Annual Report - 2005-06 - GAIL (India)
Annual Report - 2005-06 - GAIL (India)
Annual Report - 2005-06 - GAIL (India)
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20. Contingent Liabilities and<br />
Capital Commitments<br />
a. Contingent Liabilities are<br />
disclosed in each case above<br />
Rs.5 Lakhs.<br />
b. Estimated amount of contracts<br />
remaining to be executed on<br />
capital accounts are disclosed in<br />
each case above Rs.5 Lakhs.<br />
21. Impairment<br />
The Carrying amounts of assets are<br />
reviewed at each Balance Sheet<br />
date if there is any indication of<br />
impairment based on Internal /<br />
External factors, an Impairment<br />
loss is recognized wherever the<br />
carrying amount of an asset<br />
exceeds its recoverable amount.<br />
GENERAL<br />
22. Prepaid expenses and prior period expenses/<br />
income upto Rs.1,00,000/- in each case are<br />
charged to relevant heads of account of the<br />
current year.<br />
23. Liquidated Damages, if any, are accounted<br />
for as and when recovery is effected and<br />
the matter is considered settled by the<br />
Management. Liquidated damages, if settled,<br />
after capitalization of assets are charged to<br />
revenue, if below Rs.50 Lakhs in each case<br />
otherwise adjusted in the cost of relevant<br />
assets.<br />
24. Insurance claims are accounted for on the basis<br />
of claims admitted by the insurers.<br />
25. a. Custom Duty and other claims (including<br />
interest on delayed payments) are<br />
accounted for on acceptance in principle.<br />
b. Liability in respect of MGO of<br />
Natural gas is not provided for<br />
where the same is secured by<br />
MGO recoverable from customers.<br />
Payments/receipts during the year<br />
on account of MGO are adjusted on<br />
receipt basis.<br />
c. Minimum charges relating<br />
to transportation of LPG are<br />
accounted for on receipt basis.<br />
As per our separate report of even date<br />
N.K.Nagpal R.K.Goel S. P. Rao Proshanto Banerjee For M/s S. MANN & COMPANY<br />
Secretary Director (Finance) Director(Projects) Chairman & Managing Director Chartered Accountants<br />
Subhash Mann<br />
Place : New Delhi<br />
(Partner)<br />
Dated : April 28, 20<strong>06</strong> Membership No. 80500<br />
Schedule 14 - Notes on Accounts<br />
1. Estimated amount of Contracts<br />
remaining to be executed on Capital<br />
Account and not provided for :<br />
i) For Joint Ventures: Nil (Previous<br />
Year: Nil).<br />
ii)<br />
iii)<br />
Share in Capital Commitment<br />
of Joint Ventures based on<br />
their unaudited statement<br />
of accounts: Rs.187.55 Crores<br />
(Previous Year: Rs.92.08 Crores).<br />
Company’s own unexecuted<br />
capital commitment: Rs.873.53<br />
Crores (Previous Year: Rs.265.60<br />
Crores).<br />
2. Contingent Liabilities :-<br />
I. Claims against the Company not<br />
acknowledged as debts: Rs.9933.68<br />
Crores (Previous Year: Rs.9225.29<br />
Crores), which mainly include:<br />
(a) Claims of ONGCL for Rs.401.48<br />
Crores (Previous Year: Rs.248.46<br />
Crores) on account of interest<br />
for delayed payment and MGO,<br />
etc. Out of these MGO claims<br />
of Rs.53.78 Crores (Previous<br />
Year: Rs.49.23 Crores) are<br />
recoverable on back-to-back<br />
basis.<br />
(b) Income Tax demand of<br />
Rs.1289.74 Crores (Previous<br />
Year: Rs.1026.81 Crores<br />
relating to the assessment<br />
years 1996-97 to 2002-03)<br />
relating to assessment years<br />
1996-97 to 2003-04. This<br />
includes penalty demand of<br />
Rs.234.12 Crores (Previous<br />
Year Rs.NIL) under section<br />
271 (1) (C) of the Income<br />
Tax Act, 1961 for which<br />
stay application has been<br />
filed with CIT (A) and Delhi<br />
High Court. The Income tax<br />
assessment of the Company<br />
has been completed up to<br />
the assessment year 2003-04.<br />
Against the total demand, the<br />
Company has paid/adjusted<br />
Rs.1105.34 Crores (Previous<br />
Year: Rs.1024.52 Crores) under<br />
protest. Based upon the<br />
decision of the appellate authorities<br />
and the interpretation of the provisions<br />
of the Income Tax Act, the Company<br />
has been legally advised that the<br />
demand is likely to be either deleted<br />
or it may be substantially reduced. The<br />
Company has filed appeals against<br />
the demand for the assessment years<br />
1996-97 to 2002-03 with ITAT and for<br />
assessment year 2003-04 with CIT (A).<br />
(c) Sales Tax demand of Rs.3449.18 Crores<br />
(Previous Year: Rs.3449.18 Crores) and<br />
interest thereon Rs.1513.04 Crores<br />
(Previous Year: Rs.1513.04 Crores) for<br />
Hazira unit in Gujarat State: Sales Tax<br />
Authorities, Ahmedabad have treated<br />
the transfer of Natural Gas by the<br />
Company from the state of Gujarat to<br />
other states during the period April,<br />
1994 to March, 2001 as inter-state sales<br />
under Section 3(a) of the Central Sales<br />
Tax Act. The Company has been paying<br />
sales tax under section 12 of the<br />
Gujarat Sales Tax Act against Form 17<br />
since inception (1987) and accordingly<br />
the sales tax assessments have been<br />
completed. Based on the interpretation<br />
of the provisions of the Sales Tax Act<br />
and legal advice from the experts, the<br />
Company had filed writ petition and<br />
special leave petition in the Supreme<br />
Court of <strong>India</strong>. In February, <strong>2005</strong> the<br />
case was transferred by Hon’ble<br />
Supreme Court to Gujarat Sales Tax<br />
Tribunal for decision. The Tribunal<br />
has given its judgment on 16.05.<strong>2005</strong><br />
accepting the contention of the<br />
Company for interstate transportation<br />
of Natural Gas as branch transfer and<br />
not the interstate sale and set aside<br />
the demand under section 41-B of<br />
the Gujarat Sales Tax Act. The Hon’ble<br />
Tribunal has given further instruction<br />
to the Assessing Authority to assess<br />
Company and decide tax liability in<br />
accordance with the law for the period<br />
1998-1999 to 2000-2001 considering<br />
interstate transfer of natural gas as<br />
branch transfer.<br />
(d) Commissioner of Customs, Ahmedabad<br />
has issued show cause notices where<br />
in a sum of Rs.581.22 Crores (Previous<br />
year: Rs.581.22 Crores) for the period<br />
22.<strong>06</strong>.1997 to 10.02.2002<br />
has been demanded, by<br />
treating <strong>GAIL</strong> as importer<br />
under Section 2(26) of<br />
the Customs Act, 1962<br />
on account of purchase<br />
of gas from Tapti and<br />
Panna-Mukta fields from<br />
Joint Venture of British<br />
Gas Exploration and<br />
Production (I) Limited, RIL<br />
and ONGCL (JVCs). The<br />
Company is of the view<br />
that as it is purchasing<br />
gas from JVCs at Hazira at<br />
the downstream flange of<br />
ONGCL’s gas processing<br />
facilities along with other<br />
natural gas coming from<br />
South Basin, it is not liable<br />
to Customs Duty. The<br />
replies to Show cause<br />
notice have already been<br />
sent to the Commissioner<br />
of Customs in consultation<br />
with the Consultants on<br />
14.<strong>06</strong>.2002. No further<br />
response has been<br />
received.<br />
(e) Excise duty demand of<br />
Rs.137.84 Crores (Previous<br />
year: Rs.123.63 Crores):<br />
Excise Authorities have<br />
raised demands at Vijaipur,<br />
by treating lean gas as<br />
gaseous hydrocarbon<br />
and denying exemption<br />
available to lean gas, which<br />
has all along been treated<br />
as an exempted product.<br />
The Company has obtained<br />
favourable orders against<br />
past and subsequent<br />
demands. This demand<br />
also has been set aside and<br />
pronounced in the open<br />
court by the CESTAT on<br />
19.04.20<strong>06</strong>. Written Order is<br />
yet to be received.<br />
II. Bonds executed, Letters<br />
of Credit : Rs.27.58 Crores<br />
(Previous Year: Rs.13.40 Crores).<br />
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