A. NATURE OF OPERATIONS
Whirlpool of India Limited is a leading manufacturer of home
appliances. It is primarily engaged in manufacturing and trading of
Refrigerators, Washing Machines, Air Conditioners, Microwave Ovens and
small appliances and caters to both domestic and international markets.
It also provides services in the area of product development,
information technology, accounting and procurement services to
Whirlpool Corporation, USA and other group companies.
1. CONTINGENT LIABILITIES
(Rs. in lacs)
Particulars As at As at
March 31, 2011 March 31, 2010
(a) Claims against the Company not
acknowledged 1,247.52 1,487.51
as debts
These claims are in respect of various cases filed by
the ex-employees and consumers. It has been
estimated that the liability arising on the Company
should the actions be successful is Rs. 1,247.52 lacs
(Previous Year Rs. 1,487.51 lacs). The legal
proceedings are going on and therefore it is not
practicable to state the timing of any payment. The
management is of the opinion that it is possible, but
not probable, that the action will succeed and
accordingly no provision for any liability has been made
in these financial statements.
(b) Others:-
- On account of pending appeals of Excise Duty &
Service Tax 3,586.46 1,479.83
- On account of pending appeals of
Custom Duty 305.63 256.02
- On account of pending appeals of Sales Tax
assessments 1,650.85 1,554.57
These cases as mentioned in point (b) above for which the total
estimated liability, should the actions be successful, is Rs. 5,542.94
lacs (Previous year Rs. 3,290.42 lacs). The legal proceedings are going
on and therefore it is not practicable to state the timing of any
payment.
In view of large number of cases, it is not practicable to disclose
individual details of all the cases. On the basis of current status of
individual case and as per legal advice obtained by the Company,
wherever applicable, the Company is confident of winning the above
cases and is of view that no provision is required in respect of these
cases.
(c) During the Income-tax assessments of various years, the Assessing
Officers have made certain disallowances of Rs. 9,383.33 lacs (Previous
Year Rs. 10,938.47 lacs), other than transfer pricing adjustments over
the past few years. The Companys appeals against these orders are
pending before the CIT Appeals/Appellate Authorities. The Income-tax
department has also appealed against the Company before the Appellate
Authorities for certain matters wherein the CIT Appeals have ordered in
favour of the Company.
The Income Tax Authorities (Transfer Pricing Officers) have reduced the
loss by Rs. 9,734.49 lacs (Previous Year Rs. 9,734.49 lacs) for the
Assessment year 2005-06, Rs. 7,967.93 lacs (Previous Year Rs. 7,967.93
lacs) for the Assessment year 2004-05 and Rs. 3,628.14 lacs (Previous
Year Rs. 1,699.09 lacs) for the Assessment year 2003-04 on account of
transfer pricing adjustments. The Company has gone into appeal with
Income Tax Appellate Tribunal against the aforesaid adjustments which
have been adjusted against the brought forward losses from earlier
years. Depending on the outcome of the afore-mentioned cases,
assessments for the subsequent periods to March 31, 2011 could include
demands/ settlements on the similar items, amounts whereof could not be
ascertained.
During the year the Income Tax Authorities have imposed penalty
aggregating to Rs. 638.61 lacs in respect of assessment year 2003-04
for furnishing inaccurate particulars of income. The Company has
appealed against the penalty order to CIT(A).
The Company has recognized deferred tax assets considering that there
would not be any adjustments to returned losses on account of the above
cases. The management, based on expert opinion, believes that the
Company has good chances of success.
2. During the year 2005-06, the Company had issued 1,523,42,500 10%
Redeemable Non- Convertible Cumulative Preference Shares of Rs. 10
each, fully paid up, to Whirlpool Canada Holding Co., a subsidiary of
Whirlpool Corporation Inc., USA, the ultimate holding company. These
Preference Shares were redeemable at par at the earliest of the
following events:
(i) at the end of 20 years from the date of allotment i.e June 20, 2005
for 108,850,000 shares and August 9, 2005 for 43,492,500 shares;
(ii) at any time after the expiry of 30 days from the date on which the
Company gives subscribers a notice of its intention to redeem the
shares; or
(iii) within 30 days from the date on which the subscriber gives the
Company a notice of its intention to have the shares redeemed.
During the current year the Company has redeemed 98,492,500 (Previous
Year Nil) Preference Shares at par based on a notice received from the
subscriber i.e. Whirlpool Canada Holding Co, giving its intention to
have the shares redeemed. Such Preference Shares were redeemed by the
Company in two tranches, 43,492,500 Preference Shares on July 22, 2010
and 55,000,000 Preference Shares on November 2, 2010. The total amount
of Preference Share Capital redeemed by the Company during the current
year aggregates to Rs. 9,849.25 lacs (Previous Year Nil). Consequently
thereto, an amount of Rs. 9,849.25 lacs has also been transferred to
Capital Redemption Reserve Account.
3. Capital work contracted but still under execution (net of advances)
is estimated at Rs. 1,108.82 lacs (Previous Year Rs. 1,064.67 lacs).
4. Segment Reporting
Information pertaining to Secondary Segment
Fixed Assets as per Geographical Locations
The Company has common fixed assets, other assets and liabilities for
domestic as well as overseas market. Hence, separate figures for assets
and liabilities have not been furnished.
5. Related Party Transactions
Following are the Related Parties and transactions made with them
during the year:
Key Management Personnel
Mr. Arvind Uppal, Chairman & Managing
Director Mr. Vikas Singhal (w.e.f July 25, 2008
till March 31, 2010) Mr.Syed Shazad Akhtar
(w.e.f May 17, 2010)
Parties having direct or indirect
control over the Company
Whirlpool Corporation Inc., USA (Holding
Company), Whirlpool Mauritius Limited
Group Companies / Enterprise
where common control exists and
with whom transactions have taken
place during the year.
Maytag Sales Inc., Whirlpool (China) Investment
Co. Ltd., Whirlpool Greater China Inc., Whirlpool
Southeast Asia Pte, Whirlpool Europe S.r.l.,
Whirlpool (Thailand) Limited, Whirlpool India
Holdings Limited, Whirlpool Slovakia Spol s.r.o.,
Whirlpool Home Appliance (Shanghai) Co., Ltd.,
Whirlpool S.A., Whirlpool (Hong Kong) Limited,
Whirlpool Colombia S.A., Whirlpool (Australia)
Pty. Limited, WFC de Mexico S. de R.L. de C.V.,
Whirlpool Maroc S. àr.l. Whirlpool Argentina S.A,
Whirlpool South Africa (Pty) Limited, Guangdong
Whirlpool Electrical Appliances Co. Ltd.,
Whirlpool Microwave Products Development
Limited, Beijing Embraco Snowflake
Compressor Company Ltd, Whirlpool France
S.A.S., Whirlpool Sweden A.B., Whirlpool
Canada Holding Co., Whirlpool Polska S.A.,
Bauknecht Hausgeräte GmbH, Whirlpool d.o.o.
Beograd, Empressa Brasileira,Comercial Acros
Whirlpool, S.A. de C.V., Whirlpool Product
Development (Shenzhen) Co. Ltd., Whirlpool
Asia Pvt Ltd., Whirlpool SSC Ltd. and Whirlpool
Peru S.R.L.
6. Income Tax
The Company has recognized Rs. 5,029.68 lacs as on March 31, 2011 as
Minimum Alternate Tax (MAT) credit entitlement (Previous Year Rs.
4,177.75 lacs), which represents that portion of the MAT Liability, the
credit of which would be available based on the provisions of Section
115 JAA of the Income Tax Act, 1961. The Management based on the future
profitability projections and also profit earned during the year is
confident that there would be sufficient taxable profit in future which
will enable the Company to utilize the above MAT credit entitlement.
7. Share Based Compensation
Disclosures in accordance with the Guidance Note on Accounting for
Employee Share-based Payments issued by Institute of Chartered
Accountants of India
The Company does not provide any equity-based compensation to its
employees. However, the parent company, Whirlpool Corporation, USA has
provided various share-based payment schemes to employees.
A. Details of these plans are given below:
i) Employee Stock Options
A stock option gives an employee, the right to purchase shares of
Whirlpool at a fixed price for a specific period of time. The grant
price (or strike price) is fixed at the closing price of Whirlpool
common stock on the date of grant. Stock options expire in ten years
from the date they are granted and vests in equal annual installments
over service periods.
ii) Performance Cash Units
A performance cash unit is a unit valued at (1 performance cash unit
= ), which employee receive at the end of a specified vesting period.
Performance cash units provide cash value at delivery. Performance cash
units always have value and are not tied to the price of Whirlpool
stock.
8. Gratuity and other post-employment benefit plans
Gratuity (being administered by a Trust) is computed as 15 days salary,
for every completed year of service or part thereof in excess of 6
months and is payable on retirement/termination/ resignation. The
benefit vests on the employee completing 5 years of service. The
Gratuity plan for the Company is a defined benefit scheme where annual
contributions as demanded by the insurer are deposited, to a Gratuity
Trust Fund established to provide gratuity benefits. The Trust has
taken an Insurance policy, whereby these contributions are transferred
to the insurer. The Company makes provision of such gratuity asset/
liability in the books of account on the basis of actuarial valuation
carried out by an independent actuary.
The Superannuation (pension) plan for the Company is a defined
contribution scheme where monthly contribution @ 15% of basic pay for
certain employee at manager and above level (at the option of employee)
is paid to a Superannuation Trust Fund established to provide pension
benefits. The Trust Fund has taken an Insurance policy, whereby these
contributions are transferred to the insurer.
The Provident Fund is a defined contribution scheme whereby the Company
deposits an amount determined as a fixed percentage of basic pay to the
Statutory Provident Fund. The benefit vests upon commencement of
employment.
The Company has also agreed to provide certain additional retirement
benefits to the employees of the Faridabad Refrigeration Operations
where Rs.20,000 is paid to employee on his retirement. Additional
retirement benefit is unfunded defined benefit scheme. The Company
makes provision of such liability on the basis of actuarial valuation
carried out by an independent actuary.
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 respective plans.
9. Excise duty on sales amounting to Rs. 19,632.41 lacs (Previous Year
Rs. 13,620.46 lacs) has been reduced from sales in Profit and Loss
account and excise duty on increase in stock amounting to Rs. 948.26
lacs (Previous Year Rs. 638.01 lacs) has been considered as expense in
Schedule Q of the financial statements.
10. Previous year figures have been regrouped/ rearranged wherever
considered necessary.
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