Mar 31, 2018
1 In the opinion of the Board the current assets, loans and advances are not less than the stated value if realised in ordinary course of business. The provisions for all known liabilities are adequate. There are no contingent liabilities except stated, as informed by the management.
2 The Business of the company falls under a single segment i.e. Manufacturing of Cigarette and Smoking Mixture. In view of the general classification notified by Central Government in exercise of powers conferred u/s 129 of Companies Act, 2013 for companies operating in single segment, the disclosure requirement as per Indian Accounting Standard - 108 on âOperating Segmentâ are not applicable to the company. The companyâs business is mainly concentrated in similar geographical, political and economical conditions; hence disclosure for geographical segment is also not required.
3 Post Employment Benefits
In accordance with the Payment of Gratuity Act, 1972 of India, the Company provides for gratuity, a defined retirement benefit plan (the âGratuity Planâ) covering eligible employees. Liabilities with regard to such Gratuity Plan are determined by actuarial valuation and are charged to revenue in the period determined.
The following tables sets out the status of the benefit plan as per actuarial valuation as on March 31, 2018 and as recognised in the financial statements in respect of employee benefit schemes:
4 In terms of confirmation of sale of assets of New Tobacco Co. Ltd. (In Liquidation) in favour of the Company vide order dated 19th April, 2006 of Calcutta High Court. Conveyance deed of Siliguri Property is yet to be executed for transfer of title in favour of the Company.
5 A suit has been filed against the company in the year 1999 for recovery of â 20,000,000/- along with interest which is still pending before the Honâble High Court, Kolkata. The company disputes the claim of the party and as the matter is sub-judice no provision for interest has been made.
6 In view of the amendment made in the Union Budget 2003 with retrospective effect, the Company is liable to refund excise duty amounting to Rs. 49,238,160/- received/ receivable in terms of notification no.32/99 dated 8th July, 1999 issued by the Central Government, on account of Badarpur unit in Assam. The Company had challenged the amendment in Honâble High Court at Guwahati and subsequently the matter was transferred to Honâble Supreme Court of India. The Honâble Supreme Court vide its order dated 19th September, 2005 has confirmed such retrospective amendment made by the Central Government through its Budget Notification. However, the company was of the view that the amendment was not applicable to it and a clarification / modification petition to that effect was filed and admitted by the Honâble Supreme Court. On 31st October, 2007, the Central Excise Department had passed a fresh adjudication order confirming the demand and in 2008 the company has appealed before the Appellate Tribunal which was brought to the notice of the Honâble Supreme Court. The Honâble Supreme Court disposed off the petition on 25th March, 2008 with a direction that appeal shall be decided by appellate authority on merits and in accordance with law. The appeal filed before the Tribunal was disposed off without relief. The Company moved to Honâble High court at Guwahati but failed to get any relief against the order dated 19.04.2012, the company has again filled the appeal before the Honâble Supreme Court of India. The Honâble Supreme Court of India vide order dated 07.02.2014 set aside the order of the Honâble High court at Guwahati and requested to deal with the questions of law set aside in its previous order. In terms of this the honâble High Court at Guwahati vide its order dated 19.11.2014 remanded the matter to CESTAT at Kolkata for consideration of the matter in accordance of law. The said appeal filed before the CESTAT at Kolkata is allowed vide order dated 03.08.2016 and SCN dated 28.08.2001 and dated 10.09.2001 were set aside.
Further to this the company has accounted for during financial year 2000-01 a sum of Rs. 40,493,280/- as excise duty refund receivable (Badarpur) and a sum of â 21,548,160/- towards excise duty payable (Badarpur) in terms of the above mentioned notification. The reversal effect of the same is given in the books of Account during this year and the balancing figure of Rs, 18,945,120/- has been charged to profit & loss account. The same has been shown as exceptional item in the Statement of Profit & Loss account.
7 The company has during the year under review paid total entry tax due along with upto financial year 2016-17 liability of Rs Rs. 4,56,199/- without waiting for the out come of appeal before the Calcutta High court against the entry tax imposed by state government on the import of input from other states for ease of business.
8 In 2015 a group of minority shareholders had filed a suit against the company in the court of Learned Fourth Civil Judge (Junior Division) at Sealdah, West Bengal and Learned third Civil Judge at Barasat, West Bengal. Since the matter is sub judice in the court, any disclosures given at this moment would be prejudicial to the interest of the company and that of the stakeholders.
9. The Company has adopted Indian Accounting Standard (Ind AS), prescribed under Section 133 of the Companies Act, 2013 read with the relevant rules thereunder, with effect from April 01, 2017, with the transition date of April 01, 2016.
10 The figures of previous year have been reclassified and regrouped wherever considered necessary. The accompanying notes 1 to 43 are an integral part of the Financial Statements
Mar 31, 2016
1. Rights, preferences & restrictions to shares & restrictions on distribution of dividend and repayment of capital
The Company has Issued only data of equity shares, each shareholder a t g*# for one vote per share. Dividend proposed (If any) by frx> Board of Directors, i* subject to the approval of shareholders, except in case of intern dividend. In the event of Liquidation. the shareholders of Ordinary Shares are eligible to receive the remaining assets of the Company after distribution of an the preferential amounts, n proportion to their shareholding.
2. In the opinion of the Board the current assets, loans and advances are not less than the stated value if realized in ordinary course of business. The provisions for all known liabilities are adequate. There are no contingent liabilities except stated, as Informed by the management
3. The Business of the company falls under a single segment i.e. Manufacturing of Cigarette and Smoking Mixture. In view of the general classification notified by Central Government in exercise of powers conferred u/s 129 of Companies Act. 2013 for companies operating in single segment, the disclosure requirement as per Accounting Standard - 17 on "Segment Reporting'' are not applicable to the company, The company''s business Is mainly concentrated In similar geographical, political and economical conditions; hence disclosure for geographical segment is also not required.
4. In terms of confirmation of sale of assets of New Tobacco Co. Ltd. (In Liquidation) In favour of the Company vide order dated 19''" April, 2006 of Calcutta High Court.. Conveyance deed of Siliguri Property is yet to be executed for transfer of title In favour of the Company.
5. A suit has been filed against tho company in the year 1999 for recovery of Rs.20,000,000/- along with interest which is still pending before the Hon''ble High Court, Kolkata. The company disputes the claim of the party and as the matter is sub-judice no provision for interest has been made.
6. In view of the amendment made in the Union Budget 2003 with retrospective effect, the Company is liable to refund excise duty amounting to Rs.49,238,160/- received/ receivable in terms of notification no,32/99 dated 8r July, 1999 issued by the Central Government, on account of Badarpur unit in Assam and interest thereon amounting to Rs. 13,51,65,973 (PY Rs 12,56,93,128/-) up to 31â March, 2016. The Company had challenged the amendment in Hon''ble High Court at Guwahati and subsequently the matter was transferred to Hon''ble Supreme Court of India, The Hon''ble Supreme Court vide its order dated 19,r September, 2005 has confirmed such retrospective amendment made by the Central Government through its Budget Notification. However, the company was of the view that the amendment was not applicable to it and a clarification / modification petition to that effect was filed and admitted by the Hon''ble Supreme Court. On 31October, 2007, the Central Excise Department had passed a fresh adjudication order confirming the demand and the company has appealed before the Appellate Tnbunal which was brought to the notice of the Honâble Supreme Court. The Hon''ble Supreme Court disposed off the petition on 25''h March, 2008 with a direction that appeal shall be decided by appellate authority on merits and in accordance with law. The appeal filed before the Tribunal was disposed of! without relief. The Company moved to Hon''ble High court at Guwahati but failed to get any relief against the order dated 19.04.2012, the company has again filled the appeal before the Hon''ble Supreme Court of India. The Hon''ble Supreme Court of India vide order dated 07.02.2014 set aside the order of the Hon''ble High court at Guwahati and requested to deal with the questions of law set aside in its previous order. In terms of this the Hon''ble I Ugh Court at Guwahati vide its order dated 19.11,2014 remanded the matter to CESTAT at Kolkata for consideration of the matter in accordance of law The said appeal is still pending to be decided. The company is confident to get the full relief as the entire benefit was passed on to the consumer and as such the company does not accept any further liability and no provision is considered necessary based on the expert legal advice. Further to this the company has accounted for during financial year 2000-01 a sum of Rs. 40,493,280/- as excise duty refund receivable (Badarpur) and Rs.21,648,160/- towards excise duty payable (Badarpur) In terms of the above mentioned notification.
7. The company has during the year under review has filed an appeal before the Calcutta High court against the entry tax imposed by state government on the import of input from other states and accordingly not paid the entry tax to the tune of Rs.2,16,626 (P.Y. Rs, 24,757/-) till the date of financial statements. But the same has been provided for in the financial statements,
8. Contingent Liability in previous year includes Assessed VAT of Rs 110.24 lakhs for the Financial Year 2011-12. Company has preferred appeal before the appellate authority against this order. This demand of VAT is due to wrong treatment of the VAT deducted at source by the government contracted from the transferee company at the time of demerger in 2010*11 and wrongly deposited in the name of the company. The said appeal is decided in favour of Company.
9. In the preceding financial year a group of minority shareholders had filed a suit against the company in the court of Learned Fourth Civil Judge (Junior Division) at Sealdah, West Bengal. Since the matter is subjudice In the court, any disclosures given at this moment would be prejudicial to the interest of the company and that of the stakeholders.
Mar 31, 2015
A. Rights, preferences & restrictions to shares & restrictions on
distribution of dividend and repayment of capital
The Company has issued only class of equity shares having p ar v alue
of 10/- per share . Each shareholder is eligible for one vote per
share. Dividend proposed (if any) by the Board of Directors, is subject
to the approval of shareholders, except in case of interim dividend. In
the event of Liquidation, the shareholders of Ordinary Shares are elig
ible to rec eive th e re maining assets of the Company after
distribution of all the preferential amounts, in proportion to their
shareholding.
2.1. In the opinion of the Board the current assets, loans and
advances are not less than the stated value if realised in ordinary
course of business. The provisions for all known liabilities are
adequate. There are no contingent liabilities except stated, as
informed by the management.
2.2. The Business of the company falls under a single segment i.e.
Manufacturing of Cigarette and Smoking Mixture. In view of the general
classification notified by Central Government in exercise of powers
conferred u/s 129 of Companies Act, 2013 for companies operating in
single segment, the disclosure requirement as per Accounting Standard -
17 on "Segment Reporting" are not applicable to the company. The
company's business is mainly concentrated in similar geographical,
political and economical conditions; hence disclosure for geographical
segment is also not required.
* Detail of assets does not include value of part of a building given
on lease since its separate value could not be ascertained from whole
block.
2.3. Post Employment Benefits
a) Defined Contribution Plans: The Company has recognised an expense of
Rs.24,29,349/- (Previous Year Rs. 25,04,661/-) towards the defined
contribution plans.
b) Defined Benefit Plans: As per actuarial valuation as on March
31,2015 and recognised in the financial statements in respect of
employee benefit schemes:
The Estimates of future salary increases, considered in actuarial
valuation takes account 5 of inflation, seniority, promotion and
other relevant factors such as supply and demand in employment market.
Discount rate is based upon the market yields available on Government
Bonds at the 6 accounting date with a term that matches with that of
liabilities
2.4. Related party disclosures:-
In terms of Accounting Standard-18 on "Related Party Disclosures",
related party disclosures are as ^^^^^under:
(i) Other related parties with whom the company had transactions:-
Note: - (i) Previous year figures have been given in brackets.
(ii) As the liability of gratuity and compensated absence are provided
on actuarial basis for the company as a whole, the amount pertaining to
the directors are not ascertainable and therefore not included in the
above
(iii) Related party relationships are identified by the company on the
basis of available information.
2.5. In terms of confirmation of sale of assets of New Tobacco Co.
Ltd. (In Liquidation) in favour of the Company vide order dated 19th
April, 2006 of Calcutta High Court, the Joint Special Officers executed
the deed and / or deeds of conveyance in respect of all the immovable
properties except property at siliguri in favour of Company or its
nominee and issued necessary sale certificates for plant & machineries
and all assets and properties in favour of the Company. Conveyance deed
of Siliguri Property is yet to be executed for transfer of title in
favour of the Company.
2.6. During the year under review company has formed four wholly owned
subsidiaries. In terms of strategic decision to unlock the land bank of
the company some surplus land and buildings were got registered in the
name of the two wholly owned subsidiaries. These surplus land and
buildings are being used for construction of warehouses and godown to
generate rental income.
2.7 A suit has been filed against the company in the year 1999 for
recovery of Rs. 20,000,000/- along with interest which is still pending
before the Hon'ble High Court, Kolkata. The company disputes the claim
of the party and as the matter is sub-judice no provision for interest
has been made.
2.8 In view of the amendment made in the Union Budget 2003 with
retrospective effect, the Company is liable to refund excise duty
amounting to Rs. 49,238,160/- received/ receivable in terms of
notification no.32/99 dated 8th July, 1999 issued by the Central
Government, on account of Badarpur unit in Assam and interest thereon
amounting to Rs. 12,56,93,128 (PY Rs. 11,62,20,283/-) upto 31st March,
2015. The Company had challenged the amendment in Hon'ble High Court at
Guwahati and subsequently the matter was transferred to Hon'ble Supreme
Court of India. The Hon'ble Supreme Court vide its order dated 19th
September, 2005 has confirmed such retrospective amendment made by the
Central Government through its Budget Notification. However, the
company was of the view that the amendment was not applicable to it and
a clarification / modification petition to that effect was filed and
admitted by the Hon'ble Supreme Court. On 31st October, 2007, the
Central Excise Department had passed a fresh adjudication order
confirming the demand and the company has appealed before the Appellate
Tribunal which was brought to the notice of the Hon'ble Supreme Court.
The Hon'ble Supreme Court disposed off the petition on 25th March, 2008
with a direction that appeal shall be decided by appellate authority on
merits and in accordance with law. The appeal filed before the Tribunal
was disposed off without relief. The Company moved to Hon'ble High
court at Guwahati but failed to get any relief against the order dated
19.04.2012, the company has again filled the appeal before the Hon'ble
Supreme Court of India. The Hon'ble Supreme Court of India vide order
dated 07.02.2014 set aside the order of the Hon'ble High court at
Guwahati and requested to deal with the questions of law set aside in
its previous order. In terms of this the hon'ble High Court at Guwahati
vide its order dated 19.11.2014 remanded the matter to CESTAT at
Kolkata for consideration of the matter in accordance of law. The
company is confident to get the full relief as the entire benefit was
passed on to the consumer and as such the company does not accept any
further liability and no provision is considered necessary based on the
expert legal advice. Further to this the company has accounted for
during financial year 2000-01 a sum of Rs. 40,493,280/- as excise duty
refund receivable (Badarpur) and Rs. 21,548,160/- towards excise duty
payable (Badarpur) in terms of the above mentioned notification.
2.9 During the year it is decided to appeal before the Calcutta High
court against the entry tax imposed by state government on the import
of input from other states and accordingly not paid the entry tax to
the tune of Rs. 24,757/- till 31st March 2015.
2.10 During the year under review, company has disposed a portion of
surplus and vacant land and building appurtenant thereto with the
purpose to unlock idle land bank of the company, for which approval
from shareholders was obtained by way of Postal Ballot notice dated
14.11.2014. A group of shareholders have filed a suit against the
company and its officers and have obtained an interim injunction which
challenges the disposal contending the disposal at a value below the
fair market value. The matter is sub-judice and the management states
that the disposal is at fair market value and at terms and conditions
with an aim to draw future benefit. The management further states that
the transaction has not caused any financial loss to either the company
or its shareholders and does not foresee any provision to be made for
any future liability arising due to the above transaction.
2.11 Contingent Liability includes Assessed VAT of Rs. 110.24 lakhs for
the Financial Year 2011-12. Company has preferred appeal before the
appellate authority against this order. This demand of VAT is due to
wrong treatment of the VAT deducted at source by the government
contractee from the transferee company at the time of demerger in
2010-11 and wrongly deposited in the name of the company.
2.12 Contingent liabilities : ( Rs. in Lacs)
Particulars As at 31.03.15 As at 31.03.14
a) Claims against the company not
acknowledged as debt 144.54 144.54
b) Disputed Liabilities relating to
Central Excise Demand 9006.02 8911.29
c) Disputed Liabilities rela ting to VAT 110.24 -
d) Disputed Liabilities relating to Entry Tax 0.25 -
2.13 During the year under review, the company has changed the method
of providing depreciation on Fixed Assets from WDV to SLM. Pursuant to
such change, Depreciation for current year is short by Rs. 31.73/- lacs.
Further depreciation upto 31.03.14 has been charged in excess by Rs.
515.55 lacs.
2.14 During the year under review, Unpaid & Unclaimed Dividend for the
financial year 2006-07 was due to be transferred to the credit of
Investor Education & Protection Fund (IEPF). However, due to some
technical errors the same was delayed and transferred before the
signing of financial statements.
2.15 The figures of previous year have been reclassified and regrouped
wherever considered necessary.
Mar 31, 2014
1.1. The Company is in communication with its suppliers to ascertain
the applicability of ÂThe Micro, Small and Medium Enterprises
Development Act, 2006". As at the date of this balance sheet the
company has not received any communications from any of its suppliers
regarding the applicability of the Act to them. This has been relied
upon by the auditors.
1.2. In the opinion of the Board the current assets, loans and
advances are not less than the stated value if realised in ordinary
course of business. The provisions for all known liabilities are
adequate. There are no contingent liabilities except stated, as
informed by the management.
1.3. The Business of the company falls under a single segment i.e.
Manufacturing of Cigarette and Smoking Mixture. In view of the general
classification notified by Central Government in exercise of powers
conferred u/s 211(3C) of Companies Act, 1956 for companies operating in
single segment, the disclosure requirement as per Accounting Standard -
17 on ÂSegment Reporting" are not applicable to the company. The
company''s business is mainly concentrated in similar geographical,
political and economical conditions; hence disclosure for geographical
segment is also not required.
a) Defined Contribution Plans: The Company has recognised an expense of
Rs.34, 28,655/- (Previous Year Rs. 26, 81,672/-) towards the defined
contribution plans.
b) Defined Benefit Plans: As per actuarial valuation as on March 31,
2014 and recognised in the financial statements in respect of employee
benefit schemes:
1.4. Related party disclosures:-
In terms of Accounting Standard-18 on "Related Party Disclosures",
related party disclosures are as under:
(i) Other related parties with whom the company had transactions:- (A)
Key Management Personnel and their relatives:-
(B) Enterprises over which Key Management Personnel / major
shareholders / their relatives have significant influence: -
1.5. The Hon''ble High Court, Kolkata has confirmed sale of assets of
New Tobacco Co. Ltd. (In Liquidation) in favour of the Company vide its
order dated 19th April, 2006 and directed the Joint Special Officers to
execute the deed and / or deeds of conveyance in respect of immovable
properties and to issue necessary sale certificates for plant &
machineries and all assets and properties in favour of the Company.
Conveyance deeds of properties were to be executed for transfer of
title in favour of the Company and the same is in the process.
1.6. In view of the amendment made in the Union Budget 2003 with
retrospective effect, the Company is liable to refund excise duty
amounting to Rs. 49,238,160/- received/ receivable in terms of
notification no.32/99 dated 8th July, 1999 issued by the Central
Government, on account of Badarpur unit in Assam and interest thereon
amounting to Rs 1,16,220,283/- (PY Rs.1,06,747,438/-) upto 31st March,
2014. The Company had challenged the amendment in Hon''ble High Court,
Guwahati and subsequently the matter was transferred to Hon''ble Supreme
Court of India. The Hon''ble Supreme Court vide its order dated 19th
September, 2005 has confirmed such retrospective amendment made by the
Central Government through its Budget Notification. However, the
company was of the view that the amendment was not applicable to it and
a clarification / modification petition to that effect was filed and
admitted by the Hon''ble Supreme Court. On 31st October, 2007, the
Central Excise Department had passed a fresh adjudication order
confirming the demand and the company has appealed before the Appellate
Tribunal which was brought to the notice of the Hon''ble Supreme Court.
The Hon''ble Supreme Court disposed off the petition on 25th March, 2008
with a direction that appeal shall be decided by appellate authority on
merits and in accordance with law. The appeal filed before the
Tribunal was disposed off without relief. The Company moved to Hon''ble
Guwahati High court and failed to get any relief. The company has again
filled the appeal before the Hon''ble Supreme Court of India which set
aside the impugned order and remanded the matter to the High Court with
a request to deal with the questions of law.The company is confident to
get the full relief as the entire benefit was passed on to the consumer
and as such the company does not accept any further liability and no
provision is considered necessary based on the expert legal advice.
Further to this the company has accounted for during financial year
2000-01 a sum of Rs. 40,493,280/- as excise duty refund receivable
(Badarpur) and Rs.21,548,160/- towards excise duty payable (Badarpur)
in terms of the above mentioned notification.
1.7 A suit has been filed against the company in the year 1999 for
recovery of Rs.20,000,000/- along with interest which is still pending
before the Hon''ble High Court, Kolkata. The company disputes the claim
of the party and as the matter is subjudice no provision for interest
has been made.
1.8. Contingent liabilities :
As at 31st March,(Rs. in Lacs)
2014 2013
a) Interest claims against the
company not acknowledged as debt 144.54 144.54
b) Disputed Liabilities relating
to Central Excise
Mar 31, 2013
A POST EMPLOYMENT BENEFITS
a) Defined Contribution Plans : The Company has recognised an expense
of Rs. 2,681,672/- (Previous year Rs. 3,528,187/-) towards the defined
contribution plans.
B RELATED PARTY DISCLOSURES
In terms of Accounting Standard-18 on "Related Party Disclosures",
related party disclosures are as under: (i) Other related parties with
whom the company had transactions:
The Hon''ble High Court, Calcutta has confirmed sale of assets of New
Tobacco Co. Ltd. (In Liquidation) in favour of the Company vide its
order dated 19th April, 2006 and directed the Joint Special Officers to
execute the deed and/or deeds of conveyance in respect of immovable
properties and to issue necessary sale certificates for plant &
machineries and all assets and properties in favour of the Company.
Conveyance deed of some properties is yet to be executed for transfer
of title in favour of the Company.
In view of the amendment made in the Union Budget 2003 with
retrospective effect, the Company is liable to refund excise duty
amounting to Rs. 49,238,160/- received/receivable in terms of
notification no. 32/99 dated 8th July, 1999 issued by the Central
Government, on account of Badarpur unit in Assam and interest thereon
amounting to Rs. 1,06,747,438/- upto 31st March, 2013. The Company had
challenged the amendment in Hon''ble High Court, Guwahati and
subsequently the matter was transferred to Hon''ble Supreme Court of
India. The Hon''ble Supreme Court vide its order dated 19th September,
2005 has confirmed such retrospective amendment made by the Central
Government through its Budget Notification. However, the company was of
the view that the amendment was not applicable to it and a
clarification/modification petition to that effect was filed and
admitted by the Hon''ble Supreme Court. On 31st October, 2007, the
Central Excise Department had passed a fresh adjudication order
confirming the demand and the company has appealed before the Appellate
Tribunal which was brought to the notice of the Hon''ble Supreme Court.
The Hon''ble Supreme Court disposed off the petition on 25th March, 2008
with a direction that appeal shall be decided by appellate authority on
merits and in accordance with law. The appeal filed before the Tribunal
was disposed off without relief. The Company moved to Hon''ble Guwahati
High Court and failed to get any relief. Now Company has filled the
appeal before the Hon''ble Supreme Court of India. The Company is
confident to get the full relief as the entire benefit was passed on to
the consumer and as such the company does not accept any further
liability and no provision is considered necessary based on the expert
legal advice. Further to this the company has accounted for during
financial year 2000-01 a sum of Rs. 40,493,280/- as excise duty refund
receivable (Badarpur) and Rs. 21,548,160/- towards excise duty payable
(Badarpur) in terms of the above mentioned notification.
A suit has been filed against the company in the year 1999 for recovery
of Rs. 20,000,000/- along with interest which is still pending before the
Hon''ble High Court, Calcutta. The company disputes the claim of the
party and as the matter is subjudice no provision for interest has been
made.
Mar 31, 2012
A. The rights, preferences and restrictions attaching to shares and
restrictions on distribution of dividend and repayment of capital
The Company has only class of equity shares having a par value of Rs10
per share. Each Shareholder is eligible for one vote. Dividend proposed
(if any) by the Board of Directors, is subject to the approval of
Shareholders, except in case of interim dividend.
1.1 The Company is in communication with its suppliers to ascertain
the applicability of "The Micro, Small and Medium Enterprises
Development Act, 2006". As at the date of this balance sheet the
Company has not received any communications from any of its suppliers
regarding the applicability of the Act to them. This has been relied
upon by the auditors.
1.2 In the opinion of the Board the current assets, loans and advances
are not less than the stated value if realized in ordinary course of
business. The provisions for all known liabilities are adequate. There
are no contingent liabilities except stated, as informed by the
management.
1.3 The Business of the Company falls under a single segment i.e.
Manufacturing of Cigarette and Smoking Mixture. In view of the general
classification notified by Central Government in exercise of powers
conferred u/s 211 (3C) of Companies Act, 1956 for companies operating
in single segment, the disclosure requirement as per Accounting
Standard - 17 on "Segment Reporting" are not applicable to the Company.
The Company's business is mainly concentrated in similar geographical,
political and economical conditions; hence disclosure for geographical
segment is also not required.
1.4 Post Employment Benefits
a) Defined Contribution Plans: The Company has recognised an expense of
Rs3,528,187/- (Previous Year Rs3,422,544/-) towards the defined
contribution plans.
Note: -
i) Previous year figures have been given in brackets.
ii) As the liability of gratuity and compensated absence are provided
on actuarial basis for the Company as a whole, the amount pertaining to
the directors are not ascertainable and therefore not included in the
above
iii) Related party relationships are identified by the Company on the
basis of available information.
1.5 The Hon'ble High Court, Kolkata has confirmed sale of assets of
New Tobacco Co. Ltd. (In Liquidation) in favour of the Company vide its
order dated 19th April 2006 and directed the Joint Special Officers to
execute the deed and / or deeds of conveyance in respect of immovable
properties and to issue necessary sale certificates for plant &
machineries and all assets and properties in favour of the Company.
Conveyance deed of some properties is yet to be executed for transfer
of title in favour of the Company since connected proceedings are
pending before the Hon'ble High Court, Kolkata.
1.6 In view of the amendment made in the Union Budget 2003 with
retrospective effect, the Company is liable to refund excise duty
amounting to Rs 49,238,160/- received/ receivable in terms of
notification no.32/99 dated 8th July 1999 issued by the Central
Government, on account of Badarpur unit in Assam and interest thereon
amounting to Rs 97,274,593/- upto 31 st March 2012. The Company had
challenged the amendment in Hon'ble High Court, Guwahati and
subsequently the matter was transferred to Hon'ble
Supreme Court of India. The Hon'ble Supreme Court vide its order dated
19th September 2005 has confirmed such retrospective amendment made by
the Central Government through its Budget Notification. However, the
Company was of the view that the amendment was not applicable to it and
a clarification / modification petition to that effect was filed and
admitted by the Hon'ble Supreme Court. On 31st October 2007, the
Central Excise Department had passed a fresh adjudication order
confirming the demand and the Company has appealed before the Appellate
Tribunal which was brought to the notice of the Hon'ble Supreme Court.
The Hon'ble Supreme Court disposed off the petition on 25th March 2008
with a direction that appeal shall be decided by appellate authority on
merits and in accordance with law. The appeal filed before the Tribunal
was disposed off without relief. The Company moved to Hon'ble Guwahati
High court and failed to get any relief. Now company has filled the
appeal before the Hon'ble Supreme Court of India. The Company is
confident to get the full relief as the entire benefit was passed on to
the consumer and as such the Company does not accept any further
liability and no provision is considered necessary based on the expert
legal advice. Further to this the Company has accounted for during
financial year 2000-01 a sum of Rs40,493,280/- as excise duty refund
receivable (Badarpur) and Rs21,548,160/- towards excise duty payable
(Badarpur) in terms of the above mentioned notification.
1.7 A suit has been filed against the Company in the year 1999 for
recovery of Rs20,000,000/- along with interest which is still pending
before the Hon'ble High Court, Kolkata. The Company disputes the claim
of the party and as the matter is subjudice no provision for interest
has been made.
1.8 Contingent liabilities: (Amount in Rs)
As at As at
Particulars 31st March 2012 31st March 2011
a)Claims against the Company
not acknowledged as debt 14,453,701 14,453,701
b)Disputed Liabilities relating
to Central Excise Demand 872,183,000 862,710,000
1.9 The figures of previous year have been reclassified and regrouped
wherever considered necessary.
Mar 31, 2010
1. Scheme of Arrangement:- The Demerger Committee of the Company at its
meeting held on 21.05.2010 adopted the Certified Copy of Order of the
Honble High Court, Calcutta sanctioning the scheme of arrangement with
M/s. RDB Realty & Infrastructure Limited (RDBRIL). The Certified copy
of the order has been filed with the Registrar of the Company on
24.05.2010. In terms of the scheme the entire real estate undertaking
of the company including all rights, title and interest stands
transferred to and vested in RDBRIL without further act or deed w.e.f
the Appointed Date 01.04.2009. Accordingly all assets & liabilities
pertaining to the ÃReal Estate Undertakingà of the Company, as
appearing in the books of accounts as on 01-04-2009 stands transferred
to RDBRIL.
In Consideration of the Demerger, RDBRIL will issue and allot its
shares to the shareholders of RDB Industries Limited in the ratio of
one equity share of face value of Rs.10/- each fully paid up for every
one equity shares of Rs.10/- each held by the shareholders of RDB
Industries Limited.
Before demerger the Real Estate Undertaking of the company was
classified as ÃReal Estate Divisionà under business segment for the
purpose of Segment Reporting as per AS-17.
The initial disclosure about demerger of the Real Estate Undertaking
was made to the concerned stock exchanges on the same day as outcome of
the meeting of the Demerger Committee of the Company held on 9th June,
2009.
In accordance with the Scheme, with effect from the Appointed Date i.e.
01.04.2009 and upto and including Effective date, the Company shall be
deemed to have been carrying on all business and activities relating to
Real Estate Undertaking, and shall also stand possessed of the properties
so to be vested in RDBRIL , for and on account of and in trust of RDBRIL.
All profits or losses accruing to the Real Estate Undertaking shall be
treated as the profits of RDBRIL.
Pursuant to the scheme of demerger and in view of para 11 of AS 21, the
Consolidated Financial Statements are not prepared, because its control
over RDB Realty & Infrastructure Limited, a wholly owned subsidiary
company is intended to be temporary as the subsidiary shall cease to be
a subsidiary of the Company on issue of shares (pending allotment), in
the near future.
2. Related party disclosures:- In terms of Accounting Standard-18 on
"Related Party Disclosures" related party disclosures are as under:
(i) Enterprises where control exists (A) Subsidiaries:-
S.No. Name of Company
1 Bahubali Tie-Up Private Ltd.*
2 Baron Suppliers Private Ltd.*
3 Bhagwati Builders & Development Pvt. Ltd.*
4 Bhagwati Plasto Works Private Ltd.*
5 Headman Mercantile Private Ltd.*
6 Oswal Manufacturing Co. Private Ltd.*
7 Kasturi Tie-Up Private Ltd.*
8 Triton Commercial Private Ltd.*
9 Rathi Ess En Finance Co. Private Ltd.*
10 Raj Construction Projects Private Ltd.*
11 RD Devcon Pvt. Ltd.*
12 RDB Realty & Infrastructure Ltd.
(B) Partnership Firms:-
S.No Name of Company
1 Bindi Developers*
- Transfer to RDB Realty & Infrastructure Limited on demerger of Real
Estate Undertaking w.e.f. 01/04/2009
(ii) Other related parties with whom the company had transactions:- (A)
Key Management Personnel & their relatives:-
S.No. Name Designtion /Relationship
1 Sunder Lal Dugar Chairman & Managing Director (CMD)
2 Ravi Prakash Pincha Executive Director
(B) Enterprises over which Key Management Personnel/Major
Shareholders/Their Relatives have Significant Influence: -
1 Electrical Manufacturing Co.Ltd.
2 Pyramid Sales Private Ltd.
3 RD Motors Private Ltd.
4 Sri S.L.Dugar Charitable Trust
3. The Honble High Court, Kolkata has confirmed sale of assets of New
Tobacco Co. Ltd. (In Liquidation) in favour of the company vide its
order dated 19th April, 2006 and directed the Joint Special Officers to
execute the deed and/or deeds of conveyance in respect of immovable
properties and to issue necessary sale certificates for plant &
machineries and all assets and properties in favour of the Company.
Conveyance deed of some properties is yet to be executed for transfer
of title in favour of the Company since connected proceedings are
pending before the Honble High Court, Kolkata.
4. In view of the amendment made in the Union Budget 2003 with
retrospective effect, the company is liable to refund excise duty
amounting to Rs. 68,183,280/- received/ receivable in terms of notifi
-cation no.32/99 dated 8th July, 1999 issued by the Central Government,
on account of Badarpur unit in Assam and interest thereon amounting to
Rs.40,437,517/- upto 31st March,2006. The company has challenged the
amendment in Honble High Court, Guwahati and subsequently the matter is
transferred to Honble Supreme Court of India. The Honble Supreme Court
vide its order dated 19th September, 2005 has confirmed such retrospective
amendment made by the Central Government through its Budget Notification.
However, the company is of the view that the amendment is not applicable
to it and a clarification/modification petition to that effect was filed
and admitted by the Honble Supreme Court. On 31st October, 2007, the
Central Excise Department has passed a fresh adjudication order
confirming the demand and the Company has appealed before the Appellate
Tribunal which was brought to the notice of the Honble Supreme Court.
The Honble Supreme Court disposed off the petition on 25th March, 2008
with a direction that appeal shall be decided by appellate authority on
merits and in accordance with law. The appeal filed before the Tribunal
is still pending. The Company is confident to get the full relief as
the entire benefit was passed on to the consumer and as such the
company does not accept any further liability and no provision is
considered necessary based on the expert legal advice. Further to this
the company has accounted for during financial year 2000-01 a sum of
Rs. 40,493,280/- as excise duty refund receivable (Badarpur) and
Rs.21,548,160/- towards excise duty payable (Badarpur) in terms of the
above mentioned notification.
5. A suit has been filed against the company in the year 1999 for
recovery of Rs.20,000,000/- along with interest which is still pending
before the Honble High Court, Kolkata. The company disputes the claim of
the party and as the matter is subjudice no provision for interest has
been made.
6. The Company is in communication with its suppliers to ascertain the
applicability of ÃThe Micro, Small and Medium Enterprises Development Act,
2006". As on the date of this Balance Sheet the Company has not received
any communications from any of its suppliers regarding the applicability
of this Act to them.
7. Contingent Liabilities
a) Claims against the company not acknowledged as debts Rs.
14,453,701/- (Previous year Rs.14,453,701/-)
b) Disputed liabilities relating to Central Excise Demands
Rs.921,837,000/- (Previous year Rs.913,702,000/-)
8. In the opinion of the Board the Current Assets, Loans and Advances
are not less than the stated value if realised in ordinary course of
business. The provision for all known liabilities is adequate and not
in excess of the amount reasonably necessary. There is no contingent
liability except stated and informed by the Management.
9.Figures for the Previous Year are not comparable due to demerger of
"Real Estate Undertaking" of the company with its wholly owned
subsidiary company RDB Realty & Infrastructure Limited w.e.f.
01/04/2009 in terms of the scheme of arrangement as approved by the
Honble High Court of Calcutta vide its order dated 12/04/2010 filed
with the Registrar of Companies on 24/05/2010.
9.The figures of Previous Year have been recast and regrouped wherever
considered necessary.
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