| 1. In the opinion of the Board the current assets, loans and advances
are approximately of the value stated, if realised in the ordinary
course of business and the provisions for all the known liabilities are
adequate.
2. Balances of sundry debtors, sundry creditors, loans and advances,
loans from financial institutions and banks, stocks lying with the
third parties and other balances are subject to
confirmation/reconciliation and consequential adjustments.
3. Contingent liabilities not provided for:
i) Show Cause notices/summons received from excise authorities for
under valuation of excisable goods manufactured and cleared - amount
not ascertainable.
ii) Sales tax matters for the year 1991-92, 1992-93 and 1993-94 where
the company has preferred appeals before higher authorities, on legal
grounds, where there will be no liability. Further sales tax matters
for the year 1999-2000 and 2000-2001 are also in appeal involving the
liability of Rs. 8.28 lacs (Rs. 1.70 lacs).
iii) In the matters for the Assessment Year 1999- 2000, 2004-2005 and
2005-2006, where the company has preferred appeals before higher
authorities, on legal grounds, having liability of Rs. 201.49 lacs in
respect of penalty and Rs. 1.95 lacs in respect of income tax, without
considering further interest or penalty thereon.
5. No provision has been made for accrued gratuity and bonus. The same
will be provided as and when paid.
6. The company has, on the basis of technical opinion and continuous
operation in three shifts throughout the year of the texturising plant
and machinery, treated the same as "continuous process plant" for the.
purpose of computation of depreciation, which however is not consistent
with the recommendation of Institute of Chartered Accountants of India,
as a result, up to date depreciation charge is lower by Rs 13.44 lacs
(Rs. 44.30 lacs) after taking into account Rs. 12.76 lacs (Rs. 10.98
lacs) excess charge for the year under review. Had this practice not
been followed, the block of plant & machinery of Jalgaon unit would
have fully depreciated.
7. The remuneration paid by the Company to its whole time directors
was not approved by the Remuneration Committee as per conditions of
Schedule XIII of the Companies Act 1956. Secondly the Company has also
made default in repayment of its debts and debentures.
8. The income tax assessment of the company has been completed up to
Assessment Year 2005-2006 and no provision for income tax has been made
for the financial year ended 31st March 2008 as according to the
company, there is no assessable income for the year.
9. No provision has been made in respect of interest accrued and due
on the unpaid instalments which have already become due pertaining to
Special Capital Incentives and Sales Tax Incentives received in the
form of unsecured loans in the absence of proper information available
with the company.
10. Figures for the previous year have been regrouped, rearranged and
recasted whenever necessary to make them comparable with the figures of
the current year and in the financial statements; any discrepancies in
any total and the sum of the amounts listed are due to rounding off.
11. Loans & advances and sundry debtors include the following debit
balances due from the company under the same management and other
parties in which the directors of the company and / or their relatives
are interested as director/partner/proprietor:
12. The manufacturing operations at the Jalgaon unit of the company
have been suspended due to heavy losses resulting in erosion of working
capital fund. Since company net worth as at 31.03.2000 was fully
eroded, it filed a reference with BIFR. The BIFR declared the company
as sick and appointed Central Bank of India as an Operating Agency to
examine the viability of the company.
The OA appointed The Bombay Textile Research Association (BTRA) for
preparation of Techno Economic Viability Study and revival scheme
(TEVS). BTRA has submitted TEVS report to OA. The company has also
submitted its rehabilitation proposal to OA on the basis of guidelines
submitted by BTRA that was not acceptable to the OA and consortium
members on the ground that it was not in line with the RBI guidelines.
In the hearing before BIFR on 7th April 2003, since BTRA report,
submitted to OA, was not acceptable to secured creditors, the BIFR
ordered the Change of Management (COM). The OAwas also changed to IDBI
in place of CBI. In the absence of any concrete proposal, the BIFR
directed to send the matter to concerned High Court to wind up the
company.
The Honourable High Court, Mumbai issued notification to official
liquidator for appointing him as provisional liquidator and the hearing
before the liquidator is in process. The company, in view of OTS with
secured creditors, is in the process of filing an appeal before the
Honourable High Court, Mumbai to give permission for sale of its fixed
assets to clear the dues payable under OTS.
Secondly in respect of liabilities provided in the accounts further to
add that pursuance to the heavy losses, the company suspended its yarn
manufacturing Works / functioning in its units / factories a long back
and in lieu of no improvement in the textile market but reactant slack
down, it has closed down yarn manufacturing units / factories long back
and approached to BIFR in the year 2000- 2001 and subsequently BIFR
declared the company sick industrial undertaking.
Therefore it is pertinent to say that the liabilities of the company
towards all financial institution / banks, of its principles amounts,
interest and compound interest along with rate inconceivable /
untenable and can not be taken as the admitted liabilities but under
scanner / scrutinisation / arbitrated / prima- facie and subject for
the verdict of an appropriate Court of Law as per provision i.e. the
liabilities stand as disputed / integrated.
In spite of the above facts the accounts of the company, including
Jalgaon unit, the operations of which were suspended and Kim unit also,
the plant & machinery of which were sold, have been prepared on the
concept that company will continue as a going concern.
13. Due to non availability of the information with company regarding
status of the suppliers registered as the Micro, Small and Medium
enterprises under the Micro, Small and Medium Enterprises Development
Act 1951, the quantum of the amount due to such suppliers and interest
thereon, if any could not be determined.
14. No provision has been made in respect of interest, in view of OTS,
on outstanding secured loans for the financial year 2007-2008 and
overdue and compound interest and liquidated damages on late
payment/defaults in payment of interest as well as repayment of
instalments of loans and non- convertible debentures, as the same could
not be determined / ascertained properly.
15. IDBI has filed a recovery suit before the Debt Recovery Tribunal at
Mumbai for Rs. 183.94 lacs and further interest till the date of actual
payment and the DRT issued temporary injunction against the company
that until further order, it should not dispose off, transfer, mortgage
etc. of its properties involved in the loan transaction. Subsequently,
Bank of Baroda has also become co-applicant with IDBI in the recovery
suit before DRT. However the IDBI settled its dues OTS, but Bank of
Baroda is yet to arrive at OTS.
16. Provision for interest, till financial year 2006-2007, on term
loans from banks and financial institutions has been made @ 18% p.a.
and on working capital loans from banks @ 15% p.a. in the absence of
proper information with the company and rounded off to Rs. 1000/- as
was done in the earlier years. The company has recognised the relief
granted by IDBI and SICOM on making full payment as per OTS amounting
to Rs.69622565/- representing relief towards interest Rs.61823260/- and
towards principle amount Rs. 7799305/-.
The accounting effect of the relief under OTS with outstanding secured
creditors.will given only after payment of amount of OTS to respective
secured creditors and on getting the no dues certificates from them.
17. Due to heavy losses continuously incurred in the past, the company
is not in the position to have the fair value, determined, of its
assets as compared to the carrying amount of such assets as required by
AS-28 for impairment of assets.
18. In view of the losses, Debenture Redemption Reserve has not been
created during the year.
19. The office of Company Secretary has been vacant since 1997-98, in
the circumstances; the authentication by Company Secretary does not
appear in the Accounts.
20 Related Party Disclosure:
a) The control of the company exists with Shri Radheshyam Poddar
-Chairman & Managing Director of the company and Shri Pradeep Poddar &
Shri Sunil Poddar who both are also key management personnel.
b) The names of the enterprises of related parties where transactions
have taken place are P. Fabrics, Adhunik Yarns limited and Adhunik
Fintrade Ltd.
c) The names and relation of the relatives of related parties where
transactions have taken place is Shri Sandeep Poddar, son of Chairman &
Managing Director and brother of both the Joint Managing Directors.
d) The other controlled enterprises of related parties are Sarika
Texoverseas (I) Limited, Travel Vistas and R. Omprakash.
21. In respect of Taxes On Income:
As the company has incurred substantial losses in past several years
and total net worth of the company has eroded by 31.03.2000, though the
company has huge carried forward losses and depreciation as per the
returns of income filed with the Income Tax Department but as a prudent
policy and due to uncertainty in availing the future taxable income, no
deferred tax assets has been recognized as on 31.03.2008.
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