1. The Company had suspended its operations at Ahmedabad since March
13, 1995 due to financial constraints and labour unrest. The Company
was declared as a Sick Unit within the meaning of Section 3(1)(o) of
the Sick Industrial (Special Provisions) Act, 1985 (SICA). The Board
for Industrial and Financial Reconstruction (BIFR) vide its Order dated
August 22, 2006 has discharged the Company from the purview of SICA.
The net worth of the Company has been represented by positive signs and
recovered from the huge erosion as compared to past years financial
results.
2. During the previous year 2012-13, the Company has acquired 3,14,999
Equity Shares of Rs. 10/- each at a premium of Rs. 23/- of M/s. Grant
Infrastructure Pvt. Ltd. and thereby the said company became the
subsidiary company. In past, the Company has paid advance for acquiring
the land as well as has incurred the project construction expenses with
the consent of the said company Grant Infrastructure Pvt. Ltd. On
becoming Grant Infrastructure Pvt. Ltd., the subsidiary company, the
project construction expenses of Rs. 3.19 Crores standing in the books
of account of the Company has been transferred to the said subsidiary
company Grant Infrastructure Pvt. Ltd.
Above treatment of transfer of construction work in progress to Grant
Infrastructure Pvt. Ltd. has been shown in Note 12 forming part of
Balance Sheet.
3. During the year, Advance Spacelink Pvt. Ltd. and Advance Infraspace
Pvt. Ltd. ceases to be the subsidiary company as the company has sold
9,999 Equity Shares of each Advance Spacelink Pvt. Ltd. and Advance
Infraspace Pvt. Ltd.
4. Other liabilities, which include worker's dues have been
ascertained on the basis of available records with the Company and are
subject to adjustments. Pending final settlement of dues, the payments
to workers included in advance to employees, as per court order
amounting to Rs. 17,37,506/- (Previous period Rs. 19,12,006/-) made in
earlier years has been adjusted against liability provided/paid in
pursuance of the Order.
5. The company had vide its letter dated September 19,2005 applied to
the Income-tax Department for granting relief and concessions in
accordance with the sanctioned Revival Scheme of BIFR vide their Order
dated January 23, 2004. Further the BIFR vide its discharge Order dated
August 22, 2006, issued directives to the Income tax department to
exempt the Company from payment of capital gain tax and permit the
Company to set off the capital gains, if any, against accumulated
losses of the Company. However, the Income tax department filed an
appeal before the Appellate Authority for Industrial and Financial
Reconstruction (AAIFR) against the said directives of BIFR which was
rejected by AAIFR vide its order dated 10th June 2008. In the financial
year 2006-07 relevant to A.Y. 2007-08 the Assessing Officer has
interpreted the order of BIFR and AAIFR that set-off of accumulated
business loss against the Capital Gain beyond 8 years is not allowable
and accordingly the demand was raised by the Income Tax Department. The
said demand was challenged by the company by filing appeal before the
CIT(Appeal). The CIT(Appeal) has decided the appeal in favor of the
company, and the Income Tax Department has preferred an appeal before
the ITAT which is pending before the ITAT. In the financial year
2007-08 relevant to A.Y. 2008-09, the Assessing Officer has levied the
tax on book profit u/s 115JB of the Income Tax Act, 1961. Against the
said order of the Assessing Officer, the Company has filed an appeal
before CIT (A). The CIT (Appeals) has decided the appeal in favour of
the company.
6. The Company and the Textile Labour Union arrived at a settlement in
respect of employees' dues on 11/02/2008 and the same has been modified
by the Honorable High Court of Gujarat on 15/02/2008, as a result of
which the Company is liable to pay in respect of such settlement, an
amount aggregating Rs. 15 crores (approx.) to 848 employees on the
condition precedent, that the payment will be made to the concerned
employee within sixty days after his resignation is received and in
respect of the employees concerned having hut/chhapra/room/quarter in
the mill premises and he is a beneficiary of the settlement/ order, he
shall have to first vacate the hut/chhapra/room/quarter occupied by him
in the mill premises and shall have to first handover possession
thereof to the Mill Management and thereafter, within sixty days
period, the Mill Management will pay the amount to the concerned
employee as per the consent terms. The Honorable High Court further
held that the closure declared by the Mill Management is legal and
valid.
7. Consequent to Honorable High Court's order dated 15/02/2008, the
company has already made the provision for gratuity relating to all
employees in earlier years of the closure of the years 01/04/1997 to
31/03/2007. The liability (other than gratuity) in respect of
retrenchment compensation and salary, the company has made the
payment to the workers on the basis of resignation received from
the employees and accounted for in the books in earlier years.
Similarly, the company had also made the provisions for all unresigned
employees including employees from whom resignations are yet to be
received in terms of the order of High Court dated 15/02/2008 which is
amounting to Rs. 3,04,73,417/- as on 31/03/2014 (Rs.3,32,71,288/- as on
31/03/2013).
8. Contingent Liabilities not provided for:
Estimated amount of contracts remaining to be execute on capital
account not provided for (net of advance paid) is Rs. 87,50,000/-
(Previous Year - Rs. 87,50,000/-).
The Income Tax assessments of the Company have been completed upto
Assessment Year 2010-11. The demand of Rs.4,08,07,057/- for Assessment
Year 2007-08 has been reduced to Rs. Nil as a result of Appellate Order
of CIT(A) in favour of the Company. Against the said Appellate Order,
the Income Tax Department has preferred second appeal before Tribunal
which is pending to be decided. Similarly, the demand of Rs. 2,77,620/-
for the Assessment Year 2008-09 has been reduced to Nil as a result of
Appellate Order of CIT(A) in favour of the Company.
9. The survey proceedings u/s.133A of the Income-tax Act, 1961 was
carried out at the business premises of the associate group company
Phulchand Exports Pvt. Ltd. on 11/12/2012. In pursuance of the said
survey proceedings, the company and associate group company Phulchand
Exports Pvt. Ltd. had filed an application before the Hon'ble
Settlement Commission, Mumbai, wherein the company had disclosed
additional income of Rs.31,07,36,874/- for F.Y.2012-13 relevant to
A.Y.2013-14 including capital gain on sale of shares of Advance Life
space Pvt. Ltd. for an amount of Rs.30,88,83,060/-. During the year the
Hon'ble Settlement Commission has passed the final order u/s.245D(4) of
the I.T. Act, 1961 accepting the additional income offered by the
company as assessed income. In the order passed by the Hon'ble
Settlement Commission u/s.245D(4) of the Act, capitalization of the
income earned by the company has been granted. The capitalization
effect has been taken for an amount of Rs. 30,76,11,930/-. The company
has paid the Income-tax on the additional income offered before the
Hon'ble Settlement Commission for an amount of Rs. 7,17,56,772/-. The
necessary accounting entries have been passed in the books of account.
The capitalization in the form of cash balance for an amount of Rs.
6,76,11,930/- has been shown as on 31st March,2014 has included in cash
on hand balance and Rs. 24,00,00,000/- shown as cash deposit against
cheques and the additional income offered before the Hon'ble Settlement
Commission after setting off tax paid has been shown under the head
"Reserves & Surplus" for an amount of Rs. 23,58,55,158/-.
10. The company has not received information from any of its suppliers
whether they are registered as Micro or Small enterprises or not and
therefore the amount due to such suppliers, if any, has not been
identified by the company.
11. Figures of the previous year have been rearranged / regrouped
wherever necessary.
12.Segment reporting:
The Company has identified two reportable segments viz. Textile Mill &
Real Estate / Property Project activity. Segment have been identified
and reported taking in to account nature of products and services, the
differing risks and returns and the internal business reporting
systems. The accounting policies adopted for segment reporting are in
line with the accounting policy of the Company with the following
additional notes for segment reporting.
a) Revenue and expenses have been identified to a segment on the basis
of relationship to operating activities of the segment. Revenue and
expenses which relate to enterprise as a whole and are not allocable to
a segment on reasonable basis have been disclosed as "Unallocable".
b) Segment asset and segment liabilities represent assets and
liabilities in respective segments. Investments, tax related assets
and other assets and liabilities that cannot be allocated to segment on
reasonable basis have been disclosed as "Unallocable".
c) Information given in accordance with the requirements of Accounting
Standard 17 on Segment Reporting notified under the Companies Act,
1956.
d) The Company has two reportable primary segments i.e. Textile Mill
and Property Construction.
e) Unallocated represents all unallocable items not included in
segments.
f) There are no inter-segment transactions during the period.
g) Information about Secondary Segments: Since all the activities of
the Company in relation to the abovementioned Business segments are
situated only at Ahmedabad, disclosure requirement under this segment
are not applicable.
|