Mar 31, 2010
1 Contingent Liabilities not provided for:
a) Claims against the Company not acknowledged as debts.:-
i) Demand raised by a customer/creditors Rs 26.08 lacs (2009-Rs. 26.08
lacs).
ii) Demand raised by a creditor Rs. 106.63 lacs (2009-Rs. 106.63 lacs).
The company has filed a demand of Rs. 31.31 lacs including interest
against the creditor.
iii) Demand raised by excise authorities Rs.33.32 lacs (2009 - Rs.33.32
lacs) which includes Rs. 7.60 lacs deposited under protest. No
provision has been made as the probability of Jhe claim succeeding is
remote.
iv) Demand of sales tax on account of non-submission of declaration
forms Rs. 9.48 Lacs (2009-Rs. 15.06 Lacs).
v) Demand raised by Electricity Department towards interest and late
payment charges Rs.Nil (2009-Rs. 28.00 Lacs).
vi) Other demand Amount unascertained (2009 Amount unascertained).
b) Other amounts for which the Company is contingently liable.
i) Letter of credits opened by the Company bankers Rs.Nil (2009-Rs.
331.65 lacs).
ii) Guarantees issued by Company bankers Rs. 10.92 lacs (2009-Rs.
155.49 lacs).
c) Certain employees have filed claims in various forums and sought
relief. The ultimate liability, if any, with respect to their claims is
not ascertainable and in the opinion of the management, would not have
a material impact on the accounts.
2.1 The accumulated losses of the company have exceeded the net worth
of the company. The company has been declared as sick unit by the Board
of Industrial & Financial Reconstruction of The Sick Industrial
Companies (Special provision) Act, 1985. The BIFR in its judgment dated
02.08.2010 have directed the company to deposit Rs. 5 Crores in the
Interest Bearing "No Lien Account" with the IDBI within one month
failing which the IDBI (OA) will file an Memorandum of Appeal (MA) for
change of management. The company is in the process of filing for
extension of time to comply of the order and is hopeful for a favorable
decision.
2.2 The accumulated losses of the company exceeded the net worth of the
company and the company incurred cash losses for the past few years.
The production facility of the Company is suspended since 14,h December
2009 due to severe financial crunch. However, the accounts of the
company have been prepared on a going concern assumption i.e the
company will be able to realize all its assets at their carrying values
as at 31.3.2010 and discharge all its liabilities as at 31.03.2010 in
the normal course of business. As such, no adjustment relating to
recoverability and classification of recorded assets amount or amounts
and classification of liability that may be necessary if the Company is
unable to continue as a going concern has been made in the financial
statement. The Companys ability to continue as a going concern would
be dependent on banks/financial institutions, better operational
control, extensive debt restructuring, restructuring of product mix
with better contribution, infusion of funds, one time. settlement with
banks / Financial Institutions etc.
3 Transaction of sales, purchases & others covered under Section 297 of
the Companies Act, 1956 have been entered into between the Company and
parties in which some of the directors/ relative of director are
interested without obtaining prior approval from the Central Government
aggregating to Rs. 14.35 lacs. Also, during the year the Company has
made advances (interest free) in the ordinary course of business for
job work to a Private Limited Company in which directors are
interested.
The Company has filed application for post facto approval from the
Central Government and is hopeful of a favorable decision.
4 Value of building inter alia, includes cost of land. No separate cost
of land has been depicted / accounted for in absence of details. The
Company is in the process of getting the apportionment done between
land and building through an approved valuer.
5.1 The revised securities as mentioned in Schedule 3 Secured Loans
are based on the re- worked out package duly approved by the banks /
financial institutions which has subsequently been revoked as due to
severe financial crunch, certain conditions could not be fulfilled by
the Company. However, the Company continues to classify the debts
according to the re-worked out package approved earlier. As per the
same package, first charge / satisfaction of charge in respect of all
fixed assets of the Company in favour of the banks ranking parri passu
with the other existing lenders and second charge on all movable assets
including debtors in favour of Financial Institutions (FIs) are yet to
be created pending approval of Board of Industrial Finance and
Reconstruction ( BIFR).
5.2 The Company has in principle agreed to enter into One Time
Settlement (OTS) of its dues to various Banks/Financial Institutions at
terms and conditions mutually agreed amongst the parties on various
dates subject to the approval of the Board of Industrial Finance and
Reconstruction (BIFR) in earlier year. This has subsequently been
withdrawn by the lenders due to non-compliance of various conditions
and also delay/default in payment of capital/interest. However, the
Company continues to provide interest as per the OTS agreed upon
earlier. Also, no provision for further liability towards interest at
prevalent cap rate (BPLR+3.5 p.a.) /penal interest (amount
unascertained) due to delay/default in payment of capital/interest has
been made as the Company is hopeful of relief / concession at the time
of settlement.
6. Based on the valuation report of the companys manufacturing
facilities at Jodhpur, carried out by professional valuer in the
previous year, the Board of Director is of the opinion that the assets
of the manufacturing facilities at Jodhpur are not impaired and
consequently no provision has been made in the financial statement.
7. SemiFinishedGoodsattheyearendRs.6.61 lacs (2009 Rs. 75.45 lacs)
inclusive of Rs. 1.86 lacs (2009 Rs. 36.8 lacs) lying with third party,
is accounted for on the basis of a certificate from the management and
is based on technical estimates since various technicalities are
involved in assessing such stock as the maintenance of production
records at various stages and process/batch wise costing record is not
practicable.
8. Fixed/Margin Deposits with banks Rs. 202.70 lacs (2009 - Rs. 203.20
lacs) are lodged with the banks for obtaining guarantees/letters of
credit.
9.1 Balances appearing under the head Sundry Debtors, Bank Balances,
Loans & Advances, Liabilities Secured & Unsecured loans are subject to
reconciliation/ confirmation.
9.2 In the opinion of the Board, the value on realization of Current
Assets, Loans & Advances in the ordinary course of business will not be
less than the amount at which they are stated in the Balance Sheet and
provision for known liability have been made.
10. Loans and Advances inter alia include
a) Rs.l2.381acs (2009 Rs. 12.381acs) deposited with Industrial
Development Bank of India (Escrow Account) for releasing guarantee of
Jodhpur Wires Limited. This deposit is to be adjusted against repayment
of loan to Bank/Financial Institutions.
b) Amount recoverable aggregating to Rs. 62.57 lacs (2009 Rs. 62.57
lacs) from various banks on account of the effect of the Reworked Out
Package based on the approval given by the bank which was given effect
to in earlier years. The Companys application for early release of
these amounts are pending with the banks. The Company is hopeful of
recovery and accordingly no provision for doubtful advances is
considered necessary.
11 The Company has not received any information / memorandum (as
required to be filed by Suppliers / Vendors with the notified authority
under Micro, Small and Medium Enterprises Development Act, 2006),
claiming their status as Micro, Small or Medium Enterprises.
Consequently, the amount paid / payable together with interest
paid/payable to these parties under this Act is Nil.
12. The Company has made application to Board of Industrial Finance and
Reconstruction (BIFR) for permission to allot Equity/ Cumulative
Redeemable Preference Shares against advance received/ credit balances
arising out of the re-worked out package approved by Banks/ Financial
Institutions which is pending with the BIFR.
13. No amount is paid / payable by the company under Section 441 of the
Companies Act, 1956 (Cess on turnover) since rules specifying the
manner in which the Cess shall be paid has not been notified yet by
Central Government.
14.2 In view of inadequacy of profits as per Section 198 of the
Companies Act, 1956, the remuneration to Directors have been paid as
per part II of the Schedule XIII of the said act, and no commission is
payable as per Section 350 of the said Act. Accordingly, computation
under section 350 read with Section 309(5) is not given.
15. The amount of excise duty shown as deduction from turnover Rs.
86.29 lacs (2009 Rs. 400.71 lacs) is the total excise duty for the
year excluding the excise duty relating to difference between the
closing and opening stock.The difference in excise duty between closing
and opening stock of finished goods amounting to Rs..9.27 lacs (2009
Rs. 30.41 lacs) is recognized separately in Profit & Loss Account.
16. Auditorsremuneration includes Statutory Audit Fee Rs. 1.46 lacs
(2009 Rs. 1.46 lacs),Fees for other matters (limited review, corporate
governance & certification fees etc.) Rs. 0.50 lacs (2009 Rs. 0.49
lacs) and Service tax of Rs. 0.20 lacs (2009- Rs. 0.21 lacs) have been
debited to Service Tax Recoverable.
17. Employees Benefits
17.1 Defined Contribution Plans
The Company makes contribution towards Provident Fund and ESIC to a
defined contribution retirement benefit plan for qualifying employees.
The Provident Fund & ESIC plans are operated by Regional Provident Fund
Commissioner and Director Employees State Insurance Corporation. The
Company is required to contribute a specified percentage of payroll
cost to the retirement benefit schemes to fund the benefits. The only
obligation of the Company with respect to their retirement benefit plan
is to make specified contribution at specified rates. The Company has
recognized Rs. 3,344,030 (2009-Rs. 3,604,898) for Provident Fund and
Rs. 10,19,845 (2009 Rs. 1,185,754) for ESIC
18.2 Defined Benefit Pan
18.2.1 Gratuity/Leave Encashment
The Company provides for retirement benefits in the form of gratuity &
leave encashment which are determined using the projected unit credit
method.
18.2.3 The Actuarial calculations used to estimate commitments and
expenses are based on the following assumption which if changed, would
affect the commitments size, funding requirement and expenses.
18.3 The estimates of future salary increase in actuarial valuations
take account of inflations, seniority, promotion and other relevant
factors such as supply and demand factors in employment market.
18.4 Gratuity expenses and Leave Encashment have been recognized under
the head Employees Remuneration & Welfare Expenses.
19 ICAI has issued a limited revision to AS 15 (revised) which allows
an entity to make disclosures required by paragraph 120 (n) of AS 15
(revised) prospectively from the transition date. The limited revision
has not yet been incorporated in AS 15 notified under Companies
(Accounting Standard) Rules, 2006. Company expects that limited
revision will be incorporated in notified standards shortly". In
preview of the above the Company has not disclosed the information
required to be disclosed under para 120 (n) of AS 15 (revised).
20. The Company could not make timely deduction/deposit of income tax
at source in all cases due to severe financial crisis and as such
further liability of penal interest etc., if any, will be accounted for
as and when demanded..
21. Segment Reporting :
At present the Company has only one business segment-copper & copper
based alloys Copper and copper based alloys include a small proportion
of fabrication income. The companys export form a significant
proportion of copper & copper based alloys. As such geographical
segment becomes a reportable segment in which risks and return are
different. The company has no system to identify revenue and expenses
to reportable business and geographical segments and as such the
particulars of segment information are not reported. Similarly assets
and liabilities contracted have not been identified to any reportable
segment as it is currently not practicable to provide segment
disclosures relating to assets, liabilities & capital employed.
22. Related party Disclosures:
The details of transactions entered into with related parties during
the year are as under:
a) Related Party and their relationship
i) Subsidiary Companies NIL
ii) a) Key Management Personnel
Sh.G.C.Kanunga Sh.B.L.Kanunga Sh.S.R.Kanunga Sh. Manoj Kanunga
b) Relative of Directors
Mr. Bharat Kanunga Mr. Arvind Kanunga Mrs. Kanta Kanunga Mr. Sandeep
Kanunga Mr. Rahul Kanunga Mr. Ritesh Kanunga Mrs. Sucheta Kanunga
iii) Enterprises in which key management personal have significant
influence. Alcobex Investment (P) Ltd. Maharastra Metal House
AbexTubes(P)Ltd. Century Metals Varron Impex Sai Sum Hydro Power Pvt.
Ltd.
23. Disclosures in respect of Companys operating lease arrangements,
entered on or after 15th April, 2001 under Accounting Standard (AS-19)
"Leases" issued by the Institute of Chartered Accountants of India.
a) The company has entered into operating lease arrangements primarily
for godown /office premises and residential premises for
employees/directors. Some of the significant terms and conditions of
the arrangements are: agreements may generally be terminated by either
party by servicing a notice period.
The lease arrangements are generally renewable on expiry of lease
period subject to mutual agreement.
The company shall not sublet, assign or part with the possession of the
premises without prior written consent of lessor.
b) Rent in respect of above, charged to Profit & Loss Account Rs. 13.92
lacs (2008-Rs. 16.181acs).
c) The total amount of future lease payments under non-cancellable
operating leases are as under:
(i) not later than one year:Rs.7.70 lacs (2009 Rs. 10.76 lacs)
(ii) Later than one year but not later than five years: Rs. Nil (iii)
Later than five years :Rs. Nil
24. An illegal strike at the factory premises continues since 3 April
2007 onwards. Accordingly no provision for Salary, Wages & allied
benefits for workers on strike is due for the period.
26. Taxes on Income
The deferred tax liability in accordance with Accounting Standard
(AS-22) "Accounting for Taxes on Income" issued by the Institute of
Chartered Accountants of India comprises of the followings:
In terms of the provisions of Accounting Standard (AS- 22) Taxes on
Income issued by the Institute of Chartered Accountants of India, the
Company would have had deferred tax assets in respect assets in respect
of expenses allowable on payment basis, carry forward business loss,
unabsorbed depreciation etc. However, the Company is not virtually/
reasonably certain about their realization in future and has
accordingly b
ot considered the same.
27. In the opinion of the Board, the fall in the market value of
investment is temporary in nature and accordingly no provision for
diminution in value of investment has been considered necessary.
28. As there is no company secretary, the accounts of the Company
could not be authenticated u/s 215 read with Sec. 383 of the Companies
Act, 1956.
29. The figures for the previous year have been regrouped/ recast as
far as practicable to make them comparable with those of current year.
30. Additional information pursuant to Part II of Schedule VI of The
Companies Act, 1956.
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