Alterations in the Schedule XIV of the Companies Act, 1956 in respect of Intangible Assets - F. No.17/292/2011 CL-V - Companies Law

GOVERNMENT OF INDIA MINISTRY OF CORPORATE AFFAIRS Notification Dated-17.04.2012 G.S.R. (E) :- In exercise of the powers conferred by sub-section (1) of section 641 of the Companies Act, 1956 (1 of 1956), the Central Government hereby makes the following further alterations in the Schedule XIV of the said Act, namely:- In Schedule XIV to the Companies Act, 1956 , after serial number IV relating to Ships and the entries relating thereto, the following serial number and entries shall be inserted, namely:- V- Intangible Assets 1. Intangible Assets (Toll Road) created under Build, Operate and Transfer, Build, Own, Operate and Transfer or any other form of Public Private Partnership Route. Amortization Rate = Amortization Amount x 100 Cost of Intangible Asset (A) Amortization Amount = Cost of Intangible Asset (A) X Actual Revenue for the year (B) Projected Revenue from Intangible Asset (till the end of the concession period) (C) 2. Meaning of particulars are as follows:- Cost of Intangible Asset (A) = Cost incurred by the Company in accordance with the Accounting Standards. Actual Revenue for the year (B) = Actual Revenue (Toll Charges) received during the accounting year. Projected Revenue from Intangible Asset (C) = Total Projected Revenue from the Intangible Asset as provided to the Project Lender at the time of financial closure/agreement. The amortization amount or rate should ensure that the whole of the cost of the intangible asset is amortized over the concession period. Total Revenue shall be reviewed at the end of each financial year and the projected revenue shall be adjusted to reflect any changes in the estimate which will lead to the actual collection at the end of the concession period. 3. For Example: Cost of creation of Intangible Assets Rs. 500/- Crores Total period of Agreement 20 Years Time use for creation of Intangible Assets 02 Years Intangible Assets to be amortized in 18 Years Let us assume that the Total revenue to be generated out of Intangible Assets over the Period would be Rs. 600 Crores, in the following manner:- Year No. Revenue (In Rs. Crores) Remarks Year 1 5 Actual Year 2 7.5 Estimate* Year 3 10 Estimate* Year 4 12.5 Estimate* Year 5 17.5 Estimate* Year 6 20 Estimate* Year 7 23 Estimate* Year 8 27 Estimate* Year 9 31 Estimate* Year 10 34 Estimate* Year 11 38 Estimate* Year 12 41 Estimate* Year 13 46 Estimate* Year 14 50 Estimate* Year 15 53 Estimate* Year 16 57 Estimate* Year 17 60 Estimate* Year 18 67.5 Estimate* Total 600 * will be actual at the end of financial year. Based on this the charge for first year would be Rs. 4.16 Crore (approximately) (i.e. Rs. 5/Rs. 600 X Rs. 500 Crores) which would be charged to profit and loss and 0.83% (i.e. Rs. 4.16 Crore/Rs. 500 Crore X 100) is the amortization rate for the first year. [F. No.17/292/2011 CL-V] Renuka Kumar Joint Secretary to the Government of India Note: The Schedule XIV to the Companies Act, 1956 was subsequently amended by the following notifications, namely: (i) G.S.R.416(E), dated the 14 th May, 1993; (ii) G.S.R.416(E), dated the 16 th December, 1993; (iii) G.S.R.416(E), dated the 4 th November, 1994; (iv) G.S.R.416(E), dated the 1st March, 1995; (v) G.5.R.416(E), dated the l8th August, 1998; (vi) G.S.R.416(E), dated the 14 th December, 2011.