Monday, March 31, 2014

[aaykarbhavan] Download Direct Taxes Code 2013 + CBDT Order On Postings Of New Asst. Commissioners Of I. T.



Dear Subscriber,

Download Direct Taxes Code 2013

The Finance Ministry has released a revised and comprehensive "Direct Taxes Code 2013″. The said Code contains several significant changes with far-reaching implications to the law and practice of income-tax. The Code also seeks to make the law more simplified and comprehensible. There is specific emphasis in the Code on measures to tax tax evasion. The Finance Ministry has also issued a paper highlighting the salient features of the Direct Taxes Code 2013


CBDT Announces Postings Of New Assistant Commissioners Of Income-tax

The CBDT has vide Order No. 52 of 2014 dated 31.03.2014 announced the postings of 95 Assistant Commissioners of Income Tax (Probationers) in the Pay Scale of Rs. 15,600-39,100 (Plus Grade Pay of Rs. 5,400 in PB-3), on completion of training at National Academy of Direct Taxes, Nagpur in the Region of CCIT (CCA) / Station / Charge indicated against each with immediate effect and until further orders


Regards, 


Editor, 


itatonline.org
--------------------

Latest:

Monthly (Dec 2013) + Consolidated (Jan to Nov 2013) Digest Of Imp Case Laws



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[aaykarbhavan] Circular No 8 of 2014 [1 Attachment]



 
Regards
Prarthana Jalan


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[aaykarbhavan] Happy New Financial Year 2014-15



 
May this New Financial Year 2014-15 bring financial success for each of us,
May this New Financial Year, you achieve all your desired milestones.
 
Hope this year brings you lot prosperity and good health!!
 
Wishing you a very fruitful financial year 2014-15 ahead!!
 
Ashish Dubey


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[aaykarbhavan] Business standard updates



RBI wants govt to pare stakes in banks


MANOJIT SAHA

Mumbai, 31 March

The Reserve Bank of India (RBI) has recommended the Centre reduce its holdings in public sector banks. This, it says, is essential for robust corporate governance practices, considering these lenders’ deteriorating asset quality and rating downgrades.

The recommendation is part of a detailed blueprint for sweeping reforms in public sector banks, prepared by the central bank. The recommendations are being discussed with the finance ministry and will be taken up with the next government on a priority basis.

Stressing the importance of granting complete autonomy in the day- to- day operations of public sector banks so that these could effectively compete with their private sector peers, RBI said such autonomy was contingent upon the government reducing its stake, especially at a time when the Centre was resorting to borrowing for capital infusion in these banks.

The banking regulator has identified two areas which it terms the cause of all problems facing public sector banks — government ownership, which creates a constraint in efficient operations of banks, and successive regulatory and supervisory forbearance to government banks, a factor behind their poor performance.

Under the Banking Regulation Act, the government has to hold at least 51 per cent stake in public sector banks. However, in several cases, the stake is as much as 80 per cent.

RBI has also suggested the government and the regulator don’t involve themselves in the process of appointing the senior management at these banks, and also withdraw from the boards of public sector banks. It feels the posts of chairmen and managing directors should be split, as a chairman and managing director has absolute power and often dominates the board.

It also says the chief executive should have a fixed term of five years. The regulator has suggested ahost of reforms for various issues — from accountability in loan sanctioning to human resource management and board accountability. It has said lateral movement of staff at public sector banks should start at an early stage — at the level of deputy general manager and general manager. This would ensure a candidate was made aware of the bank he or she might head in the future, it said, adding lateral movement should also be considered for State Bank of India ( SBI).

It said the SBI group was more vulnerable in that the bank’s senior management was selected internally, which inhibited new thinking.

The RBI paper also raised the issue of auditors’ accountability, saying chartered accountant director should not be part of the management committee of the board that took decisions on loan sanctioning, as this led to conflict of interest.

The existing committee method of sanctioning loans should be done away with, as this didn’t hold any single individual accountable, the central bank said.

In case of frauds, banks’ boards and senior managements should be held accountable and abranch- level official should not be made scapegoat, it added.

Blueprint for sweeping reforms suggests govt, RBI nominees be withdrawn from the boards of public sector banks REFORM AREAS

|Governance issue: Splitting chairman & managing directors’ post |Corporate governance: RBI & govt to dissociate from selection of top management

|Public sector bank board:

RBI & govt should withdraw from boards |Auditors: CA director should not be a part of management committee |Fixed period: Chief executives should be given 5- year terms |Remuneration: Market- based remuneration, accompanied with stringer accountability, including clawback clauses

|Incentive structure:

Incentives/ bonuses should be paid over few years and not immediately |HR issues: Need to reassess number of EDs/ general managers in each bank

|HR appraisal policy:

Performance linked remuneration |Holding company: To begin with, such structure could be experimented with slammer PSBs

 

Tax dept inks advance pricing pacts with 5 MNCs


BS REPORTER

New Delhi, 31 March

In a step towards giving certainty to taxpayers in international transactions and bringing down litigation on transfer pricing disputes, the government on Monday signed the first batch of Advance Pricing Agreements (APA) with five multinationals in the field of pharmaceuticals, telecom, exploration and financial services.

As the country is going to have a new government after the elections in May, the agreements, covering five years from assessment year 2014- 15 to 2018- 19, provide comfort to India units of multinationals by specifying in advance the arms length price for the international transactions entered into by them.

"The agreements provide complete certainty to the taxpayers for five years with regard to the covered international transactions. The whole scheme of APA has been designed with the intention of creating a taxpayer- friendly environment in transfer pricing matters and to minimise transfer pricing disputes," the Central Board of Direct Taxes said on Monday.

The unilateral pacts include a range of international transactions, including interest payments, corporate guarantees, non- binding investment advisory services and contract manufacturing. The government withheld the identity of the taxpayers for confidentiality reasons. It is embroiled in transfer pricing rows with Vodafone and Shell, but the APAs would not include past cases.

The department also did not reveal the profit margins agreed upon by them, fearing other taxpayers might make it the benchmark for their APA negotiation.

The industry welcomed the signing of APAs saying it would lend credibility to the governments efforts to provide certainty to taxpayers, particularly when safe harbour rules failed to attract taxpayers.

It will be signing more APAs in the next few months since the process and methodology has been ironed out.

"This could have a positive impact on reducing transfer pricing litigation in India, with more taxpayers choosing this for managing dispute resolution," said Rohan K Phatarphekar, partner and national head, global transfer pricing services, KPMG.

Vijay Iyer, partner with EY, said in some concluded cases, the APA team had shown they were willing to deviate from safe harbour norms if the circumstances so deemed.

The APA programme came in effect on July 1, 2012, and at the end of the financial year in March 2013, the government had got 146 applications -the largest received by any country in the first year of APA. This year 250 applications have been filed.

For a department which has got flak for tax uncertainty and being unfriendly towards taxpayers, the conclusion of the first set of agreements in a year of its introduction is a feat. Applications received this year would be taken up the next financial year. Internationally, it takes two years to conclude an APA as the tax department does fact- finding on the foreign transactions of the Indian company with its related company.

"The APA team has 400 applications pending. This may go up the next year, unless safe harbour rules are made reasonable or the approach of the transfer pricing authorities becomes reasonable during audits," said SP Singh, senior director, Deloitte.

PwC, lead advisor in two of five APAs signed on Monday, said the professional and open approach of the authorities had been an enabler in the early success of the programme.

Before filing APA applications, taxpayers are given the opportunity to share their expectations from the APA process during the pre- filing consultations and the APA team shares a broader understanding of the coming APA procedure.

Move to provide certainty and bring down litigation

 


--
 
CS A Rengarajan
9381011200

CS Benevolent Fund is a collective effort towards extending the much needed financial support to the community of Company Secretaries in times of distress  Let us lend support and join for noble cause.



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[aaykarbhavan] =Auditor rotation must for select unlisted public, private companies KR SRIVATS source Business line



Corporate Affairs Ministry notifies final rules for auditor rotation
NEW DELHI, MARCH 31:  

The Corporate Affairs Ministry has delivered a "mixed bag" for the audit profession in its new auditor rotation rules.

The CA Institute, regulator of the audit profession in India, had pitched for audit firm and audit partner rotation only for the top 100 listed companies.

While excluding small companies and one-person company from the purview of auditor rotation, the Corporate Affairs Ministry has mandated audit firm and audit partner rotation for all listed companies and certain unlisted public companies and certain private companies.

"I am not disappointed. We were keen that private companies in India be kept out of auditor rotation. But the Ministry has thought otherwise.

Anyway, they have to some extent addressed our concerns and kept a threshold even for the unlisted public companies and private companies," K Raghu, President, Institute of Chartered Accountants of India (ICAI), told Business Line in his initial reactions to the new rules.

He also expressed satisfaction over the Ministry's decision to refrain from notifying the national financial reporting authority.

For the first time, India is introducing mandatory auditor rotation — both at an individual auditor level and at the audit firm level. The implementation of this norm is expected to enhance auditor independence and audit quality.

The new rules released today by the Corporate Affairs Ministry said that rotation rules will also apply to public companies having a paid up share capital of ₹10 crore or more, private companies having a paid-up capital of ₹20 crore or more.

Auditor rotation rules will also apply for unlisted public companies with less than ₹10 crore paid-up capital or private companies with paid-up capital of less than ₹20 crore, but who have borrowed more than ₹50 crore.

"The new auditor rotation rules are welcome. But the thresholds for private companies need to be revised upwards," G Ramaswamy, former CA Institute President and current Member of International Federation of Accountants (IFAC) board, said.

He also highlighted that auditor rotation is still being discussed in international forums and is only slowly gaining traction in developed countries forming part of the European Union.

KPMG view

While auditor rotation is gaining momentum in the EU and many other parts of the world, extending the requirement to unlisted companies is unusual, Jamil Khatri, Global Head of Accounting Advisory Services, KPMG in India, said.

This may be particularly troublesome for unlisted Indian subsidiaries of global multinational companies since the rotation period and requirements in their home countries may be different from those prescribed in India resulting in challenges in audit of the consolidated financial statements, he added.

The threshold levels prescribed in the auditor rotation rules are "practical", said Yogesh Sharma – Partner, Assurance at Grant Thornton India LLP.

This is a welcome change as it would provide significant relief for smaller companies, and to their auditors, from auditor rotation requirement not covered within these thresholds without muting the intent of the legislation, he added.

(This article was published on March 31, 2014)
--
 
CS A Rengarajan
9381011200

CS Benevolent Fund is a collective effort towards extending the much needed financial support to the community of Company Secretaries in times of distress  Let us lend support and join for noble cause.



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[aaykarbhavan] Business Standard


















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[aaykarbhavan] Re: [Gzb_CA Group -CA. VINAY MITTAL] Notes of Accounts for Electricity Company



http://ascjaipur.com/Financial%20Statements%20of%20Electricity%20Companies.pdf



http://www.moneycontrol.com/annual-report/tatapowercompany/notes-to-account/TPC
Notes to Accounts
Year End : Mar '13

1.  Background:      The Company, pioneered the generation of electricity in India nine   decades ago. Prior to 1st April, 2000 the Tata Electric Companies   comprised of the following three Companies -      - The Tata Hydro-Electric Power Supply Company Limited, established   in 1910 (Tata Hydro).      - The Andhra Valley Power Supply Company Limited, established in 1916   (Andhra Valley).      - The Tata Power Company Limited, established in 1919 (Tata Power).      With effect from 1st April, 2000, Andhra Valley and Tata Hydro merged   into Tata Power to result in one large unified entity.      The Company has an installed generation capacity of 3075 MW in India   and a presence in all the segments of the power sector viz.      Fuel and Logistics, Generation (thermal, hydro, solar and wind),   Transmission and Distribution.      2.1. The Company has been providing depreciation on assets at rates and   methodology relating to the electricity business in accordance with the   Central Government notification under the Electricity (Supply) Act,   1948 (repealed).      Vide its notification dated 31st May, 2011, the Ministry of Corporate   Affairs (MCA) has clarified that companies engaged in the generation   and supply of electricity can provide for depreciation at rates and   methodology notified by Central Electricity Regulatory Commission   (CERC). The CERC, under the provisions of The Electricity Act, 2003,   notified the rates and methodology effective 1st April, 2009, under the   Terms and Conditions of Tariff Regulations, 2009. These rates would be   applicable for purposes of tariff determination and accounting in terms   of the provisions of National Tariff Policy notified by the Government   of India.      Management had sought clarifications and guidance from the MCA on the   applicability of the CERC rates as the Company has both regulated and   non-regulated generating capacity.      The Company has, during the year ended 31st March, 2013, based on a   legal opinion, provided for depreciation in respect of its electricity   business following the rates and methodology notified by the CERC   w.e.f. 1st April, 2009 and at the rates as per the Power Purchase   Agreements (PPA) for capacities covered under PPAs, if higher than   those notified by CERC.  Accordingly, depreciation of Rs. 219.80 crore   for the years 2009-10 to 2011-12 has been written back during the year   ended 31st March, 2013. Further the depreciation charge for the year   ended 31st March, 2013 is lower by Rs. 48.02 crore. As a result, the   current tax for the year ended 31st March, 2013, is higher by Rs. 53.58   crore and the deferred tax charge for the year ended 31st March, 2013   is higher by Rs. 204.28 crore.      2.2. (a) During the previous year, in line with the Notification dated   29th December, 2011 issued by the Ministry of Corporate Affairs (MCA),   the Company had selected the option given in paragraph 46A of the   Accounting Standard-11 (AS-11) - The Effects of Changes in Foreign   Exchange Rates. Accordingly, the depreciated/amortised portion of net   foreign exchange (gain)/loss on long-term foreign currency monetary   items for the year ended 31st March, 2013 is Rs. 83.84 crore (31st   March, 2012 -Rs.39.01 crore). The unamortised portion carried forward   as at 31st March, 2013 is Rs. 253.86 crore (31st March, 2012 - Rs.   213.56 crore).      (b) During the previous year, the Company had changed its accounting   policy pertaining to accounting for expenditure incurred on   purchase/implemenation of application software which hitherto was being   charged off in the year of accrual and is now being capitalised and   amortised over the useful economic life or 5 years whichever is lower.   This results in a more appropriate presentation. As a result of this   change, the depreciation and amortisation for the previous year was   lower by Rs. 10.07 crore and the profit before tax was higher by Rs.   10.07 crore.      3.  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.      4.  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.      5.  (a) The Company has a long-term investment of Rs. 5,103.61 crore   (including advance towards equity) (31st March, 2012 - Rs. 4,112.08   crore) and has extended loans amounting to Rs. 436.57 crore (including   interest accrued) (31st March, 2012 - 7248.88crore) to Coastal Gujarat   Power Limited (CGPL) a wholly owned subsidiary of the Company which has   implemented the 4000 MW Ultra Mega Power Project at Mundra (Mundra   UMPP) and declared commercial operations for all its five Units of 800   MW each.      CGPL has obligated to charge escalation on 45 percent of the cost of   coal in terms of the 25 year power purchase agreement relating to the   Mundra UMPP. During the year, CGPL''s Management has re-assessed the   recoverability of the carrying amount of the assets at Mundra as of   31st March, 2013 and concluded that the cash flows expected to be   generated over the useful life of the asset of 40 years would not be   sufficient to recover the carrying amount of such assets and has   therefore recorded in CGPL''s books as at 31st March, 2013, a provision   for an impairment loss of Rs. 2,650.00 crore (31st March, 2012 - Rs.   1,800.00 crore).      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   assets'' useful life which Management believes reasonably reflects the   future expectation of these items. In view of the estimation   uncertainties, the assumptions will be monitored on a periodic basis   and adjustments will be made if conditions relating to the assumptions   indicate that such adjustments are appropriate.      The Company''s investments in Indonesian coal companies through its   wholly owned subsidiaries, Bhira Investments Limited and Khopoli   Investments Limited, were made to secure long-term coal supply. The   Management believes that cash inflows (in the nature of profit   distribution) from these investments from an economic perspective   provide protection from the risk of price volatility on coal to be used   in power generation in CGPL, to the extent not covered by price   escalations. In order to provide protection to CGPL and to support its   cash flows, the Management has committed to a future restructuring   under which the Company will transfer at least 75 percent of its equity   interests in the Indonesian Coal Companies to CGPL, subject to receipt   of regulatory and other necessary approvals which are being pursued and   will also evaluate other alternative options. A valuation of the equity   interests in the Indonesian Coal Companies has been carried out on the   basis of certain assumptions, including legal interpretation that there   is reasonable certainty that the mining leases would be extended   without significant cost.      Having regard to the overall returns expected from the Company''s   investment in CGPL, including the valuation of investments in the   Indonesian Coal Companies and the proposed future restructuring, no   provision for diminution in value of long-term investment in CGPL is   considered necessary as at 31st March, 2013.      (b) The Company has an investment in Tata Teleservices Limited (TTSL)   of Rs. 735.48 crore (31stMarch,2012 -r735.48crore). Based on the   accounts as certified by the TTSL Management for the period ended 31st   December, 2012, 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 also considering the   Hon''ble Supreme Court judgement cancelling the three (3) CDMA licenses   pertaining to Jammu & Kashmir, Assam and North East Circles of TTSL.      (c) The Company has an investment in Haldia Petrochemicals Limited   (HPL) of Rs. 22.50 crore (31stMarch, 2012 - f 22.50 crore).  Based on   the accounts for the year ended 31st March, 2012, HPL 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.      6.  Commitments:      (a) Capital commitments:      Capital commitments not provided for are estimated at Rs. 545.82 crore   (31stMarch, 2012 -Rs.477.46 crore).      (b) Uncalled liability on Shares and Other Investment partly paid:      Uncalled liability on partly paid-up shares - Rs. 13.42 crore   (31stMarch, 2012 -Rs. 13.33 crore).      (c) Other commitments:      (i) In terms of the Sponsor Support agreement entered into between the   Company, Coastal Gujarat Power Limited (CGPL) and lenders 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 Agreements with the Company,   (i) for Additional Subordinated Loan to the extent of USD 50 million   (equivalent to Rs. 200.00 crore at a fixed rate of exchange of Rs. 40 =   USD 1.00) and (ii) for Additional Subordinated Loans to the extent of   Rs. 1,600.00 crore. In accordance with these agreements the Company has   provided total Additional Subordinated Loans of Rs. 1,167.41 crore (of   which Rs. 767.41 crore has been converted into equity ) (31st March,   2012 - Rs.212.31 crore) to CGPL. Balance of both the loans would be   repaid in accordance with the conditions of the Subordination and   Hypothecation Agreements either out of additional equity to be infused   by the Company or out of the balance Indian rupee term loans receivable   by CGPL in future period, after the fulfillment of conditions in the   Coal Supply and Transportation Agreements Completion Date (CSTACD)   agreement. The Company has waived charging interest on these loans from   1st April, 2012.      The accrued interest as at 31st March, 2013 aggregating to Rs. 36.57   crore (31st March, 2012 - f36.57crore) on Additional Subordinated Loans   shall be payable subject to fulfillment of conditions in Subordination   Agreement and Coal Supply and Transportation Agreements Completion Date   (CSTACD) agreement.      (ii) The Company has undertaken to arrange for the necessary financial   support to its Subsidiary Companies Khopoli Investments Limited,   Bhivpuri Investments Limited, Industrial Power Utility Limited and Tata   Power Jamshedpur Distribution Limited.      (iii) In respect of Maithon Power Limited (MPL), the Company jointly   with Damodar Valley Corporation (DVC) has undertaken to the lenders of   MPL, to provide support by way of base equity contribution and   additional equity or subordinated loans to meet the increase in Project   Cost. Further, the Company has given an undertaking to MPL to fulfill   payment obligations of Tata Power Trading Company Limited (TPTCL) and   Tata Power Delhi Distribution Limited (TPDDL) in case of their default.      (iv) In terms of pre-implementation agreement entered into with   Government of Himachal Pradesh and the consortium consisting of the   Company and SN Power Holding Singapore Pte. Limited (Company being the   Lead Member of the consortium) for the investigation and implementation   of Dugar Hydro Electric project, the Company has undertaken as Lead   Member to undertake/perform various obligations pertaining to Dugar   Project.      (v) In accordance with the terms of the Share Purchase Agreement and   the Shareholder''s Agreement entered into by Panatone Finvest Limited   (PFL), an associate of the Company, with the Government of India, PFL   has contractually undertaken aSurplus 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 PFL. 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 PFL to bear   the Surplus Land obligation pertaining to these shares.      (vi) The Company has given an undertaking for non-disposal of shares to   the lenders of Tata Power Delhi Distribution Limited amounting to Rs.   721.22 crore (31stMarch, 2012 -Rs. 931.28crore).      (vii) The Company has given letter of comfort to Cennergi Pty. Limited   amounting to Rs. 27.57 crore (31st March, 2012 - Rs. Nil).      7.  Contingent Liabilities (to the extent not provided for):      (a) Claims against the Company not acknowledged as debts aggregating to   Rs. 370.06 crore (31st March, 2012 - Rs.234.66 crore) consist mainly of   the following:      (i) Octroi claims disputed by the Company aggregating to Rs. 5.03 crore   (31st March, 2012 - f 5.03 crore), in respect of octroi exemption   claimed by the Company.      (ii) A Suit has been filed against the Company claiming compensation of   Rs. 20.51 crore (31st March, 2012 - f 20.51 crore) by way of damages   for alleged wrongful disconnection of power supply and interest accrued   thereon Rs. 111.99 crore (31st March, 2012 - Rs. 107.68 crore).      (iii) (a) Rates, Cess, Way Leave Fees and Duty claims disputed by the   Company aggregating Rs. 63.73 crore (31stMarch, 2012 - Rs. 68.90   crore). In respect of certain dues as per the terms of an agreement,   the Company has the right to claim reimbursement from a third party.      (b) Custom duty claims of Rs. 135.52 crore disputed by the Company   relating to issue of applicability and classification (Payment made   under protest against these claims of Rs. 135.52 crore).      (iv) Other claims against the Company not acknowledged as debts Rs.   33.28 crore (31st March, 2012 - f 32.54 crore).      (v) Amounts in respect of employee related claims/disputes, regulatory   matters is not ascertainable.      Future cash flows in respect of the above matters are determinable only   on receipt of judgements/decisions pending at various   forums/authorities.      (b) Other Contingent Liabilities:      Taxation matters for which liability, relating to issues of   deductibility and taxability, is disputed by the Company and provision   is not made (computed on the basis of assessments which have been   re-opened and assessments remaining to be completed) Rs. 58.82 crore   (including interest demanded Rs. 1.25 crore) [(31st March, 2012 - f   113.85 crore) (including interest demanded f 6.31 crore)].      Future cash flows in respect of the above matters are determinable only   on receipt of judgements/decisions pending at various   forums/authorities.      (d) In respect of the Standby Charges dispute with Reliance   Infrastructure Limited (R-Infra) for the period from 1st April, 1999 to   31st March, 2004, the Appellate Tribunal of Electricity (ATE), set   aside the Maharashtra Electricity Regulatory Commission (MERC) Order   dated 31st May, 2004 and directed the Company to refund to R-Infra as   on 31st March, 2004, Rs. 354.00 crore (including interest of Rs. 15.14   crore) and pay interest at 10% per annum thereafter. As at 31st March,   2013 the accumulated interest was Rs. 184.76 crore (31st March, 2012 -   r 173.56 crore) (Rs. 11.20 crore for the year ended 31st March, 2013).   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 crore and also deposited Rs. 227.00 crore with the Registrar   General of the Court which has been withdrawn by R-Infra on furnishing   the required undertaking to the Court.      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 crore, 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.      (e) 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% per   annum 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 32(d)   above. Consequently, the effect of these adjustments would be made with   the adjustments pertaining to the Standby Charges dispute as mentioned   in Note 32(d) above.      (f) During the year 2008-09, in terms of the agreements entered into   between Tata Teleservices Limited (TTSL), Tata Sons Limited (TSL) and   NTT DoCoMo, Inc. of Japan (Strategic Partner-SP), TSL gave an option to   the Company to sell 2,72,82,177 equity shares in TTSL to the SP, 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 SP.      If certain performance parameters and other conditions are not met by   TTSL by 31st March, 2014 and should the SP decide to divest its entire   shareholding in TTSL and TSL is unable to find a buyer for such shares,   the Company is obligated to acquire the shareholding of the SP, 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 SP, subject to compliance   with applicable exchange control regulations, or should the SP decide   to divest its entire shareholding in TTSL and TSL is unable to find a   buyer for such shares and the SP divests the shares at a lower price,   subject to compliance with applicable exchange control regulations, the   Company is obliged to pay a compensation representing the difference   between such lower sale price and the price referred to above in   proportion of the number of shares sold by the Company to the aggregate   of the secondary shares sold to the SP.      Under the above mentioned aggrements with SP, TSL and TTSL have jointly   and severally agreed to indemnify SP with the agreed limits against   claims arising on account of any failure of certain warranties provided   by TSL and TTSL to be true and correct in all respect (amount not   determinable) and in respect of specifed contingent liabilities   (Company''s share Rs. 31.10 crore). The Company is liable to reimburse   TSL, on a pro-rata basis.      8.  (a) In the previous year, the Company had provisionally determined   the Statutory Appropriations and the adjustments to be made on Annual   Performance Review as stipulated under the Multi Year Tariff   Regulations, 2011 (MYT Regulation) for its operations in respect of the   Mumbai Licensed Area. During the year ended 31st March, 2013,   Maharashtra Electricity Regulatory Commission (MERC) has approved the   Multi Year Tariff Business Plan of the Company''s Mumbai Licensed Area   for the Second Control Period from FY 2012-13 to FY 2015-16 and   directed the Company to submit its Annual Revenue Requirement (ARR) for   FY 2011-12 as per old regulations i.e. MERC (Terms and Conditions of   Tariff) Regulations, 2005.      In view of the above, during the year, the Company has reversed revenue   amounting to Rs. 155.00 crore accrued in the previous year in respect   of its Mumbai Licensed Area as per the MYT Regulation.      (b) The Appellate Tribunal for Electricity (ATE) in its Order dated   31st August, 2012, has allowed the Company''s claim regarding certain   expenses/accounting principles which were disallowed/not recognised by   MERC in earlier years in its true-up order.  Accordingly, during the   year, the Company has treated such expenses as recoverable and has   recognised revenue of Rs. 142.00 crore.      (c) During the year, pursuant to the favourable ATE Order dated 31st   August, 2012, true-up order dated 15th February, 2012 and other   favourable orders received by other regulated entities in the power   sector within Maharashtra, the Company has recognised revenue of Rs.   172.00 crore in respect of earlier years towards carrying cost   entitlement on the regulatory assets (net) carried in the books as at   31st March, 2013.      (d) In the previous year, Jharkhand State Electricity Regulatory   Commission (JSERC) had determined the Annual Revenue Requirement (ARR)   for Units 2 and 3 at Jojobera for financial year 2011-12 by treating   the entire capacity as regulated under JSERC (Terms and Conditions for   Determination of Generation Tariff) Regulations, 2010. The Company, on   the basis of legal opinions obtained, had appealed against the   disallowances/deviations at the ATE.      The ATE in its Order dated 20th September, 2012, has disallowed the   Company''s claim. Accordingly, during the year, the Company has reversed   revenue of Rs. 43.61 crore including Rs. 34.16 crore on account of   previous year.      (e) During the previous year, the Maharashtra Electricity Regulatory   Commission (MERC) had completed truing-up for the financial years 2009   -10 and 2010 -11 and issued Tariff Orders. In these Tariff Orders, it   had disallowed certain claims made by the Company amounting to Rs.   86.00 crore and Rs. 55.00 crore respectively. The Company has filed an   appeal to the Appellate Tribunal for Electricity (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 results.      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 crore as on 31st December,   2007. ATE in its Order dated 12th May, 2008 on appeal by R-Infra, has   directed R-Infra to pay the difference in the energy charges amounting   to Rs. 34.98 crore 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 Hon''ble 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   Hon''ble Supreme Court. The Hon''ble Supreme Court, vide its Order dated   14th December, 2009, has granted stay against ATE Order and has   directed R-Infra to deposit with the Hon''ble Supreme Court, a sum of   Rs. 25.00 crore and furnish bank guarantee of Rs. 9.98 crore. 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.  Employee Benefits:      (a) 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. 28.54 crore   (31stMarch,2012 - r26.99crore) has been charged to the Statement of   Profit and Loss.      (b) The Company operates the following unfunded/funded defined benefit   plans:      Unfunded:      (i) Ex-Gratia Death Benefits      (ii) Retirement Gifts      (iii) Post Retirement Medical Benefits and      (iv) Pension Funded:      (i) Gratuity      (c) The actuarial valuation of the present value of the defined benefit   obligation has been carried out as at 31st March, 2013. The following   tables set out the amounts recognised in the financial statements as at   31st March, 2013 for the above mentioned defined benefit plans:      11.  In respect of the contracts pertaining to the Strategic   Engineering 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. 298.66   crore (31st March, 2012 -Rs. 310.74 crore).      (b) In respect of contracts in progress -      (i) The aggregate amount of costs incurred and recognised profits upto   31st March, 2013 - Rs. 279.73 crore (31stMarch, 2012 -Rs. 254.50   crore).      (ii) Advances and progress payments received as at 31st March, 2013 -   Rs. 567.93 crore (31stMarch, 2012 -Rs. 313.01 crore).      (iii) Retention money included as at 31st March, 2013 in Sundry Debtors   - Rs. 12.53 crore (31stMarch, 2012 -Rs. 12.46 crore).      (c) (i) Gross amount due to customers for contract work as a liability   as at 31st March, 2013 - Rs. 327.46 crore (31stMarch, 2012 - Rs. 219.45   crore).      (ii) Gross amount due from customers for contract work as an asset as   at 31st March, 2013 - Rs. 39.26 crore (31st March, 2012 -Rs. 99.32   crore).      12.  (a) Total number of electricity units sold and purchased during   the year as certified by Management - 16,002 MUs (31st March, 2012   -15,240 MUs) and 1,378 MUs (31st March, 2012 -1,042 MUs).      13.  Related Party Disclosures:      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 1) Af-Taab Investment Co. Ltd. (AICL)      2) Chemical Terminal Trombay Ltd. (CTTL)      3) Tata Power Trading Co. Ltd. (TPTCL)      4) Powerlinks Transmission Ltd. (PTL)      5) NELCO Ltd. (NELCO)      6) Maithon Power Ltd. (MPL)      7) Industrial Energy Ltd. (IEL)      8) Tata Power Delhi Distribution Ltd. (TPDDL)      9) Coastal Gujarat Power Ltd. (CGPL)      10) Bhira Investments Ltd. (BIL)      11) Bhivpuri Investments Ltd. (BHIL)      12) Khopoli Investments Ltd. (KIL)      13) Trust Energy Resources Pte. Ltd. (TERL)      14) Energy Eastern Pte. Ltd. ** (EEL)      15) Industrial Power Utility Ltd. (IPUL)      16) Tatanet Services Ltd.** (TNSL)      17) Tata Power Renewable Energy Ltd. (TPREL)      18) PT Sumber Energi Andalan Tbk. ** (SEA)      19) Tata Power Green Energy Ltd. ** (TPGEL)      20) NDPL Infra Ltd. ** (NDPLIL)      21) Dugar Hydro Power Ltd. (DHPL)      22) Tata Power Solar Systems Ltd. (TPSSL) (from 28th June, 2012)      23) Tata Power Jamshedpur Distribution Limited (TPJDL) (from 6th   November, 2012)      ** Through Subsidiary Companies.      (b) Other related parties (where transactions have taken place during   the year) :      (i) Associates 1) Tata Projects Ltd. (TPL)      2) Yashmun Engineers Ltd. (YEL)      (ii) Joint Ventures 1) Tubed Coal Mines Ltd. (TCML)      2) Mandakini Coal Company Ltd. (MCCL)      3) Dagachhu Hydro Power Corporation Ltd. (DHPCL)      4) Cennergi Pty. Ltd. (CPL)      5) OTP Geothermal Pte. Ltd. (OTPGL)      (iii) Promoters holding together with      its Subsidiary more than 20% Tata Sons Ltd.      (c) Key Management Personnel Anil Sardana      S. Ramakrishnan      S.  Padmanabhan      14. Derivative Instruments and Unhedged foreign currency exposures:      (i) Derivative Instruments :      The following derivative positions are open as at 31st March, 2013.   These transactions have been undertaken to act as economic hedges for   the Company''s exposures to various risks in foreign exchange markets   and may/may not qualify or be designated as hedging instruments. The   accounting for these transactions is stated in Note 2.1(n) and 2.1(o).      Forward exchange contracts (being derivative instrument), which are not   intended for trading or speculative purposes but for hedge purposes to   establish the amount of reporting currency required or available at the   settlement date of certain payables and receivables.      15. Disclosures as required by Accounting Standard 29 (AS-29)   Provisions, Contingent Liabilities and Contingent Assets as at 31st   March, 2013:      16. Previous year''s figures have been regrouped/reclassified wherever   necessary to correspond with the current year''s classification/   disclosure. Figures below Rs. 50,000 are denoted by ''*''  
Source : Dion Global Solutions Limited



Please go through the link mentioned above.
C A Shah D J
USA
On Monday, 31 March 2014 4:23 AM, ajay pandey <caajaypandey@gmail.com> wrote:
 
Dear Sir,
You are requested to provide me the notes of Accounts of Balance Sheet for Electricity Company.

Thank & Regards:

Ajay




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