Our endeavour is to enhance Stakeholders' Value - Uflex Ltd.
Our endeavour is to enhance Stakeholders' Value - Uflex Ltd.
Our endeavour is to enhance Stakeholders' Value - Uflex Ltd.
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DIRECTOR’S AUDITORS’ REPORT<br />
5. (a) According <strong>to</strong> the information and explanations given <strong>to</strong><br />
us, the particulars of contracts or arrangements referred<br />
<strong>to</strong> in section 301 of the Companies Act, 1956, have been<br />
entered in the reg<strong>is</strong>ter required <strong>to</strong> be maintained under<br />
that Section.<br />
6.<br />
(b) In our opinion and according <strong>to</strong> the information and<br />
explanations given <strong>to</strong> us, the transactions made in<br />
pursuance of contracts or arrangements entered in the<br />
reg<strong>is</strong>ter maintained under section 301 of the Companies<br />
Act, 1956 and exceeding the value of Rs. Five Lacs in<br />
respect of a party, during the year, have been made at<br />
prices which are reasonable having regard <strong>to</strong> prevailing<br />
market prices at the relevant time.<br />
The Company has not accepted any deposit, during the year,<br />
under the prov<strong>is</strong>ions of Section 58A & 58AA of the Companies<br />
Act, 1956 and the rules framed there-under.<br />
7. The internal audit of the Company has been conducted<br />
by an independent fi rm of Chartered Accountants and in<br />
our opinion; the company has an internal audit system,<br />
commensurate with the size and nature of its business.<br />
8. The Company has made and maintained Cost Records &<br />
Accounts, concerning polyester chips activity carried on by<br />
the Company, in respect of which, the Central Government<br />
has prescribed the maintenance of cost records under section<br />
209 (1) (d) of the Companies Act, 1956.<br />
9. (a) According <strong>to</strong> the records of the Company, it <strong>is</strong> regular<br />
in depositing with appropriate authorities und<strong>is</strong>puted<br />
statu<strong>to</strong>ry dues including provident fund, inves<strong>to</strong>r<br />
education and protection fund, employees’ state<br />
(b)<br />
insurance, income tax, sales tax, wealth tax, service tax,<br />
cus<strong>to</strong>m duty, exc<strong>is</strong>e duty, cess and other applicable<br />
statu<strong>to</strong>ry dues.<br />
According <strong>to</strong> the information and explanations given <strong>to</strong><br />
us, there are no und<strong>is</strong>puted amounts payable in respect<br />
of provident fund, inves<strong>to</strong>r education and protection<br />
fund, employees’ state insurance, income tax, sales tax,<br />
wealth tax, service tax, cus<strong>to</strong>m duty, exc<strong>is</strong>e duty, cess<br />
and other applicable statu<strong>to</strong>ry dues, as at the year end;<br />
for a period more than six months from the date they<br />
became payable.<br />
(c) According <strong>to</strong> the information and explanation given <strong>to</strong><br />
us, there are no dues of cus<strong>to</strong>m duty, wealth tax and<br />
cess, which have not been deposited on account of any<br />
d<strong>is</strong>pute. However following amounts are involved (Gross<br />
of amount deposited under protest, if any) with undermentioned<br />
forums, in respect of the d<strong>is</strong>puted statu<strong>to</strong>ry<br />
dues:-<br />
(i) Aggregate Sales Tax of Rs.413.28 lacs, pending<br />
before (a) Various High Courts (Rs. 233.74 lacs) (b)<br />
Tribunal (Rs.50.95 lacs) (c) Joint Comm<strong>is</strong>sioner<br />
(Appeals) (Rs. 0.90 lacs) & (d) Assessing Authorities<br />
(Rs.127.69 lacs)<br />
(ii) Aggregate Income Tax of Rs. 155.02 Lacs, pending<br />
before (a) Tribunal (Rs.116.20 lacs) & (b) CIT (Appeals)<br />
(Rs. 38.82 Lacs).<br />
(iii) Aggregate Exc<strong>is</strong>e duty of Rs.4770.47 lacs, pending<br />
before (a) Supreme Court (Rs.11.10 lacs) (b) Tribunal<br />
(Rs.2990.87 lacs) (c) Various High Courts (Rs.1335.02<br />
lacs), (d) Comm<strong>is</strong>sioner (Appeals) (Rs.220.44 lacs)<br />
& (e) Assessing/ original adjudicating Authorities<br />
(Rs.213.04 Lacs).<br />
UFLEX LIMITED<br />
10. The Company has neither accumulated losses as at the year<br />
end nor it has incurred cash losses in the fi nancial year under<br />
report and in the immediately preceding fi nancial year.<br />
11. The Company has not defaulted in repayment of dues <strong>to</strong><br />
banks or debenture holders or fi nancial institutions.<br />
12. The Company has not granted loans and advances, on the<br />
bas<strong>is</strong> of security by way of pledge of shares, debentures<br />
and other securities. However the Company has maintained<br />
adequate records in respect of advance, by way of security<br />
deposit, granted <strong>to</strong> one party, in earlier years and outstanding<br />
as at the year-end, against the pledge of shares.<br />
13. The Company <strong>is</strong> not a chit fund, nidhi or mutual benefi t<br />
fund/society. Therefore the prov<strong>is</strong>ions of clause 4(xiii) of the<br />
Companies (Audi<strong>to</strong>r’s Report) Order, 2003 are not applicable<br />
<strong>to</strong> the Company.<br />
14. The Company has not dealt or traded in shares, securities,<br />
debentures and other investments during the year.<br />
However, it has maintained proper records in respect of<br />
shares and other investments and are held in the name of<br />
the Company.<br />
15. The Company has given Corporate guarantee for facilities<br />
taken by one of its step down Subsidiary from a Bank. On the<br />
bas<strong>is</strong> of representation and explanations, provided <strong>to</strong> us, we<br />
are of the opinion that the terms and conditions thereof are<br />
not prima-facie prejudicial <strong>to</strong> the interest of the company.<br />
16. The Company has not ra<strong>is</strong>ed any term loans during the year.<br />
Further funds ra<strong>is</strong>ed during earlier years through Foreign<br />
Currency Convertible Bonds, which were temporarily invested<br />
in the Fixed Deposits with the Banks, pending utilization, were<br />
applied for the purpose during the year for which the same<br />
were ra<strong>is</strong>ed.<br />
17. According <strong>to</strong> the information and explanations given <strong>to</strong> us<br />
and on an overall examination of the Balance Sheet of the<br />
Company, we report that the funds ra<strong>is</strong>ed on short-term bas<strong>is</strong><br />
have not been used for long-term investment.<br />
18. During the year, the Company has not made preferential<br />
allotment of shares <strong>to</strong> parties and companies covered in the<br />
reg<strong>is</strong>ter maintained under Section 301 of the Companies Act,<br />
1956.<br />
19. Security and Charges has been created in respect of debentures<br />
<strong>is</strong>sued by the Company except in respect of 18% Cumulative<br />
Debentures having face value of Rs.482.90 Lacs pending <strong>is</strong>suance<br />
of certifi cate <strong>to</strong> a fi nancial institution pursuant <strong>to</strong> Negotiated<br />
Settlement Scheme of its outstanding loans, specifi c charge or<br />
security <strong>is</strong> yet <strong>to</strong> be created.<br />
20. The Company has not ra<strong>is</strong>ed any money by public <strong>is</strong>sue during<br />
the year.<br />
21. To the best of our knowledge and belief and according <strong>to</strong> the<br />
information and explanation given <strong>to</strong> us, no fraud on or by the<br />
Company was noticed or reported during the year.<br />
For VIJAY SEHGAL & CO.,<br />
Chartered Accountants<br />
Place : NOIDA CA. S.V.SEHGAL<br />
Dated : 30 th July, 2009 Partner<br />
Membership No. 080329<br />
TWENTIETH ANNUAL REPORT 2008 - 2009<br />
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C O M P A N Y