1. The shareholders in annual general meeting held on 11 June 2010
approved sub-division of equity share of Rs. 2 into equity share of Rs. 1
each fully paid up, and allotted bonus shares in the ratio of 1:1 post
sub-division. The bonus shares have been issued by capitalising the
Security Premium Account. This has resulted in increase in issued and
paid up equity share capital from Rs. 168.08 Crore to Rs. 336.12 Crore.
2. In terms of Scheme of Arrangement (Scheme) as approved by the
Honble High Court of Judicature at Mumbai, vide its order dated 19
April 2002 the Company during 2002-2003 reduced its paid up share
capital by Rs. 10.03 Crore. There are 3,75,544 equity shares of Rs. 1 each
(Previous Year 2,05,615 equity shares of Rs. 2 each) pending clearance
from NSDL/CDSL. A Special Leave Petition filed in the Honble Supreme
Court of India against the judgement of Honble High Court of Mumbai by
SEBI and Department of Company Affairs has been inter-alia dismissed.
The Company has filed application in Honble High Court of Mumbai to
cancel these shares, the decision on which is pending.
3. In accordance with the Accounting Standards (AS-28) on Impairment
of Assets, during the year the Company has carried out a review to
identify whether the recoverable value of any fixed assets is lower
than its book value and accordingly no provision is created during the
current year.
4. Arising from the Announcement of the Institute of Chartered
Accountants of India (ICAI) on 29 March 2008, the Company has, since
2007-08, chosen to early adopt Accounting Standard (AS) 30, Financial
Instruments: Recognition and Measurement. Coterminous with this, in the
spirit of complete adoption, as have been announced by the ICAI, the
Company has also implemented the consequential limited revisions in
view of AS-30 to certain Accounting Standards. Accordingly,
(i) Current investments which under AS-13 Accounting for Investments
are carried at the lower of cost and fair value, have been accounted
for at fair value resulting in investment being valued at Rs. 112.85
Crore (Previous Year Rs. 53.20 Crore) above their cost and the profit
before tax being higher by Rs. 90.12 Crore (Previous Year lower by Rs.
18.00 Crore) and Investment revaluation reserve being higher by Rs. 19.75
Crore (Previous Year Rs. 32.60 Crore).
(ii) In case of 4% Convertible Senior Notes, issued in October 2009,
the conversion option has been measured at the fair value through
Profit & Loss Account and the Notes carried at amortised cost. If AS 30
had not been adopted for this transaction, other income would have been
lower by Rs. 314.11 Crore (Previous Year Rs. 58.66 Crore) for the year
ended 31 March 2011, interest & finance charges would have been lower
by Rs. 93.48 Crore (Previous Year Rs. 42.71 Crore) for the year ended 31
March 2011 and profit after tax would have been lower by Rs. 147.35 Crore
(Previous Year Rs. 10.65 Crore) for the year ended 31 March 2011.
5. The Company offers equity-based award plans to its employees,
officers and directors through its parent, Vedanta Resources Plc. [The
Vedanta Resources Long Term Incentive Plan (the LTIP)].
The LTIP is the primary arrangement under which share-based incentives
are provided to the defined management group. The maximum value of
shares that can be awarded to members of the defined management group
is calculated by reference to the balance of basic salary and
share-based remuneration consistent with local market practice. The
performance condition attaching to outstanding awards under the LTIP is
that of Vedantas performance, measured in terms of Total Shareholder
Return (TSR) compared over a three year period with the performance
of the companies as defined in the scheme from the date of grant.
Under this scheme, initial awards under the LTIP were granted in
February 2004 and subsequently further awards were granted in the
respective years. The awards are indexed to and settled by Vedanta
shares. The awards provide for a fixed exercise price denominated in
Vedantas functional currency at 10 US cents per share, the performance
period of each award is three years and the same is exercisable within
a period of six months from the date of vesting beyond which the option
lapse. Under the scheme, Vedanta is obligated to issue the shares.
Further, in accordance with the terms of agreement between Vedanta and
SIIL, on the grant date fair value of the awards is recovered by
Vedanta from SIIL.
Amount recovered by Vedanta and recognised by the Company in the
statement of income for the financial year ended 31 March 2011 6.36
Crore (Previous Year Rs. 4.67 Crore). The Company considers these amounts
as not material and accordingly has not provided further disclosures.
6. During the previous year 2009-10, the Company had provided Rs. 273.53
Crore (being the draw down of USD 50 million Letter of Credit and other
expenses relating to termination of Purchase and Sale Agreement for
ASARCO) as exceptional item. During the month of March 2010, ASARCO had
filed a complaint against the Company and Sterlite (USA) in the US
Bankruptcy Court for the Southern District of Texas, Corpus Christi
Division, for the alleged breach of the Purchase and Sale Agreement
signed in May 2008. The allegation among other things includes a
refusal to pay $ 2.60 billion purchase price and refusal to above
liabilities and contractual obligation by the Company and its wholly
owned subsidiary Sterlite (USA).The Company has refuted the claim and
filed a response to the application. Bankruptcy Court trial on the
matter is fixed from 13 June 2011 through 17 June 2011.
7. The employees gratuity fund scheme is, managed by Life Insurance
Corporation of India (LIC), a defined benefit plan. The present value
of obligation is determined based on actuarial valuation using
projected unit credit method, which recognise each period of service as
giving rise to additional unit of employee benefit entitlement and
measures each unit separately to build up the final obligation. The
obligation for short-term compensated absences is recognised on actual
basis for the portion of accumulated leave which an employee can
encash.
8. (a) As per the Honble Supreme Court order dated 08 August 2008 in
IA No. 2134 of 2007 in WP No. 202 of 1995, the Govt. of Orissa
had floated a special purpose vehicle in the name of Lanjigarh Project
Area Development Foundation (LPADF) on 06 October 2009 with an
authorised capital of Rs. 0.05 Crore in which stake holders were
Government of Orissa, Orissa Mining Corporation Ltd. (OMCL) & Sterlite
Industries (India) Limited. LPADF had been formed as a Sec.25 company
to undertake developmental / welfare activities in the Lanjigarh
Scheduled Area. Lanjigarh Schedule Area Development Foundation (LSADF)
was incorporated on 23 January 2009 as an SPV for carrying welfare
activities for the people of Kalinandi and Rayagada District in the
State of Orissa. After incorporation of LPADF by State of Orissa in
line with Supreme Court order, LSADF proposed to be considered as SPV
was dissolved on 02 August 2010 and the name is striken off by the
Registrar of Companies u/s 560 of the Companies Act, 1956.
(b) The Company (SIIL) entered into Joint venture agreement with Orissa
Mining Corporation Limited (OMCL) and incorporated South West Orissa
Bauxite Mining Private Limited (SWOBM) with equity contribution of Rs.
0.05 Crore in the ratio of 74 (SIIL):26 OMCL). SWOBM was incorporated
on 15 July 2009 to carry on the business of raising and mining bauxite
and alumina bearing ore from the bauxite mines in the State of Orissa.
As per JV agreement dated 05 October 2004 and subsequent amendment
thereto in 2009, said company was to enter into Raising contract
agreement with OMCL, the lessee of Niyamgiri Mines to raise bauxite
from said mines. Since Ministry of Environment & Forests (MoEF) has not
granted approval for forest diversion, hence no mining activity can be
undertaken now and accordingly the raising contract agreement has not
been entered into.
9. Advance recoverable in cash or in kind includes Rs. Nil (Previous
Year Rs. 0.06) due from Lake City Ventures Private Limited (formerly
known as Sterlite Shipping Ventures Private Limited) in which directors
are interested. Maximum amount outstanding at any time during the year
is Rs. 0.06 Crore (Previous Year Rs. 0.06 Crore).
10. General expenses include donations aggregating to ` 0.10 Crore
(Previous Year ` 12.00 Crore) made during the year to political
parties.
11. During the previous year, the Company had raised USD 500 million
through issue of 4% Convertible Senior Notes of USD 1,000 each at an
initial conversion price of USD 23.33 per ADS. The Notes are
convertible into 42.8688 ADSs per Note subject to adjustment in certain
events. As per AS 30 at inception, the issue proceeds of the same has
been allocated to the conversion option (which is an embedded
derivative) with the residual value allocated to the Notes to establish
its initial carrying cost. Subsequently, the conversion option has been
measured at fair value through profit and loss with changes in fair
value to be recognised in the Profit & Loss Account, and the Notes been
carried at amortised cost. As on 31 March 2011, conversion option
amounting to 275.71 Crore (Previous Year 596.30 Crore) is included
along with 4% Convertible Senior note of US$ 1,000 per note in Schedule
4 - Unsecured Loans.
12. In response to the various writ petitions filed in the year
1996-1998 challenging the environment clearances for setting up of the
copper smelter at Tuticorin, the Madras High Court by its order dated
28 September 2010 ordered the closure of the smelter at Tuticorin. The
Company has filed Special Leave Petition (SLP) in the Supreme Court of
India against the impugned order of Madras High Court. The Supreme
Court of India on 18 October 2010 heard the SLP and stayed the order of
the High Court and which has been extended from time to time. The
matter is listed on 29 April 2011 for further hearing.
13. The Company had recognised an amount of 57.80 Crore in the year
2008-09 as claims receivable on account of insurance claim due to the
cooling tower failure, based on a provisional estimate basis. During
the year, the Company has written off an amount of 16.00 Crore
(Previous Year Rs. 17.62 Crore) in the Profit & Loss Account based on the
revised estimates by the Company.
14. During the year, the Central Excise Department has issued an
exparte notice for reversal of Cenvat credit of 315 Crore along with
interest of 8.78 Crore for non compliance of Rules 4(5a) and 4(6) of
the Cenvat Credit Rules, in respect of non-return of job work challans
for the period March to September 2009 within stipulated time. In
addition, the Department has also alleged violation of Advance license
conditions for the period 2005-2009. No show cause notice in this
regard has been served on the Company. The Company has obtained a Writ
for stay on recoveries / further proceedings from the Honourable Madras
High Court, Madurai Bench, in both the matters. The Company has also
been legally advised that the alleged charges are not legally
sustainable and there is no financial liability on the Company.
15. (a) Net exchange difference (gain)/loss amounting to (79.92)
Crore [Previous Year (261.27) Crore] related to procurement of raw
materials has been accounted under raw material consumption.
(b) Aggregate net exchange gain included in the Profit and Loss Account
including (a) above for the year is 82.84 Crore (Previous Year Rs.
270.78 Crore)
16. Disclosure on Financial and Derivatives Instruments
a) Derivative contracts entered into by the Company and outstandings as
at Balance Sheet date.
(i) To hedge currency related risks, the Company has entered into forex
forward covers. The nominal amounts of such derivative contracts
outstanding as at Balance sheet date are ` 1,543.76 Crore (net of
Forward Sell covers of ` 227.19 Crore) (Previous Year ` 1,690.93
Crore).
17. The figures of previous year have been recasted, rearranged and
regrouped wherever considered necessary.
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