Mar 31, 2011
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Mar 31, 2010
1. Contingent Liabilities not provided for in respect of the
following:-
a. Liability towards penal interest claimed by various unsecured
creditors who have filed / under the process of filing winding up cases
against the Company under Section 433 of the Companies Act, 1956 and
under section 138 of the Negotiable Instruments Act, 1881 - Amount
unascertainable (Previous Year-Amount unascertainable).
b. Liability as may rise due to non / delayed compliance of certain
fiscal status Amount unascertainable (Previous year -Amount
unascertainable).
c. Liabilities as may arise due to non-performance by the Company as
per the undertaking given to various Banks and Financial institutions
- Amount unascertainable (Previous Year - Amount unascertainable).
d. Liabilities as may rise to the Company on account of writing back
of balances in sundry creditors and other payables - Amount
unascertainable (Previous Year - Nil).
e. Liabilities as may arise on the company and its directors in their
individual capacity and a group company as co-guarantors of the Loan /
facilities borrowed by the Company form lime to time from Banks /
financial Institutions- Amount presently unascertainable (Previous
Year- Amount unascertainable).
2. The accumulated losses of the Company had eroded its entire Net
worth and the lenders of term loans and working capital facilities have
recalled term loans and working capital facilities along with interest
thereon and proceeded against the Company through the Debt Recovery
Tribunal for recovery. The lenders have since taken the possession of
the Factory Land and Building, Plants and Machinery and other assets
situated at Tarapur Plants of the Company. The said Tribunal has
ordered for the disposal the above assets vide its Order dated
24.08.2004.
As per the Debt Recovery Tribunal Order No. 339 / 2002 dated 22"*1
November 2004, the auction of the Company's situated at Tarapur
realized Rs.101.00 Lacs, of which Rs50.00 Lacs was realized
subsequent to the said Order (ie on 24.02.20C5). Apart from the above,
as per the said Order, the Bank had earlier received an of the amounts
received / appropriated by the Bank amount to Rs.10.29 Lacs. Thus the
aggregate leaving a balance of Rs.441.13 Lacs (upon inclusion of an
interest claim of Rs.75.16 Lacs and after adjustments of the interest
income, net of bank charges which is accounted for by the Company up to
previous year.).
The said loans and facilities, no longer secured by assets of the
Company, have become unsecured loans and shown as such in the financial
statements as at the close of the year. The said balance has now
become joint and several liability of the Company, its two directors
(including one Ex-director) and M/s Toshniwal Chemicals Ltd, being the
borrower and guarantors of the said loans / facilities.
The above amounts as represented .by the accounts--of the Company are
exclusive of interest to be calculated at 1.50% per annum with
quarterly rests from the date of filing of original application till
full realization. Amount of such interest is presently no ascertained.
3. The accounts of the Company for the year continued, to be prepared
on a going concern basis in spite to fact that the management of the
Company has also concluded that the Company can not continue as a going
concern in future. The said conclusion is a consequence of the erosion
of entire net worth and disposal of substantial assets of the Company
adversely affecting the going concern concept. However, the financial
statements for the current year have not been adjusted, for the
recoverability and classification of assets and liabilities as a
consequence of the. inability that the extent of the effects of the
resultant adjustment to the assets and liabilities of the Company as at
the year end and loss for the year is presently not ascertainable.
4.In view of the above events, the balances in the term Loans Cash
Credit and working capital facilities obtained from Bank which became
unsecured to the extent of non reliability from disposal of assets
secured against the said Loans / Facilities have been shown inn a
combined manner- Amount not individually ascertainable (Previous year
Amount unascertainable)./
5. The company has defaulted in the matter of the one time settlement
with SICOM Ltd. Due to which the original along with accrued interest
thereon company paid during the year.
6. No provisions for interest on the Term Loan and other facilities was
made during the year under review. These continued as Non performing
assets by the Banks of Baroda during the year under review.
7. In the opinion the management the closing balances of the current
assets Loan and Advances the above write off. are stated at the
expected realizable values and adequate provisions have been made for
all known liabilities.
8. No differed tax Assets / Liability has been recognized in the
accounts, keeping in view the substantial current as well. as carried
forward losses and unobserved depreciation as per the prevailing Income
tax Laws and the management's opinion that there will be no taxable
income in the future. Also no deferred tax Assets hat been recognized
on the timing difference in depreciation between the Companies Act 1956
and the Income Tax Act, 1961.
9 The Company follows cash basis of accounting for gratuity and leave
encashment and accounts for the same only upon payment, for which
amount is unascertainable (Previous Year - unascertainable), in
contravention of the mandatory Accounting Standard- 15 which prescribe
form vision on accrual basis. However, there are no qualifying
employees as at
10. The debtor's balances represent the balances in which directors
are interested - Nil (Previous Year - Rs.Nil).
11. Suras due to small scale industrial undertaking under Current
Liabilities as per the information available with the Company and
relied upon by the auditors - Amount unascertained (previous
Year-Amount unascertained).
12. Balances appearing in Loam and Advances, Deposits and Current
liabilities are subject to conformation from the respective panics.
13. Deferral of Sales Tax is under Sales Tax incentive Scheme, 1983 of
government of Maharashtra and the same is payable in five Annual
installments after the expiry of 10 Year from the data of a ailment
(i.e., financial year 2002-2003 onwards). However, demand has been
raised by the Sales Tax Department till date. Amount paid by the
Company towards the above during the year - Nil (Previous Year - Nil ).
14. The Company has not complied with provision of Section 292A of the
Companies Act 1956, the requirement of Clauses 41 and 49 of listing
Agreements with the Stock Exchanges and the Securities and Exchange
Board of India as regards constitution of Audi! Committee and
convention of Audit Committee meetings and declaration of Financial
results and Corporate Governance During the year.
15. Information Pursuant to 3 and 4 Part II of Schedule VI to the
Companies Act, to the extent applicable. NIL
16. Information Pursuant to Part IV of Schedule VI to the Company Act
regarding balance Sheet Abstract and Company's General Business
Profile.
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