ordinary course of business and as per employee
service rules of the company. Maximum balance outstanding during the
year is Rs. 61.85 Lacs ( Rs. 28.16 Lacs).
(b) Rs. 22.30 Lacs ( Rs. 22.30 Lacs) as advance against share application
money with subsidiary company.
15. Research and Development expenses for the year amounting to Rs.
86.47 Lacs ( Rs. 63.28 Lacs) on account of revenue expenditure
charged/debited to respective heads of accounts.
16. The Haryana Government levied w.e.f. 05.05.2000 a Local Area
Development Tax (the LADT Act) on the Manufacturing units in the State
of Haryana on the entry of goods for use and consumption. JSL and other
units have challenged the Act in the Hon''ble Punjab and Haryana High
Court. The Hon''ble Punjab and Haryana High Court disallowed the
petition in December, 2001 and the company had by a Special Leave
Petition challenged the Order of High Court in the Hon''ble Supreme
Court. The Hon''ble Supreme Court referred the matter to a ''five judges''
Constitutional Bench, which laid certain parameters to examine the Act
on those lines. On the basis of these parameters the Hon''ble High Court
have declared the Act to be ultra virus on 14th March, 2007. Since,
this issue was being canvassed by various High Courts, the Hon''ble
Supreme Court gave an Interim Order that those states where the High
Courts have given judgment in favour of the petitioner, no tax would be
collected. In the mean time the Haryana Government has repealed the
LADT Act and introduced another Act by the name of ''Entry Tax'' on the
same lines. That Act was also been held ultra virus by the High Court.
However, on prudence basis, the liability has been fully provided for.
The order of Punjab and Haryana High Court and other judgements of all
the Courts of India have been long pending. The State Governments have
requested the Hon''ble Supreme Court that it is very difficult for them
to run the Government. So at least till the pendency of the cases in
the Hon''ble Supreme Court they may be allowed to charge from past
liability and also from the future liability to be accrued. On 30th
October, 2009, the Hon''ble Supreme Court have directed that 1/3rd of
the liability is to be paid by all the assesses whose cases are pending
in the High Courts. As, at present, there is no Act either LADT/Entry
Tax prevalent in Haryana State, no tax is being collected from the
assesses however undertaking have given by assesses that in case they
lose they will make the payment. As such on prudence basis, full
liability has been provided for. In the meantime, i.e. on 16.04.2010
the Entry Tax matters of the states have been referred to a larger
9-Judges Constitutional Bench of the Supreme Court, where the judgement
of 7-Judges Constitutional Bench passed 49 years ago would be
revisited. Constitution Bench has not been constituted as yet and the
status of the case is as it is and at present no tax is being
collected/paid in Haryana.
17. On 28th July, 2010, the company has granted 3,577,500 stock
options to eligible employees of the company, its subsidiaries
including non executive directors (excluding Nominee Director), as per
Company''s Employee Stock Option Scheme, 2010 (ESOP 2010). The exercise
price of stock options is Rs. 75/- per share which would gradually vest
over a maximum period of 4 years from the date of grant based on
specified criteria, as may be decided by Compensation Committee. During
the year ended on 31st March, 2012, 487,500 (471,250) stock options
lapsed due to resignation, retirement etc.
18. Finance Lease
Assets acquired under leases where the company has substantially all
the risks and rewards of ownership are classified as finance lease.
Such assets are capitalized at inception of the lease at the lower of
the fair value or net present value if minimum lease payments and a
liability is created for an equivalent amount.
Lease interest charged to profit & loss for right to use of CTL Machine
(Cut to length) for the services regarding cutting of Stainless Steel
sheets.
19. During the year ended 31st March 2012, the Revised Schedule VI
notified under the Companies Act 1956, has become applicable to the
company, for preparation and presentation of its financial statements.
The adoption of revised schedule VI does not impact recognition and
measurement principles followed for preparation of financial
statements, however it has significant impact on presentation and
disclosures made in the financial statements. The company has also
reclassified the previous year figures in accordance with the
requirements applicable in the current year.
20. The company has exercised option available to its under clause 46A
of Accounting Standard AS 11 as amended by the Companies (Accounting
Standards) (Second Amendment) Rules, 2011 in respect of accounting for
fluctuation in foreign exchange relating to Long Term Foreign Currency
Monetary Items. Accordingly, during the year, the company has adjusted
a sum of Rs. 5,611.19 Lacs to the cost of its fixed assets on account of
such difference arising during the year ended on 31st March, 2012,
which was hitherto charged to the profit & loss account.
21. Segment Reporting
i) Information about Business Segment ( for the year 2011-12 )
Company operates in a Single Primary Segment ( Business Segment ) i.e.
Stainless Steel products.
22. Related Party Transactions
A List of Related Party & Relationship ( As identified by the
Management )
a) Subsidiary Companies :
1 PT. Jindal Stainless Indonesia
2 Jindal Stainless Steelway Limited
3 JSL Lifestyle Limited
4 JSL Architecture Limited
5 Jindal Stainless UK Limited
6 Jindal Stainless FZE
7 Green Delhi BQS Limited
8 Jindal Stainless Madencilik Sanayi Ve Ticaret Anonim Sirketi
9 JSL Media Limited
10 Jindal Aceros Inoxidables S.L.
11 JSL Group Holdings Pte. Limited
12 JSL Logistics Limited
13 Iberjindal S.L.
14 Jindal Stainless Italy Srl.
15 JSL Ventures Pte. Limited
16 JSL Europe SA
17 JSL Minerals & Metals SA
b) Joint Ventures:
1 MJSJ Coal Limited
c) Key Management Personnel :
1 Smt. Savitri Devi Jindal Chairperson (till 31.03.2011)
2 Shri Ratan Jindal Vice-Chairman & Managing Director
3 Shri Ramesh R. Nair President & Executive Director (w.e.f.
03.11.2011)
4 Shri Arvind Parakh Director - Finance (till 01.10.2011)
5 Shri S.S. Virdi Executive Director & Chief Operating Officer (w.e.f.
06.04.2010)
6 Shri Jitender P Verma Executive Director - Finance (w.e.f.
09.02.2012)
7 Shri N.P. Jayaswal Executive Director (till 06.04.2010)
8 Shri Jitendra Kumar Company Secretary
d) Enterprises over which Key Management Personnel and their relatives
exercise significant influence with whom transactions have been taken
place during the year:
1 Jindal Steel & Power Limited
2 JSW Steel Limited
3 Jindal Saw Limited
4 Jindal Industries Limited
5 Nalwa Steel & Power Limited
6 Bir Plantation Private Limited
7 Sona Bheel Tea Limited
8 Jindal Overseas Holding Limited
9 JSW Ispat Steel Limited
23. Previous years'' figures have been re-arranged and regrouped
wherever considered necessary .
24. Figures in bracket indicate previous year figures.
25. Note 1 to 58 are annexed to and form integral part of the Balance
Sheet and Statement of Profit & Loss. |
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| Source : Dion Global Solutions Limited | |
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