Page 298 - Tata_Chemicals_yearly-reports-2020-2021
P. 298

Integrated Annual Report 2020-21



           46.  Commitments                                                                           ` in crore
                                                                                          As at         As at
                                                                                  March 31, 2021  March 31, 2020
           Estimated amount of contracts remaining to be executed on capital account and not provided
           for                                                                           628.06         586.44
           Commitment towards partly paid investments                                         -          9.19

           47.  Contingent liabilities and assets
           47.1 Contingent liabilities
           (a)    Claims not acknowledged by the Group relating to cases contested by the Group and which, in the opinion of the Management, are
               not likely to devolve on the Group relating to the following areas:
                                                                                                      ` in crore
                                                                                          As at         As at
                                                                                  March 31, 2021  March 31, 2020
           (i)   Excise, Customs and Service Tax  @                                       144.28         88.65
           (ii)   Sales Tax  @                                                             49.97         53.37
           (iii)  Labour and other claims against the Group not acknowledged as debt       32.16         31.32
           (iv)   Income Tax
               (pending before Appellate authorities in respect of which the Group is in appeal) **   785.41    745.65
           (v)   Income Tax
               (decided in Group's favour by Appellate authorities and Department is in further appeal)   15.54    15.54
           (vi)  Contractual obligation upto                                               34.75         34.75
           Item (vi) above includes ` 34.75 crore (2020: ` 34.75 crore) relating to discontinued operations.

           (b)  Land rates Demand for ` 687.28 crore (KShs 10.28 Billion) (2020: ` 1,257.48 crore (KShs 17.45 Billion)
                On May 3 2019, the High Court delivered its judgement in respect of the petition against a demand for land rates levied on the
               Company  by  the  Kajiado  County  Government  during  the  year. The  Court’s  judgment  quashed  this  demand  in  entirety.  In  its
               judgement, the court also ordered that both parties submit themselves to a consultation process to be led by the Cabinet Secretary
               for Mining, supervised by the Court in order to agree on the acreage to which land rates should be levied. Following the lapse of
               period for negotiations as directed by the High Court, the company proceeded to the court of appeal to seek directions on the land
               rates.  On December 2 2020, the Kajiado County issued an adjusted demand of ` 687.28 crore (KShs 10.28 Billion) for outstanding
               land rates. A similar demand was resent on March 24 2021 which has been objected. In the opinion of management, after taking
               appropriate legal advice, the liability is not considered to be probable at this stage and hence it has been disclosed as a contingent
               liability.
           (c)   Various claims pending before Industrial Tribunals and Labour Courts of which amounts are indeterminate.

           **The Company has on-going disputes with income tax authorities mainly pertaining to disallowance of expenses and the computation
           of, or eligibility of the Company’s availment of certain tax incentives or allowances. Most of these disputes and/or disallowances are
           repetitive in nature spanning across multiple years. All the Tax demands are being contested by the company.
           @  Excise Duty cases include disputes pertaining to reversal of input tax credit on common input, refund of duty paid under protest. Custom
           Duty cases include disputes pertaining to import of capital equipment against scripts, tariff classification issues, denial of FTA benefit. VAT/
           CST/Entry Tax cases include disputes pertaining to Way Bill, reversal/disallowance of input tax credit, pending declaration forms. All the Tax
           demands are being contested by the company.

           It is not practicable for the Group to estimate the timings of cash outflows, if any, in respect of the above pending resolution of the
           respective proceedings as it is determinable only on receipt of judgments/decisions pending with various forums/authorities.
           The company has reviewed all its pending litigations and proceedings and has adequately provided for where provisions are required and
           disclosed as contingent liabilities where applicable, in the Consolidated Financial Statements.




           296
   293   294   295   296   297   298   299   300   301   302   303