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«TABLE OF CONTENTS DEFINITION, TECHNICAL GLOSSARY AND ABBREVIATIONS FORWARD-LOOKING STATEMENTS RISK FACTORS SUMMARY SUMMARY OPERATING AND FINANCIAL ...»

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A2.39 There are 3 special leave petitions filed by the Excise Department against JAL in the Supreme Court challenging the allowance of MODVAT on explosives and furnace oil by the Appellate Tribunal. The aggregate amount involved is Rs. 4.92 million.

A2.40 There is 1 Show Cause Notice dated January 14, 2004 pending before the Commissioner, Customs and Central Excise alleging that JAL has wrongly taken CENVAT Credit of Rs. 11.61 million during the period January 2003 to August 2003 on electrodes, DA Gases, Clean Flow and Iron and Steel products. The Show Cause notice has been replied to by JAL but the date of personal hearing is yet to be fixed.

A3. Cement Division – Bela Plant Cases filed by JAL Tax Cases A3.1 Two appeals have been filed before the Customs Excise Service Tax Appellate Tribunal, New Delhi, against the order of the Commissioner (Appeals), one against rejection of JAL’s Refund Application for CENVAT Credit reversed by it on the pipeline used for bringing water to its factory from the reservoir situated outside the factory; and second with regard to the dispute involving availment of MODVAT on a photocopy of the bill of entry. The total amount involved is Rs. 0.52 million.

A3.2 An Appeal is pending before the Commissioner (Appeal), Central Excise, Bhopal challenging the order passed by the Adjudicating Authority confirming the interest on CENVAT reversals made by JAL during the year 2004 for the period commencing from the CENVAT availment to the date of reversal. The amount involved in this case is Rs. 0.27 million.

A3.3 There is 1 case pending before the Jabalpur High Court challenging the order of the Appellate Tribunal rejecting JAL’s appeal for grant of MODVAT on Dumpers, Excavators on the ground that these goods are not capital goods. The amount involved in this case is Rs. 4.43 million, which has been deposited by JAL through the CENVAT account.

Sales Tax

A3.4 A writ petition has been filed by JAL before the Chattisgarh High Court claiming exemption of Central Sales Tax payable on coal purchases since earlier Chattisgarh was a part of undivided Madhya Pradesh i.e. at the time of the grant to JAL of the Exemption Certificate from payment of Purchase Tax by the Government of Madhya Pradesh. The amount involved is Rs. 15.47 million. Chattisgarh High Court has granted a conditional stay on payment of sales tax on coal, subject to furnishing of bank guarantees equivalent to the central sales tax payable.

A3.5 There is 1 writ petition filed by JAL before the Jabalpur High Court challenging the levy of charge of Rs. 0.09 million under the Nikay Kar Act. This petition is pending.

A3.6 An appeal has been filed before the Deputy Commissioner (Appeals), Satna against the entry tax assessment order for the year 2000-2001 on the ground that the levy of entry tax under the Entry Tax Act is unconstitutional. The aggregate amount involved in the case is Rs. 0.09 million.

Cases filed against JAL Tax Cases Service Tax and Excise Duty A3.7 There are 14 cases pending before the Assistant Commissioner, Central Excise, Satna, inter alia, involving disputes such as short payments in excise duty and service tax due to failure to abide by Central Excise Rules and CENVAT Credit Rules, disputed claims as to duty on sale of waste and scrap, and disputed claims on modified value added tax on capital goods and on inputs. The total claim pending against JAL to Rs. 6.03 million, together with further interest claimed against JAL.

A3.8 A Show Cause Notice dated December 12, 2002 has been issued by the Excise Department for non-payment of service tax of Rs. 4.74 million on transport charges paid by JAL at various regional Marketing Offices (RMOs) at Rewa. An additional demand of Rs. 2.50 million has also been issued by the Additional Commissioner, Bhopal in respect of RMO, Rewa.

A3.9 There are 4 show cause notices issued by the Commissioner, Central Excise, Bhopal, (i) in one, alleging that the various items like grinding media, castings, DG parts, etc. are not capital goods as per the definition under the relevant Central Excise Rules, 1944; and (ii) in three others, alleging that the CENVAT was wrongly availed by JAL.

The aggregate amount involved is Rs. 4.46 million, together with further interest.

A3.10 5 show cause notices have been issued by Additional Commissioner, Central Excise, Bhopal in respect of CENVAT claimed on Inputs and Capital Goods. The aggregate amount involved is Rs. 8.78 million.

A4. JCL Grinding Unit A4.1 The Excise Department has served a Show Cause Notice dated January 12, 2004 alleging failure to reimburse CENVAT credit on the closing stock of Light Diesel Oil on its removal from the head of Input as on February 28, 2003 under CENVAT Credit Rules, 2002. The aggregate amount involved is Rs. 0.02 million.

A5. Vishnu Prayag Hydro Electric Project Cases filed by JAL Money Recovery Claims A5.1 There are 2 suits pending in the Court of Civil Judge (Senior Division) Gopeshwar, District Chamoli in which JAL has prayed for mandatory injunction restraining recovery of electricity charges pursuant to electricity bills issued by the Department of Electricity aggregating to Rs. 83.45 million. JAL has obtained interim stay in both suits, subject to the furnishing of Bank Guarantees of such demanded amounts, which Bank Guarantees were furnished. The Uttaranchal Power Corporation Limited has filed appeals in the Uttaranchal High Court to vacate the aforesaid stay. These appeals have been decided against JAL by an order of the High Court directing JAL to deposit 50% of the disputed amount within 30 days in default of which the entire amount is recoverable and the stay order vacated. Appeals have been filed in the Supreme Court challenging both the aforesaid orders of the High Court vacating stay. These appeals before the Supreme Court have been dismissed by the Supreme Court on November 5, 2004 and the suits are currently pending before the Court of Civil Judge, Senior Division, Gopeshwar and the next date of hearing is fixed on February 1, 2005 for the recording of evidence and amendments.





A5.2 There is 1 suit pending in the Court of Civil Judge (Senior Division) Gopeshwar, District Chamoli praying for, inter alia, a declaration that JAL is liable to pay electricity supply bills as per Rate Schedule LMV-4 only, and not liable to pay 25% over and above the Rate Schedule. A mandatory injunction is also prayed for against recovery of an amount of Rs. 42.51 million as charged by the Uttaranchal Power Corporation Limited. The Civil Judge (Senior Division) has passed an order of stay against the disconnection of electrical supply to JAL, against which Uttaranchal Power Corporation Limited filed an appeal in the Uttaranchal High Court. On July 23, 2004, the Uttaranchal High Court passed an order, inter alia, modifying the order of the lower court, and directing that further recovery proceedings initiated against JAL shall remain stayed, but only on deposit of 50% of the amount allegedly due within a period of one month from the date of the order. A Special Leave Petition was subsequently filed by JAL against Uttaranchal Power Corporation Limited, which was admitted by the Supreme Court on August 20, 2004, and directed status quo to be maintained until further orders. The suit and the Special Leave Petition are pending.

A5.3 There is 1 case pending in the Court of Civil Judge (Senior Division) Gopeshwar, District Chamoli challenging recovery of the amount under several electricity bills received in March 2003. These bills were raised by Uttaranchal Power Corporation, Dehradun on the ground that the rate schedule was to be calculated as per LMV 2, instead of LMV

4. Subsequently, a notice was issued by the Uttaranchal Power Corporation, Dehradun threatening disconnection of the electrical supply of JAL. The Civil Judge (Senior Division) has passed an order of stay on disconnection of electrical supply of JAL, against which Uttaranchal Power Corporation Limited filed an appeal in the Uttaranchal High Court. On July 23, 2004, the Uttaranchal High Court passed an order modifying the order of the lower court directing that further recovery proceedings initiated against JAL shall remain stayed on deposit of 50% of the amount allegedly due within a period of one month from the date of the order. A Special Leave Petition was subsequently filed by JAL against the Uttaranchal Power Corporation Limited, and on August 20, 2004, the Supreme Court admitted the Special Leave Petition and directed status quo to be maintained until further orders.

Miscellaneous Cases

A5.4 There is 1 case pending in the Court of Civil Judge (Senior Division), Gopeshwar, District Chamoli restraining villagers of Chain, Lambagarh and Ravigram from disrupting the transportation of project vehicles of JAL and allegedly causing damage to the equipment and vehicles of JAL. An interim stay has been granted in favour of JAL.

Contempt of Court Case:

A5.5 There is a contempt petition pending before the Court of Civil Judge (Senior Division) Gopeshwar, District Chamoli, in relation to non compliance of the order of the said Court dated April 22, 2002 restraining one Mr. Bhopal Singh and others from obstructing the construction work of project during the period between September and October

2002. The order restraining the villagers from disrupting the transportation of project vehicles of JAL was passed by the Court of Civil Judge, (Senior Division) Gopeshwar, Chamoli, which is the same court that has passed the order of contempt.

A5.6 There is 1 appeal filed in the Uttaranchal High Court by JAL against the order passed by Workmen Compensation Commissioner, Chamoli on June 9, 2004 in respect of the amount of compensation granted awarded of Rs. 0.22 million, with further interest. The Uttaranchal Court has admitted the appeal, and the same is pending.

Cases filed against JAL Compensation Cases A5.7 There are 3 cases pending before the District Magistrate Workmen Compensation Commissioner for compensation claimed against JAL for the death of three workmen. The aggregate amount involved is Rs. 1.47 million.

Land Dispute Claims A5.8 There is 1 case pending before Civil Judge, Senior Division, Gopeshwar, District Chamoli challenging the purchase of Plot No-797 and 798 by JAL. The amount involved is Rs. 0.094 million.

A5.9 There is 1 case pending before Deputy Revenue Commissioner, Pauri restraining JAL from allegedly encroaching the land belonging to complainant.

Public Interest Litigation A5.10 There is 1 public interest litigation case pending before Nainital High Court against JAL seeking stoppage of construction work and blasting, on grounds that such construction work is harmful to the environment and that JAL had commenced such activity without adequate permissions.

Motor Accident Claims:

A5.11 There is 1 case pending before Civil Judge (Senior Division) Gopeshwar District Chamoli relating to the death of a child due to a collision with a vehicle of JAL. This case is filed by the father of the deceased child.

A5.12 There is 1 case pending before the Chief Judicial Magistrate, Gopeshwar relating to the death of a child due to a collision with a vehicle of JAL filed by the State of Uttaranchal.

Miscellaneous claims A5.13 There is 1 case pending before Civil Judge (Senior Division) Gopeshwar, District-Chamoli for compensation in the sum of Rs. 0.03 million for the loss suffered on account of the death of the complainant’s buffalo and cow.

–  –  –

Cases filed by JAL Consumer Cases A6.1 There is 1 case pending before the Consumer Protection Forum of Bharuch Gujarat, wherein pursuant to an agreement, JAL was to purchase certain quantity of bar steel to be supplied by Shah Alloys Limited (SAL) by a particular date. However, SAL failed to supply all the contract quantity by this date and therefore a case was filed by JAL for the refund of money of the balance quantity not supplied by due date. The aggregate amount involved is approximately Rs. 0.12 million

Miscellaneous Claims

A6.2 A suit is filed in the Court of Civil Judge (Senior Division Bharuch) by JAL against Government of Gujarat and others, inter alia, for recovery of an aggregate amount of Rs. 14.16 million towards (i) claim of extra items of precooling of concrete in the sum of Rs. 8.56 million together with interest thereon at the rate of 20% being Rs. 2.00 million; and (ii) interest thereon at the rate of 20% on certain delayed payments being Rs. 3.60 million. The claim for interest on delayed payments have arisen out of Agreement No. ICB-11 of 1982-83 dated February 18, 1983 entered into between JAL and Government of Gujarat for constructing masonry / concrete dam and spillway of Karjan reservoir project. The claim for extra items have arisen out of Supplementary Agreement LCB-2 of 1987-88 dated June 8, 1987 for additional works with regard to the same Karjan reservoir project. The Government of Gujarat has filed an application for transferring this suit to the Arbitration Tribunal. This application as well as the said suit are pending.

Cases filed against JAL Labour Cases A6.3 There are 2 cases filed for compensation on account of death and 9 cases for compensation on account of injury caused to labourers of JAL all pending before the Labour Court, Bharuch, Gujarat wherein the aggregate amount involved is Rs.0.68 million Motor Accident Claims A6.4 There are 22 cases pending before the MACT Camp Court, Rajpipla District, Narmada Gujarat for compensation claimed for death/injury resulting from accidents caused due to collisions with vehicles belonging to JAL.

The aggregate amount involved in these cases is approximately Rs. 1.60 million.

A6.5 There are 39 cases pending before MACT District Court, Bharuch, Gujarat for compensation claimed for death/injury resulting from accidents caused due to collisions with vehicles belonging to JAL. The aggregate amount involved in these claims is calculated to be approximately Rs.11.51 million.

A6.6 There is 1 case pending before the Indore High Court, Madhya Pradesh for compensation on account of death of an individual due to collision with a vehicle owned by JAL. The amount in claim is Rs. 0.60 million.

Miscellaneous A6.7 A suit is filed in the City Civil Court, Ahmedabad, Gujarat by Shah Alloys Limited seeking direction against JAL to lift the balance quantity of 15.08 MT of CTD bar steel beyond the agreed due date and for payment of its value of Rs. 0.29 million by JAL to Shah Alloys Limited. This suit is pending.



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