Mar 31, 2016
We have audited the accompanying financial statements of Hinduja
Foundries Limited (''the Company''), which comprise the balance sheet as
at March 31, 2016, the statement of profit and loss and the cash flow
statement for the eighteen months period ended, and a summary of
significant accounting policies and other explanatory information.
Management''s Responsibility for the Financial Statements
The Company''s Board of Directors is responsible for the matters stated
in Section 134 (5) of the Companies Act, 2013 ("the Act") with respect
to the preparation and presentation of these financial statements that
give a true and fair view of the financial position, financial
performance and cash flows of the Company in accordance with the
accounting principles generally accepted in India, including the
Accounting Standards specified under Section 133 of the Act, read with
Rule 7 of the Companies (Accounts) Rules, 2014. This responsibility
also includes maintenance of adequate accounting records in accordance
with the provisions of the Act for safeguarding the assets of the
Company and for preventing and detecting frauds and other
irregularities; selection and application of appropriate accounting
policies; making judgments and estimates that are reasonable and
prudent; and design, implementation and maintenance of adequate
internal financial controls, that were operating effectively for
ensuring the accuracy and completeness of the accounting records,
relevant to the preparation and presentation of the financial
statements that give a true and fair view and are free from material
misstatement, whether due to fraud or error.
Auditors'' Responsibility
Our responsibility is to express an opinion on these financial
statements based on our audit.
We have taken into account the provisions of the Act, the accounting
and auditing standards and matters which are required to be included in
the audit report under the provisions of the Act and the Rules made
thereunder.
We conducted our audit in accordance with the Standards on Auditing
specified under Section 143(10) of the Act. Those Standards require
that we comply with ethical requirements and plan and perform the audit
to obtain reasonable assurance about whether the financial statements
are free from material misstatement.
An audit involves performing procedures to obtain audit evidence about
the amounts and the disclosures in the financial statements. The
procedures selected depend on the auditor''s judgment, including the
assessment of the risks of material misstatement of the financial
statements, whether due to fraud or error. In making those risk
assessments, the auditor considers internal financial control relevant
to the Company''s preparation of the financial statements that give a
true and fair view in order to design audit procedures that are
appropriate in the circumstances, but not for the purpose of expressing
an opinion on whether the Company has in place an adequate internal
financial controls system over financial reporting and the operating
effectiveness of such controls. An audit also includes evaluating the
appropriateness of the accounting policies used and the reasonableness
of the accounting estimates made by the Company''s Directors, as well as
evaluating the overall presentation of the financial statements.
We believe that the audit evidence we have obtained is sufficient and
appropriate to provide a basis for our audit opinion on the financial
statements.
Opinion
In our opinion and to the best of our information and according to the
explanations given to us, the aforesaid financial statements give the
information required by the Act in the manner so required and give a
true and fair view in conformity with the accounting principles
generally accepted in India, of the state of affairs of the Company as
at March 31, 2016 and its loss and its cash flows for the eighteen
months period ended on that date.
Report on Other Legal and Regulatory Requirements
1. As required by the Companies (Auditor''s Report) Order, 2015 ("the
Order") issued by the Central Government of India in terms of
sub-section (11) of Section 143 of the Act, we give in the Annexure, a
statement on the matters specified in the paragraph 3 and 4 of the
Order.
2. As required by Section 143 (3) of the Act, we report that:
(a) we have sought and obtained all the information and explanations
which to the best of our knowledge and belief were necessary for the
purposes of our audit;
(b) in our opinion proper books of account as required by law have been
kept by the Company so far as it appears from our examination of those
books;
(c) the balance sheet, the statement of profit and loss and the cash
flow statement dealt with by this Report are in agreement with the
books of account;
(d) in our opinion, the aforesaid financial statements comply with the
Accounting Standards specified under Section 133 of the Act, read with
Rule 7 of the Companies (Accounts) Rules, 2014;
(e) on the basis of the written representations received from the
directors as on March 31, 2016 taken on record by the Board of
Directors, none of the directors is disqualified as on March 31, 2016
from being appointed as a director in terms of Section 164 (2) of the
Act; and
(f) with respect to the other matters to be included in the Auditor''s
Report in accordance with Rule 11 of the Companies (Audit and Auditors)
Rules, 2014, in our opinion and to the best of our information and
according to the explanations given to us:
i. the Company has disclosed the impact of pending litigations on its
financial position in its financial statements
- Refer Note 32 to the financial statements;
ii. the Company has made provision, as required under the applicable
law or accounting standards, for material foreseeable losses, if any,
on long- term contracts including derivative contracts;
iii. there has been no delay in transferring amounts, required to be
transferred, to the Investor Education and Protection Fund by the
Company.
The Annexure referred to in our Independent Auditors'' Report to the
members of Hinduja Foundries Limited ("the Company") for the eighteen
months period ended March 31, 2016, we report that:
(i) (a) The Company has maintained proper records showing full
particulars, including quantitative details and situation of fixed
assets. The Company is in the process of comprehensively
compiling/updating the fixed asset register after incorporating the
results of the physical verification.
(b) The Company has a regular programme of physical verification of its
fixed assets by which all fixed assets are verified in a phased manner
over a period of three years. In our opinion, this periodicity of
physical verification is reasonable having regard to the size of the
Company and the nature of its assets. In accordance with the programme,
certain fixed assets were verified during the period. The Company is in
the process of reconciling some of the fixed assets counted with the
fixed assets register. As explained to us the Company believes the
difference, if any, will not be material.
(ii) (a) The inventory, except certain goods-in- transit and stocks
lying with third parties, has been physically verified by the
management during the period. In our opinion, the frequency of such
verification is reasonable. For major portion of stocks lying with
third parties at the period-end, written confirmations have been
obtained by the Company.
(b) The procedures for the physical verification of inventories
followed by the management are reasonable and generally adequate in
relation to the size of the Company and the nature of its business.
(c) In relation to the maintenance of inventory records, the Company
had during the previous periods initiated certain corrective steps
including implementation of an ERP system, introduction of perpetual
inventory system, identification of non - moving inventory,
strengthening the documentation and controls regarding recording and
usage of rejections and consumption of materials etc. During the
current period the Company continued to further implement and
strengthen the above corrective steps initiated and monitor the
operating effectiveness of the measures taken. Discrepancies noted on
verification between the physical stocks and book records were not
material and have been accounted as consumption in the books.
(iii) The Company has not granted any loans, secured or unsecured, to
or from companies, firms or other parties covered in the register
maintained under section 189 of the Companies Act, 2013 (''the Act'').
(iv) In our opinion and according to the information and explanations
given to us, and having regard to the explanation that purchases of
certain items of inventories are for the Company''s specialised
requirements and similarly certain goods sold or services rendered are
for the specialised requirements of the buyers and suitable alternative
sources are not available to obtain comparable quotations, there is an
adequate internal control system commensurate with the size of the
Company and the nature of its business with regard to purchase of
inventories and fixed assets and with regard to the sale of goods and
services. In our opinion and according to the information and
explanations given to us, further to the corrective action initiated to
the matter referred to in clause ii (c) above, there is no continuing
failure to correct major weaknesses in internal control system.
(v) The Company has not accepted any deposits from the public.
(vi) We have broadly reviewed the books of account maintained by the
Company pursuant to the Rules made by the Central Government for the
maintenance of cost records under section 148(1) of the Companies Act,
2013 and having regard to the comments in paragraph ii (c) above, we
are of the opinion that prima facie the prescribed accounts and records
have been made and maintained. However, we have not made a detailed
examination of the records.
(vii) (a) According to the information and explanations given to us and
on the basis of our examination of the records of the Company, amounts
deducted/accrued in the books of account in respect of undisputed
statutory dues including Provident Fund, Employees'' State Insurance,
Income-tax, Sales-tax, Wealth tax, Service tax, Customs duty, Excise
duty and other material statutory dues have been generally regularly
deposited during the period by the Company with the appropriate
authorities.
According to the information and explanations given to us, no
undisputed amounts payable in respect of Provident Fund, Employees''
State Insurance, Income tax, Sales tax, Wealth tax, Service tax,
Customs duty, Excise duty and other material statutory dues were in
arrears as at March 31, 2016 for a period of more than six months from
the date they became payable.
(b) According to the information and explanations given to us, the dues
set out in Appendix I in respect of Income tax, Excise duty, Service
tax, Customs duty and Sales tax have not been deposited by the Company
on account of disputes.
(c) According to the information and explanations given to us, the
amounts which were required to be transferred to the Investor Education
and Protection Fund in accordance with the relevant provisions of the
Companies Act, 1956 (1 of 1956) and rules thereunder has been
transferred to such fund within time.
(viii) The Company''s accumulated losses at the end of the financial
period have exceeded 50% of its net worth. The Company has incurred
cash losses in the current financial period and in the preceding
financial period.
(ix) In our opinion and according to the information and explanations
given to us, the Company has not defaulted in repayment of dues to its
bankers or to any financial institutions. The Company did not have any
outstanding debentures during the period.
(x) According to the information and explanations given to us, the
Company has not given any guarantee for loans taken by others from
banks or financial institutions.
(xi) In our opinion and according to the information and explanations
given to us, the term loans taken by the Company have been applied for
the purpose for which they were raised.
(xii) According to the information and explanations/ confirmations
given to us, no material fraud on or by the Company has been noticed or
reported during the period.
Appendix I as regards to Paragraph vii (b) of Annexure to the Auditors''
Report
Nature of Period to
which the Amount in
Name of
statute Forum where dispute
is pending
dues amount
relates Lakhs
Central Excise
Act, 1944 Excise duty 2011-2012 3.11 CESTAT
Central Excise
Act, 1944 Excise duty 2010-2011 3.08 Commissioner
(Appeals)
Additional
Commissioner of
Central
CENVAT
Credit Rules,
2004 Service tax 2014-2015 29.61 Excise
CENVAT
Credit Rules,
2004 Excise duty 2014-2015 0.88 Assistant
Commissioner
Assistant
Commissioner of
Central Excise
CENVAT
Credit Rules,
2004 Service tax 2014-2015 8.82
Commissioner of
Central Excise
CENVAT
Credit Rules,
2004 Excise duty 2014-2015 1.11 (Appeals)
CENVAT
Credit Rules,
2004 Service tax 2010-2014 387.10 Commissioner
CENVAT
Credit Rules,
2004 Service tax 2013-2014 6.63 Joint Commissioner
of Central Excise
CENVAT
Credit Rules,
2004 Service tax 2014-2015 96.60 Commissioner of
Central Excise
2006-2007 and
CENVAT
Credit Rules,
2004 Service tax # 13.35 Commissioner
(Appeals)
2013-2016
CENVAT
Credit Rules,
2004 Service tax 2006-2015 # 786.80 CESTAT
CENVAT
Credit Rules,
2004 Excise duty 2009-2015 # 9.01 CESTAT
CENVAT
Credit Rules,
2004 Excise duty 1993-1998 # 22.63 Hon''ble High
Court of Madras
Customs
Customs
Act, 1962 2006-2007 1.78 CESTAT
duty
CST Act, 1956 Sales tax 2003-2005 71.09 Appellate Deputy
Commissioner
CST Act, 1956 Sales tax 2014-15 # 44.60 TNSTAT
Finance Act ,
1994 Service tax 2009-2011 # 335.31 CESTAT
Finance Act ,
1994 Service tax 2010-2011 # 23.96 Commissioner
(Appeals)
Commissioner of
Central Excise
Finance Act ,
1994 Service tax 2011 & 2013 # 1.34 (Appeals)
TNGST Act,
1959 Sales tax 1994-1998 # 43.47 Hon''ble High Court
of Madras
Income Tax
Act, 1961 Income 2008-2010 36.62 Assessing Officer
tax
Income Commissioner of
Income tax -
Income Tax
Act, 1961 2007-2013 1,742.66 tax Appeals
# net of amounts paid under protest
for B S R and Company
Chartered Accountants
ICAI Firm''s Registration No.:128900W
S Sethuraman
Chennai Partner
May 11, 2016 Membership No: 203491
Sep 30, 2014
We have audited the accompanying financial statements of Hinduja
Foundries Limited (the "Company"), which comprise the balance sheet as
at September 30, 2014, the statement of profit and loss and the cash
flow statement for the eighteen months period then ended, and a summary
of significant accounting policies and other explanatory information.
Management''s responsibility for the financial statements
Management is responsible for the preparation of these financial
statements that give a true and fair view of the financial position,
financial performance and cash flows of the Company in accordance with
the Accounting Standards referred to in sub-section (3C) of section 211
of the Companies Act, 1956 (''the Act''). This responsibility includes
the design, implementation and maintenance of internal control relevant
to the preparation and presentation of the financial statements that
give a true and fair view and are free from material misstatement,
whether due to fraud or error.
Auditors'' responsibility
Our responsibility is to express an opinion on these financial
statements based on our audit. We conducted our audit in accordance
with the Standards on Auditing issued by the Institute of Chartered
Accountants of India. Those Standards require that we comply with
ethical requirements and plan and perform the audit to obtain
reasonable assurance about whether the financial statements are free
from material misstatement.
An audit involves performing procedures to obtain audit evidence, about
the amounts and disclosures in the financial statements. The procedures
selected depend on the auditors'' judgment, including the assessment of
the risks of material misstatement of the financial statements, whether
due to fraud or error. Inmakingthoseriskassessments,theauditors
consider internal control relevant to the Company''s preparation and
fair presentation of the financial statements in order to design audit
procedures
that are appropriate in the circumstances, but not for the purpose of
expressing an opinion on the effectiveness of the entity''s internal
control. An audit also includes evaluating the appropriateness of
accounting policies used and the reasonableness of the accounting
estimates made by the management, as well as evaluating the overall
presentation of the financial statements.
We believe that the audit evidence we have obtained is sufficient and
appropriate to provide a basis for our audit opinion.
Opinion
In our opinion, and to the best of our information and according to the
explanations given to us the said financial statements give the
information required by the Companies Act, 1956 in the manner so
required and give a true and fair view in conformity with the
accounting principles generally accepted in India:
(a) in the case of the balance sheet, of the state of affairs of the
Company as at September 30, 2014;
(b) in the case of the statement of profit and loss, of the loss for
the eighteen month period ended on that date; and
(c) in the case of the cash flow statement, of the cash flows for the
eighteen month period ended on that date.
Emphasis of Matter
Attention is drawn to Note 2(a) to the financial statements which more
fully discusses the going concern matters etc. The Company''s
performance has been impacted by automotive market slowdown, inadequate
price compensation, volatile material prices, delays in recovery of
certain long pending balances and consequent extended working capital
cycles. As a result, the Company has accumulated losses as at September
30, 2014 that have significantly eroded the networth. The Company has
initiated various steps to improve its operational performance/
liquidity, remove bottlenecks relating to its projects, improve the
networth including raising of capital etc.
Based on business plans, availability of short- term and long-term bank
funding arrangements, independent impairment testing, increase in
capital by way of preferential allotment and qualified institutional
placement and in view of the continued support by the promoters
including assistance in relation to certain long pending balances, the
Company believes that it would be able to realize its assets and settle
its liabilities in the normal course at their carrying values and that
no adjustments would be required in respect of the carrying value of assets/liabilities as at September 30, 2014. Accordingly, the
financial statements have been prepared on a going concern basis.
Our opinion is not qualified in respect of this matter.
Report on other legal and regulatory requirements
As required by the Companies (Auditor''s Report) Order, 2003 ("the
Order"), as amended, issued by the Central Government of India in terms
of sub- section (4A) of section 227 of the Companies Act, 1956, we
enclose in the Annexure a statement on the matters specified in
paragraphs 4 and 5 of the said Order.
Further to our comments to in the Annexure referred to above, as
required by section 227(3) of the Act, we report that:
(a) We have obtained all the information and explanations which, to the
best of our knowledge and belief, were necessary for the purpose of our
audit;
(b) In our opinion, proper books of account as required by law have
been kept by
the Company so far as appears from our examination of the books of
account;
(c) The balance sheet, statement of profit and loss, and cash flow
statement dealt with by this report are in agreement with the books of
account;
(d) In our opinion, the balance sheet, statement of profit and loss,
and cash flow statement dealt with by this report comply with the
accounting standards referred to in sub- section (3C) of section 211 of
the Companies Act, 1956; and
(e) On the basis of written representations received from the directors
as at September 30, 2014, and taken on record by the board of
directors, we report that none of the directors is disqualified as at
September 30, 2014, from being appointed as a director in terms of
clause (g) of sub-section (1) of section 274 of the Companies Act, 1956
Annexure to the Independent Auditors'' Report
(referred to in our report of even date)
The Annexure referred to in the Independent auditors'' report to the
members of Hinduja Foundries Limited ("the Company") for the eighteen
months period ended September 30, 2014. We report that:
(i) (a) The Company has maintained proper records showing full
particulars, including quantitative details and situation of fixed
assets. The Company is in the process of comprehensively
compiling/updating the fixed asset register after incorporating the
results of the physical verification of fixed assets.
(b) The Company has a regular programme of physical verification of its
fixed assets by which all fixed assets are verified in a phased manner
over a period of three years. In our opinion, this periodicity of
physical verification is reasonable having regard to the size of the
Company and the nature of its assets. In accordance with the programme,
certain fixed assets were verified during the period. The Company is
in the process of reconciling some of the fixed asset counted with the
fixed assets register. As explained to us the Company believes the
difference, if any, will not be material.
(c) Fixed assets disposed of during the period were not substantial,
and therefore, do not affect the going concern assumption.
(ii) (a) The inventory, except certain goods-in-transit and stocks
lying with third parties, has been physically verified by the
management during the period. In our opinion, the frequency of such
verification is reasonable. For major portion of stocks lying with
third parties at the period-end, written confirmations have been
obtained by the Company.
(b) The procedures for the physical verification of inventories
followed by the management are reasonable and generally adequate in
relation to the size of the Company and the nature of its business.
(c) In relation to the maintenance of inventory records, the Company
had during the previous year initiated certain corrective steps
including implementation of an ERP system, introduction of perpetual
inventory system, identification of non - moving inventory,
strengthening the documentation and controls regarding recording and
usage of rejections and consumption of materials etc. During the
current year the Company continued to further implement and strengthen
the above corrective steps initiated and monitor the operating
effectiveness of the measures taken. Discrepancies noted on
verification between the physical stocks and book records were not
material and have been accounted as consumption in the books.
(iii) The Company has neither granted nor taken any loans, secured or
unsecured, to or from companies, firms or other parties covered in the
register maintained under section 301 of the Companies Act, 1956.
(iv) In our opinion and according to the information and explanations
given to us, and having regard to the explanation that purchases of
certain items of inventories are for the Company''s specialised
requirements and similarly certain goods sold or services rendered are
for the specialised requirements of the buyers and suitable alternative
sources are not available to obtain comparable quotations, there is an
adequate internal control system commensurate with the size of the
Company and the nature of its business with regard to purchase of
inventories and fixed assets and with regard to the sale of goods and
services. In our opinion and according to the information and
explanations given to us, further to the corrective action initiated to
the matter referred to in clause ii (c) above, there is no continuing
failure to correct major weaknesses in internal control system.
(v) In our opinion and according to the information and explanations
given to us, there are no contracts and arrangements, the particulars
of which need to be entered into the register maintained under Section
301 of the Companies Act, 1956.
(vi) The Company has not accepted any deposits from the public.
(vii) In our opinion, the Company has an internal audit system
commensurate with the size and nature of its business.
(viii) We have broadly reviewed the books of account maintained by the
Company pursuant to the Rules made by the Central Government for the
maintenance of cost records under section 209 (1) (d) of
the Companies Act, 1956 and having regard to the comments in paragraph
ii (c) above, we are of the opinion that prima facie the prescribed
accounts and records have been made and maintained. However, we have
not made a detailed examination of the records.
(ix) (a) According to the information and explanations given to us and
on the basis of our examination of the records of the company, amounts
deducted/accrued in the books of account in respect of undisputed
statutory dues including Provident Fund, Employees'' State Insurance,
Income-tax, Sales- tax, Wealth tax, Service tax, Customs duty, Excise
duty and other material statutory dues have been generally regularly
deposited during the year by the Company with the appropriate
authorities. As explained to us, the Company did not have any dues on
account of Investor Education and Protection Fund.
According to the information and explanations given to us, no
undisputed amounts payable in respect of Provident Fund, Employees''
State Insurance, Income tax, Sales tax, Wealth tax, Service tax,
Customs duty, Excise duty and other material statutory dues were in
arrears as at September 30, 2014 for a period of more than six months
from the date they became payable.
(b) According to the information and explanations given to us, the dues
set out in Appendix I in respect of Income tax, Excise duty, Service
tax, and Sales tax have not been deposited by the Company on account of
disputes.
(x) The Company''s accumulated losses at the end of the financial year
have exceeded 50% of its net worth. The Company has incurred cash
losses in the current financial year and in the preceding financial
year.
(xi) In our opinion and according to the information and explanations
given to us, the Company has not defaulted in repayment of dues to its
bankers or to any financial institutions. The Company did not have any
outstanding debentures during the year.
(xii) The Company has not granted any loans and advances on the basis
of security by way of pledge of shares, debentures and other
securities.
(xiii) In our opinion and according to the information and explanations
given to us, the Company is not a chit fund or a nidhi / mutual benefit
fund / society.
(xiv) According to the information and explanations given to us, the
Company is not dealing or trading in
shares, securities, debentures and other investments. (xv) According
to the information and explanations given to us, the Company has not
given any guarantee
for loans taken by others from banks or financial institutions.
(xvi) In our opinion and according to the information and explanations
given to us, the term loans taken by the Company have been applied for
the purpose for which they were raised.
(xvii) In our opinion and according to the information and explanation
given to us and on an overall examination of the financial statements
of the Company, funds raised on short-term basis have, prima facie not
been used for long-term investment.
(xviii) The Company has not made any preferential allotment of shares
to companies / firms / parties covered in the register maintained under
Section 301 of the Companies Act, 1956.
(xix) According to the information and explanations given to us, the
Company has not issued any debentures.
(xx) The Company has not raised any money by public issues.
(xxi) According to the information and explanations/ confirmations
given to us, no material fraud on or by the Company has been noticed or
reported during the period.
Appendix I as regards to Paragraph 9 (b) of Annexure to the Auditors''
Report
Nature of Statute Nature of Dues Period to which Amount
the amount relates in lak
Central Excise Act, 1944 Excise duty 2011-2012 3.11
Central Excise Act, 1944 Excise duty 2010-2011 3.08
Central Excise Act, 1944 Excise duty 2010 4.50
Cenvat Credit Rules, 2004 Excise duty 2009-2012 7.76
Cenvat Credit Rules, 2004 Excise duty 2006-2007 1.78
Cenvat Credit Rules, 2004 Excise duty 2006-2011 114.85
Cenvat Credit Rules, 2004 Service Tax 2010-2013 5.41
Cenvat Credit Rules, 2004 Service Tax 2012-2013 34.70
Cenvat Credit Rules, 2004 Excise duty 2004-2013 153.05
Cenvat Credit Rules, 2004 Service Tax 2006-2009 557.87
Cenvat Credit Rules, 2004 Excise duty 1993-1998 45.26
Cenvat Credit Rules, 2004 Service Tax 2009-2010 110.77
CST Act, 1956 Sales Tax 2003-2005 50.34
Finance Act, 1994 Service Tax 2009-2013 0.80
Finance Act, 1994 Service Tax 2011 4.76
Finance Act, 1994 Service Tax 2010-2011 2.59
Finance Act, 1994 Service Tax 2011-2012 42.60
Finance Act, 1994 Service Tax 2009-2010 274.30
Finance Act, 1994 Service Tax 2011 16.17
Finance Act 1994 Excise duty 2009-2010 0.84
Income Tax Act,1961 Income Tax 2005-2010 1,067.19
Natue of Statute Forum where dispute is pending
Central Excise Act, 1944 CESTAT
Central Excise Act, 1944 Commissioner (Appeals)
Central Excise Act, 1944 Assistant Commissioner of Central Excise
Cenvat Credit Rules, 2004 Commissioner of Central Excise -Appeals
Cenvat Credit Rules, 2004 CESTAT
Cenvat Credit Rules, 2004 Commissioner of Central Excise
Cenvat Credit Rules, 2004 Assistant Commissioner of Central Excise
Cenvat Credit Rules, 2004 Commissioner of Central Excise
Cenvat Credit Rules, 2004 Deputy Commissioner of Central Excise
Cenvat Credit Rules, 2004 CESTAT
Cenvat Credit Rules, 2004 Hon''ble High Court of Madras
Cenvat Credit Rules, 2004 Commissioner of Service Tax
CST Act 1994 Appellate Deputy Commissioner
Finance Act 1994 Commissioner of Central Excise - Appeals
Finance Act 1994 Deputy Commissioner of Central Excise
Finance Act 1994 Assistant Commissioner of Central Excise
Finance Act 1994 Commissioner of Central Excise
Finance Act 1994 Commissioner of Service Tax
Finance Act 1994 Additional Commissioner of Central Excise
Finance Act 1994 CESTAT
Finance Act 1994 Commissioner of Income tax - Appeals
# Excludes amount paid under protest of Rs. 61.13 Lakhs
## Excludes amount paid under protest of Rs. 31.55 Lakhs
@ Excludes amount paid under protest of Rs. 50 Lakhs
for B S R and Company
Chartered Accountants
ICAI Firm Registration No.:128900W
S Sethuraman
Chennai Partner
November 20, 2014 Membership No: 203491
Mar 31, 2013
Report on the financial statements
We have audited the accompanying financial statements of Hinduja
Foundries Limited (the "Company"), which comprise the Balance Sheet as
at March 31, 2013, the Statement of Profit and Loss and the Cash Flow
Statement for the year (six month period) then ended, and a summary of
significant accounting policies and other explanatory information.
Management''s responsibility for the financial statements
Management is responsible for the preparation of these financial
statements that give a true and fair view of the financial position,
financial performance and cash flows of the Company in accordance with
the Accounting Standards referred to in sub- section (3C) of section
211 of the Companies Act, 1956 (''the Act''). This responsibility
includes the design, implementation and maintenance of internal control
relevant to the preparation and presentation of the financial
statements that give a true and fair view and are free from material
misstatement, whether due to fraud or error.
Auditors'' responsibility
Our responsibility is to express an opinion on these financial
statements based on our audit. We conducted our audit in accordance
with the Standards on Auditing issued by the Institute of Chartered
Accountants of India. Those Standards require that we comply with
ethical requirements and plan and perform the audit to obtain
reasonable assurance about whether the financial statements are free
from material misstatement.
An audit involves performing procedures to obtain audit evidence, about
the amounts and disclosures in the financial statements. The procedures
selected depend on the auditors'' judgment, including the assessment of
the risks of material misstatement of the financial statements, whether
due to fraud or error. In making those risk assessments, the auditors
consider internal control relevant to the Company''s preparation and
fair presentation of the financial statements in order to design audit
procedures that are appropriate in the circumstances. An audit also
includes evaluating the appropriateness of accounting policies used and
the reasonableness of the accounting estimates made by the management,
as well as evaluating the overall presentation of the financial
statements.
We believe that the audit evidence we have obtained is sufficient and
appropriate to provide a basis for our audit opinion.
Basis for report modification in respect of corresponding previous year
figures
Attention is invited to Note 38 to the financial statements which
explains that the corresponding figures regarding the previous
financial year ended September 30, 2012 includes the differences
between book stock and physical stock (physical stock being lower than
book stock) aggregating to Rs. 82.95 Crores arising out of the physical
verification of inventory carried by the Company during the period
ended September 30, 2012. As per the explanations from the management,
such differences were predominantly due to ineffective process
standards and inadequate documentation and controls in connection with
recording and usage of rejections in the Company''s factories and
recognition of consumption was based on physical inventories as at
September 30,2012. Our reporting should be considered in relation to
corresponding previous year figures in this context.
Opinion
In our opinion, and to the best of our information and according to the
explanations given to us (including the matter relating to the
corresponding previous financial year as above) the said financial
statements give the information required by the Companies Act, 1956 in
the manner so required and give a true and fair view in conformity with
the accounting principles generally accepted in India:
(a) in the case of the Balance Sheet, of the state of affairs of the
Company as at March 31, 2013;
(b) in the case of the Statement of Profit and Loss, of the loss for
the year (six month period) ended on that date; and
(c) in the case of the Cash Flow Statement,'' of the cash flows (six
month period) for the year ended on that date.
Emphasis of Matter
Without qualifying our opinion, we draw attention to Note 2 (a) to the
financial statement which more fully discusses the going concern
related matters. Based on the current business plans, subscription of
additional share capital by promoters, independent impairment testing,
availability of banking limits, etc., the Company believes that it
would be able to meet its financial requirements and no adjustments
would be required in respect of the carrying value of
assets/liabilities. Accordingly, the financial statements have been
prepared on a going concern basis.
Report on other legal and regulatory requirements
As required by the Companies (Auditor''s Report) Order, 2003 ("the
Order"), as amended, issued by the Central Government of India in terms
of sub- section (4A) of section 227 of the Companies Act, 1956, we
enclose in the Annexure a statement on -the matters specified in
paragraphs 4 and 5 of the said Order.
Further to our comments to in the Annexure referred to above, as
required by section 227(3) of the Act, we report that:
(a) We have obtained all the information and explanations which, to the
best of our knowledge and belief, were necessary for the purpose of our
audit;
(b) In our opinion, proper books of account as required by law have
been kept by the Company so far as appears from our examination of the
books of account;
(c) The balance sheet, statement of profit and loss, and cash flow
statement dealt with by this report are in agreement with the books of
account;
(d) In our opinion, the balance sheet, statement of profit and loss,
and cash flow statement dealt with by this report comply with the
accounting standards referred to in sub- section (3C) of section 211 of
the Companies Act, 1956; and
(e) On the basis of written representations received from the Directors
as at March 31, 2013, and taken on record by the Board of Directors, we
report that none of the Directors is disqualified as at March 31,2013,
from being appointed as a Director in terms of clause (g) of
sub-section (1) of section 274 of the Companies Act, 1956.
The Annexure referred to in the Independent auditors'' report to the
members of Hinduja Foundries Limited ("the Company") for the year (six
months period) ended March 31, 2013. We report that:
1. (a) The Company has maintained records relating to fixed assets
showing particulars including quantitative details and situation of its
fixed assets.
(b) The Company has a regular programme of physical verification of its
fixed assets by which all fixed assets are verified in a phased manner
over a period of three years. In our opinion, this periodicity of
physical verification is reasonable having regard to the size of the
Company and the nature of its assets. In accordance with this programme
certain fixed assets were verified during the period and as explained
to us, no material discrepancies were noticed on such verification.
(c) Fixed assets disposed of during the period were not substantial,
and therefore, do not affect the going concern assumption.
2. (a) The inventory, except goods-in-transit and stocks lying with
third parties, has been physically verified by the management during
the period. In our opinion, the frequency of such verification is
reasonable. For major portion stocks lying with third parties at the
period-end, written confirmations have been obtained.
(b) The procedures for the physical verification of inventories
followed by the management are reasonable and generally adequate in
relation to the size of the Company and the nature of its business.
(c) In relation to the maintenance of inventory records, during the
current period, the Company has initiated certain corrective steps
including implementation of an ERP system, introduction of perpetual
inventory system, etc., and is in the process of further strengthening
the documentation and controls regarding recording and usage of
rejections and consumption of materials. Discrepancies noted on
verification between the physical stocks and book records were not
material and have been accounted as consumption in the books.
3. The Company has neither granted nor taken any loans, secured or
unsecured, to or from companies, firms or other parties covered in the
register maintained under Section 301 of the Companies Act, 1956.
4. In our opinion and according to the information and explanations
given to us, and having regard to the explanation that purchases of
certain items of inventories are for the Company''s specialised
requirements and similarly certain goods sold or services rendered are
for the specialised requirements of the buyers and suitable alternative
sources are not available to obtain comparable quotations, there is an
adequate internal control system commensurate with the size of the
Company and the nature of its business with regard to purchase of
inventories and fixed assets and with regard to the sale of goods and
services. In our opinion and according to the information and
explanations given to us, further to the corrective action initiated to
the matter referred to in note 38 to the financial statements, there is
no continuing failure to correct major weaknesses in internal control
system.
5. In our opinion and according to the information and explanations
given to us, there are no contracts and arrangements, the particulars
of which need to be entered into the register maintained under Section
301 of the Companies Act, 1956.
6. The Company has not accepted any deposits from the public.
7. In our opinion, the Company has an internal audit system
commensurate with the size and nature of its business.
8. We have broadly reviewed the books of account maintained by the
Company pursuant to the Rules made by the Central Government for the
maintenance of cost records under Section 209 (1) (d) of the Companies
Act, 1956 and having regard to the comments in paragraph 2 (c) above,
we are of the opinion that prima facie the prescribed accounts and
records have been made and maintained. However, we have not made a
detailed examination of the records.
9. (a) According to the information and explanations given to us and
on the basis of our examination of the records of the company, amounts
deducted/accrued in the books of account in respect of undisputed
statutory dues including Provident Fund, Employees'' State Insurance,
Income-tax, Sales-tax, Wealth tax, Service tax, Customs duty, Excise
duty and other material statutory dues have been generally regularly
deposited during the year by the Company with the appropriate
authorities. As explained to us, the Company did not have any dues on
account of Investor Education and Protection Fund. According to the
information and explanations given to us, no undisputed amounts payable
in respect of Provident Fund, Employees'' State Insurance, Income tax,
Sales tax, Wealth tax, Service tax, Customs duty, Excise duty and other
material statutory dues were in arrears as at March 31, 2013 for a
period of more than six months from the date they became payable.
(b) According to the information and explanations given to us, the dues
set out in Appendix I in respect of Income tax, Excise duty, Service
tax, and Sales tax have not been deposited by the Company on account of
disputes.
10. The Company''s accumulated losses at the end of the financial year
have exceeded 50% of its net worth. The Company has incurred cash
losses in the current financial year and in the preceding financial
year.
11. In our opinion and according to the information and explanations
given to us, the Company has not defaulted in repayment of dues to its
bankers or to any financial institutions. The Company did not have any
outstanding debentures during the year.
12. The Company has not granted any loans and advances on the basis of
security by way of pledge of shares, debentures and other securities.
13. In our opinion and according to the information and explanations
given to us, the Company is not a chit fund or a nidhi / mutual benefit
fund / society.
14. According to the information and explanations given to us, the
Company is not dealing or trading in shares, securities, debentures and
other investments.
15. According to the information and explanations given to us, the
Company has not given any guarantee for loans taken by others from
banks or financial institutions.
16. In our opinion and according to the information and explanations
given to us, the term loans taken by the Company have been applied for
the purpose for which they were raised.
17. In our opinion and according to the information and explanation
given to us and on an overall examination of the financial statements
of the Company, funds raised on short-term basis have, prima facie not
been used for long-term investment.
18. The Company has not made any preferential allotment of shares to
companies / firms / parties covered in the register maintained under
Section 301 of the Companies Act, 1956.
19. According to the information and explanations given to us, the
Company has not issued any debentures.
20. The Company has raised money by way of public issue (Rights Issue)
during the earlier year as defined under SEBI (Issue of Capital and
Disclosure Requirements) Regulations, 2009. We have verified the end-
use of such money as applicable during the period and disclosed by the
Company in the notes to the financial statements.
21. According to the information and explanations/ confirmations given
to us, no material fraud on or by the Company has been noticed or
reported during the period.
for B S R and Company
Chartered Accountants
Firm Registration No.: 128900W
S Sethuraman
Chennai Partner
May 11, 2013 Membership No: 203491
Mar 31, 2011
1. We have audited the atached Balance Sheet of Hinduja Foundries
Limited ("the Company") as at March 31, 2011, the Profit and Loss
account and the Cash Flow statement for the year ended on that date
annexed thereto. These financial statements are the responsibility of
the Company's management. Our responsibility is to express an opinion
on these financial statements based on our audit.
2. We conducted our audit in accordance with auditng standards
generally accepted in India. Those Standards require that we plan and
perform the audit to obtain reasonable assurance about whether the
financial statements are free of material misstatement. An audit
includes examining, on a test basis, evidence supportng the amounts and
disclosures in the financial statements. An audit also includes
assessing the accountng principles used and significant estmates made by
management, as well as evaluatng the overall financial statement
presentaton. We believe that our audit provides a reasonable basis for
our opinion.
3. As required by the Companies (Auditor's Report) Order, 2003, issued
by the Central Government of India in terms of sub-secton (4A) of
Secton 227 of the Companies Act, 1956, ("the Act") we enclose in the
Annexure a statement on the maters specifed in paragraphs 4 and 5 of
the said Order.
4. Further to our comments in the Annexure referred to above, we
report that:
a. we have obtained all the informaton and explanatons, which to the
best of our knowledge and belief, were necessary for the purpose of our
audit;
b. in our opinion, proper books of account as required by law have
been kept by the Company, so far as appears from our examinaton of the
books of account;
c. the Balance Sheet, Profit and Loss account and Cash Flow statement
dealt with by this report are in agreement with the books of account;
d. in our opinion, the Balance Sheet, Profit and Loss account and Cash
Flow statement dealt with by this report comply with the accountng
standards referred to in sub-secton (3C) of Secton 211 of the Companies
Act, 1956;
e. on the basis of writen representatons received from the directors
as on March 31, 2011 and taken on record by the Board of Directors, we
report that none of the directors is disqualifed as on March 31, 2011
from being appointed as director in terms of clause (g) of sub-secton
(1) of Secton 274 of the Act; and
5. In our opinion and to the best of our informaton and according to
the explanatons given to us, the said accounts give the informaton
required by the Act in the manner so required and give a true and fair
view, in conformity with the accountng principles generally accepted in
India:
i. in the case of the Balance Sheet, of the state of afairs of the
Company as at March 31, 2011;
ii. in the case of the Profit and Loss account, of the Profit of the
Company for the year ended on that date; and
iii. in the case of Cash Flow statement, of the cash flows for the year
ended on that date.
Annexure to the Auditor's Report The Annexure referred to in the
Auditors' Report to the members of Hinduja Foundries Limited ("the
Company") for the year ended March 31, 2011. We report that:
1. (a) The Company has maintained proper records showing full
partculars, including quanttatve details and situaton of fixed assets.
(b) The Company has a regular programme of physical verifcaton of its
fixed assets by which all fixed assets are verifed in a phased manner
over a period of two years. In our opinion, this periodicity of
physical verifcaton is reasonable having regard to the size of the
Company and the nature of its assets. In accordance with this programme
certain fixed assets were verifed during the year and as explained to
us, no material discrepancies were notced on such verifcaton.
(c) Fixed assets disposed of during the year were not substantal, and
therefore, do not afect the going concern assumpton.
2. (a) The inventory, except goods-in-transit and stocks lying with
third partes, has been physically verifed by the management during the
year. In our opinion, the frequency of such verifcaton is reasonable.
For stocks lying with third partes at the year-end, writen confrmatons
have been obtained.
(b) The procedures for the physical verifcaton of inventories followed
by the management are reasonable and adequate in relaton to the size of
the Company and the nature of its business.
(c) The Company is maintaining proper records of inventory. The
discrepancies notced on verifcaton between the physical stocks and book
records were not material and the same have been properly dealt with in
the books of accounts.
3. The Company has neither granted nor taken any loans, secured or
unsecured, to or from companies, frms or other partes covered in the
register maintained under secton 301 of the Companies Act, 1956.
4. In our opinion and according to the informaton and explanatons
given to us, and having regard to the explanaton that purchases of
certain items of inventories are for the Company's specialised
requirements and similarly certain goods sold or services rendered are
for the specialised requirements of the buyers and suitable alternatve
sources are not available to obtain comparable quotatons, there is an
adequate internal control system commensurate with the size of the
Company and the nature of its business with regard to purchase of
inventories and fixed assets and with regard to the sale of goods and
services. We have not observed any major weakness in the internal
control system during the course of the audit.
5. (a) In our opinion and according to the informaton and explanatons
given to us, the partculars of contracts or arrangements referred to in
secton 301 of the Companies Act, 1956 have been entered in the register
required to be maintained under that secton.
(b) In our opinion, and according to the informaton and explanatons
given to us, the transactons made in pursuance of contracts and
arrangements referred to in (a) above does not exceed the value of Rs 5
lakh with any party during the year.
6. The Company has not accepted any deposits from the public.
7. In our opinion, the Company has an internal audit system
commensurate with the size and nature of its business.
8. The Central Government has not prescribed the maintenance of cost
records under secton 209(1)(d) of the Companies Act, 1956 for any of
the products manufactured/services rendered by the Company.
9. (a) According to the informaton and explanatons given to us and on
the basis of our examinaton of the records of the company, amounts
deducted/accrued in the books of account in respect of undisputed
statutory dues including Provident Fund, Employees' State Insurance,
Income-tax, Sales-tax, Wealth tax, Service tax, Customs duty, Excise
duty and other material statutory dues have been generally regularly
deposited during the year by the Company with the appropriate
authorites. As explained to us, the Company did not have any dues on
account of Investor Educaton and Protecton Fund. There were no dues on
account of cess under secton 441A of the Companies Act, 1956 since the
aforesaid secton has not yet been made efectve by the Central
Government.
According to the informaton and explanatons given to us, no undisputed
amounts payable in respect of Provident Fund, Employees' State
Insurance, Income tax, Sales tax, Wealth tax, Service tax, Customs
duty, Excise duty and other material statutory dues were in arrears as
at March 31, 2011 for a period of more than six months from the date
they became payable.
(b) According to the informaton and explanatons given to us, the dues
set out in Appendix I in respect of Excise duty, Service tax, and Sales
tax have not been deposited by the Company on account of disputes.
10. The Company does not have any accumulated losses at the end of the
financial year and has not incurred cash losses in the financial year and
in the immediately preceding financial year.
11. In our opinion and according to the informaton and explanatons
given to us, the Company has not defaulted in repayment of dues to its
bankers or to any financial insttutons. The Company did not have any
outstanding debenture during the year.
12. The Company has not granted any loans and advances on the basis of
security by way of pledge of shares, debentures and other securites.
13. In our opinion and according to the informaton and explanatons
given to us, the Company is not a chit fund or a nidhi / mutual benefit
fund / society.
14. According to the informaton and explanatons given to us, the
Company is not dealing or trading in shares, securites, debentures and
other investments.
15. According to the informaton and explanatons given to us, the
Company has not given any guarantee for loans taken by others from
banks or financial insttutons.
16. In our opinion and according to the informaton and explanatons
given to us, the term loans taken by the Company have been applied for
the purpose for which they were raised.
17. According to the informaton and explanatons given to us and on an
overall examinaton of the balance sheet of the Company, we are of the
opinion that the funds raised on short-term basis have not been used
for long-term investment.
18. The Company has not made any preferental allotment of shares to
companies / frms / partes covered in the register maintained under
Secton 301 of the Companies Act, 1956.
19. According to the informaton and explanatons given to us, the
Company has not issued any debentures.
20. The Company has raised money by way of public issue (Rights Issue)
during the year as defned under SEBI (Disclosure and Investor
Protecton) Guidelines, 2000. We have verifed the end-use of money
raised by such public issue as disclosed in the notes to the financial
statements.
21. According to the informaton and explanatons given to us, no fraud
on or by the Company has been notced or reported during the course of
our audit.
Appendix I as regards to Para 9 (b) of Annexure to the Auditors' Report
Name of
the statute Nature of Amount Period to which the
dues in Rs. Lakhs amount relates
Central Excise
Act, 1944* Excise Duty 83.77 1998-1999
Cenvat Credit
Rules, 2004 Service Tax 14.74 2007-2008
credits
Cenvat Credit
Rules, 2004 Service Tax 153.48 Oct 2008- Sept 2009
credits
Cenvat Credit
Rules, 2004 Service Tax 246.60 Jun 2006 - Sep 2007
credits
Cenvat Credit
Rules, 2004 Service Tax 137.56 Nov 2007 - Sep 2008
credits
Cenvat Credit
Rules, 2004 Excise Duty 4.28 2007-2008
Central Sales
Tax Act, 1956** Sales Tax 41.42 2004-2005
Central Sales
Tax Act, 1956** Sales Tax 5.52 2003-2004
Name of the Statue Forum where dispute is pending
Central Excise Act, 1944* Hon'ble High Court of Madras
Cenvat Credit Rules, 2004 Commissioner of Central Excise
(appeals)
Cenvat Credit Rules, 2004 Customs, Excise and Service Tax
Appellate Tribunal
Cenvat Credit Rules, 2004 Customs, Excise and Service Tax
Appellate Tribunal
Cenvat Credit Rules, 2004 Customs, Excise and Service Tax
Appellate Tribunal
Cenvat Credit Rules, 2004 Commissioner of Central Excise
(appeals)
Central Sales Tax Act, 1956** Appellate Deputy Commissioner
(Commercial Taxes) Ã I
Central Sales Tax Act, 1956** Appellate Deputy Commissioner
(Commercial Taxes) Ã I
* Excludes amount paid under protest of Rs. 61.13 Lakhs
** Excludes amount paid under protest aggregatng to Rs.31.55 Lakhs
for B S R and Company
Chartered Accountants
Firm's Regn. No. 128900W
S Sethuraman
Chennai Partner
Date: May 20, 2011 Membership No. 203491
Mar 31, 2010
1. We have audited the attached Balance Sheet of Hinduja Foundries
Limited as at March 31, 2010, and also the Profit and Loss Account and
the Cash Flow Statement for the year ended on that date annexed
thereto. These financial statements are the responsibility of the
Companys management. Our responsibility is to express an opinion on
these financial statements based on our audit.
2. We conducted our audit in accordance with auditing standards
generally accepted in India. Those Standards require that we plan and
perform the audit to obtain reasonable assurance about whether the
financial statements are free of material misstatement. An audit
includes examining, on a test basis, evidence supporting the amounts
and disclosures in the financial statements. An audit also includes
assessing the accounting principles used and significant estimates made
by management, as well as evaluating the overall financial statement
presentation. We believe that our audit provides a reasonable basis for
our opinion.
3. As required by the Companies (Auditors Report) Order, 2003 (as
amended) issued by the Central Government of India in terms of
sub-section (4A) of Section 227 of the Companies Act, 1956, we enclose
in the Annexure a statement on the matters specified in paragraphs 4
and 5 of the said Order.
4. Further to our comments in the Annexure referred to above, we
report that:
i. We have obtained all the information and explanations, which to the
best of our knowledge and belief were necessary for the purposes of our
audit;
ii. In our opinion, proper books of account as required by law have
been kept by the Company so far as appears from our examination of
those books;
iii. The Balance Sheet, Profit and Loss Account and Cash Flow Statement
dealt with by this report are in agreement with the books of account;
iv. In our opinion, the Balance Sheet, Profit and Loss Account and Cash
Flow Statement dealt with by this report comply with the accounting
standards referred to in sub-section (3C) of section 211 of the
Companies Act, 1956;
v. On thebasisofthe written representations received from the
Directors, as on March 31, 2010 and taken on record by the Board of
Directors, we report that none of the Directors is disqualified as on
March 31, 2010 from being appointed as a director in terms of clause
(g) of sub-section (1) of section 274 of the Companies Act, 1956;
vi. In our opinion and to the best of our information and according to
the explanations given to us, the said accountsgivethe information
required by the Companies Act, 1956, in the manner so required and give
a true and fair view in conformity with the accounting principles
generally accepted in India;
(i) in the case of the Balance Sheet, of the state of affairs of the
Company as at March 31, 2010;
(ii) in the case of the Profit and Loss Account, of the profit for the
year ended on that date; and
(iii) in the case of Cash Flow Statement, of the cash flows for the
year ended on that date.
Annexure referred to in paragraph 3 of our report of even date to the
Members of Hinduja Foundries Limited for the year ended March 31, 2010
(i) (a) The Company has maintained proper records showing full
particulars, including quantitative details and situation of fixed
assets.
(b) All fixed assets have not been physically verified by the
management during the year but there is a regular programme of
verification which, in our opinion, is reasonable having regard to the
size of the Company and the nature of its assets. As informed, no
material discrepancies were noticed on such verification.
(c) The fixed assets disposed off during the year, in our opinion, do
not constitute a substantial part of the fixed assets of the Company
and such disposal has, in our opinion, not affected the going concern
status of the Company.
(ii) (a) The management has conducted physical verification of
inventory at reasonable intervals during the year.
(b) The procedures of physical verification of inventory followed by
the management are reasonable and adequate in relation to the size of
the Company and the nature of its business.
(c) The Company is maintaining proper records of inventory and no
material discrepancies were noticed on physical verification.
(iii) (a) As informed, the Company has not granted any loans, secured
or unsecured to companies, firms or other parties covered in the
register maintained under Section 301 of the Companies Act, 1956.
Therefore, the provisions of clause 4 (iii) (b) to (d) of the Companies
(Auditors Report) Order, 2003 (as amended) are not applicable to the
Company.
(b) As informed, the Company has not taken any loans, secured or
unsecured from companies, firms or other parties covered in the
register maintained under Section 301 of the Companies Act, 1956.
Therefore, the provisions of clause 4 (iii) (f) and (g) of the
Companies (Auditors Report) Order, 2003 (as amended) are not
applicable to the Company.
(iv) In our opinion and according to the information and explanations
given to us, there is an adequate internal control system commensurate
with the size of the Company and the nature of its business, for the
purchase of inventory and fixed assets and for the sale of goods and
services. During the course of our audit, no major weakness has been
noticed in the internal control system in respect of these areas.
During the course of our audit, we have not observed any continuing
failure to correct major weakness in internal control system of the
company.
(v) According to the information and explanations provided by the
management, we are of the opinion that there are no contracts or
arrangements that need to be entered into the register maintained under
Section 301 during the year.
(vi) The Company has not accepted any deposits from the public.
(vii) In our opinion, the Company has an internal audit system
commensurate with the size and nature of its business.
(viii) To the best of our knowledge and as explained, the Central
Government has not prescribed maintenance of cost records under clause
(d) of sub-Section (1) of Section 209 of the Companies Act, 1956 for
the products of the Company.
(ix) (a) The Company is regular in depositing with appropriate
authorities undisputed statutory dues including provident fund,
investor education and protection fund, employees state insurance,
income-tax, sales-tax, wealth-tax, service tax, customs duty, excise
duty, cess and other material statutory dues applicable to it.
(b) According to the information and explanations given to us, no
undisputed amounts payable in respect of provident fund, investor
education and protection fund, employees state insurance, income-tax,
value added tax, wealth-tax, service tax, customs duty, excise duty,
cess and other undisputed statutory dues were outstanding, at the year
end, for a period of more than six months from the date they became
payable.
(c) According to the records of the Company, the dues outstanding of
income-tax, sales-tax, wealth- tax, service tax, income-tax, customs
duty, wealth-tax, excise duty and cess on account of any dispute, are
as follows:
Name of the
statute Nature of dues Amount Period to which
the amount
(Rs.inLakhs) relates
Central Excise
Act, 1944 Excise duty
including 22.64 1998-99
penalty*
Cenvat Credit
Rules, 2004 Service tax credit 14.74 2007-08
Cenvat Credit
Rules, 2004 Service tax credit 153.48 October 2008 to
September 2009
Cenvat Credit
Rules, 2004 Service tax
credit *** 384.47 June 2006 to
September 2007
Central Sales
Tax Act, 1956 Sales tax# 15.40 2003-04 and 2004-05
Income Tax
Act, 1961 Income tax 67.70 2007-08
Name of the Statue Forum where dispute is pending
Central Excise
Act, 1944 Honble High Court of Madras
Cenvat Credit Rules, 2004 ** Refer note below
Cenvat Credit Rules, 2004 **Refer note below
Cenvat Credit Rules, 2004 Customs, Excise and Service Tax
Appellate Tribunal
Central Sales Tax Act, 1956 Appellate Deputy Commissioner
Income Tax Act, 1961 Commissioner of Income Tax
(Appeals)
* Net of Rs 61.13 lakhs being deposit paid under protest.
** Appeal yet to be filed as the time limit for filing the appeal has
not elapsed.
*** The Company has obtained a stay from Customs Excise and Service Tax
Tribunal.
# Net of Rs 31.55 lakhs being deposit paid under protest.
(x) The Company has no accumulated losses at the end of the financial
year and it has not incurred cash losses in the current and immediately
preceding financial year.
(xi) Based on our audit procedures and as per the information and
explanations given by the management, we are of the opinion that the
Company has not defaulted in repayment of dues to financial
institutions and banks. The Company has not issued any debentures.
(xii) According to the information and explanations given to us and
based on the documents and records produced to us, the Company has not
granted loans and advances on the basis of security by way of pledge of
shares, debentures and other securities.
(xiii) In our opinion, the Company is not a chit fund or a nidhi /
mutual benefit fund / society. Therefore, the provisions of clause
4(xiii) of the Companies (Auditors Report) Order, 2003 (as amended)
are not applicable to the Company.
(xiv) In our opinion, the Company is not dealing in or trading in
shares, securities, debentures and other investments. Accordingly, the
provisions of clause 4(xiv) of the Companies (Auditors Report) Order,
2003 (as amended) are not applicable to the Company.
(xv) According to the information and explanations given to us, the
Company has not given any guarantee for loans taken by others from bank
or financial institutions.
(xvi) Based on information and explanations given to us by the
management, term loans were applied for the purpose for which the loans
were obtained.
(xvii) According to the information and explanations given to us and on
an overall examination of the balance sheet of the Company, we report
that no funds raised on short term basis have been used for long term
investment.
(xviii) The Company has not made any preferential allotment of shares
to parties or companies covered in the register maintained under
Section 301 of the Companies Act, 1956.
(xix) According to the information and explanations given to us, the
Company has not issued any debentures.
(xx) The Company has not raised any money by public issues during the
year as defined under SEBI (Disclosure and Investor Protection)
Guidelines, 2000. However, as described in detail in Note No 3.2 to the
financial statements, the Company is in the process of completing a
Rights Issue.
(xxi) Based upon the audit procedures performed for the purpose of
reporting the true and fair view of the financial statements and as per
the information and explanations given by the management, we report
that no fraud on or by the Company has been noticed or reported during
the year.
As per our report of date
For Fraser & Ross For S.R.Batliboi & Associates
Chartered Accountants Chartered Accountants
Firms Regn No:000829S Firms Regn No:101049W
Bhavani Balasubramanian S Balasubrahmanyam
Partner Partner
Membership No.022156 Membership No. 053315
Chennai
April 30, 2010
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