alcobex metals ltd Auditors report
ALCOBEX METALS LIMITED
ANNUAL REPORT 2009-2010
AUDITORS REPORT
TO
THE MEMBERS
ALCOBEX METALS LIMITED
1. We have audited the attached Balance Sheet of ALCOBEX METALS LIMITED as
at 31st March, 2010, the Profit and Loss Account and also the Cash Flow
Statement for the year ended on that date annexed thereto. These financial
statements are the responsibility of the Companys management. Our
responsibility to express an opinion on these financial statements based on
our audit.
2. We conducted our audit in accordance with auditing standards generally
accepted in India. Those Standards require that we plan and perform the
audit to obtain reasonable assurance about whether the financial statements
are free of material misstatement. An audit includes examining, on a test
basis, evidence supporting the amounts and disclosures in the financial
statements. An audit also includes assessing the accounting principles used
and significant estimates made by management, as well as evaluating the
overall financial statement presentation. We believe that our audit
provides a reasonable basis for our opinion.
3. As required by the Companies (Auditors Report). Order, 2003 as amended
by the Companies (Auditors Report) (Amendment) Order 2004, issued by the
Central Government of India in terms of sub-section (4A) of Section 227 of
The Companies Act, 1956, and on the basis of such checks as we considered
appropriate and according to the information and explanations given to us,
we enclose in the Annexure a statement on the matters specified in
paragraphs 4 & 5 of the said order.
4. Attention is invited to the following notes in Schedule 26.
4.1 Note No. 2.1 regarding failure to comply with the order of the BIFR.
4.2 Note no. 2.2 regarding accumulated losses of the Company having
exceeded the net worth of the Company. This along with other matters as set
forth in the financial statements raise doubt that the Company will be able
to continue as a going concern which is dependent on various factors stated
therein.
4.3 Note no. 3 regarding prior approval not obtained from Central
Government in respect of transactions covered under Section 295/297 of the
Companies Act, 1956.
4.4 Note no. 4 regarding land not being depicted separately.
4.5 Note no 5.1 regarding classification of loans and satisfaction/charge
to be created in favour of banks/financial Institutions in terms of
reworked out package of loans shown under the head secured Loans approved
by them.
4.6 Note no 5.2 regarding interest being provided as per rates agreed in
the One Time Settlement (OTS) of dues entered into with Banks/FIs which has
subsequently been, liability towards interest at prevalent cap rate (amount
unascertained)/penal interest which have occurred for reason stated therein
4.7 Note no. 7 regarding semi finished goods aggregating to Rs. 6.61 lacs
being accounted for on the basis of a certificate from management for
reasons stated therein.
4.8. Note no 9.1 regarding balances of various accounts under the head
Sundry Debtors, Banks, loans and advances, liabilities and loans (secured
and unsecured) are subject to confirmation/reconciliation.
4.9 Note no.10(b) regarding interest recoverable from various banks
aggregating to Rs. 62.57 lacs on the basis of reworked out package approved
by the banks in earlier years for which no provision has been made for
reason stated therein.
4.10 Note no 20 regarding segment information as required by the Accounting
Standard (AS) 17 Segment Reporting has not been disclosed.
The consequential effect of the adjustments, if carried out of the amounts
to the extent ascertainable would have increased the loss for the year and
reduced the Current Assets by Rs. 62.57 lacs. As regards our comments in
other points in para 4 above, the effect is not quantifiable at this stage.
5. Further to our comments in the Annexure referred to in para 3 above and
subject to our comments in paragraph 4 above, we report that:
i) We have obtained all the information and explanations which to the best
of our knowledge and belief were necessary for the purposes of our audit;
ii) In our opinion proper books of account as required by law have been
kept by the company so far as appears from the examination of such books.
iii) The Balance Sheet, Profit & Loss Account and Cash Flow Statement dealt
with by this report, are in agreement with the books of account;
iv) In our opinion, the Balance Sheet, Profit & Loss Account and Cash Flow
Statement comply with the Accounting Standards referred to in sub section
(3C) of Section 211 of the Companies Act, 1956 except as mentioned in Note
20 as regards Segment Reporting contained in Schedule 26;
v) On the basis of the written representations received from the directors
and taken on record by the Board of Directors, we report that none of the
directors is disqualified as on 3181 March, 2010 from v) being appointed as
a director in terms of clause (g) of sub-section (1) of section 274 of the
Companies Act, 1956;
vi) In our opinion and to the best of our information and according to the
explanations given to us, the said accounts read in conjunction with
Schedules 1 to 26 give the information required by the Companies Act, 1956,
in the manner so required and subject to our comments in para 3 & 4 above
give a true and fair view in conformity with the accounting principle
generally accepted in India:
i) In the case of the Balance Sheet of the state of affairs of the Company
as at 31st March, 2010.
ii) In the case of the Profit & Loss Account of the loss for the year ended
on that date.
iii) In the case of the Cash Flow Statement of the Cash Flows for the year
ended on that date.
For RAY & RAY
Chartered Accountants
(A.K. SHARMA)
Partner
Membership No. 80085
Firms Registration No: 301072E
Place: New Delhi
Date : 8th September, 2010.
ANNEXURE REFERRED TO IN PARAGRAPH 3 IN OUR REPORT OF EVEN DATE TO THE
SHAREHOLDERS OF ALCOBEX METALS LIMITED.
1.1 The Company has generally maintained proper records showing full
particulars regarding valuation of different type of assets including
quantitative details and situation of fixed assets.
1.2 The fixed assets are physically verified by the management according to
a phased programme designed to cover all items over a period of two years,
which in our opinion, is reasonable having regard to the size of the
company and the nature of its business. However, all the assets could not
be physically verified during the year. As such we are unable to comment on
the clause (1) (b) of paragraph 4 of the order.
1.3 During the year no substantial part of fixed assets has been disposed
off by the Company. Therefore, the provisions of clause (i) (c) of
paragraph 4 of the aforesaid Order, in our opinion are not applicable to
the Company.
2.1 As explained to us, the inventories namely Raw Material & Finished
Goods in companys custody have been physically verified by the management
during the year. As regards semi finished goods at the year end aggregating
to Rs 6.61 lacs reference is drawn to Note 7 in schedule 25. In case of
semi finished goods lying with third parties aggregating to Rs. 1.56 lacs,
certificates confirming stocks in quantitative terms has been received at
the year end. Stores & Spares have not been physically verified at the year
end.
2.2 The procedures of physical verification of inventories followed by the
management, as observed by us to the extent possible, are reasonable and
adequate in relation to the size of the company and nature of its business.
2.3 On the basis of our examination of inventory records of the company, we
are of the opinion that, the company is maintaining proper records of its
inventory except for semi finished goods which is accounted for on the
basis of technical estimates (Note 7 Schedule 26). The discrepancies, which
were noticed on physical verification of inventory as compared to book
records were not material and have been properly dealt with in the books of
account.
3.1 a) The Company has not granted any loans, secured or unsecured to
companies, firms or other parties covered in the register maintained under
Section 301 of the Companies Act, 1956.
b) In view of our comments in paragraph 3 (a) above, clauses (iii) (b) to
(d) of paragraph 4 of the aforesaid Order are not applicable to the
Company.
c) The Company has taken unsecured loans from two companies covered in the
register maintained under Section 301 of the Companies Act, 1956 in earlier
years. The maximum amount involved during the year and the year end balance
of loan taken was Rs. 223.69 lacs.
d) In our opinion, the rate of interest and other terms and conditions on
which loans have been taken from companies/parties listed in the register
maintained under Section 301 of the Companies Act, 1956 are prima facie not
prejudicial to the interest of the Company.
e) The Company has generally been regular in the payment of interest
wherever applicable. In absence of any stipulation as regards repayment of
loan, we are unable to make any specific comment on the repayment of
principal amount of loans taken.
4. In our opinion and according to the information and explanations given
to us and having regard to management representations that for some items
purchased for which comparable alternative quotations are not available/
obtained because of nature/quality of such items & delivery schedule, the
internal control system needs to be strengthened as regards confirmation/
reconciliation of balances, dispatch of goods & realisability of debts in
order to be commensurate with the nature of its business with regard to
purchase of inventory, fixed assets and with regards to sale of goods &
services. However, in our opinion, subject to above, there is no other
continuing failure to correct major weakness in internal control system in
these areas.
5.1 On the basis of the audit procedures performed by us, and according to
the information, explanation and representations given to us, we are of
opinion that, the contract or arrangement in which directors were
interested as contemplated under Section 297 and sub section (6) of Section
299 of the Companies Act, 1956 and which were required to be entered in the
register maintained under Section 301 of the said Act, have generally been
so entered.
5.2 In our opinion and according to information and explanations given to
us, the transactions made in pursuance of contracts or arrangements entered
in the register maintained under Section 301 of the Companies Act, 1956
have been made at price which are reasonable having regards to prevailing
market prices at that time or at prices determined by the management in
absence of market quotation for similar items as the management has stated
that the goods/services are made/supplied to order according to the
specifications.
6. The Company has not accepted any deposits from the public and
consequently the provisions of Section 58A, 58AA or any other relevant
provisions of the Companies Act, 1956 and rules framed there under are not
applicable. Further, during the course of our audit, we have neither come
across nor have we been informed of any order passed under the aforesaid
sections by national Company law Board or National Company Law Tribunal or
any court or any other Tribunal.
7. On the basis of the concurrent/internal audit reports broadly reviewed
by us, we are of the opinion that, the coverage of concurrent/internal
audit functions carried out by a firm of Chartered Accountants appointed by
the management in consultation with Financial Institution/Banks is
commensurate with the size of the Company and nature of its business.
8. The Central Government has not prescribed the maintenance of cost
records under clause (d) of sub-section (1) of section 209 of the Companies
Act, 1956 in respect of the activities carried out by the Company.
9.1 According to records of the Company, undisputed statutory dues
including 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,
has not been regularly deposited with appropriate authorities and there has
been delays in large number of cases.
Further, since the Central Government has till date not prescribed the
amount of cess payable under section 441A of the Companies Act, 1956, we
are not in a position to comment upon the regularity or otherwise of the
Company in depositing the same.
9.2 According to information and explanations given to us, there are no
undisputed amount payable in respect of Income tax, wealth tax, sales tax,
custom duty and excise duty & other statutory dues which were outstanding
at the year end for period of more than six months from the date they
become payable.
9.3 According to the information and explanations given to us, there are no
dues outstanding of income tax, sales tax, custom duty, wealth tax, service
tax and cess on account of any dispute other than excise duty and sales tax
as indicated below:
Name of the Nature of Forum where dispute is Amount
statute dues pending Rs. in lacs
1. The Central Excise duty Show Cause Notice Suppt. 33.32
Excise Act, 1944 Central Excise Range-1
Jodhpur
2. Central Sales tax Commercial tax Offered, 9.48
Sales Tax Special Range-1, Jodhpur
Act, 1956
10. The Companys accumulated losses at the end of the financial year are
more than fifty percent of its net worth. The Company has incurred cash
loss during the year and also in the immediately preceding financial year.
11. The Company has defaulted in the repayment of dues to Financial
Institutions /Banks. The defaulted amount of principal amounted to
Rs.4503.08 lacs. In addition to above, the estimated interest amounting to
Rs.3613.48 lacs is also in default from various dates. In absence of
details and pending approval of Financial Institutions/Banks on the
application of the Company for deferment, the period of default could not
be disclosed.
12. The Company has not granted loans and advances on the basis of security
by way of pledge of shares, debentures and other securities. Accordingly,
clause 4(xii) of the Order is not applicable to the Company.
13. The Company is not a chit fund or a nidhi/mutual benefit fund/society
and accordingly, clause 4 (xiii) of the Order is not applicable to the
Company.
14. The company has not dealt or traded in shares, securities, debentures
and other investments and accordingly, clause 4 (xiv) of the Order is not
applicable to the Company.
15. According to the information and explanations given to us, the Company
has not given any guarantee for loans taken by others from banks or
financial institutions. Accordingly, clause 4 (xv) of the Order is not
applicable to the Company.
16. During the year, the Company did not take any fresh term loan.
Accordingly, clause 4(xvi) of the Order is not applicable to the Company
for the current year.
17. According to the information and explanations given to us and on an
overall examination of the Financial Statements and after placing reliance
on the reasonable assumptions made by the Company for classification of
short term and long term usages of funds, we are of the opinion that prima
facie short term funds have not been utilized for long term purposes.
18. The Company has not made any preferential allotment of shares to
parties and companies covered in the register maintained under section 301
of the Companies Act, 1956 during the year. Accordingly, clause 4(xviii) of
the Order is not applicable to the Company for the current year. However,
reference is invited to Note 12 in Schedule 26.
19. The Company has not issued any fresh debentures during the year.
Accordingly, clause 4 (xix) of the Order is not applicable to the Company.
20. The Company has not raised any money by public issues during the year.
Accordingly, clause 4(xx) of the Order in is not applicable to the Company
for the current year.
21. 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, explanations and
representations given to us, no fraud on or by the company has been noticed
or reported during the year by the Company.
For RAY & RAY
Chartered Accountants
(A.K. SHARMA)
Partner
Membership No. 80085
Firms Registration No: 301072E
Place: New Delhi
Date : 8th September, 2010.