(ix)and are of the opinion that, prima facie, the prescribed accounts and records have been made and maintained. However, we havenot made a detailed examination of the records with a view to ensure whether they are adequate or complete.(a) According to the information and explanations given to us and on the basis of our examination of the records of the Company,amounts deducted/accrued in the books of account in respect of undisputed statutory dues including Provident Fund,Employees’ State Insurance, Income tax, Sales tax, Service tax, Customs duty, Excise duty, Investor Education and ProtectionFund and other material statutory dues, as applicable, have generally been regularly deposited during the year by the Companywith the appropriate authorities. As explained to us, the provisions of Wealth tax are not applicable to the Company.According to the information and explanations given to us, no undisputed amounts payable in respect of Provident Fund,Employees’ State Insurance, Income tax, Sales tax, Service tax, Customs duty, Excise duty, Investor Education and ProtectionFund and other material statutory dues, as applicable, were in arrears as at 31 March 20<strong>13</strong> for a period of more than six monthsfrom the date they became payable.(b) According to the information and explanations given to us, there are no dues in respect of Service tax which have not beendeposited with the appropriate authorities on account of any dispute. According to the information and explanations given tous, the following dues of Income tax, Sales tax, Customs duty and Excise duty have not been deposited by the Company onaccount of disputes:Name of theStatuteCentral ExciseAct, 1944Central ExciseAct, 1944Central ExciseAct, 1944Central SalesTax Act, 1956The KeralaSales Tax Act,1963Tamil NaduGeneral SalesTax Act, 1959Nature of theduesAmounts(Rs. lakhs)Amounts paidunder protest(Rs. lakhs)Period to whichthe amount relates(Financial year)Forum where dispute ispendingExcise duty(Cenvat credit)Penalty43437 1995-96 to1998-99CESTAT, New DelhiExcise duty 16- 1999-2000 to 2000-01 Supreme CourtPenalty 1Excise duty 6 5 1992-93 and 1996-97 Deputy Commissioner,Central ExciseSales Tax 59 - 1994-95 Deputy Commissioner –Commercial taxSales Tax 1 - 1995-96 Assistant Commissioner– Sales TaxSales Tax 8 - 1992-93 to 1993-94 Commercial taxation officerAndhra PradeshSales Tax Act,1957Karnataka SalesTax Act, 1957Tamil NaduGeneral SalesTax Act, 1959CustomsAct,1962The KeralaValue AddedTax Rules, 2005The MP ValueAdded TaxThe KeralaValue AddedTax Rules, 2005Income Tax Act,1961 *Income Tax Act,1961 *Income Tax Act,1961 */**Sales Tax 1 - 1995-96 Commercial taxation officerCess 1 - 1995-96 Deputy Commissioner –Commercial taxesSales Tax 9 9 2002-03 High Court, ChennaiCustoms duty 8 8 1995-96 Commissioner, Customs(Appeals)Sales Tax 1 1 2009-10 AssistantSales Tax 7 1 2009-10 M.P VAT AuthoritySales Tax 20 - 2010-11 Kerala VAT AuthorityIncome Tax 610 - 2001-02 Income tax AppellateTribunalIncome Tax 786 - 2002-03 Income tax AppellateTribunalIncome Tax 397 - 2003-04 Income tax AppellateTribunal26
Name of theStatuteIncome Tax Act,1961 *Income Tax Act,1961 *Income Tax Act,1961 *Income Tax Act,1961 *Income Tax Act,1961 *Nature of theduesAmounts(Rs. lakhs)Amounts paidunder protest(Rs. lakhs)Period to whichthe amount relates(Financial year)Forum where dispute ispendingIncome Tax 329 - 2004-05 Income tax Appellate TribunalIncome Tax 341 - 2005-06 Income tax Appellate TribunalIncome Tax 75 - 2006-07 Commissioner of IncomeTax, (Appeals)Income Tax 2,000 - 2007-08 Commissioner of IncomeTax, (Appeals )Income Tax 2,686 - 2008-09 Commissioner of IncomeTax, (Appeals )* Represents additions made to the total taxable income of the Company by the tax authorities which have been disputed by theCompany. No demand has been raised by the tax authorities as any additions to the income will be adjusted against the broughtforward losses / unabsorbed depreciation.** Total addition of Rs. 397 lakhs made to the total income of the Company for the financial year 2003-04, out of which Commissionerof Income Tax, (Appeals) has passed an order dated 23 March <strong>2012</strong> allowing a partial relief in favour of the Company andhas directed the Assessing Officer (AO) / Transfer Pricing Order (TPO) to make necessary adjustments. As informed to us, theCompany has not received the amended tax order from the AO/TPO after incorporation of the above changes. Further, duringthe current year, the tax department has filed an appeal in Income tax Appellate Tribunal against the order of Commissioner ofIncome Tax, (Appeals). The proceedings are under process.(x) The Company’s accumulated losses do not exceed fifty percent of its net worth. However, the Company has incurred cash lossesduring the financial year. The Company has not incurred cash losses in the immediately preceding financial year.(xi) In our opinion and according to the information and explanations given to us, the Company has not defaulted in the repayment ofdues to its bankers during the year. The Company did not have any debentures or dues to any financial institution during the year.(xii) According to the information and explanations given to us, the Company has not granted any loans and advances on the basis ofsecurity by way of pledge of shares, debentures and other securities.(xiii) According to the information and explanations given to us, the Company is not a chit fund or a nidhi/ mutual benefit fund/society.(xiv) According to the information and explanations given to us, the Company is not dealing or trading in shares, securities, debenturesand other investments.(xv) According to the information and explanations given to us, the Company has not given any guarantees for loans taken by othersfrom banks or financial institutions.(xvi) According to the information and explanations given to us, the Company did not have any term loans outstanding during the year.(xvii) According to the information and explanations given to us and on an overall examination of the balance sheet of the Company, weare of the opinion that the funds raised on short-term basis have not been used for long-term investment.(xviii) The Company has not made any preferential allotment of shares during the year to companies/firms/parties covered in the registermaintained under Section 301 of the Companies Act, 1956.(xix) The Company did not have any outstanding debentures during the year.(xx) The Company has not raised any money by way of public issues during the year.(xxi) According to the information and explanations given to us, no fraud on or by the Company has been noticed or reported during thecourse of our audit.For B S R & Co.Chartered AccountantsFirm Registration No.: 101248WVikram AdvaniPlace: GurgaonPartnerDate: 30 May 20<strong>13</strong> Membership No.: 09176527