Mar 31, 2015
We have audited the accompanying standalone financial statements of
Kailash Auto Finance Limited ('the Company'), which comprise the
Balance Sheet as at 31st March, 2015, the Statement of Profit and Loss,
the Cash Flow Statement for the year then ended, and a summary of
significant accounting policies and other explanatory information.
Management's Responsibility for the Standalone Financial Statements
The Company's Board of Directors are responsible for the matters stated
in section 134 (5) of the Companies Act, 2013 ("the Act") with respect
to the preparation of these standalone financial statements that give a
true and fair view of the financial position, financial performance and
cash flow of the company in accordance with the accounting policies
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 provision
of the Act for safeguarding of 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 prudence ; and design, implementation
and maintenance of adequate internal financial controls, that are
operating effectively for ensuring the adequacy 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 standalone
financial statements based on our audit.
We have taken into accounts 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 rules made
thereunder.
We have 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 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 auditor consider 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 control system over financial reporting and the operating
effectiveness of such control. An audit also includes evaluating the
appropriateness of the accounting policies used and the reasonableness
of the accounting estimates made by 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 standalone
financial statements.
Opinion
In our opinion and to the best of our information and according to the
explanations given to us, the aforesaid standalone 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 31st March, 2015, its profit or loss and its cash flows for the year
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, to the extent applicable.
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
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 it appears from our examination of
those books;
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 aforesaid standalone 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 written representations received from the directors
as on 31st March, 2015, taken on record by the Board of Directors, none
of the directors is disqualified as on 31st March, 2015, 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
Reports 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 explanation given to us:
i. The Company has disclosed the impact of pending litigation on its
financial position in its financial statements - refer Note 23 of the
financial statement.
ii. The Company did not have any long term contracts including
derivatives contracts for which there were any material foreseeable
losses.
iii. There were no amounts which were required to be transferred to the
Investor Education and Protection Fund by the Company
ANNEXURE TO INDEPENDENT AUDITORS' REPORT
With reference to the Annexure referred to in paragraph 1 in Report on
Other Legal & Regulatory Requirements of the Independent Auditors
Report to the members of the Company on the standalone financial
statements for the year ended 31 March 2015, we report that:
i. a The company has maintained proper records showing full particulars,
including quantitative details and situation of the fixed assets.
b The company has a regular programme of the physical verification of
its fixed assets by which all fixed assets are verified in the phased
manner. In our opinion, this periodicity of physical verification in
reasonable having regard to the size of the company and the nature of
its assets. According to the information and explanation given to us,
no material discrepancies were noticed on such verification.
ii. a The inventories have been physically verified by the management
during the year. In our opinion, the frequency of such verification is
reasonable.
b The procedures for the physical verification of inventories 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 inventories. There was
no material discrepancies noticed on verification between the physical
stock and the book records.
iii. The Company has not granted any loans secured or unsecured, to
companies, firms or other parties covered in the Register maintained
under section 189 of the Companies Act , 2013
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 the 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.
v. According to the information and explanations given to us, the
company has not accepted any deposits from the public during the year
and accordingly the question of complying with section 73 and 76 of the
Companies Act 2013 does not arise.
vi. The Central Government has not prescribed the maintenance of cost
records under section 148(1) of the Act for the Company.
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, Duty of excise, Value
added tax and any other material statutory dues have been generally
regularly deposited during the year by the company with the appropriate
authorities.
b According to the information and explanations given to us, the dues of
Income- tax, sales tax, Wealth tax, Service tax, Duty of customs, Duty
of excise, Value added Tax and any other material statutory dues which
were not deposited on account of any disputes are as follows
1 . Interest Tax:
Assessment Year 1998-99, 1999-2000 and 2000-2001 cases are pending
before Allahabad High Court by the Income Tax Department against the
order of ITAT where in it is held that the Finance Charges on Hire
Purchase is not interest but a profit.
2. Income Tax:
a. Assessment Year 2001 -2002 and 2002-2003 are pending before
Allahabad High Court (by the Deptt.) against the order of the ITAT
wherein depreciation is allowed at the rate of 40% on leased vehicles.
b. Assessment Year 1996-1997 is pending before Allahabad High Court
against the penalty order passed by the ITAT.
c. Assessment Year 2004-05: Case is pending before ITAT (u/s 254) and
before High Court against the legal ground that case cannot be opened
u/s 148 before completion of 12 months in which return of income was
originally filed.
d. Assessment Year 2006-07: Case is pending before CIT (Appeals)
Kanpur against the order of the Assessing Officer.
e. Assessment Year 2007-08: Case is pending for assessment before DCIT
- 6 Kanpur.
f. Assessment Year 1 995-96: We have filed a Writ Petition before
Lucknow High Court under the KAR VIVAD SAMADHAN SCHEME and matter is
pending before Lucknow High Court.
g. Assessment Year 1992-93: Application is pending for appeal effect
to be given before the Assessing Officer.
The quantification of above liabilities has not been done on account of
cases pending before the authority.
3. Legal Cases:
a. Disputed Case of Bhubaneswar Branch for recovery of Rs. 4.45/- Lacs
deposited in court.
b. Disputed Case of Citi Corp for recovery of Rs. 3.04/- Lacs of Alwar
Branch.
c. Disputed Case liabilities of Rs 3.08/- Lacs repayable if claimed by
the customer
c According to the information and explanations given to us there was
no amount which were required to be transferred to the Investor
Education and Protection Fund in accordance with the relevant
provisions of the companies Act, 1956 and rules framed there under.
viii. The company has accumulated losses of Rs. 204.29 lacs at the end
of the financial year and has not incurred cash losses in the financial
year covered by our Audit and in the immediately preceding financial
year.
ix. In our opinion and according to the information and explanations
given to us, the company does not have any outstanding dues to any bank
or financial institution or debenture holders.
x. In our opinion and 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. According to the information and explanations given to us the
Company has not taken any term loan during the year.
xii. According to the information and explanations given to us, no
material fraud on or by the Company has been noticed or reported during
the year.
For Anil Agrawal
Chartered Accountants
Anil Agrawal
Proprietor
Membership No: 79054
Place: Mumbai
Date: May 30, 2015
Mar 31, 2012
We have audited the accompanying Balance Sheet of Messer's Kailash Auto
Finance Limited, Kanpur as at 31st March' 2012 and the Profit and Loss
Account for the year ended on that date, annexed thereto and the cash
flow statement for the period ended on that date. 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 audits.
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 also 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 the management, as well as evaluating the overall financial
statement presentation. We believe that our audit provides a reasonable
basis for our opinion.
1) As required by the Companies (Auditor's Report) Order, 2003 issued
by the Central Government of India in terms of Section-227(4A) of the
Companies Act, 1956. We annex hereto a statement on the matters
specified in paragraph 4 of the said order, to the extent applicable to
the company.
2) There has been change in the management control of the company by
purchase of 2616517 nos shares of the company i.e. 68.74% of the issued
capital of the company by M/s Padma Impex Pvt. Ltd. vide order of the
Hon'ble Bombay High Court in arbitration petition no. 304 of 2011 dated
22-02-2012. Further, the company has transferred all its old
outstanding debit & credit balances including all contingent
liabilities (except statutory taxes) at book value to one of its sister
concern namely M/s Kailash Motors Finance Pvt. Ltd. Jabalpur vide
assignment deed executed on 13-02-2012.
3) The physical existence and the valuation of repossessed stock and
documentation of repossessed stocks sold and/or refinanced during the
year is based on the management certificate. We could not physically
verify the same since located in far off places.
4) The provision for gratuity and leave encashment has been done on
estimated basis and not as per Actuarial valuation required as per
accounting standard 15 issued by ICAI. Therefore in light of the above,
correctness of provision cannot be commented upon.
5) On account of expired lease asset and non availability of
information regarding terms of lease and stock on lease , the
compliance with accounting standard 19 on leases issued by ICAI could
not be commented upon.
6) As we are not able to visit branches of the company as they are
located at far off places, we have relied upon the information
submitted by the branches and accounts maintained at H.O. at Jabalpur
and certified by the management.
7) Subject to our comments in Para - 2, 3, 4, 5, & 6 above :-
(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 accounts as required by law have
been kept by the company so far as appears from our examination of
those books.
(c) The Balance Sheet and Profit & Loss Account and the Cash Flow
Statement dealt with by. this report are in agreement with the books of
accounts.
(d) In our opinion, the Balance Sheet and Profit and Loss Account and
the Cash Flow Statement dealt with by this report comply with the
Accounting Standard referred to in Sub-section-(3C) of Section-211 of
the Companies Act. 1956.
(e) On the basis of the written representation received from the
Directors, and taken on record by the Board of Directors of the
Company, we report that none of the directors is disqualified as on
31st March, 2012 from being appointed as a director in terms of clause
(g) of Sub Sec-(1) of Sec-274 of the Companies Act, 1956.
(f) In our opinion and to the best of our information and recording to
the explanations given to us the said accounts read with the notes
thereon given 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 Balance Sheet of State of Affairs of the Company as
at 31.03.2012.
(ii) In the case of Profit & Loss Account of the 'LOSS' for the year
ended on that date; and
(iii) In the case of cash flow statement of the cash flow for the year
ended on that date.
ANNEXURE TO THE AUDITORS REPORT REFERRED TO IN PARAGRAPH-1 OF OUR
REPORT OF EVEN DATE.
(i) (a) The Company is maintaining proper records showing full
particulars including quantitative details and situation of fixed
assets, except in respect of lease assets, however there exist Nil
fixed assets as on 31-03-2012.
(b) The fixed assets of the company other than lease assets are
physically verified by the management at the end of the year. To the
best of our knowledge no material discrepancies were noticed on such
physical verification as compared with the book records, however there
exist Nil fixed assets as on 31-03-2012
(c) During the year, the company has disposed no assets
(ii) (a) The repossessed stocks has been physically verified by the
management at the end of the year. In our opinion, the frequency of
verification is reasonable; however the repossessed stock had been
assigned during the year to M/s Kailash Motors finance Pvt. Ltd.
Jabalpur vide assignment deed dated 13-02-2012.
(b) The procedures of physical verification of repossessed stock
followed by the management are reasonable and adequate in relation to
the size of the company and nature of its business;
(c) The company is maintaining proper records of repossessed stocks. To
the best of our knowledge no material discrepancies were noticed on
such verification between the physical stocks and the book records ;
(iii) (a) The company had granted no unsecured loans/advances during
the year to companies, firm or other parties covered in the register
maintained U/s-301 of the Companies Act, 1956,
(b) In our opinion, the rate of interest and other terms and conditions
on which loans have been granted to companies, firms or other parties
listed in the register maintained U/s-301 of the Companies Act, 1956
are not, prima facie, prejudicial to the interest of the Company.
(c) As per the information made available to us, the aforesaid loans
granted by the company are repayable on demand and no such demand has
been made during the year.
(d) There is no overdue amount more than rupees one lacs in respect of
the aforesaid loans (please refer to Point-iii) (c) above);
(iv) (a) The company had taken unsecured loans/advances during the year
from companies, firm or other parties covered in the register
maintained U/s-301 of the Companies Act, 1956, the details required are
given hereunder
Particulars
No. of Parties involved 3
Total Transactions Net (Rs. in Lacs) 141.14
Closing Balance (Rs. in Lacs) 170.55
(b) In our opinion the rate of interest and other terms and conditions
on which loans have been taken from companies, firms or other parties
listed in the register maintained U/s-301 of the Companies Act, 1956
are not prima facie prejudicial to the interest of the company ;
(c) As per the information made available to us the aforesaid loans
taken by the company are repayable on demand and no such demand has
been made during the year;
(d) There is no overdue amount more than Rupees One Lac in respect of
the aforesaid loans (Please refer to Point-iv (c) above);
(v) In our opinion and according to the information and explanations
given to us, there are adequate internal control system commensurate
with the size of the company and the nature of its business with regard
to purchase of fixed assets, and with regard to the sale of goods and
services. During the course of our audit, we have not observed any
continuing failure to correct major weaknesses in internal control;
(vi) (a) According to the information and explanations given to us by
the company, we are of the opinion that the particulars of contracts or
arrangements referred to in Sec-301 that need to be entered into the
register maintained U/s-301 of the Companies Act, 1956 have been so
entered ;
(b) In our opinion and according to the information and explanations
given to us, there are no transactions (excluding loans referred under
Para-(iii) above) made in pursuance of contracts or arrangements
entered in the register maintained U/s-301 of the Companies Act, 1956,
exceeding the value of rupees five lacs in respect of any party during
the year;
(vii) In the case of public deposit received by the company the
directives issued by the Reserve Bank of India and the provisions of
Sections-58AA and other relevant provisions of the Companies Act, 1956
and the Companies (Acceptance of Deposits) Rules, 1975 have been
complied with except for delay in filing of returns and as per
information made available to us no order has been passed by the
Company law Board or National Company Law Tribunal or RBI or any court
of any other Tribunal with regard to the deposits;
(viii) The company has an Internal Audit System commensurate with the
size and nature of its business which should be strengthened in respect
of reporting and action thereon ;
(ix) The company is in the business of financing and hence maintenance
of cost records under Clause-(d) of sub-section-(1) of Section-209 of
the Companies Act, 1956 is not applicable;
(x) (a) According to the records, information and explanations given to
us, the company is not regular in depositing with appropriate
authorities undisputed amount of provident fund, investor education and
protection fund, employees state insurance, income tax, sales tax,
wealth tax, service tax, custom duty, excise duty, cess and other
statutory dues applicable to it and no undisputed amounts payable were
outstanding as at 31st March, 2012, for a period of more than six
months from the date they become payable.
(b) According to the records of the company, dues in respect of income
tax, wealth tax, sales tax, custom duty and excise duty, cess, which
have not been deposited on account of any dispute are as under
1. INTEREST TAX:
Assessment Year 1998-99, 1999-2000 and 2000-2001 cases are pending
before Allahabad High Court by the Income tax Department against the
order of ITAT where in it is held that the Finance Charges on Hire
Purchase is not interest but a profit.
2. INCOME TAX:
a. Assessment Year 2001-2002 and 2002-2003 are pending before Allahabad
High Court (by the Deptt.) against the order of the ITAT wherein
depreciation is allowed at the rate of 40% on leased vehicles.
b. Assessment Year 1996-1997 is pending before Allahabad High Court
against the penalty order passed by the ITAT.
c. Assessment Year 2004-05: Case is pending before ITAT(u/s 254) and
before High Court against the legal ground that case can not be opened
u/s 148 before completion of 12 month time from the month in which
return of income was originally filed.
d. Assessment Year 2006-07: Case is pending before CIT (Appeals) kanpur
against the order of the Assessing Officer.
e. Assessment Year 2007-08: Case is pending for assessment before DCIT-
6 kanpur.
f. Assessment Year 1995-96: We have filed a Writ Petition before
Lucknow High Court under the KAR VIVAD SAMADHAN SCHEME and matter is
pending before Lucknow High Court.
g. Assessment Year 1992-93: Application is pending for appeal effect to
be given before the Assessing Officer . The quantification of above
liabilities has not been done on account of cases pending before the
authority.
3. LEGAL CASES
a. Disputed Case of Bhubaneswar Branch for recovery of Rs. 4.45/-
Lacs deposited in court
b. Disputed Case of Citi Corp for recovery of Rs. 3.04/- Lacs of Alwar
Branch
c. Disputed Case liabilities of Rs. 3.08/- lacs repayable if claimed
by the customer.
(xi) The accumulated losses at the end of the year of the company are
more than fifty percent of its net worth and the company has incurred
cash losses in the current financial year and there was no cash loss in
immediately preceding financial year;
(xii) The company has not defaulted in repayment of dues to Financial
Institutions, Banks or Debenture holders.
(xiii) The company has not granted any loans or advances on the basis
of security by way of pledge of shares, debentures and other
securities;
(xiv) In our opinion, the company is not a chit fund, nidhi or mutual
benefit fund/societies. Therefore, the provisions of the Clause-4
(xiii) of the Companies (Auditors' Report) Order, 2003 are not
applicable to the Company;
(xv) In our opinion, the company is not dealing or trading in shares,
securities, debentures and other investments. In respect of investment
in shares, the same has been transferred to M/s Kailash Motors Finance
Pvt. Ltd. Jabalpur on its book value during the year.
(xvi) In our opinion and according to the information and explanations
given to us, the company has not given any guarantee for loans taken by
others from banks and financial institutions;
(xvii) The company has not taken any term loan during the year
accordingly the provisions of para 4 (xvi) of the Companies (Auditors'
Report) Order 2003 are not applicable to the Company.
(xviii) According to the information and explanations given to us and
on the basis of an overall examination of the balance sheet of the
company, in our opinion, there are no funds raised on a short-term
basis which have been used for long-term investment, and vice-versa;
(xix) The company has not made any preferential allotment of shares to
parties and companies covered in the register maintained U/s-301 of the
Act during the year;
(xx) The company has not issued any debentures, hence the provisions of
Para-4 (xix) of Companies (Auditors' Report) Order, 2003 are not
applicable ;
(xxi) The company has not raised any money by public issue during the
year; however M/s Padma Impex Pvt. Ltd. had purchases 68.74% share of
the company during the year and taken control of the management.
(xxii) During the course of our examination of the books and records of
the Company, carried out in accordance with the generally accepted
auditing practices in India, and according to the information and
explanations given to us, no fraud on or by the Company has been
noticed or reported during the year by the Company;
For Anil Agrawal
Chartered Accountants
Anil Agrawal
Proprietor
M No. 079054
Place : Jabalpur
Dated : 14-05-2012
Mar 31, 2010
We have audited the accompanying Balance Sheet of Messers Kailash Auto
Finance Limited, Kanpur as at 31st March 2010 and the Profit and Loss
Account for the year ended on that date, annexed thereto and the cash
flow statement for the period ended on that date. These financial
statements are the responsibility of the Companys Management. Our
responsibility is to express an opinion on these financial statements
based on our audits.
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 also 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 the management, as well as evaluating the overall financial
statement presentation. We believe that our audit provides a reasonable
basis for our opinion.
1) As required by the Companies (Auditors Report) Order, 2003 issued
by the Central Government of India in terms of Section-227(4A) of the
Companies Act, 1956. We annex hereto a statement on the matters
specified in paragraph 4 of the said order, to the extent applicable to
the company
2) The physical existence and the valuation of repossessed stock and
documentation of repossessed stocks sold and/or refinanced during the
year is based on the management certificate. We could not physically
verify the same since located in far off places.
3) The provision for gratuity and leave encashment has been done on
estimated basis and not as per Actuarial valuation required as per
accounting standard 15 issued by ICAI. Therefore in light of the above,
correctness of provision cannot be commented upon.
4) On account of expired lease asset and non availability of
information regarding terms of lease and stock on lease , the
compliance with accounting standard 19 on leases issued by ICAI could
not be commented upon.
5) As we are not able to visit branches of the company as they are
located at far off places, we have relied upon the information
submitted by the branches and accounts maintained at H.O. at Jabalpur
and certified by the management.
6) Subject to our comments in Para - 2 & 3 above :-
(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 accounts as required by law have
been kept by the company so far as appears from our examination of
those books.
(c) The Balance Sheet and Profit & Loss Account and the Cash Flow
Statement dealt with by this report are in agreement with the books of
accounts.
(d) In our opinion, the Balance Sheet and Profit and Loss Account and
the Cash Flow Statement dealt with by this report comply with the
Accounting Standard referred to in Sub-section-(3C) of Section-211 of
the Companies Act. 1956.
(e) On the basis of the written representation received from the
Directors, and taken on record by the Board of Directors of the
Company, we report that none of the directors is disqualified as on
31st March, 2010 from being appointed as a director in terms of clause
(g) of Sub Sec-(1) of Sec-274 of the Companies Act, 1956
(f) In our opinion and to the best of our information and recording to
the explanations given to us the said accounts read with the notes
thereon given 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"; Ã . .
(i) In the case of Balance Sheet of State of Affairs of the Company as
at 31.03.2010.
(ii) In the case of Profit & Loss Account of the PROFIT for the year
ended on that date; and
(iii) In the case of cash flow statement of the cash flow for the year
ended on that date.
ANNEXURE TO THE AUDITORS REPORT REFERRED TO IN PARAGRAPH-1 OF OUR
REPORT OF EVEN DATE
(i) (a) The Company is maintaining proper records showing full
particulars including quantitative details and situation of fixed
assets, except in respect of lease assets, however there exist Nil
fixed assets as on 31 03 2010
(b) The fixed assets of the company other than lease assets are
physically verified by the management at the end of the year. To the
best of our knowledge no material discrepancies were noticed on such
physical verification as compared with the book records , however there
exist Nil fixed assets as on 31 03.2010; . æ Ã. æ
(c) During the year, the company has disposed all of its lease assets
and vehicles. According to the information and explanations given to
us, we are of the opinion that such sale might affect the going concern
status of the company but the management has planned to induct new
directors who invest fresh funds to maintain the going concern status
of the company.
(ii) (a) The repossessed stocks has been physically verified by the
management at the end of the year in our opinion, the frequency of
verification is reasonable;
(b) The procedures of physical verification of repossessed stock
followed by the management are reasonable and adequate in relation to
the size of the company and nature of its business;
(c) The company is maintaining proper records of repossessed stocks. To
the best of our knowledge no material discrepancies were noticed on
such verification between the physical stocks and the book records ;
(iii) (a) The company had granted no unsecured loans/advances during
the year to companies, firm or other parties covered in the register
maintained U/s-301 of the Companies Act, 1956,
(b) In our opinion, the rate of interest and other terms and conditions
on which loans have been granted to companies, firms or other parties
listed in the register maintained U/s-301 of the Companies Act, 1956
are not, prima facie, prejudicial to the interest of the Company.
(c) As per the information made available to us, the aforesaid loans
granted by the company are repayable on demand and no such demand has
been made during the year.
(d) There is no overdue amount more than rupees one lacs in respect of
the aforesaid loans (please refer to Point-iii) (c) above);
(e) The company had taken unsecured loans/advances during the year from
companies, firm or other parties covered in the register maintained
U/s-301 of the Companies Act, 1956, the details required are given
hereunder
Particulars
No. of Parties involved 12
Total Net Transactions (Rs. in Lacs) 241.45
Closing Balance (Rs. in Lacs) 246.78
(f) In our opinion the rate of interest and other terms and conditions
on which loans have been taken from companies, firms or other parties
listed in the register maintained U/s-301 of the Companies Act, 1956
are not prima facie prejudicial to the interest of the company ;
(g) As per the information made available to us the aforesaid loans
taken by the company are repayable on demand and no such demand has
been made during the year;
(h) There is no overdue amount more than Rupees One Lac in respect of
the aforesaid loans (Please refer to Point-iii (g) above);
(iv) In our opinion and according to the information and explanations
given to us, there are adequate internal control system commensurate
with the size of the company and the nature of its business with regard
to purchase of fixed assets, and with regard to the sale of goods and
services. During the course of our audit, we have not observed any
continuing failure to correct major weaknesses in internal control;
v) (a) According to the information and explanations given to us by the
company, we are of the opinion that the particulars of contracts or
arrangements referred to in Sec-301 that need to be entered into the
register maintained U/s-301 of the Companies Act, 1956 have been so
entered
(b) In our opinion and according to the information and explanations
given to us, there are no transactions (excluding loans referred under
Para-(iii) above) made in pursuance of contracts or arrangements
entered in the register maintained U/s-301 of the Companies Act, 1956,
exceeding the value of rupees five lacs in respect of any party during
the year;
(vi) In the case of public deposit received by the company the
directives issued by the Reserve Bank of India and the provisions of
Sections-58AA and other relevant provisions of the Companies Act, 1956
and the Companies (Acceptance of Deposits) Rules, 1975 have been
complied with except for delay in filing of returns and as per
information made available to us no order has been passed by the
Company law Board or National Company Law Tribunal or RBI or any court
of any other Tribunal with regard to the deposits;
(vii) The company has an Internal Audit System commensurate with the
size and nature of its business which should be strengthened in respect
of reporting and action thereon ;
(viii) The company is in the business of financing and hence
maintenance of cost records under Clause-(d) of sub-section-(l) of
Section-209 of the Companies Act, 1956 is not applicable; *
(ix) , (a)According to the records, information and explanations given
to us, the company is not regular in depositing with appropriate
authorities undisputed amount of provident fund, investor education and
protection fund, employees state insurance, income tax, sales tax,
wealth tax, service tax, custom duty, excise duty, cess and other
statutory dues applicable to it and no undisputed amounts payable were
outstanding as at 31st March, 2010, for a period of more than six
months from the date they become payable, except service tax of Rs.
17,00,219/-, and Professional Tax Rs. 8861/-.
(b) According to the records of the company, dues in respect of income
tax, wealth tax, sales tax, custom duty and excise duty, cess, which
have not been deposited on account of any dispute are as under
1. INTEREST TAX:
Assessment Year 1998-99, 1999-2000 and 2000-2001 cases are pending
before Allahabad High Court by the Income tax Department against the
order of ITAT where in it is held that the Finance Charges on Hire
Purchase is not interest but a profit.
2. INCOME TAX:
a. Assessment Year 2001-2002 and 2002-2003 are pending before Allahabad
High Court (by the Deptt.) against the order of the ITAT wherein
depreciation is allowed at the rate of 40% on leased vehicles.
b. Assessment Year 1996-1997 is pending before Allahabad High Court
against the penalty order passed by the ITAT.
c. Assessment Year 2004-05: Case is pending before ITAT(u/s 254) and
before High Court against the legal ground that case can not be opened
u/s 148 before completion of 12 month time from the month in which
return of income was originally filed.
d. Assessment Year 2006-07: Case is pending before CIT (Appeals) kanpur
against the order of the Assessing Officer.
e. Assessment Year 2007-08: Case is pending for assessment before DCIT-
6 kanpur.
f. Assessment Year 1995-96: We have filed a Writ Petition before
Lucknow High Court under the KAR VIVAD SAMADHAN SCHEME and matter is
pending before Lucknow High Court.
g. Assessment Year 1992-93: Application is pending for appeal effect to
be given before the Assessing Officer . The quantification of above
liabilities has not been done on account of cases pending before the
authority.
3. LEGAL CASES
a. Disputed Case of Bhubaneswar Branch for recovery of Rs 4.45/-Lacs
deposited in court
b. Disputed Case of Citi Corp for recovery of Rs.3.04/-Lacs of Alwar
Branch
c. Disputed Case liabilities of Rs 3.08/-lacs repayable if claimed by
the customer.
(x) The accumulated losses at the end of the year of the company are
more than fifty percent of its net worth and the company has incurred
no cash losses in the current financial year and there was no cash loss
in immediately preceding financial year,
(xi) The company has not defaulted in repayment of dues to Financial
Institutions Banks or Debenture holders
(xii) The company has not granted any loans or 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, nidhi or
mutual benefit fund / societies. Therefore, the provisions of the
Clause-4 (xiii) of the Companies (Auditors Report) Order, 2003 are not
applicable to the Company;
(xiv) In our opinion, the company is not dealing or trading in shares,
securities, debentures and other investments. In respect of investment
in shares, securities the same are held by the company in its own name.
(xv) In our opinion and according to the information and explanations
given to us, the company has not given any guarantee for loans taken by
others from banks and financial institutions;
(xvi) The company has not taken any term loan during the year
accordingly the provisions of para 4 (xvi) of the Companies (Auditors
Report) Order 2003 are not applicable to the Company.
(xvii) According to the information and explanations given to us and on
the basis of an overall examination of the balance sheet of the
company, in our opinion, there are no funds raised on a short-term
basis which have been used for long-term investment, and vice-versa;
(xviii) The company has not made any preferential allotment of shares
to parties and companies covered in the register maintained U/s-301 of
the Act during the year;
(xix) The company has not issued any debentures, hence the provisions
of Para-4 (xix) of Companies (Auditors Report) Order, 2003 are not
applicable;
(xx) The company has not raised any money by public issue during the
year;
(xxi) During the course of our examination of the books and records of
the Company, carried out in accordance with the generally accepted
auditing practices in India, and according to the information and
explanations given to us, no fraud on or by the Company has been
noticed or reported during the year by the Company;
For Anil Agrawal
Chartered Accountants
(Anil Agrawal)
Proprietor
M No. 079054
Place: Jabalpur
Dated: 12-08-2010
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