Jun 30, 2010
1. CONTINGENT LIABILITIES NOT PROVIDED FOR IN RESPECT OF:
(Rs. In lacs)
As at As at
30.06.2010 31.12.2008
a) Letters of Credit and Bank Guarantees
outstanding
b) Claims / disputed liabilities not ackno
wledged as debts.
Following demands are disputed by the comp
any and are not provided for.
(i) Show Cause Notice issued by The Comm
issioner 153,80 153.80
Central Excise, Pune for excise duty on
fabrication of factory shed. *The demand
is confirmed by
The Commissioner, Central Excise, Pune
vide order-dated 29.03.06. Appeal again
st the same is filed at CESTAT Mumbai
and stay granted.
(ii) Claim for reversal of CENVAT on capital
goods 346.72 332.20
(including interest) by DGCEI, Pune *
Show Cause Notice has been confirmed by
The Commissioner, Central Excise, Pune
and Appeal against the same was filed
at CESTAT Mumbai and order was set aside.
Department has filed appeal in High Court
in this regard and the same has been
admitted.
(iii) Show Cause Notice issued for service
tax on 24.32 24.32
transportation by The Asst. Commissioner,
Central Excise, Pune.
* Matter is pending before The Addl. Com
missioner, Central Excise, Pune.
(iv) Demand for penalty for non-submission of
Bill of Entry 20.74 20.74
by Appellate Tribunal for foreign excha
nge, New Delhi.
*Matter is stayed at Calcutta High Court,
Calcutta.
(v) Demand for duty/interest/penalty on scrap
imported 4.28 4.28
under DEPB at Kandla Port by The Comm.
of Custom Kandla *Appeal against the same
is filed at CESTAT Ahmedabad.
(vi) Demand for sales tax on stock held at the 363.90 363.90
commencement of the deferment scheme /
purchase tax set off / sales tax on dispo
sal of scrap / sales tax deferment on
account of difference in computation.
* Appeals are pending at MST Tribunal, Mumbai / Commissioner Sales Tax,
Pune.
2. SECURED LOANS
a) 1300325017% Non-Convertible Debentures (NCDs) of Rs. 100/- each,
issued to Financial institutions and the term loan from Banks are
secured by a first mortgage and charge on the Companys immovable and
movable properties both present and future, subject to the charges
created in favour of the Companys bankers on current assets for
securing borrowings for working capital. NCDs issued to IFCI and ICICI
are redeemable in five equal annual instalments commencing from 31st
March, 1999 and from 31st March, 1997 respectively and NCDs issued to
IDBI are redeemable in five equal annual instalments commencing from
31st March, 2000. NCD outstanding to IFCI, ICICI and IDBI are Rs.
3063.25 lacs, Rs. 1029.30 lacs and Rs. 8426.17 lacs (Including Rs.
1596.17 lacs ZRD converted into NCD by IDBI) respectively.
b) 3033881 Zero Rated Debentures (ZRDs) of Rs. 100/- each issued to
Financial Institutions towards conversion of interest on NCD during the
period 01.04.94 to 31.03.96 are secured as indicated in (a) above. Out
of these, 1437710 ZRDs allotted to IFCI & ICICI were redeemable in
three equal annual instalments starting from 31 st March, 1997.726810
ZRDs issued to ICICI already redeemed in earlier years and ZRD
outstanding to IFCI is Rs. 238.70 lacs. The remaining 1596171 ZRDs of
Rs. 100/- each issued to IDBI has been converted into 17% NCDs and are
redeemable in three equal annual instalments commencing from 31st
March, 2002 and it shall be secured as indicated in (a) above.
c) All the mortgages and charges created or to be created in favour of
the Financial Institutions and Banks rank pan passu inter-se.
d) The NCDs are personally guaranteed by the Promoters and ZRDs are yet
to be personally guaranteed by the Promoters.
e) Cash Credit facilities from the banks are secured by hypothecation
of the Companys stock of raw materials, finished goods, consumable
stores and book debts, both present and future as well as second charge
on fixed assets.
f) Settlement Amount due to ISPAT INDUSTRIES LIMITED (IIL) is to be
secured by a second charge on the Fixed Assets on receipt of No
Objection Certificate from secured lenders and was repayable in 28
quarterly equal instalments commencing from 30.06.2000, carrying
interest ç 13% P.A. from 01.04.98. Up to date Interest on above,
amounting to Rs. 151.30 Crores (including Rs.18.52 Crore for the
period) has not been provided in view of submission of Draft
Rehabilitation Scheme, which seeks waiver of interest among others.
Principal outstanding is Rs. 9500 Lacs.
3. The Preference Shares were convertible into Equity Shares between
the 3rd and 5th year from the date of allotment i.e. 29th September,
88. The Company has approached the Preference Shareholders for
converting this into Equity Shares for which consent is awaited.
Arrears of dividends on these shares upto 30th June, 2010 is Rs.217.54
lacs including Rs. 15 lacs for the period.
4. In pursuance of the restructuring scheme sanctioned by All India
Financial Institutions in earlier years:-
a) Financial Institutions have a right to revoke the agreement and
forfeit the amount paid by the Company in case of default in honouring
the commitments.
b) Financial Institutions have a right to recompense in respect of
sacrifices undertaken by them.
c) Any delay in payment of settlement amount would carry liquidated
damage of 5.15% PA.
5. Unapplied interest to Banks up to 31.03.96 has been converted into
WCTL (New) payable in 20 equal quarterly instalments commencing from
April 97. New WCTL outstanding is Rs. 1384.37 lacs.
6. The debit balance i?l Profit & Loss Account as on 31.03.1995 and as
on 31.03.1998 amounting to Rs. 20418.31 Lacs and Rs. 18095.38 Lacs has
been set off and adjusted, during the respective years on the basis of
legal opinion obtained by the Company, against balance in revaluation
reserve account.
7. a) Balances of Sundry Debtors, Sundry Creditors and loans &
advances given & taken are unconfirmed and have been taken at values as
stated in the Books of Account and the reconciliation is under process.
Necessary adjustments are being carried out in the books of account on
completion of reconciliation of individual account.
b) As Companys Accounts with Banks and Financial Institutions have
become NPA, balance confirmation from such lenders for the period
thereafter are not yet received.
c) Interest on loan / Debentures (NCD & ZRD) from financial
Institutions and others is provided up to March 03. Interest due to
Financial Institutions, Maharashtra State Electricity Distribution
CoTnpany Ltd. (MSEDCL) and others amounting to Rs. 1110.57 Crores from
April 03 to June 10 (Including Rs. 387.85 Crores for the Period) has
not been provided in view of the submission of a Draft Rehabilitation
Scheme, which seeks waiver of accumulated interest among others by
these agencies. The same is under.consideration of these agencies.
d) (i) Interest on Outstanding with Banks has been provided up to March
2003.
(ii) Interest on agreed settlement amount of Rs. 42 Crores with banks
amounting to Rs. 5.17 Crores has been provided up to March 07.However
interest on settlement amount from April 2007 to June 2010 amounting to
Rs. 12.05 Crores (Including Rs 5.61 Crores for the Period) has
notbeen provided in view of revised Draft Rehabilitation Scheme
submitted to BIFR.
(iii) Interest on total outstanding from Banks in excess of settlement
amount amounting to Rs. 356.69 Crores (Including Rs 109.49 Crores for
the Period) has not been provided from April 2003 in view of the
submission of a Draft Rehabilitation Scheme, which seeks waiver of
accumulated interest among others by them. The same is under their
consideration.
8. Sundry Debtors (Rs.6.59 Crores) are under litigation, against which
a provision is made for Rs. 6.59 Crores. Though provision has been
made, Company has been following with all sorts of recovery
proceedings, and the amount, if any, recovered will be accounted for as
and when the same is received.
9. Government of Maharashtra had issued prohibition order against
lockout on 29th November 2001, which was upheld by Bombay High Court,
against which Special Leave Petition was filed in the Honourable
Supreme Court. The Honourable Supreme Court has upheld the order of
State Government during the period. No provision has been made for the
salary, wages and bonus etc. for the period from 6th November, 2000
onward due to amount being unascertainable as the matter is pending in
Industrial Court Pune and is subjudice.
10. Valuation of finished goods has been done at lower of cost or
"market price based on the Balance Sheet as at 30th September, 2001" in
view of suspension of operation from October 2000. In the opinion of
the management, sufficient provision for Raw Material and Stores have
already been made in the earlier years, and the realisable value of all
the inventories would be more than as stated in the accounts.
11. Depreciation amounting to Rs.35.16 crores on revaluation amount of
assets has been charged to Profit & Loss Account.
12. Advance against share application money is pending for conversion
in Equity shares due to non-receipt of required approval from Financial
Institutions.
13. (i) Gratuity and Other post employment benefit plans:
The Company provides for gratuity and leave expenses on the basis of
actuarial valuation. The Company does not have any fund for gratuity
and leave liability and the same are accounted for as provision.
(ii) In accordance with the revised Accounting Standard 15 i.e.
Employee benefits, the requisite disclosure are as follows:
(b) In respect of Defined Benefit Plans necessary disclosure are as
under:
(i) Benefits are as follows:
Every Employee who has completed five years or more of service is
entitled to gratuity on terms not less favourable than the provisions
of the payment of Gratuity Act, 1972.
(c) During The period company has provided gratuity & Leave Liability
based on Actuarial Valuation.
(d) Actuarial liability as on 30.06.10 under gratuity and Leave are Rs.
231.36 Lacs (Rs. 206,13 Lacs) and Rs. 65.99 Lacs (Rs. 64.70 Lacs)
respectively for the employees on the roll.
(e) Principal actuarial assumption for gratuity at the balance sheet
date are as follows:
14. Quantitative information of goods manufactured:
15. The Company has only single segment i.e. manufacturing of Steel.
16. Deferred tax assets has not been computed and accounted for in
view of uncertainty of profit in near future.
17. Test as required under Accounting Standard 28 relating to
impairment of assets could not be carried out as the Companys plant is
under lock out. The same will be done on restart of the plant.
18. Sales Tax dues under Sales Tax Deferment Scheme, instalment of
which amounting to Rs. 2418.03 lacs (1469.96 Lacs) that has fallen due
between 2003 and June 2010 has not been paid in view of application to
the concerned authority for reschedulement of dues. /
19. Related Party Disclosure under Accounting Standard -18
The List of related parties as identified by the management are as
under:
a) Name of Related Parties
Person having direct or indirect control over the Company - None Key
management personnel -J. P. Khemka Enterprises over which Key
managerial personnel / Shareholders or their relatives have significant
influence - None
Disclaimer: This is 3rd Party content/feed, viewers are requested to use their discretion and conduct proper diligence before investing, GoodReturns does not take any liability on the genuineness and correctness of the information in this article