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August 2010

Miscellaneous

By Himanshu V. Kishnadwala | Chartered Accountant
Reading Time 7 mins
From Published Accounts

Section B: Miscellaneous



4 Qualification regarding non-provision of disputed statutory
liabilities

Sterlite Technologies Ltd. — (31-3-2010)

From Notes to Accounts :

The Company had in an earlier year received an order of
CESTAT upholding the demand of Rs.188 crores (including penalties and excluding
interest) (Rs.188 crores as at March 31, 2009) in the pending excise/custom
matters on various grounds. The Company’s appeal with the Honourable High Court
of Mumbai was rejected on the grounds of jurisdiction. The Company preferred an
appeal with the Honourable Supreme Court of India against the order of CESTAT,
which has been admitted. The Company has reevaluated the case on admission of
appeal by the Supreme Court. Based on their appraisal of the matter, the legal
advisors/consultants are of the view that under the most likely event, the
provision of Rs.5 crores made by the Company against the above demand is
adequate. The management is confident of a favourable order and hence no further
provision is considered against the said demand.

From Auditors’ Report :

As stated in Note No. 8 of Schedule 21, the Company had in an
earlier year received an order of CESTAT upholding a demand of Rs.188 crores
(including penalties and excluding interest) (Rs.188 crores as at March 31,
2009) in a pending excise/customs matter. The Company’s appeal against this
order with the Supreme Court has been admitted. Based on the current status and
legal advice received, provision for liability as recorded in the accompanying
financial statements is considered adequate by the management. In the event the
decision of the Supreme Court goes against the Company on any of the grounds of
appeal, additional provision against the said demand may be required. Pending
disposal of the matter by the Supreme Court, the amount of excise/customs duty
payable, if any, is currently unascertainable. Our audit report on the financial
statements for the year ended March 31, 2009 was qualified in respect of this
matter.

In our opinion and to the best of our information and
according to the explanations given to us, the said accounts give the
information required by the Companies Act, 1956, in the manner so required and
subject to the effect of the matter referred to in paragraph vi above give a
true and fair view in conformity with the accounting principles generally
accepted in India.

5 Provisions made in earlier year towards loss of inventory,
expected higher sales returns and expected reversal of export benefits partly
reversed during the year

Ranbaxy Laboratories Ltd. — (31-12-2009)

From Notes to Accounts :

On 16 September 2008, the Company received two warning
letters and an Import Alert from the United States of America (USA) FDA,
covering 30 generic drugs being manufactured at its Paonta Sahib and Dewas
manufacturing facilities in India. The issue raised in the warning letters
relate to ‘Current Good Manufacturing Practice’ being followed at the said
plants and does not in any way raise questions on product’s quality, safety or
effectiveness.

In 2008, consequent to Import Alert, the Company was not able
to sell the products covered under Import Alert, and accordingly, it had
recorded a


provision of Rs.2,631.11 million in that year, towards inventory, expected sales
return and related exports benefits.

On 25 February 2009, the Company received a letter from the
US FDA indicating that the Agency had invoked its Application Integrity Policy
(‘AIP’) against the Paonta Sahib facility (the ‘facility’). The management of
the Company believes that there was no falsification of data generated at the
facility and also believes that there is no indication of a pattern and practice
of submitting untrue statements of


material facts and there was no other improper conduct. Accordingly, the
Company, based on opinion from its legal council, believes that there is no


incremental present obligation existing at the balance sheet date on account of
these notices.

The Company continues to fully cooperate with the concerned
authorities for their final clearance, pending which there would be delays for
new


product approvals and sale of existing products in the United States of America.
During the current year, the Company has performed a re-assessment of the amount
of provisions created in 2008 and reversed a provision of Rs.937.81 million
which is included in unclaimed balances/excess provisions written back, which in
view of the Company is no longer required now.

In the year 2008, the Department of Justice (DOJ), USA had
filed certain charges against the Company citing possible issues with the data
submitted by the Company, in support of product filing. The Company continues to
work diligently with the concerned authorities towards resolution of the issue.

From Auditors’ Report :

Without qualifying our opinion, we draw attention to Note 2
on Schedule 23 of the financial statements. Consequent to the Food and Drug
Administration (FDA) of the United States of America import alerts and the FDA
letter dated 25 February 2009 imposing the Application Integrity Policy, the
Company had recorded provision of Rs.2,631.11 million during the year ended 31
December 2008 towards loss of inventory in hand, expected higher sales returns
and, expected reversal of export benefits. The basis and assumptions used by the
management in calculating these provisions were based on significant judgment
and estimates due to involvement of uncertainty, and actual result could have
been different from the management’s estimate.


6 Non-provision of diminution in Consolidated Financial
Statements (CFS) for fall in value of loan given by Joint Venture company to
ESOP Trust

Godrej Consumer Products Ltd. — (31-3-2010)

From Notes to Accounts to CFS :


Stock options have been granted to eligible
employees of the Joint Venture of the Company under an ESOP scheme instituted
by the Joint Venture company. The equity shares of Godrej Industries Ltd. are
the underlying equity shares for the stock option scheme. The ESOP is
administered by an independent ESOP trust created with IL&FS Trust Company
Limited which acquires by subscription/purchase or otherwise, the shares of
Godrej Industries Ltd. equivalent to the number of options proposed to be granted.
The Joint Venture Company has given a loan of Rs.5,940.00 lac to the ESOP trust
to finance the purchase of such equity shares. As at March 31, 2010, the market
value of the equity shares of Godrej Industries Ltd. are lower by Rs.2,239.69
lac as compared to the cost of acquisition of these equity shares. The
repayment of the loan granted to the ESOP trust is dependant on the exercise of
the options by the employees and the market price of the underlying shares of
the unexercised options at the end of the exercise period. The fall in the
value of the underlying equity shares is on account of current market
volatility and the loss, if any, can be determined only at the end of the
exercise period. In view of the aforesaid, provision for diminution of
Rs.2,239.69 lac has not been considered necessary in the accounts of the Joint
Venture. The Group’s 40% share in the above diminution amounts to Rs.1097.45
lac.

 

From Auditor’s Report on CFS :

We draw attention to Note 15(i), Schedule
15 : Notes to Consolidated Accounts, where it has been stated that a Joint
Venture company has given a loan of Rs.5,940.00 lac to its ESOP trust to
finance the purchase of the equity shares of Godrej Industries Ltd., being the
underlying equity shares for the stock option scheme. As at March 31, 2010, the
market value of the equity shares of Godrej Industries Ltd. are lower by
Rs.2,239.69 lac as compared to the cost of acquisition of these equity shares.
The repayment of the loan granted to the ESOP trust is dependant on the
exercise of the options by the employees and the market price of the underlying
shares of the unexercised options at the end of the exercise period. The fall
in the value of the underlying equity shares is on account of current market
volatility and the loss, if any, can be determined only at the end of the
exercise period. In view of the aforesaid, provision for diminution of
Rs.2,239.60 lac has not been considered necessary in the accounts of the Joint
Venture. The Group’s 49% share in the above diminution amounts to Rs.1,097.45
lac.

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