Emtex Industries India Ltd Auditor Reports

EMTEX INDUSTRIES (INDIA) LIMITED ANNUAL REPORT 2010-2011 AUDITORS REPORT To, The Members of Emtex Industries (India) Ltd. We have audited the attached Balance Sheet of Emtex Industries (India) Ltd, as at 31st March 2011 and also the Profit and Loss Account and the Cash Flow Statement for the year ended on that date, annexed thereto. These financial statements are the responsibility of the Companys management. Our responsibility is to express an opinion on these financial statements based on our audit. We have 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. As required by the Companies (Auditors Report) Order, 2003 issued by the Central Government of India in terms of sub-section (4A) of Section 227 of the Companies Act, 1956, we enclose in the ANNEXURE a statement on the matters specified in paragraphs 4 and 5 of the said Order. 1. Further to our comments in the ANNEXURE referred to above, we report that: (i) We have obtained all the information and explanations, which to the best of our knowledge and belief were necessary for the purposes of our audit. (ii) In our opinion, proper books of account as required by law have been kept by the company so far as appears from our examination of those books, except the cost accounting records required under section 209 (1) (d) of the Companies Act 1956. (iii) The Balance Sheet, Profit and Loss Account and Cash Flow Statement Account dealt with by this report are in agreement with the books of account. (iv) In our opinion, the Balance Sheet, Profit and Loss Account and Cash Flow Statement dealt with by this report comply with the accounting standards referred to in sub-section (3C) of section 211 of the Companies Act, 1956 except Accounting Standard - 15 on Accounting for Retirement benefits in the Financial Statements of Employers with regards to provision of gratuity and leave encashment and Accounting Standard - 11 on Accounting for Effects of Changes in Foreign Exchange Rates. (Refer Note 5 of Schedule XII). 1) The company doesnt have a whole time Company Secretary as on date as required under section 383-A of the Companies Act, 1956. 2) Export related receivables have not been revalued at the exchange rate prevailing at the end of the year in accordance with the Accounting standard 11 issued by the institute of chartered accountants of India and accordingly the debtors are overstated by Rs. 2.29 lacs (Previous year Rs.1.22 lacs) and creditors are overstated by Rs.1.02 lacs and thereby loss is understated to the extent of Rs. 1.27 lacs (Previous year Rs. 1.22 lacs) refer note 5 of schedule XII. 3) The companies has not accounted and not worked out for interest payable on the borrowed amount during the year under consideration. 4) The company has not redeemed the Debentures and also not created Debenture Redemption Reserve till 31st March, 2011. (Refer Note 6 of Schedule XII) 5) Cost audit has not been conducted as ordered by the Central Government under Section 233-B of the Companies Act, 1956. 6) The company has not transferred the unclaimed and unpaid dividend of Rs. 55,502, & Rs. 13,140 for the financial years 1995-96, 1998-99 respectively to Investor Education and Protection Fund as required under sub section (2) of section 205C of the Companies Act, 1956 being the amounts have remained unclaimed and unpaid for a period of more than seven years from the date they became due for payment. (v) Subject to the foregoing, in our opinion and to the best of our information and according to the explanations given to us, the said accounts give the information required by the Companies Act, 1956, in the manner so required. a. in the case of the Balance Sheet, of the state of affairs of the Company as at 31st March 2011; and b. in the case of the Profit and Loss Account, of the loss for the year ended on that date; and c. in the case of the Cash Flow Statement, of the cash flows for the year ended on that date. For N.G. Jain & Co., Chartered Accountants Mukesh Mehta Partner M. No. 100407 Place : Mumbai Date : 22nd July, 2011. ANNEXURE referred to in paragraph 1 of our report to the members of Emtex Industries (India) Limited for the year ended 31st March, 2011 1. The Company is maintaining proper records showing full particulars of quantitative details and situation of fixed assets. The management at reasonable intervals has carried out the physical verification of fixed assets and no material discrepancies were noted on such verification. There was no substantial disposal of fixed assets during the year. 2. None of the fixed assets have been revalued during the year. 3. The management at reasonable intervals has physically verified the stocks of finished goods, spare parts and raw materials. The procedures of physical verification of stocks followed by the management are, in our opinion, reasonable and adequate in relation to the size of the Company and the nature of its business. No material discrepancies were noticed on physical verification of stocks. 4. The company has not given / taken any loans to /from companies, parties listed in the register maintained under section 301 of the Companies Act, 1956. The parties to whom the loans or advances in the nature of loans have been given by the Company, where the terms of recovery are stipulated, are repaying the principal amount and interest . Further the company has given advances of Rs. 109.99 Lacs to suppliers for the specific orders are remained outstanding for more than three years. 5. In our opinion, and according to information and explanation given to us, there are adequate internal control procedures commensurate with the size of the company and the nature of its business for the purchase of stores, raw material including components, plant and machinery, equipment and other assets and for the sale of goods. 6. In our opinion and according to the information and explanations given to us, there are no parties listed in the register maintained under section 301 of the Companies Act, 1956, and hence no transaction in pursuance of contracts or arrangements that need to be entered into the register maintained u/s.301 of the Companies Act, 1956 have taken place in this regard. 7. The Company has not accepted any deposits from the public within the meaning of Sections 58A and 58AA of the Act and the rules framed there under. 8. In our opinion the company has adequate internal audit system commensurate with the size and nature of its business . 9. According to the explanation given to us by the company , the maintenance of cost records is not applicable as prescribed by the Central Government under section 209(1) (d) of the companies act 1956, Since the Company is exclusively engaged in processing of fabrics 10. According to the records of the company, the Company is generally regular in depositing undisputed statutory dues including Provident Fund, Employees State Insurance, Sales Tax, Customs Duty, Wealth Tax, Excise Duty, Cess and other statutory dues as applicable to it with the appropriate authorities. However, in respect of Income tax and other direct taxes, following un-disputed demands are dues. Statute Amount (in lacs) Period to which it relates Income Tax 3.30 Assessment Year 98-99 Income Tax 204.71 Assessment Year 99-2000 Income Tax 49.97 Block Period According to the records of the Company there are no dues in respect of sales tax, custom duty, wealth tax, excise duty and cess as at March, 31, 2011, which have not been deposited with the respective authorities. However, in respect of income tax, following disputed demands are pending. Statute Amount Period to which Forum where dispute (in lacs) it relates is Pending Income Tax (Penalty) 57.08 A.Y.2000-01 ITAT, Mumbai Income Tax 208.14 A.Y.2000-01 ITAT, Mumbai Income Tax 394.75 A.Y.1997-98 ITAT Income Tax (Penalty) 110.16 A.Y.1997-98 ITAT 11. The Company has accumulated losses amounting to Rs.23,067.09 Lacs (Previous Year Rs, 22,764.09 lacs) as at March 31, 2011. During the year and in immediately preceding financial year it has incurred cash loss amounting to Rs. 224.32 lacs (Previous year cash profit of Rs. 13.68 lacs). 12. On the basis of the records examined by us and the information and explanation given to us, the company has defaulted in repayment of dues to the financial institutions, bank and debenture holders. During the year, the company has not borrowed from financial institutions and bank and by way of debentures.The Company has not worked out interest on borrowed amounts and hence not provided to the Profit & Loss Account . 13. In our opinion and according to the information and explanation given to us, no loans and advances has been granted by the company on the basis of security by way of pledge of shares, debentures and other securities. 14. In our opinion and according to the information and explanation given to us, the nature of activities of the company does not attract any special statute applicable to chit fund/nidhi/mutual benefit fund/societies accordingly clause 4 (xiii) of the companies (Auditor Report) order, 2003 is not applicable to the company. 15. Based on our Audit procedures and the information and explanation given by the management, we are of the opinion that the Company is not dealing / trading in shares, securities, debentures and other investments. Accordingly, clause 4 (xiv) of the Companies (Auditors Report) order, 2003 is not applicable to the company. 16. 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 during the year. 17. In our opinion and according to the information and explanations given to us, on an overall examination of balance sheet, we report that term loans were applied for the purposes for which the loans were obtained. 18. According to the information and explanation given to us, and on an overall examination of the balance sheet of the company, we report that no funds raised on short-term basis have been used for long-term investment by the company. The company has not raised any funds during the year on long- term basis. 19. The Company has not made any preferential allotment of shares during the year. 20. The Company has not issued any debentures during the year. 21. The Company has not raised any money through a public issue during the year. 22. 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, we have neither come across any instance of fraud on or by the Company, noticed or reported during the year, nor have we been informed of such case by the Management. For N.G. Jain & Co., Chartered Accountants Mukesh Mehta Partner M. No. 100407 Place : Mumbai Date : 22nd July, 2011.