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| Notes to Accounts | Year End : Jun '06 |
1. Contingent Liabilities not provided for in respect of :
a) Encroachment charges with interest for the period 8th May, 1992 to
30th June, 2006 payable to Maharashtra Industrial Development
Corporation (MIDC) against which the Company has appealed before the
concerned authority `Udyog Mitra Rs. 11,076,412 (Previous Year Rs.
1,02,68,297). However, statements from MIDC are not available for
confirmation of the said figure.
b) The amount of Interest Liability, if any, in respect of Direct and
Indirect taxation, are not ascertainable.
3. a) The Company had received permission, in principle, from the
Development Commissioner, SEEPZ, allowing the Company to withdraw from
100% Export Oriented Unit (EOU) Scheme subject to payment of applicable
customs duty on imported plant and machinery and excise duty on
indigenously procured raw materials. The amount of duty and penalty
payable had been adjudicated by the concerned authorities vide their
order no. 04/VPS-34/2002/M-III dated 27th March, 2002 amounting to
Rs.197,096,699 (amount of interest not ascertainable). The Company had
filed an appeal with the CEGAT against the said order. CEGAT vide its
decision dated 5th July, 2005 has dismissed the said appeal filed by
the Company and upheld the above mentioned order passed by the
Commissioner of Central Excise and Customs (Appeals)-Mumbai III.
Pursuant to the order passed by the CEGAT Authorities, the Company has
made the necessary provisions in the accounts pertaining to the above
referred liability (excluding interest) during the year under review.
b) Pending withdrawal of the Company from 100% EOU Scheme, the Company
had obtained permission from the Ministry of Commerce to sell its
products in Domestic Tariff Area (DTA) upto 31st December, 1997.
However, the Company has continued to sell its products in DTA beyond
31st December 1997. The amount of differential duty and penalty payable
have. been adjudicated by the concerned Authorities vide their order
no. 04/VPS-34/2002/M-III dated 27th March, 2002 amounting to
Rs.464,054,965 (amount of interest not ascertainable). The Company had
filed an appeal with the CEGAT against the said order. CEGAT vide its
decision dated 5th July, 2005 has dismissed the said appeal filed by
the Company and upheld the above mentioned order passed by the
Commissioner of Central Excise and Customs (Appeals)-Mumbai III.
Pursuant to the order passed by the CEGAT Authorities, the Company has
made the necessary provisions in the accounts pertaining to the above
referred liability (excluding interest) during the year under review.
c) The Company as a 100% Export Oriented Unit (EOU) was procuring
indigenous raw materials and capital goods without payment of excise
duty. However, on obtaining letter of intent to withdraw from the 100%
EOU scheme, the Company had to pay excise duty (charge to
revenue/capitalised) without being allowed to claim MODVAT, pending
completion of debonding formalities. In view thereof, the Company to
date has MODVAT credit of Rs.3,11,94,040 not allowed by the
authorities.
The same will be dealt with in the accounts on completion of assessment
with respect to debonding.
4. a) Loans from Financial institutions [including guarantee
commission, liquidated damages etc., of Rs.183,417,297 (Previous Year
Rs. 154,320,885)] are repayable on demand and are secured by a first
charge by way of mortgage/hypothecation of all the assets of the
Company, immovable and/or moveable, present and future, wheresoever
situated and ranking pari-passu but subject to the prior charges of
the Companys bankers for working capital borrowings on specified
movables and personally guaranteed by two Directors of the Company.
(Also refer Note No.7 below).
b) During the year under review, Interest on loans taken from financial
institutions has been provided on the basis of rate of interest
considered in the immediately preceding year. No statements have been
received from financial institutions for confirmation of the figures
pertaining to the principal outstanding and interest accrued till 30th
June, 2006.
c) i) Working capital facilities from a bank are secured by first
charge by way of hypothecation of book debts and stocks and second
charge (pending creation of security) on whole of the immovable assets
of the company.
ii) As per the consent terms dated 5th July, 2004 between the Company
and Canara Bank, the total outstanding alongwith interest payable by
the Company to Canara Bank was settled at Rs.98,00,000 as against
Rs.3,12,26,621 claimed by the Bank as total outstandings alongwith
interest from the Company. Out of the settled amount of Rs.98,00,000 a
sum of Rs. 52,00,000 has already been paid by the Company during the
year under review. In terms of the consent terms, the balance amount of
Rs. 46,00,000 was due on 30th September, 2004 and in the event of the
Company not adhering to the said deadline, the Bank would claim the
entire amount of outstanding from the Company and not the settled
amount. However, since the Company could not adhere to the clauses in
the consent terms with respect to the payment of the balance amount of
the settled amount before the stipulated date, the accounting
adjustments, if any, according to the consent terms have not been given
effect to in the books of account. The promoters are trying to mobilize
the required funds through their personal resources for payment of the
outstanding amount.
d) The aforesaid loans, interest accrued and due thereon and working
capital facilities are secured as at the close of the year to the
extent of realisable value of the assets, the amount whereof has not
been ascertained.
5. a) Pursuant to the vacation of the stay granted by the Bombay High
Court earlier, restraining Industrial Development Bank Of India (IDBI)
from making any payment to Union Bank of Switzerland (UBS) (formerly
Swiss Bank Corporation) under its guarantee and UBS from recovering any
amount from IDBI, IDBI remitted SFR.7,339,672 (equivalent
Rs.205,510,823) on 22nd December 2000 towards full and final settlement
of UBS dues.
b) The aforesaid payment by IDBI to UBS is disputed by the Company and
is sub-judice in a suit filed by the Company in the Bombay High Court
and also subject matter of recovery proceedings initiated by IDBI
before debt recovery tribunal. However, as a matter of abundant
caution and without prejudice to the Companys claim in the legal
proceedings, the Company has accounted for the same.
6. In terms of the Arbitration award delivered by the London Court of
International Arbitration (LCIA) on 16th November, 2000, with respect
to the total failure of the Plant and the Mura Process supplied by the
foreign collaborators, the Company has till date not received the award
amount of SFR 3,158,200 with simple interest @ 8.5% p.a. Based on a
legal opinion obtained from an expert with respect to uncertainty in
receipt of the aforesaid award money and relied upon by the auditors,
the same will be dealt with appropriately in the year of actual
receipt.
7. a) The Companys net worth has been fully eroded due to losses which
is mainly on account of the Company not being able to manufacture Super
and Electro Conductive grade of carbon black in view of total failure
on the part of the foreign collaborators to prove the performance of
the plant and the process under the foreign collaboration agreement.
Substantial modifications to the Plant and Process were carried out by
the Companys indigenous technical team to manufacture rubber grade
carbon black. Presently, the operations of the plant are under
suspension interalia, due to financial constraints Further, BIFR has,
vide its order dated 19th June, 2003 recommended winding up of the
Company and the matter is pending at the Bombay High Court for
consideration. On grant of relief and concessions from the Financial
Institutions and Government, the management expects to revive the
operations and therefore, the accounts are prepared on going concern
basis.
b) In view of the closure of Plant operations since April 2000, the
Building, Plant & Machinery, Storage Tanks, Electrical installations,
Factory Equipment, Furniture & Fittings and Vehicles etc. started
deteriorating, however, since Companys indigenous technical team has
successfully manufactured and sold rubber grades of Carbon Black, it
may have reasonable value. However, considering uncertainty in the
matter and in the absence of independent assessment, deterioration in
respect of Building, Plant & Machinery, Storage Tanks, Electrical
Installations, Factory Equipment, Furniture & Fittings and Vehicles
etc. cannot be evaluated.
c) Due to the continuing financial crisis, the insurance for Plant &
Machinery etc could not be renewed after November 2002.
8. As a matter of abundant caution and without prejudice to the
Companys appeals pending before the Income Tax Appellate Tribunal
(ITAT), the Company during the earlier years had made provision with
respect to Income Tax liability of Rs. 109,579,890 for income earned
during construction period, based on the orders of the
Commissioner-Income Tax (Appeals).
9. Sundry Creditors include Rs. 8,73,960 (Previous Year Rs.8,73,980)
overdue to M/s Bhagwati Paper Industries a small scale Industrial Unit
and is outstanding for more than 30 days. Interest liability, if any,
will be provided for in the year of payment. This disclosure is based
on the information available with the Company regarding the status of
supplies under the Industries (Development and Regulation) Act, 1951
and Interest on Delayed payments to Small Scale and Ancillary
Industrial Undertaking Act, 1993.
10. The Company was sanctioned deferment of Sales Tax liability of
Rs.36,408,717 (excluding interest) upto 28th February, 2000 by the
Maharashtra State Government under the Scheme of Sales Tax Incentives.
In view of continuous suspension of plant operations, the said amount
is due and payable under the. provisions of the Scheme and the same has
been regrouped under Current Liabilities.
11. The accounts of certain Creditors and Banks are subject to
confirmation and reconciliation. The difference if any, as may be
noticed on reconciliation will be duly accounted for on completion
thereof. In the opinion of the Management, the ultimate difference will
not be material.
12. In the opinion of the Board of Directors, current assets, loans and
advances have a value on realisation in the ordinary course of
business, atleast equal to the amount at which they are stated and
provision for all liabilities (except otherwise stated) are adequate
and not in the excess of the amount reasonably necessary.
13. As the Company is engaged in only one segment viz., manufacture and
sale of carbon black and all of its fixed assets are situated in
India, there is no segment-wise information to report as per Accounting
Standard 17 issued by The Institute of Chartered Accountants of India.
14. Related Parties Disclosure as per Accounting Standard 18:
List of Related Parties : Nil
Key Management Personnel : Nil
15. The Computation of Earning Per Share:
Year ended Year ended
30th June. 2006 30th June, 2005
Loss for the year after Prior
period adjustments (numerator) (Rs.) 712,359,612 153,229,094
Weighted average number of
equity shares (denominator) 28,888,000 28,888,000
Basic and Diluted Earnings Per Share (Rs.) (6.10) (5.30)
Nominal Value of Shares (Rs.) 10.00 10.00
16. The accumulated losses of the Company have far exceeded its net
worth. Presently, the operations of the plant are under suspension
interalia, due to financial constraints. There is no certainty as to
whether the Company will be able to recoup the losses in near future
and hence, as a matter of prudence, no deferred tax asset has been
recognised in the accounts
17 Inter Corporate Deposits of Rs. 33,100,805 (Previous Year Rs.
32,794,767) included in Schedule 3 have been personally guaranteed by
one of the Directors.
18. Auditors Remuneration:
Year ended Year ended
30th June, 2006 30th June, 2005
Rupees. Rupees.
Audit Fees 50,000 - 50,000
Certification Fees 10,000 10,000
Service tax on above 7,344 6,120
Total 67,344 66,120
Year ended Year ended
30th June 2006 30th June, 2005
Rupees. Rupees.
20. Raw Material consumed : (indigenous) Nil Nil
21. Expenditure in foreign Currency
Legal & Professional Fees Nil 2,90,254
22. Earnings in foreign exchange Nil Nil
23 Previous Years figures have been regrouped/wherever necessary to
conform to this years presentation |
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| Source : Dion Global Solutions Limited | |
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