1. Term Loan from Banks:
Term Loan from Banks includes Term Loan from HDFC Bank of Rs. 32.75
Lacs (Outstanding as on 31-03-2015 Rs. 3.84 Lacs) which is secured
against hypothecation of vehicles. The same is repayable by way of 48
monthly installments of Rs. 0.95 Lacs each.
AsonSl-OS-lOW the company has defaulted in payment of installment for
the month of March low amounting
2. Long Term Liabilities of Finance Lease Obligations:
The Company has availed Term Loan from 'Sundaram Finance Limited' a Non
Banking Financial Corporation amounting to Rs. l,268.741akhs for
expansion off abilities. The Finance Lease obligations are secured
against leased assets.-
Ason31-03-2015,the company has defaulted in Payment of installments
aggregating to RsA62Lacs.
3. Deferred Payment Liabilities
Manufacture of MFL Brands owned by other Corporate
The Company manufactures and sells its own brand of liquors and also
uses the brand of others. For the purpose of manufacture and sales of
liquor brands not owned by the company the company has entered into
arrangement / agreement with the respective brand owners. The terms of
the Agreement / Arrangement with such brand owners provide for payment
of consideration for use of Trade Mark / for the additional services
rendered by the brand owners / other amount due to the Trade Mark
owners in the agreed proportion. The payment towards use of Trade Mark
/ for the additional service rendered by the Trade Mark owners / other
amounts due to the Trade Mark Owners are grouped as "Operational
Support Cost". The Operational Support Cost is included under the head"
Other Manufacturing Expenses"
Further the Agreements / Arrangements with other Brand owners provide a
facility of Deferred Payment of the amount due under the agreement.
These payables, as per the Terms, which are payable after a period
exceeding 12 months are classified as "Deferred Credit from Corporate
Suppliers" and are grouped under "Non Current Long Term Borrowings".
Other Long Term Liabilities represent 'Deposits' received from 'Tie Up
Parties' which are not expected to be repaid back within
aperiodofl2monthsfromthedateoffinancialstatements.
4. Working Capital Loans are secured by hypothecation of present and
future stock of raw materials, Stock in Process, Finished Goods,
Spares, Book Debts, Outstanding monies, receivables, claims, materials
in transit etc.
5. Term Loan from Banks:
5.1 Term Loan from State Bank of lndia is collaterally secured by
Equitable Mortgage of Factory and Building at RS No. 89 / 4A and 89 /
1, Katterikuppam, Mannadipet Commune, Pondicherry The collateral
security as mentioned above is Common security for all facilities
granted by the bank viz. Cash Credit, Term Loan, Bank Guarantee etc.
5.2 The promoters, directors and shareholders of the company have
also given their personal assets as collateral security for Entire
facilities sanctioned by State Bank of media. The disclosure of the
same is given below:
5.3 Overdue Facilities with State Bank of India:
State Bank of India has classified entire facilities as 'Non Performing
Assets' as on 31-03-2015 (Outstanding Rs. 2874 Lacs) (Principal Overdue
Rs. 2386.37 Lacs and Interest Overdue Rs. 487.63 Lacs). Further, State
Bank of India has initiated action under' SERFAESI Act'for recovery of
dues outstanding amounting to Rs.2615.08Lacs.
The company has submitted a proposal in March 2015 for 'One Time
Settlement (OTS) for repayment of over dues to Financial Institution
which is under consideration. The company expects to derive economic
benefit out of the above OTS in the form of waiver of overdue interest.
Therefore, provision for interest amounting to Rs. 153.41 Lacs for the
quarter ended March 2015 has not been made in the accounts.
The company has not received intimation from all the "Suppliers"
regarding their status under Micro, Small and Medium Enterprises
Development Act, 2006, and hence, the disclosure relating to amounts
unpaid as at March 31, 2015 together with Interest paid/payable as
required under the said Act has been provided only to the extent of
intimations received.
6. During the Financial Year 2011-2012, the Company acquired 38.43%
stake in 'Liquors India Limited'. However, due to various issues with
Mr. Anil Agrawal, Managing Director of 'Comfort Securities Limited'
(the Merchant Banker to the Initial Public Offerings of the Company)
and M/s Comfort Intech Limited, the Company entered into an agreement
with Mr. Anil Agrawal and'Lemonade Shares and Securities Private
Limited' for sale of the entire undertaking. The agreement has been
challenged and Civil Suit has been filed before Ilnd Additional
District Judge, Ranga Reddy District, L. B. Nagar, Hyderabad with
prayers in ter-aliatorescind the agreements as being
voidandrestorethepartiesbacktothepositionprior to MOU dated 05-09-2012.
Pending the outcome of the Suit, the amount received from 'M/s Lemonade
Shares and Securities Private Limited' is shown under 'Other Current
Liabilities'.
7. During the Financial Year 2011-2012, the Company acquired 38.43%
stake in 'Liquors India Limited'. However, due to various issues with
Mr. Anil Agrawal, Managing Director of 'Comfort Securities Limited'
(the Merchant Banker to the Initial Public Offerings of the Company)
and M/s Comfort Intech Limited, the Company entered into an agreement
with Mr. Anil Agrawal and'Lemonade Shares and Securities Private
Limited' for sale of the entire undertaking. The agreement has been
challenged and Civil Suit has been filed before Ilnd Additional
District Judge, Ranga Reddy District, L. B. Nagar, Hyderabad with
prayers inter-alia to rescind the agreements as being void and restore
the parties back to the position prior to MOU dated 05-09-2012. Pending
the outcome of the Suit, the amount received from 'M/s Lemonade Shares
and Securities Private Limited' is shown under' Other Current
Liabilities'.
8. As on 31-03-2015,the company holds 49% stake of' SVD is toiletries
Private Limited' amounting toRs.477Lacs.
9. In Financial Year 2010-2011, the Company made total investment of
Rs. 1,311 Lacs in 'Liquor India Limited' and Rs. 2,423 Lacs in'SV
Distilleries Private Limited'. Out of the above, investment in shares
of Liqur India Limited' is Rs. 826 Lacs and in 'S V Distilleries
Private Limited' is Rs. 477 Lacs respectively and investment in the
form of acquisition cost of respective companies is Rs. 485 Lacs in
'Liquor India Limited' and Rs. 1,946 Lacs in 'S V Distilleries Private
Limited' respectively. During the current Financial Year, the
investment is Shares of above companies has been classified under the
head 'Non Current investments' and other acquisition cost have been
classified under the head' Short Term Loans and Advances'.
10. Other Loans and advances includes amounts transferred to various
parties post IPO amounting to Rs. 2,900 Lacs given as advances to
suppliers during Financial Year 2010-2011. However, since, the capital
commitments were not acted upon by the parties, the management has
decided to recall the advances paid. During the financial year
2013-2014, the company has sent legal notices to parties for refund of
advances lying with them The management expects to get the advances
back in due course. Hence, no provision has been made in the accounts
for doubtful recovery of above advances. Further, the Company has also
Filed a complaint with Economic Offences Wing,Unit-V,Mumbai,En for
cement Director ate and other forums for Recovery
# "During the Financial Year 2014-2015, the High Court of Madras has
dismissed the pending petitions of the Company regarding "Turnover Tax"
payable to Financial Year 1999-2000, to Financial Year 2006-2007. The
High Court has directed the Company to pay total demand of Rs. 119.72
to Department of Sales Tax. Accordingly, the Company has made provision
in the accounts during the year for Turnover Tax payable and disclosed
the same under the head "Exceptional Items"
The Balances of trade receivables are subject to confirmation and
reconciliation. In the opinion of management, there would not be any
substantial differences on reconciliation.
11. Balance with banks include unclaimed dividend of Rs.0.44Lacs
(Previous Year Rs.0.44Lacs).
12. Fixed Deposits of Rs.lLacsarepledged with Electricity Departments
as Deposit.
13. Margin onBankFacilitiesofRs.24.72 Lacs are pledged with State Bank
of India for Non Funded Facilities granted.
14. Loans and Advances to related parties includes, working capital
advance given to 'Liquor India Limited' (Also Refer Note No. 13.1 and
Note No. 13.3) of Rs. 1,640 Lacs and'S V Distilleries Private Limited'
(Also Refer Note No. 13.2 and Note No. 13.3) of Rs. 3,387Lacs. No
interest has been charged on these loan on prudence basis.
15. During the Financial Year 2011-2012, the Company acquired 38.43%
stake in 'Liquors India Limited'. However, due to various issues with
Mr. Anil Agrawal, Managing Director of' Comfort Securities Limited'
(the Merchant Banker to the Initial Public Offerings of the Company)
and M/s Comfort Intech Limited, the Company entered into an agreement
with Mr. Anil Agrawal and 'Lemonade Shares and Securities Private
Limited' for sale of the entire undertaking. The agreement has been
challenged and Civil Suit has been filed before Ilnd Additional
District Judge, Ranga Reddy District! L. B. Nagar, Hyderabad with
prayers inter-alia to rescind the agreements as being void and restore
the parties back to the position prior to MOU dated 05-09-2012.
Pending the outcome of the Suit, the amount received from 'M/s Lemonade
Shares and Securities Private Limited' is shown under' Other Current
Liabilities'.
The liability for Gratuity to employees as at the Balance Sheet date is
determined on the basis of actuarial valuation based on Projected Unit
Credit method and is funded to a Gratuity fund administered by the
trustees and managed by Life Insurance Corporation of India. The
contribution there of paid/ payable is charged in the books of
accounts.
The employees and the Company make monthly fixed contributions to a
Provident Fund Trust, equal to a specified percentage of the covered
employee's salary: The interest rate payable by the Trust to the
beneficiaries is being notified by the Government every year. The
Company has an obligation to make good the shortfall, if any, between
the return from the investments of the trust and the notified
interstate.
In the absence of adequate information, the status of the Gratuity plan
and the Superannuation and the other Pension Plans of The Company and
the amount recognized in the Balance Sheet and Profit and Loss Account
could not be disclosed.
16. Impairment of Assets:
Assets of the Company are being tested for impairment. Considering the
internal and external sources of information, there was No indication
of potential impairment loss, and hen estimation of recoverable amount
does not arise.
17. Segment Reporting:
The company operates only in one reportable business segment namely
manufacture and sale of Indian Manufactured Foreign Liquor. The liquor
business;-incorporates the product groups (viz) IMFL and others, which
have similar risks and returns. Hence Segment reporting is not
applicable.
18. Exceptional Items: "DuringtheFinancialYear2014-2015,theHigh Court
of Madras has dismissed the pending petitions of the Company regarding
"Turnover Tax" payable to Financial Year 1999-2000, to Financial Year
2006-2007. The High Court has directed the Company to pay total demand
of Rs. 119.72 to Department of Sales Tax. Accordingly, the Company has
made provision in the accounts during the year for Turnover Tax payable
and disclosed the same under the head "Exceptional Items"
19. Taxation Matters:
The Company has received a Demand Notice from Income Tax Department
regarding Appeals filed by with the Commissioner of Income Tax
(Appeals) against the orders of the Assessing Officer; in respect of
the Assessment Year 2010-2011; on account of disallowance of
expenditure under section 40 a (ia) of the Income Tax Act, 1961. The
Department has raised a demand of Rs.138.94 Lacs for the said
assessment year. The Company has decided to file an appeal with the
Income Appellate Tribunal against the Appeal Orders issued by the
Commissioner-of Income Tax (Appeals). Further, the Company has received
a Demand Notice from Income Tax Department regarding Assessment
Proceedings for the Assessment Year 2012-2013. The Department has
raised a demand of Rs. 1,209.99 Lacs for the said assessment year. The
Company has filed an appeal with the Commissioner of Income Tax
(Appeals) against the Appeal Orders issued by the Assessing Officer:
The Company is confident of succeeding in the said petition and the
Company has also taken favorable opinion from legal experts. Hence no
provision has been made in the books of accounts and the demand raised
by the Department has been shown under "Contingent Liabilities".
In respect of other disputed liabilities pertaining to earlier years
such as Turnover Tax, Bank Guarantee amount, the amounts Have been
shown under" Contingent Liabilities" in there specie years.
Legal Cases Pertaining To The Company
The company's performance was also severely affected due to various
issues and fraudulence committed by Mr. Anil Agrawal, Managing Director
of M/s. Comfort Securities Limited, M/s. Comfort Intech Limited and his
associates against the Company
Your Company has filed complaints against Mr. Anil Agrawal, M/s.
Comfort Securities Ltd., Merchant Bankers, M/s. Comfort Intech Ltd. And
rioter group companies with the foUowmg authorities.
1. A Civil Suit OS No. 103/2013 and LA. No. 405/2013 before 2nd
Additional District Judge, Ranga Reddy District, L.B. Nagar, Hyderabad
with prayers:
a. To rescind the agreements as being void and restore the parties
back to the position prior to the MOU dated 05.09.2012.
b. To declare the notice for EGM dated 05.02.2013 as null and void and
illegal. The court has passed an order restraining Mr. Anil Agrawal
from holding the EGM till further orders in the case of M/s.
Liquors India Ltd.,
c. LA. No. 1453 of 2013 filed with Ilnd Additional District Judge,
Ranga Reddy District, L.B. Nagar, Hyderabad praying not to alienate,
encumber assets of M/s. Liquors India Ltd.
d. LA. No. 1452 of 2013 filed with Ilnd Additional District Judge,
Ranga Reddy District, L.B. Nagar, Hyderabad praying not to alter the
Board.
i. The Court has passed interim order in IA No.1452 & 1453, not to
alienate, encumber assets of LIL and not to alter the Board.
ii. Mr. Anil Agrawal filed appeal in High Court, Hyderabad and HC
permitted to sub-lease with third parties.
iii. Aggrieved by this order, your company filed SLP with the Supreme
Court of India against the above order. The Supreme Court has stayed
the High Court Order till further hearings.
e. LA. No. 654of 2015 inOSno. 103/2013 filed with Ilnd Additional
District Judge, Ranga Reddy District, L.B.Nagar, Hyderabad praying to
appoint Official Receiver conferring powers on the receiver for the
management, protection, collection of profits and improvement of M/s.
Liquors India Limited. Thecase is in argument stage.
20. Writ Petition No. 12713 of 2014 with the Hon'ble High Court, Andhra
Pradesh praying License of Liquors India Limited issued by the Excise
Department should be cancelled and sub-lease agreement also be
cancelled. The order has been passed that all transactions including
financial transactions between Mr. Anil Agrawal and Tilaknagar
Industries Limited shall be booked and recorded faithfully pending
further consideration of this
W.PM.PNo.l5944of2014inW.PNo.l2713of2014.Mr.AnilAgrawal and Tilaknagar
Industries Limited shall not create any charge or third party interest
relating to the assets of Liquors India Limited.
21. You company has filed a Complaint with the Commissioner of Police,
Hyderabad against the fraud and cheating committed by Mr. Anil Agrawal.
The Police has registered the FIR No.248/2013 dated 23.08.2013 against
Mr. Anil Agrawal and others under Section406-IPC, 420-IPC, 447-IPC,
385-IPC, 386-IPC, 467-IPC, 468-IPC, 469-IPC, 471-IPC, 120B-IPC, 34-IPC.
a) Mr. Anil Agrawal has filed C.P No. 11292 of 2013 in the High Court
of Hyderabad against FIR No. 248/2013 dated 23.08.2013 and High Court
passed order to complete the investig ation with out arresting Mr. Anil
Agrawal and others.
22. Your company has filed a Complaint with EOW, Mumbai for cheating
and money laundering to recover company's money of Rs. 33.73crores.
EOW has registered FIR No.34/14 dated 21.01.2014 under section
409,420,465,467,468,471,474,120(B).
a. Mr. Anil Agrawal filed W.P No. 2059 of 2014 in High Court of Mumbai
and the Court has declared that the FIR registered by EOW is not
maintain able since Nacharam Police Station has registered the FIR
first.
i. Aggrieved by delay in investigation by the Hyderabad Police and
order by the High Court, Mumbai, Your company has filed.
a. Two SLPs with the Supreme Court of India against High Court of
Mumbai order and delay in investigation by Hyderabad Police. These SL
Ps have been taken by the Supreme Court and the next hearing is
onl4.09.2015.
23. Your company has filed a Complaint with SEBI, Mumbai against BRLM
M/s. Comfort Securities Ltd., (DP) promoted by Mr. Anil Agrawal for
violations of SEBI Regulations and others.
24. Your company has filed a Recovery suits No. SL/1135, 1136, 1137,
1138 and 1139 of 2013 filed against M/s. Ranisati Dealer PvtLtd., M/s.
Vibhuti Multi Trade Pvt. Ltd., M/s. Gulistan Vanijya Pvt.Ltd., M/s.
Sukusama Trading and Investments Pvt.Ltd. andM/s.BLC Trading and
Agencies Pvt. Ltd. in the High Court of Mumbai. Matter pending before
the court.
25. Your company has filed a Complaint with Enforcement Directorate,
Mumbai to investigate the frauds committed by Mr. Anil Agrawal and his
companies. Enforcement Directorate has initiated enquiries against Mr.
Anil Agrawal, his companies and others under the provisions of
prevention of Money aundering Act 2002 on the basis of the FIR No.34/14
dated 21.01.2014.
26. Your company has filed a Complaint with RBI and Ministry of Finance
to appoint officer to investigate the affair of CIL and cancel the
License to act as NBFC for violating the guidelines. RBI has cancelled
the NBFC License of Comfort Intech Limited based on forgery and
mis-representation by CIL in some other different matter for forging
and fabricating RBI documents.
27. Your company has filed a Complaint with The Police Commissioner of
Chennai against the fraud and cheating committed by Mr. Anil Agrawal.
Mr. Anil Agrawal filed Writ Petition No. 32829 of 2013 with High Court
of Chennai to direct the Police, Chennai not to proceed further with
the investigation. The matter is pending before the Court.
28. Your company has filed a Petition Under section 111 A r/w 111(4)
of the Companies Act filed before the Company Law Board, Chennai in the
matter of Liquor lndia Limited, Mr. Anil Agrawal and others. Matter is
pending before the CLB.
Mr. Anil Agrawal has filed complaints against the company with the
following authorities:
1. The Company Law Board, Chennai under section 397, 398, 235(2) and
237(b) of the Companies Act, 1956. The Company has filed counter and
the matter is pending before the CLB.
2. Mr. Anil Agrawal filed a Counter Complaint with Hyderabad Police
against Mr. R.V. Ravikumar. The Hyderabad Police have not considered
the complaint since there was no substance. Aggrieved, Mr. Anil Agrawal
filed W.P No. 7956 of 2014 filed with Hon'ble High Court, Andhra
Pradesh to register the complaint filed by him against Mr. R.V.
Ravikumar with Hyderabad Police. The Police have submitted their report
to the High Court, Hyderabad stating that there is no substance in the
Complaint. The matter is pending before the court without further date.
3. Mr. Anil Agrawal has filed a Counter Complaint with Malad Police
Station, Mumbai against the company and its Directors. Preliminary
enquiry was conducted by the Malad Police and since there was no
substance in the Complaint, Malad Police Did not pursue further.
4. M/s. First Financial Services Limited, Chennai has filed O.S. No.
6602 of 2013 alleging mis-management of the company. The court has
rejected the suit.
5. M/s. Tilaknagar Industries Limited - accused A7, A8 and A9 in the
Hyderabad Police FIR, filed W.P. No. 4945 of 2014 with the Hon'ble High
Court, Andhra Pradesh to stay all further proceedings of the FIR. The
W.P. is pending for admission.
29. Previous Year Figures:
The financial statements for the year ended March 31,2015 have been
prepared as per Schedule III of the Companies Act, 2013. The figures
for the previous year have been regrouped, reclassified or rearranged
to meet the recognition and measurement principles followed for
preparation of financial statements.
|