1. Nature of operations
Munjal Showa Limited (the Company) is a Company established in 1985
as result of technical and financial collaboration between Hero Group
and Showa Corporation, Japan. The Company operates as an ancillary and
manufactures auto components for the two-wheeler and four-wheeler
industry, primary products being front forks, shock absorbers, struts,
gas springs and window balancers for sale in domestic market. The
Company has two manufacturing locations in the state of Haryana and one
plant at Haridwar.
2. Segmental information
Based on the guiding principles given in Accounting Standard on
Segmental Reporting (AS-17), issued by the Institute of Chartered
Accountants of India, the Companys primary business segment is
manufacturing of auto components for two- wheeler and four-wheeler
industry. The business comprises manufacturing and selling of various
auto components, viz, front fork, shock absorbers, struts, gas springs
and window balancers, having similar risks and rewards because of
similar nature of these items. The Company is having negligible export
and operates mainly in India i.e. only one business and geographical
segment and thus no further disclosures are required to be made as per
Accounting Standard (AS-17).
3. Related party disclosure
(i) Names of related parties
(a) Key management personnel and their relatives
- Mr. Brijmohan Lall Munjal- Chairman
- Mr. Yogesh Chander Munjal – Managing Director
- Mr. Tetsuo Terada - Joint Managing Director (from 18th May, 2010)
- Mr. Kazuhiro Nishioka- Joint Managing Director (upto 23rd March,
2010)
- Mr. Suresh Munjal- Relative of Mr. Yogesh Chander Munjal
(b) Enterprise with significant influence over the Company
- Showa Corporation, Japan
(c) Enterprises owned or significantly influenced by key management
personnel and their relatives
- Hero Honda Motors Limited
- Sunbeam Auto Private Limited *
- Hero Cycles Limited
- Hero Corporate Services Limited
- Majestic Auto Limited
- Dayanand Munjal Investments Private Limited
- Thakurdevi Investments Private Limited
- Arrow Infrastructure Limited
- Rockman Industries Limited
- Shivam Autotech Limited
* Public limited company till 18th May, 2010.
Provision for Warranty
A provision is recognized for expected warranty claims on products sold
during the last two years for some models and three years for others,
based on past experience of level of repairs and returns. Assumption
used to calculate the provision for warranties were based on current
sales level and current information available about returns based on
the warranty period for all products sold.
Provision (others)
The Company has in the last year received a show-cause notice from
Haryana State Pollution Control Board (HSPCB) towards contamination
of ground water caused due to higher concentration of chromium used by
the Company as compared to the minimum expected level. Pursuant to the
show cause notice, the management had submitted a time bound
remediation plan as per which specified milestones are to be achieved
at the end of each quarter till December 2010. A bank guarantee of Rs.
50,000,000 has also been submitted to HSPCB. The management has
initiated adequate steps suggested by the experts and has completed the
plan within the overall time frame. The matter is pending with
Appellate Authority, HSPCB. Since the matter is sub-judice, provision
of Rs.20,000,000 (Previous year Rs. 32,500,000) is being retained
towards any contingency, as per managements assessment of the costs to
be incurred.
4 Contingent liabilities (not provided for) in respect
of: (Amount in Rs.)
Particulars March 31, 201 March 31, 2010
a) Demands raised by Income Tax
Authorities, being disputed
by the Company. 217,314,420 151,149,021
b) Show cause notices issued by
Excise Authorities, being
disputed by the Company. 177,506,951 39,228,000
c) Demand raised by Employees State
Insurance Recovery Officer, being
disputed by the Company. 4,365,036 4,365,036
d) Pending cases with Income Tax Appellate Authorities / High Liability
not Liability not Court where Income Tax Department has preferred
appeals. ascertainable ascertainable
a) Demands raised by the Income Tax Authorities comprise of:
i) In respect of Assessment Years 1993-94 and 1996-97, allowability of
certain expenses like foreign technician expenses, design and drawing
fees were pending under appeal with ITAT. ITAT has decided in favour of
Company. The Income tax department has appealed against the Company
before the High Court wherein the High Court has ordered in favour of
the Company which is pending for appeal effect. The total amount
involved is Rs. 1,494,076 (Previous year Rs. 1,494,076).
ii) In respect of Assessment Years 1998-99 and 1999-00, allowability of
certain expenses like foreign technician expenses, design and drawing
fees were pending under appeal with ITAT. The issue has been set aside
by the Tribunal to the file of the assessing officer to follow the
order of earlier years. The Company has obtained legal opinion as per
which the Company has possibility of success. The total amount involved
is Rs. 373,287 (Previous year Rs. 373,287).
iii) In respect of Assessment Years 2002-03, 2003-04 and 2004-05 issues
relating to some percentage of expenses like royalty, technician fee,
design and drawing, prior period (2004-05) is pending with ITAT. The
Company has obtained legal opinion as per which the Company has
possibility of success. The amount involved is Rs. 22,649,734 (Previous
year Rs. 32,433,639).
iv) In respect of Assessment Year 2005-06, certain adjustments were
made to the transaction values by the tax authorities based on arms
length price of international transactions entered with associated
enterprises. The issue is pending with CIT (Appeals), based on which
demand was raised. The Company has obtained legal opinion as per which
the Company has possibility of success. The amount involved is Rs.
115,302,063 (Previous year Rs. 116,848,019).
v) In respect of Assessment Year 2006-07, certain adjustments were made
to the transaction values by the tax authorities based on arms length
price of international transactions entered with associated enterprises
and on disallowance of royalty and technical fee is pending with ITAT.
The Company has obtained legal opinion as per which there is a
possibility of success. The amount involved is Rs.77,495,260 (Previous
year Rs.53,191,210 excluding interest, penalty etc).
vi) In respect of Assessment Year 2007-08, certain adjustments were
made to the transaction values by the tax authorities based on arms
length price of international transactions entered with associated
enterprises and on disallowance of royalty and technical fee. The
Company has preferred filing the objections against the draft
assessment order and is pending before Dispute Resolution Panel (DRP)
for disposal. The Company has obtained legal opinion as per which there
is a possibility of success. The amount of disallowances is Rs
1,433,774,260, on which income tax amounts to Rs.482,608,417 (excluding
interest, penalty etc).
b) Show cause/demand notices issued by Excise Authorities comprise of:
(i) The Excise authorities have issued Show Cause Notices (SCNs) on
the Company proposing to levy Service tax on royalty payments amounting
to Rs. 157,284,357 (Previous year Rs. 39,228,000) as recipient of
services under reverse charge mechanism on the royalty paid for such
import of services during the period from September 10, 2004 to March
31, 2010. The amount of interest and penalty at this stage is not
determinable. The Company has filed reply against the above show cause
notices for rectification of mistake by Rs. 70,280,250 and has
protested the balance demand of Rs. 87,004,107. The hearing on the same
is pending for disposal. However, the Company can claim service tax
credit of material amount.
(ii) The Excise authorities have issued show cause/ demand notices
(SCNs) on the Company for wrong availment of service tax and cenvat
aggregating to Rs. 20,222,594. The Company has filed reply against the
above show cause/ demand notices and has protested the same. The
Company has obtained legal opinion as per which there is a possibility
of success.
c) Demands raised by Employee State Insurance Recovery Officer:
Contingent liabilities in respect of demands raised by the Employee
State Insurance Recovery Officer represent amount demanded from the
Company due to lack of records for the period 1994 to 1998 on the basis
of inspections carried out at the Company. The demand has been stayed
by Honble Judge, Employee Insurance Court, Gurgaon.
5. In accordance with explanations below Para 10 of Notified
Accounting Standard 9 - Revenue Recognition, excise duty on sales
amounting to Rs. 975,728,763 (Previous Year Rs. 730,594,416) has been
reduced from sales in Profit & Loss Account and excise duty on
variation of opening and closing stock of finished goods and scrap
amounting to Rs. 426,523 (Previous Year income of Rs. 860,690) has been
considered as expense in the financial statements.
6. Gratuity
The Company has a defined benefit gratuity plan. Every employee who has
completed five years or more of service gets a gratuity on departure at
15 days salary (last drawn salary) for each completed year of service
or part thereof in excess of six months. The scheme is funded with an
insurance company in the form of a qualifying insurance policy.The
following tables summarise the components of net benefit expense
recognized in the profit and loss account and the funded status and
amounts recognized in the balance sheet for the gratuity plan.
7. Operating Lease Obligations
The Company has taken various residential under operating lease
agreements. These are generally not non- cancellable” and are
renewable by mutual consent on mutually agreed terms. There is no
escalation clause in the lease agreement. There are no restrictions
imposed by lease arrangements. There are no subleases.
Lease payments for the year are Rs. 2,371,400 (Previous Year Rs.
1,754,900)
Minimum Lease Payments:
Not later than one year – Rs 1,837,800 (Previous Year Rs. 2,342,250)
Later than one year but not later than five years – Rs 509,250
(Previous Year Rs. 1,085,340)
Later than five years – Rs. Nil
8. A sum of Rs. 2,620,522 (Previous year Rs. 847,089) on account of
unamortized foreign exchange premium on outstanding forward exchange
contracts is being carried forward to be charged to Profit and Loss
Account of subsequent period.
9. Previous year comparatives
Previous years figures have been regrouped, where considered
necessary, to conform to this years classification.
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