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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 />

112 Winning Momentum 113

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