1. During the year the Company has changed its accounting policy
pertaining to amounts received from consumers towards capital/service
line contributions. These contributions which were earlier recognised
as liability are now recognised as income over the life of the fixed
assets. Pursuant to this change a sum of Rs. 38.90 crores pertaining to
earlier years has been recognised as income during the current year.
2. During the previous year, the Company issued 3,000 1.75% Foreign
Currency Convertible Bonds (FCCB) with face value of U.S. $ 100,000
each aggregating to U.S. $ 300 million (Rs. 1,404.45 crores at issue, net
proceeds received Rs. 1,391.67 crores). The bondholders have an option to
convert these Bonds into Equity Shares, at an initial conversion price
of Rs. 1,456.125 per share at a fixed rate of exchange on conversion of Rs.
46.81 = U.S. $ 1.00, at any time on and after 31st December, 2009, upto
11th November, 2014. The conversion price is subject to adjustment in
certain circumstances. The FCCB may be redeemed, in whole but not in
part, at the option of the Company at any time on or after 20th
November, 2011 subject to satisfaction of certain conditions. Unless
previously converted, redeemed or repurchased and cancelled, the FCCB
fall due for redemption on 21st November, 2014 at 109.47 percent of
their principal amount together with accrued and unpaid interest.
The unutilised portion of FCCB amounting to U.S. $ 129.44 million (31st
March, 2010 – U.S. $ 247.75 million) has been invested in short term
deposits with Bank.
3. During the previous year, the Company issued equity shares in the
form of Global Depository Receipts (GDRs) listed on the Luxembourg
Stock Exchange for a gross amount of U.S. $ 335 million. Each GDR
represents 1 equity share of the Company, at a nominal value of Rs. 10
per equity share. The Company had issued 1,48,38,110 GDRs which had
been priced at U.S. $ 22.577 per GDR (Rs. 48.27 being the reference
exchange rate) as per relevant pricing guidelines for issue of GDRs.
Consequently, in previous year, there was an increase in the Subscribed
Share Capital by Rs. 14.84 crores and Securities Premium Account by Rs.
1,601.38 crores (net of issue expenses).
4. In an earlier year, the Company had commissioned its 120 MW thermal
power unit at Jojobera, Jharkhand. Revenue in respect of this unit is
recognised on the basis of a draft Power Purchase Agreement prepared
jointly by the Company and its customer which is pending finalisation.
5. The Company has been legally advised that the Company is considered
to be established with the object of providing infrastructural
facilities and accordingly, Section 372A of the Companies Act, 1956 is
not applicable to the Company.
6. The Company has an investment in Tata Teleservices Limited (TTSL)
of Rs. 735.48 crores (31st March, 2010 – Rs. 735.48 crores). Based on the
accounts as certified by the Management for the year ended 31st March,
2011, TTSL has accumulated losses which have significantly eroded its
net worth. In the opinion of the Management, having regard to the long
term nature of the business, there is no diminution other than
temporary, in the value of the investment.
7. Capital commitments not provided for are estimated at Rs. 903.72
crores (31st March, 2010 – Rs. 594.10 crores).
8. Contingent Liabilities and Other Commitments:
(a) Claims against the Company not acknowledged as debts Rs. 261.81
crores (31st March, 2010 – Rs. 216.14 crores) consists mainly of the
following:
(i) Octroi claims disputed by the Company aggregating to Rs. 5.03 crores
(31st March, 2010 – Rs. 5.03 crores), in respect of Octroi exemption
claimed by the Company.
(ii) A Suit has been filed against the Company claiming compensation of
Rs. 20.51 crores (31st March, 2010 – Rs. 20.51 crores) by way of damages
for alleged wrongful disconnection of power supply and interest accrued
thereon Rs. 103.37 crores (31st March, 2010 – Rs. 99.06 crores).
(iii) Rates, Cess, Way Leave Fees, Entry tax and Duty claims disputed
by the Company aggregating to Rs. 87.47 crores (31st March, 2010 – Rs.
62.14 crores). In respect of certain dues as per the terms of an
agreement, the Company has the right to claim reimbursement from a
third party.
(iv) Other claims against the Company not acknowledged as debts Rs. 45.43
crores (31st March, 2010 – Rs. 29.40 crores).
(c) Uncalled liability on partly paid up shares Rs. 31.03 crores (31st
March, 2010 – Rs. 55.60 crores).
(ii) In terms of the Sponsor Support agreement entered into between the
Company, Coastal Gujarat Power Limited (CGPL) and lender''s of CGPL, the
Company has undertaken to provide support by way of base Equity
contribution to the extent of 25% of CGPL''s project cost and additional
equity or subordinated loans to be made or arranged for, if required as
per the financing agreements to finance the project. The sponsor
support also includes support by way of additional equity for any
overrun in project costs and Debt Service Reserve Guarantee as provided
under the financing agreements. The support will cease on the date of
financial completion as defined under the relevant financing
agreements. Further, CGPL has entered into an Agreement with the
Company for Additional Subordinated Loan to the extent of U.S. $ 50
million (equivalent to Rs. 200.00 crores). In accordance with this
agreement the Company has provided an Additional Subordinated Loan of Rs.
200.00 crores (31st March, 2010 – Rs. 172.00 crores) to CGPL. The accrued
interest on Additional Subordinated Loan shall be payable subject to
fulfillment of conditions in Subordination Agreement and Coal Supply
and Transportation Agreements Completion Date (CSTACD) agreement.
(iii) In terms of the Sponsor Support agreement entered into between
the Company, Industrial Energy Limited (IEL) and lender''s of IEL, in
the event of any overrun in the project cost of IEL to the extent of
10% of the project cost, the Company has undertaken to provide in
proportion to its shareholding in IEL, support by way of infusion of
fresh equity/preference capital or unsecured loans.
(e) In respect of NELCO Limited, the Company has undertaken to arrange
for the necessary financial support to NELCO Limited in the form of
interim short term funding for meeting its business requirements.
(f) In respect of the Standby Charges dispute with Reliance
Infrastructure Ltd. (R-Infra - formerly Reliance Energy Ltd.) for the
period from 1st April, 1999 to 31st March, 2004, the ATE, set aside the
MERC Order dated 31st May, 2004 and directed the Company to refund to
R-Infra as on 31st March, 2004, Rs. 354.00 crores (including interest of
Rs. 15.14 crores) and pay interest at 10% per annum thereafter. As at
31st March, 2011 the accumulated interest was Rs. 162.36 crores (31st
March, 2010 - Rs. 151.16 crores) (Rs. 11.20 crores for the year ended 31st
March, 2011). On appeal, the Hon''ble Supreme Court vide its interim
order dated 7th February, 2007, has stayed the ATE Order and in
accordance with its directives, the Company has furnished a bank
guarantee of the sum of Rs. 227.00 crores and also deposited Rs. 227.00
crores with the Registrar General of the Court which has been withdrawn
by R-Infra on furnishing the required undertaking to the Court. The
said deposit has been accounted as Other Deposits.
Further, no adjustment has been made for the reversal in terms of the
ATE Order dated 20th December, 2006 of Standby Charges credited in
previous years estimated at Rs. 519.00 crores. The aggregate of Standby
Charges credited in previous years, net of tax is estimated at Rs. 415.56
crores, which will be adjusted, wholly by a withdrawal/set off from
certain Statutory Reserves as allowed by MERC. No provision has been
made in the accounts towards interest that may be finally determined as
payable to R-Infra. Since 1st April, 2004, the Company has accounted
Standby Charges on the basis determined by the respective MERC Tariff
Orders.
The Company is of the view, supported by legal opinion, that the ATE''s
Order can be successfully challenged and hence, adjustments, if any,
including consequential adjustments to the Deferred Tax Liability Fund
and the Deferred Tax Liability Account will be recorded by the Company
on the final outcome of the matter.
(g) MERC vide its Tariff Order dated 11th June, 2004, had directed the
Company to treat the investment in its Wind energy project as outside
the Mumbai Licensed Area, consider a normative Debt Equity ratio of
70:30 to fund the Company''s fresh capital investments effective 1st
April, 2003 and had also allowed a normative interest charge @ 10% p.a.
on the said normative debt. The change to the Clear Profit and
Reasonable Return (consequent to the change in the Capital Base) as a
result of the above mentioned directives for the period upto 31st
March, 2004, has been adjusted by MERC from the Statutory Reserves
along with the disputed Standby Charges referred to in Note 10(f)
above. Consequently, the effect of these adjustments would be made with
the adjustments pertaining to the Standby Charges dispute as mentioned
in Note 10(f) above.
(h) In an earlier year, in terms of the agreements entered into between
Tata Teleservices Ltd. (TTSL), Tata Sons Ltd. (TSL) and NTT DoCoMo,
Inc. of Japan (Strategic Partner-SP), the Company was given by Tata
Sons an option to sell 2,72,82,177 equity shares in TTSL to the S P, as
part of a secondary sale of 25,31,63,941 equity shares effected along
with a primary issue of 84,38,79,801 shares by TTSL to the S P.
Accordingly, the Company realised Rs. 316.72 crores on sale of these
shares resulting in a profit of Rs. 255.62 crores.
If certain performance parameters and other conditions are not met,
should the SP decide to divest its entire shareholding in TTSL,
acquired under the primary issue and the secondary sale and should TSL
be unable to find a buyer for such shares, the Company is obligated to
acquire the shareholding of the S P, at the higher of fair value or 50
percent of the subscription purchase price, in proportion of the number
of shares sold by the Company to the aggregate of the secondary shares
sold to the S P, or if the SP divests the shares at a lower price pay a
compensation representing the difference between such lower sale price
and the price referred to above.
Further, in the event of breach of the representations and warranties
(other than title and tax) and covenants not capable of specific
performance, the Company is liable to reimburse TSL, on a pro-rata
basis, upto a maximum sum of Rs. 409.51 crores.
The exercise of the option by SP being contingent on several variables,
the liability if any, is considered by management to be remote and
indeterminable.
(i) In accordance with the terms of the Share Purchase Agreement and
the Shareholder''s Agreement entered into by Panatone Finvest Ltd.
(Panatone), an associate of the Company, with the Government of India,
Panatone has contractually undertaken a Surplus Land obligation
including agreeing to transfer 45% of the share capital of the
Resulting Company, at Nil consideration, to the Government of India and
other selling shareholders upon Demerger of the Surplus Land by Tata
Communications Limited (TCL). The Company has till date acquired
1,34,22,037 shares of TCL from Panatone. The Company would be entitled
to be allotted 4.71% of the share capital of the Resulting Company
based on its holding of 1,34,22,037 shares of TCL. The Company has
undertaken to Panatone to bear the Surplus Land obligation pertaining
to these shares.
(j) The Company has a long term investment of Rs. 3,172.50 crores
(including advance towards equity) and has extended loans amounting to
Rs. 221.06 crores (including interest accrued) to Coastal Gujarat Power
Limited (CGPL) a wholly owned subsidiary of the Company which is
implementing the 4000 MW Ultra Mega Power Project at Mundra (Mundra
UMPP).
Management is of the view that at the end of the reporting period there
are estimation uncertainties in assessing the recoverability of
carrying amounts of asset under construction that could result in a
material adjustment to the Company''s long term investment in CGPL.
CGPL has agreed to charging no escalation on 55 percent of the cost of
coal in terms of the 25 year power purchase agreement relating to the
Mundra UMPP. During the year, as a result of the changes in the fuel
prices, management has assessed the recoverability of the carrying
amount of the asset under construction at Mundra as of 31st March, 2011
of Rs. 12,842.95 crores and concluded that the cash flows expected to be
generated (on completion of construction and commencement of commercial
operations) over the useful life of the asset of 40 years would be
sufficient to recover the carrying amount of such asset. In estimating
the future cash flows, management has based on externally available
information, made certain assumptions relating to the future fuel
prices, future revenues, operating parameters and the asset''s useful
life which management believes reasonably reflects the future
expectation of these items.
Having regard to the above, in the opinion of the management of the
Company, no provision is considered necessary on this account as at
31st March, 2011.
However, if these assumptions change consequent to change in future
conditions, there could be an adverse effect on the recoverable amount
of the underlying asset.
The assumptions will be monitored on periodic basis by the management
and adjustments will be made if external conditions relating to the
assumptions indicate that such adjustments are appropriate.
11. (a) In the previous year, in respect of the Company''s Generation
Business as a Licensee, MERC in its Tariff Order dated 28th May, 2009,
had drawn from Contingencies Reserve to partially meet the impact on
tariff of the ATE Order dated 12th May, 2008, wherein ATE upheld the
stand taken by the Company regarding allowability of
expenses/accounting principles which were earlier disallowed/not
recognised by MERC in its truing-up for financial years 2004-05 and
2005-06. Accordingly, the Company had drawn Rs. 108.83 crores from
Contingencies Reserve. Further, the Company had recognised revenue of Rs.
105.40 crores and transferred Rs. 24.89 crores from Tariffs and Dividends
Control Reserve consequent to the above Order and the Orders pertaining
to the Transmission and Distribution Businesses dated 28th May, 2009
and 15th June, 2009 respectively. Certain disallowances arising from
these Orders aggregating to about Rs. 91.00 crores had not been
recognised as expense since they have been challenged by the Company at
the ATE.
(b) In the previous year, ATE in its Order dated 15th July, 2009, had
upheld the Company''s claim regarding allowability of certain
expenses/accounting principles which were earlier disallowed/not
recognised by MERC in its truing-up for the financial year 2006-07. On
this basis, during the period ended 31st December, 2009, the Company
had treated such expenses as recoverable through tariff and had
recognised revenue of Rs. 147.00 crores in respect of the financial years
2006-07 to 2008-09.
(c) During the year ended 31st March, 2011, MERC had completed
truing-up for the financial year 2008-09 and has accordingly issued
Tariff Orders. In these Tariff Orders, it has disallowed certain
reasonable claims made by the Company amounting to Rs. 74.00 crores.
Further, while giving effect to the favourable ATE Order dated 15th
July, 2009, pertaining to the financial years 2006-07 to 2007-08, MERC
has disallowed certain items amounting to Rs. 47.00 crores. Consequently,
the Company has appealed to the ATE against these disallowances. Based
on the earlier favourable ATE Order on similar matters, the Company is
confident of ATE allowing its claims and accordingly, the above
disallowances have not been recognised in the financial statements.
(d) During the year ATE in its order dated 15th February, 2011, has
upheld amongst others the Company claim towards entitlement of carrying
cost in respect of truing-up done by MERC for financial years 2004-05
and 2005-06. Accordingly the Company has booked an amount of Rs. 86.00
crores as its entitlement of carrying cost during the current year.
9. In the matter of claims raised by the Company on R-Infra, towards
(i) the difference in the energy charges for the period March 2001 to
May 2004 and (ii) for minimum off-take charges of energy for the period
1998 to 2000, MERC has issued an Order dated 12th December, 2007 in
favour of the Company. The total amount payable by R-Infra including
interest is estimated to be Rs. 323.87 crores as on 31st December, 2007.
ATE in its order dated 12th May, 2008 on appeal by R-Infra, has
directed R-Infra to pay for the difference in the energy charges
amounting to Rs. 34.98 crores for the period March 2001 to May 2004. In
respect of the minimum off-take charges of energy for the period 1998
to 2000 claimed by the Company from R-Infra, ATE has directed MERC that
the issue be examined afresh and after the decision of the Supreme
Court in the Appeals relating to the distribution licence and rebates
given by R-Infra. The Company and R-Infra had filed appeals in the
Supreme Court. The Supreme Court, vide its Order dated 14th December,
2009, has granted stay against ATE Order and has directed R-Infra to
deposit with the Supreme Court, a sum of Rs. 25.00 crores and furnish
Bank Guarantee of Rs. 9.98 crores. The Company had withdrawn the above
mentioned sum subject to an undertaking to refund the amount with
interest, in the event the Appeal is decided against the Company. On
grounds of prudence, the Company has not recognised any income arising
from the above matters.
10. Other Advances include advance towards equity, paid to Coastal
Gujarat Power Limited Rs. 342.00 crores (31st March, 2010 - Rs. 52.00
crores) and Maithon Power Limited Rs. 74.00 crores (31st March, 2010 - Rs.
55.50 crores).
11. Employee Benefits:
(a) In an earlier year the Company had adopted Accounting Standard
(AS-15) (Revised 2005) - ''Employee Benefits''. This had resulted in a
transitional liability (net) of Rs. 61.70 crores as at 1st April, 2007.
In accordance with the transitional provisions of the Accounting
Standard, the Company had decided to charge the transitional liability
as an expense over a period of 5 years and accordingly Rs. 22.40 crores
(31st March, 2010 – Rs. 12.34 crores) has been recognised as an expense
for the year under item 1 of Schedule 2 and balance amount of Rs. 2.28
crores (31st March, 2010 – Rs. 24.68 crores) is the unrecognised
transitional liability as at 31st March, 2011.
(b) The Company makes contribution towards provident fund and
superannuation fund to a defined contribution retirement benefit plan
for qualifying employees. The provident fund is administered by the
Trustees of Tata Power Consolidated Provident Fund and the
Superannuation Fund is administered by the Trustees of Tata Power
Superannuation Fund. Under the Schemes, the Company is required to
contribute a specified percentage of salary to the retirement benefit
schemes to fund the benefit.
The Rules of the Company''s Provident Fund administered by a Trust
require that if the Board of Trustees are unable to pay interest at the
rate declared by the Central Government under para 60 of the Employees''
Provident Fund Scheme, 1952, then the shortfall shall be made good by
the Company. Having regard to the assets of the Fund and the return on
the investments, the Company does not expect any shortfall in the
foreseeable future.
On account of Defined Contribution Plans, a sum of Rs. 29.69 crores
(Previous Year – Rs. 22.09 crores) has been charged to the Profit and
Loss Account.
(c) The Company operates the following unfunded defined benefit plans:
(i) Post Retirement Gratuity
(ii) Ex-Gratia Death Benefits
(iii) Retirement Gifts
(iv) Post Retirement Medical Benefits and
(v) Pension
(d) The actuarial valuation of the present value of the defined benefit
obligation has been carried out as at 31st March, 2011. The following
tables set out the amounts recognised in the financial statements as at
31st March, 2011 for the above mentioned defined benefit plans:
12. (a) Total number of electricity units sold during the year as
certified by Management - 16,060 MUs (31st March, 2010 - 15,574 MUs).
(b) Total number of electricity units purchased during the year as
certified by Management - 1,510 MUs (31st March, 2010 - 292 MUs).
13. In respect of the contracts pertaining to the Transmission EPC,
Strategic Electronics Business and Project Management Services,
disclosures required as per AS-7 (Revised) are as follows:
(a) Contract revenue recognised as revenue during the year Rs. 163.26
crores (31st March, 2010 - Rs. 141.94 crores).
(b) In respect of contracts in progress -
(i) The aggregate amount of costs incurred and recognised profits upto
31st March, 2011 - Rs. 159.94 crores (31st March, 2010 - Rs. 157.41
crores).
(ii) Advances and progress payments received as at 31st March, 2011 - Rs.
244.24 crores (31st March, 2010 - Rs. 19.04 crores).
(iii) Retention money included as at 31st March, 2011 in Sundry Debtors
-Rs. 8.39 crores (31st March, 2010 - Rs. 6.58 crores).
(c) (i) Gross amount due to customers for contract work as a liability
as at 31st March, 2011 - Rs. 181.49 crores (31st March, 2010 - Rs. Nil ).
(ii) Gross amount due from customers for contract work as an asset as
at 31st March, 2011 - Rs. 66.63 crores (31st March, 2010 - Rs. Nil).
(b) Managerial Remuneration shown above includes Rs. 1.00 crore (31st
March, 2010 – Rs. 0.21 crore) being short provision for commission
relating to the previous year.
(c) The above figures do not include charge for Gratuity, leave
encashment and other long term benefits, as separate figures are not
available.
(d) The Company has paid during the year monthly payments aggregating
to Rs. 0.95 crore (31st March, 2010 – Rs. 0.83 crore) under the post
retirement scheme to former Managing/Executive Directors.
14. Miscellaneous Expenses include donations aggregating to Rs. Nil (31st
March, 2010 – Rs. 1.00 crore) to Electoral Trust whose main object is to
create a transparent, non-discriminatory and non-discretionary vehicle
which would enable making of contributions to political parties in a
well regulated, efficient and objective manner. The Trust currently
provides only for distribution of funds for the Lok Sabha Parliamentary
Election.
15. Disclosure as required by Accounting Standard 18 (AS-18) Related
Party Disclosures are as follows: Names of the related parties and
description of relationship:
(a) Related parties where control exists: Subsidiaries
Af-Taab Investment Co. Ltd. (AIL)
Chemical Terminal Trombay Ltd. (CTTL)
Tata Power Trading Co. Ltd. (TPTCL)
Powerlinks Transmission Ltd. (PTL)
NELCO Ltd. (Nelco)
Maithon Power Ltd. (MPL)
Industrial Energy Ltd. (IEL)
North Delhi Power Ltd. (NDPL)
Coastal Gujarat Power Ltd. (CGPL)
Veltina Holdings Ltd. (VHL)
Bhira Investments Ltd. (BIL)
Bhivpuri Investments Ltd. (BHIL)
Khopoli Investments Ltd. (KIL)
Trust Energy Resources Pte. Ltd. (TERL)
Energy Eastern Pte. Ltd. ** (EEL)
Industrial Power Utility Ltd. (IPUL)
Tatanet Services Ltd.** (TNSL)
Industrial Power Infrastructure Ltd. (IPIL)
Vantech Investments Ltd. ** (VIL)
PT Itamaraya Tbk. ** (ITMA)
Tata Power Green Energy Private Ltd. ** (TPGEPL)
(from 5th January, 2011)
(b) Other related parties (where transactions have taken place during
the year): (i) Associates
Panatone Finvest Ltd. (PFL)
Tata Ceramics Ltd. (TCL)
Tata Projects Ltd. (TPL)
Yashmun Engineers Ltd. (YEL)
Rujuvalika Investments Ltd. (RUIL)
(ii) Joint Ventures
Tubed Coal Mines Ltd. (TCML)
Mandakini Coal Company Ltd. (MCCL)
Tata BP Solar India Ltd. (TBSIL)
Dagachhu Hydro Power Corporation Ltd. (DHPCL)
OTP Geothermal Pte. Ltd. ** (OTPGL) (from 19th April, 2010)
(iii) Promoters holding together with its Subsidiary is more than 20%
Tata Sons Ltd.
(c) Key Management Personnel
Prasad R. Menon (upto 31st January, 2011)
Anil Sardana (from 1st February, 2011)
S. Ramakrishnan
S. Padmanabhan
Banmali Agrawala
16. (i) Derivative Instruments:
The Company has entered into forward contracts, which are not intended
for trading or speculative purposes, to establish the amount of
reporting currency required or available at the settlement date of
certain short term borrowings.
(b) Secondary Segment Information:
The export turnover of the Company being Nil (31st March, 2010 – 0.02%)
of the total turnover, there are no reportable geographical segments.
17. Previous year''s figures have been regrouped, wherever necessary,
to conform to this year''s classification. Figures are rounded off to
nearest lakh. Figures below Rs. 50,000 are denoted by ''*''.
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