Mar 31, 2014
1. Contingent liabilities not provided for:
a. Liability that may arise towards interest as claimed by ESIC is to
the extent of Rs.3.50 lacs for the period April 2001 to Sept. 2005.
b. The Provident Fund Department has issued a Show Cause Notice cum
Levy Order dated 01.03.2013 to Alacrity Foundations (P) Ltd seeking
payment of interest relating to the Company of Rs.28,65,390/- u/s. 7Q of
the Employees'' Provident Funds & Miscellaneous Provisions Act, 1952 for
delayed remittance of monthly contributions and Rs.32,70,851/- for
penalty u/s. 14B of the Act for delayed payment of monthly
contributions. Rs.28,65,390/- has been provided for in the books of
accounts. No provision is made for the penalty as the Com- pany, given
its financial circumstances, has filed an appeal with the Provident
Fund Appellate Tribunal, New Delhi for a waiver of penalty and damages.
c. The Company had preferred an appeal for income tax demand for the
assessment year (AY) 1993-94 amounting to Rs. 27.10 Lacs excluding
interest and penalty thereon with the High Court of Madras. The Hon''ble
Court allowed the appeal in favour of the Company. The Company is
awaiting revised orders from the assessing officer deleting the demand
for tax and interest. As per letter dated 13.10.2006, the Tax
authorities had further demanded payment of Rs.243.57 lacs including
interest of Rs.32.47 lacs and penalty of Rs.184 lacs for the above AY
1993- 94. The Company had received order dated 12.10.2011 from the
Commissioner of Income-Tax, (A)-lll, Chennai deleting the demand for
penalty to the extent of Rs.184 lacs.
No provision has also been made for the tax demand of Rs.289.78 lacs
including interest of Rs. 44.20 lacs for the AY 1994- 95 which arose
due to the disallowance of the brought forward loss and unabsorbed
depreciation of the AY 1993-94. The Company is awaiting the revised
assessment orders in its favour in the light of the above High Court
order.
No provision has also been made for the tax demands for the AY 1995-96
of Rs.39.55 lacs (including interest of Rs.6.03 lacs) which is also
consequent to the disallowance of the brought forward loss for AY
1993-94 and the Company is awaiting revised assessment orders in its
favour.
d. Interest claim of about Rs.27.11 lacs made by creditors/customers
disputed by the Company in courts.
e. Claim against the company of Rs.20 lacs made by a landowner of a
property, disputed by the company.
2. The balance shown as dues from Debtors represents the money due
mostly from customers with whom the Company had entered into agreements
before 2003-04 for many of whom the company would have to execute sale
deeds after getting various clearances and hence considered recoverable
and no provision made there against even though due for a long period
of time.
3. Presently, a total of 37 cases are pending against the company by
customers, creditors and other parties before various courts including
the State & District Consumer Forum, Metropolitan Magistrate Court,
District Munsif Court, Fast Track Court, City Civil Court and High
Court of Madras for non-fulfillment of certain obligations by the
company. Suitable provisions to the extent of Rs.500.92 lacs (Rs. 530.32
lacs) have been made in the accounts wherever judgments have gone
against the company and remain undisputed. Value of claims against the
company for which no provision has been made since they are under
dispute amounted to Rs.91.35 lacs as at 31.03.2014.
4. Unsecured loan includes a loan viz. Chakiat Agencies Pvt Ltd (Rs. 9.56
lacs) who has approached the courts seeking repayment of loan dues. No
provision is made towards interest on the unsecured loan from the year
2003-04.
5. Sundry Creditors include dues to Small Scale Industrial Undertakings
Rs. 9.24 lacs (Rs. 9.24 lacs). The Small Scale Industrial Undertakings to
whom the amount outstanding for more than 30 days, such due exceeding Rs.
1 lac are as follows:
31.03.2014 (in Lacs) 31.03.2013 (in Lacs)
1 Kailash Hi-Tech Timber
India Ltd 1.53 1.53
2 Prosteel Industries 5.63 5.63
3 The Mayuram Timber &
General Trading Co. 2.08 2.08
6. Note on Secured Loans:
a. ICICI Bank Ltd - Rs. 1359.91 lacs: The loan outstanding as per books
of account as at 31.03.2014 is Rs. 1359.91 lacs after payments amounting
to Rs. 531 lacs by Land Marvel Homes (LMH) to whom the Company had
transferred Project Paramount Gardens'' (Saligramam) development rights
with related liabilities vide agreement dated 31.03.2005. The bank has
filed an application before the Debt Recovery Tribunal (DRT). The bank
had earlier issued notice under the Securitization and Reconstruction
of Financial Assets & Enforcement of Securities Inter- est Act 2002
(SARFAESI) dated 10.07.2008 to recover an amount of Rs.4070.12 lacs
including interest up to 22nd May 2008. The claim of the Bank towards
interest, penalties and other charges is disputed by the Company and no
provision made there against. The properties held by ICICI Bank as
collateral security are i) Property in Perambur ii) 55.52% undivided
share in the 129 grounds at West Mogappair and 39 flats under
construction (from which the Bank ceded 11.84% undivided share to State
Bank of Indore). (Note: The landowners who hold 23.86% ownership of the
undivided share have not cooperated with the Company for registering
the sale deeds in favour of 175 flat owners, 18 of whom have filed
suits in various courts for registration of sale deeds) iii) The bank
holds a first charge on the property at No 25, Thirumalai Road, Chennai
- 600 017 belonging to Alacrity Foundations Private Limited''
b. State Bank of Hyderabad - Rs. 118.56 lacs: The Bank has obtained an
order dated 03.02.2010 from the Debt Recovery Tribunal (DRT) directing
the Company to pay the Bank Rs. 118.56 lacs including interest @ 15% p.a.
until 03.02.2010. 7118.56 lacs has been provided for by the Company in
its books of accounts. No provision has been made in the books for
interest after 03.02.2010 since the Company is confident of getting
necessary waiver from the Bank.
c. Union Bank of India - Rs. 1216.70 lacs: The Bank has obtained an order
from the Debt Recovery Tribunal (DRT) directing the Company to pay the
Bank Rs. 1216.70 lacs including interest upto 19.12.2008. Rs. 1216.70 lacs
has been provided for by the Company in its books of accounts. No
provision has been made in the books for interest after 19.12.2008
since the Company is confident of getting necessary waiver from the
Bank.
d. Phoenix ARC Private Limited - the Asset Reconstruction Company had
been assigned the Company''s debt and accrued interest thereon along
with underlying security earlier by State Bank of India to the extent
of 11.84% on the Mogappair (Tarangini project), vide Registrar of
Companies, Certificate of Registration for Modification of Mortgage,
u/s 132 read with section 135 of the Companies Act, 1956. State Bank of
India had earlier obtained an order dated 25.10.2010 from the Debt
Recovery Tribunal (DRT) directing the Company to pay the Bank Rs. 585.45
lacs with further interest @ 13.5% p.a from 11.07.2005 until date of
settlement. Rs. 585.45 lacs has been provided for by the Company in its
books of accounts. No provision has been made in the books towards
further interest from 11.07.2005 since the Company is confident of
getting necessary waiver now from Phoenix.
7. Status on other Bank Loans
a. Citibank N.A.: The principal amount of Rs. 560 lacs of unsecured loan
facility (employee home loans converted vide agreement dated
02.08.2006) is remaining outstanding to the Bank. Even though the Bank
has claimed a total due of Rs. 2653.90 lacs as at 31.03.2014 including
interest at a compounded rate of 9%, no interest is provided in the
books of account since the Company is confident of getting necessary
waiver from the 6ank.
b. State Bank of Indlia: The principal loan amount of Rs.97 lacs (balance
after repayment by Jam Housing A Constructions Ltd (JHCL) of Rs. 283 lacs
to the Bank of the employee home loans converted after transferring
project Prasan''s development rights with related liabilities to JHCL
vide Agreement dated 06.10.2005) is / remaining outstanding to the
Bank. No interest is provided in the books of account since the Company
is confident of getting necessary waiver from the Bank. The Bank has
obtained an order dated 09.04.2012 from the Debt Recovery Tribunal
(DRT) claiming a total of Rs. 216 lacs with further interest @> 10.25%
from 04.03.2011. The Bank holds a second charge on the property at No
25, Thirumalai Road, Chennai - 600 017 belonging to Alacrity
Foundations Private Limited, (Company in which two of the Directors of
the Company are Directors).
8. The Company is engaged in the business of promoting, developing and
construction of residential flats which is the significant business
segment. There is no other business segment.
9. Due to financial difficulties, the Company had to stop its business
of full fledged construction activities during 2003-04. The accounts
have been prepared now taking the present position into account as a
"going concern" since the Board of Directors are confident that the
Company can be revived in due course of time.
10. The present value of gratuity obligation and superannuation
benefits payable is not recognized as expense by the Company. The
Company shall meet its gratuity and other employee retirement benefits
as and when the concerned employee retires. Accordingly, no provision
has been made in the accounts of the Company towards employee benefits
including gratuity. The company has not deposited the provision created
upto March 2004 for Rs. 28.66 lacs towards superannuation fund.
13. Previous year''s figures have been regrouped and rearranged wherever
necessary in order to make them
comparable with the current year''s figures. .
14. Balances under sundry debtors, sundry creditors and loans and
advances remain to be confirmed and in
absence of evidence to the contrary, book balances have been taken as
correct subject to the notes given above. .
15. Related party disclosures under Accounting Standard 18:
Key managerial persons (KMP),
their relatives'' 1. Ashok R Karnad - Managing Director
names
2. Ajit Hattikudur - Director
3. Dilip Dharmasthal - Director
Relatives of key managerial person
1. Sunil Karnad
2. Nita Hattikudur
16. Since the Company is in losses, there is NIL Liability towards
Deferred Tax. No Deferred Tax Asset has also been created as there is
no reasonable certainty that the Deferred Tax Asset can be set-off
against future income.
17. The nature of business carried on by the Company, viz. construction
activity is such that furnishing quantitative details relating to
consumption / stock of building materials is not feasible.
18. The Company could not fulfill the requirements of Section 383A of
the Companies Act, 1956 relating to appointment of Company Secretary
for the Company due to financial difficulties.
20. Figures in brackets represent previous year''s figures.
Mar 31, 2013
1. Contingent liabilities not provided for:
a. Liability that may arise due to the recovery proceedings initiated
by the Provident Fund authorities on Alacrity Foundations Private
Limited (AFPL) for recovery of employee/employer PF and pension
contributions amounting to ^9.03 lacs for the financial year 2003-04
towards employees seconded to the Company by AFPL. Also the Liability
that may arise in respect of PF Contribution estimated at Rs.0.87 Lacs
(Rs.0.87 Lacs) for the period 01.07.1992 to 30.04.1995 relating to
temporary and casual workers of the contractor employed in the
construction work undertaken by the Company, settlement of which
depends on the decision of the competent authority constituted for this
purpose. Further liability that may arise towards interest as claimed
by ESIC is to the extent of Rs.3.50 lacs for the period April 2001 to
Sept. 2005.
b. The Provident Fund Department has issued a Show Cause Notice cum
Levy Order dated 01.03.2013 to Alacrity Foundations (P) Ltd seeking
payment of interest of Rs. 28,65,390/- u/s. 7Q of the Employees''
Provident Funds &. Miscellaneous Provisions Act, 1952 for delayed
remittance of monthly contributions and Rs. 32,70,851/- for penalty
u/s. 14B of the Act for delayed payment of monthly contributions. Rs.
28,65,390/- has been provided for in the books of accounts. No
provision is made for the penalty as the Company, given its financial
circumstances, is confident of getting a waiver from the department.
c. The Company had preferred an appeal for income tax demand for the
assessment year (AY) 1993-94 amounting to Rs.27.10 Lacs excluding
interest and penalty thereon with the High Court of Madras. The Hon''ble
Court allowed the appeal in favour of the Company. The Company is
awaiting revised orders from the assessing officer deleting the demand
for tax and interest. As per letter dated 13.10.2006, the Tax
authorities had further demanded payment of Rs.243.57 lacs including
interest of Rs.32.47 lacs and penalty of Rs.184 lacs for the above AY
1993-94. The Company had received order dated 12.10.2011 from the
Commissioner of Income-Tax, (A)-lll, Chennai deleting the demand for
penalty to the extent of Rs.184 lacs.
No provision has also been made for the tax demand of Rs.289.78 lacs
including interest of Rs.44.20 lacs for the AY 1994-95 which arose due to
the disallowance of the brought forward loss and unabsorbed
depreciation of the AY 1993-94. The Company is awaiting the revised
assessment orders in the light of the above High Court order.
No provision has also been made for the tax demands for the AY 1995-96
of ^39.55 lacs (including interest of Rs. 6.03 lacs) which is also
consequent to the. disallowance of the brought forward loss for AY
1993-94 and the Company is awaiting revised assessment orders in its
favour.
d. Interest claim of about ^27.11 lacs made by creditors/customers
disputed by the Company in courts.
e. Claim against the company of Rs.20 lacs made by a landowner of a
property, disputed by the company.
2. The balance shown as dues from Debtors represents the money due
mostly from customers with whom the Company had entered into agreements
before 2003-04 for many of whom the company would have to execute sale
deeds after getting various clearances and hence considered recoverable
and no provision made there against even though due for a long period
of time.
3. Presently, a total of 43 cases are pending against the company by
customers, creditors and other parties before various courts including
the State & District Consumer Forum, Metropolitan Magistrate Court,
District Munsif Court, Fast Track Court, City Civil Court and High
Court of Madras for non-fulfillment of certain obligations by the
company. Suitable provisions to the extent of Rs.530.32 lacs (Rs.597.24
lacs) have been made in the accounts wherever judgments have gone
against the company and remain undisputed . Value of claims against the
company for which no provision has been made since they are under
dispute amounted to Rs.107.35 lacs as at 31.03.2013.
4. Unsecured loan includes a loan viz. Chakiat Agencies Pvt Ltd (Rs.9.56
lacs) who has approached the courts seeking repayment of loan dues. No
provision is made towards interest on the unsecured loan from the year
2003-04.
5. Note on Secured Loans :
a. ICICI Bank Ltd - Rs.1359.91 lacs: The loan outstanding as per books
of account as at 31.03.2013 is Rs.1359.91 lacs after payments amounting
to Rs.531 lacs by Land Marvel Homes (LMH) to whom the Company had
transferred Project Paramount Gardens'' (Saligramam) development rights
with related liabilities vide agreement dated 31.03.2005. The bank has
filed an application before the Debt Recovery Tribunal (DRT). The bank
had earlier issued notice under the Securitization and Reconstruction
of Financial Assets & Enforcement of Securities Inter- est Act 2002
(SARFAESI) dated 10.07.2008 to recover an amount of Rs.4070.12 lacs
including interest up to 22nd May 2008. The claim of the Bank towards
interest, penalties and other charges is disputed by the Company and no
provision made there against. The properties held by ICICI Bank as
collateral security are i) Property in Perambur ii) 55.52% undivided
share in the 129 grounds at West Mogappair and 39 flats under
construction (from which the Bank ceded 11.84% undivided share to State
Bank of Indore). (Note: The landowners who hold 23.86% ownership of the
undivided share have not cooperated with the Company for registering
the sale deeds in favour of 175 flat owners, 18 of whom have filed
suits in various courts for registration of sale deeds) iii) The bank
holds a first charge oh the property at No 25, Thirumalai Road, Chennai
- 600 017 belonging to Alacrity Foundations Private Limited
b. State Bank of Hyderabad - Rs.118.56 lacs: The Bank has obtained an
order dated 03.02.2010 from the Debt Recovery Tribunal (DRT) directing
the Company to pay the Bank Rs.118.56 lacs including interest @ 15% p.a.
until 03.02.2010. Rs.118.56 lacs has been provided for by the Company in
its books of accounts. No provision has been made in the books for
interest after 03.02.2010 since the Company is confident of getting
necessary waiver from the Bank.
c. Union Bank of India - Rs.1216.70 lacs: The Bank has obtained an order
from the Debt Recovery Tribunal (DRT) directing the Company to pay the
Bank Rs.1216.70 lacs including interest upto 19.12.2008. Rs.1216.70 lacs
has been provided for by the Company in its books of accounts. No
provision has been made in the books for interest after 19.12.2008
since the Company is confident of getting necessary waiver from the
Bank.
d. Phoenix ARC Private Limited - the Asset Reconstruction Company had
been assigned the Company''s debt and accrued interest thereon along
with underlying security earlier by State Bank of India to the extent
of 11.84% on the Mogappair (Tarangini project), vide Registrar of
Companies, Certificate of Registration for Modification of Mortgage,
u/s 132 read with section 135 of the Companies Act, 1956. State Bank of
India had earlier ob- tained an order dated 25.10.2010 from the Debt
Recovery Tribunal (DRT) directing the Company to pay the Bank Rs.585.45
lacs with further interest @ 13.5% p.a from 11.07.2005 until date of
settlement. Rs.585.45 lacs has been provided for by the Company in its
books of accounts. No provision has been made in the books towards
further interest from 11.07:2005 since the Company is confident of
getting necessary waiver now from Phoenix.
6. Status on other Bank Loans
a. Citibank N.A.: The principal amount of Rs.560 lacs of unsecured loan
facility (employee home loans converted vide agreement dated
02.08.2006) is remaining outstanding to the Bank. Even though the Bank
has claimed a total due of Rs.2653.90 lacs as at 31.03.2013 including
interest at a compounded rate of 9%, no interest is provided in the
books of account since the Company is confident of getting necessary
waiver from the Bank.
b. State Bank of India: The principal loan amount of Rs.97 lacs (balance
after repayment by Jain Housing & Constructions Ltd (JHCL) of ^283 lacs
to the Bank of the employee home loans converted after transferring
project Prasan''s development rights with related liabilities to JHCL
vide Agreement dated 06.10.2005) is remaining outstanding to the Bank.
No interest is provided in the books of account since the Company is
confident of getting necessary waiver from the Bank. The Bank has
obtained an order dated 09.04.2012 from the Debt Recovery Tribunal
(DRT) claiming a total of Rs.216 lacs with further interest @ 10.25% from
04.03.2011. The Bank holds a second charge on the property at No 25,
Thirumalai Road, Chennai - 600 017 belonging to Alacrity Foundations
Private Limited, (Company in which one of Directors of the Company is a
Director).
7. The Company is engaged in the business of promoting, developing and
construction of residential flats which is the significant business
segment. There is no other business segment.
8. Due to financial difficulties, the Company had to stop its business
of full fledged construction activities during 2003-04. The accounts
have been prepared now taking the present position into account as a
"going concern" since the Board of Directors are confident that the
Company can be revived in due course of time.
9. The present value of gratuity obligation and superannuation
benefits payable is not recognized as expense by the Company. The
Company shall meet its gratuity and other employee retirement benefits
as and when the concerned employee retires. Accordingly, no provision
has been made in the accounts of the Company towards employee benefits
including gratuity. The company has not deposited the provision created
upto March 2004 for Rs.28.66 lacs towards superannuation fund.
10. Previous year''s figures have been regrouped and rearranged
wherever necessary in order to make them comparable with the current
year''s figures.
11. Balances under sundry debtors, sundry creditors and loans and
advances remain to be confirmed and in absence of evidence to the
contrary, book balances have been taken as correct subject to the notes
given above.
12. Related party disclosures under Accounting Standard 18:
Key managerial persons (KMP), their relatives'' 1. Ashok R Karnad -
Managing Director names 2. Ajit HattikudurÂDirector
3. Dilip Dharmasthal Director
Relatives of key managerial personÂ
1. Sunil Karnad
2. Nita Hattikudur
13. Since the Company is in losses, there is NIL Liability towards
Deferred Tax. No Deferred Tax Asset has also been created as there is
no reasonable certainty that the Deferred Tax Asset can be set-off
against future income.
14. The nature of business carried on by the Company, viz.
construction activity is such that furnishing quantitative details
relating to consumption / stock of building materials is not feasible.
15. The Company could not fulfill the requirements of Section 383A of
the Companies Act, 1956 relating to appointment of Company Secretary
for the Company due to financial difficulties.
16. Figures in brackets represent previous year''s figures.
Mar 31, 2010
1. Contingent liabilities not provided for :
a. Liability that may arise due to the recovery proceedings initiated
by the Provident Fund authorities on Alacrity Foundations Private
Limited (AFPL) for recovery of employee/employer PF and pension
contributions amounting to Rs.9.03 lacs for the financial year 2003-04
towards employees seconded to the Company by AFPL. Also the Liability
that may arise in respect of PF Contribution estimated at Rs.0.87 Lacs
(Rs.0.87 Lacs) for the period 01.07.1992 to 30.04.1995 relating to
temporary and casual workers of the contractor employed in the
construction work undertaken by the Company, settlement of which
depends on the decision of the competent authority constituted for this
purpose. Further liability that may arise towards interest as claimed
by ESIC is to the extent of Rs.3.50 lacs for the period April 2001 to
Sept. 2005.
b. Interest/penalty that may be levied due to delayed settlement of
the Provident Fund arrears to employees, for further period, the
quantum of which is not determinable as on date.
c. Liability that may arise due to the Corporate Guarantee given by
the Company to Canara Bank for a sum not exceeding Rs.400 lacs, being
the credit facility by way of loans, overdrafts, discount of bills or
otherwise extended by the said Bank to M/s. Alacrity Electronics
Limited, a Company in which the Director of the Company is interested
as a Director.
d. Income tax demand for the assessment year (AY) 1993-94 amounting to
Rs.27.10 Lacs excluding interest and penalty thereon as it has been
disputed and appeal pending with the High Court of Madras. The Company
has obtained High Court order dated 13.07.2010 staying the recovery of
income tax and interest u/s. 234B and 220(2) subject to deposit of
Rs.13.10 lacs, being the balance principal tax demand and the Company
has also paid this amount on 26.07.2010. As per letter dated
13.10.2006, the Tax authorities have further demanded payment of
Rs.243.57 lacs including interest of Rs.32.47 lacs and penalty of
Rs.184 lacs for the above AY 1993-94. The condonation of penalty to the
extent of Rs.184 lacs by the Commissioner of Income Tax (Appeals) on
the basis of High Court order dated 20.07.2010 is awaited.
No provision has also been made for the tax demand of Rs.289.78 lacs
including interest of Rs.44.20 lacs for the AY 1994-95 which arose due
to the disallowance of the brought forward loss and unabsorbed
depreciation of the AY 1993-94. The Company has already filed an appeal
with the Commissioner of Income Tax (Appeals) for demand of the above
which is pending.
No provision has also been made for the tax demands for the AY 1995-96
of Rs.39.55 lacs (including interest of Rs.6.03 lacs) which is
consequent to the disallowance of the brought forward loss for AY
1993-94 and the Company is in the process of filing condonation appeals
for the same.
e. Interest claim of about Rs.27.11 lacs made by creditors/customers
disputed by the Company in courts.
f. Claim against the company of Rs.20 lacs made by a landowner of a
property, disputed by the company.
2. The balance shown as dues from Debtors represents the money due
mostly from customers with whom the Company had entered into agreements
before 2003-04 for many of whom the company would have to execute sale
deeds after getting various clearances and hence considered recoverable
and no provision made there against even though due for a long period
of time.
3. The balance shown as dues to ÃSundry Creditors - for Goods and
Services represents money owed mostly to suppliers of goods and
services before 2003-04.
4. Presently, a total of 80 cases have been filed against the company
by customers, creditors and other parties before various courts
including the State & District Consumer Forum, Metropolitan Magistrate
Court, District Munsif Court, Fast Track Court, City Civil Court and
High Court of Madras for non fulfillment of certain obligations by the
company. Suitable provision to the extent of Rs.597.24 lacs has been
made in the accounts wherever judgments have gone against remaining
undisputed by the company. Value of claims against the company for
which no provision has been made since they are under dispute amounted
to Rs.108.58 lacs as at 31.03.2010.
5. Unsecured loan includes two loans viz. Chakiat Agencies Pvt Ltd
(Rs.9.56 lacs) and Vaishnavi Jayakumar (Rs.7.71 lacs) who have
approached the courts seeking repayment of loan dues. No provision is
made towards interest on the unsecured loans from the year 2003-04.
6. Note on Secured Loans :
a. State Bank of Indore - Rs.444.18 lacs: The Bank has initiated
recovery proceedings at the Debt Recovery Tribunal (DRT) claiming
Rs.585.45 lacs as due and payable with further interest @ 13.5% p.a
from 11.07.2005 until date of settlement. The loan outstanding as per
the books of account is Rs.444.18 lacs as at 31.03.2010 after payment
of Rs.36.47 lacs by Land Marvel Homes (LMH) to whom the Company has
transferred Project Paramount Gardens (Saligramam) development rights
with related liabilities vide Agreement dated 31.03.2005. No provision
towards interest has been made in the books from the year 2004-05 since
the Company is confident of getting necessary waiver from the Bank. The
pari passu charge ceded by ICICI Bank to the extent of 11.84% on the
Mogappair (Tarangini project) property subsists.
b. State Bank of Hyderabad - Rs.45.73 lacs: The charge with the Bank
is on Companys present and future receivables. The principal amount
owed to the bank as per their statement dated 05.03.2009 is Rs.45.73
lacs after crediting Rs.18.21 lacs in January 2006 from the proceeds of
the sale of the flat mortgaged to the Bank belonging to Mr. Krishna
Hattangady, then Director of the Company. DRT (II), Chennai has passed
an order dated 04.02.2010 entitling the bank to recover a sum of
Rs.66.11 lacs with further interest at 15% p.a with monthly rests from
31.03.2006 till recovery. However, no provision for interest has been
made in the books of accounts from the year 2004-05 since the Company
is confident of getting necessary waiver from the Bank.
c. Union Bank of India - Rs.252.58 lacs: The Bank has initiated
recovery proceedings at the Debt Recovery Tribunal (DRT) claiming
Rs.1216.70 lacs which includes Rs.271.04 lacs as principal and
Rs.945.66 lacs towards interest. The charge with the Bank is on
Companys present and future receivables. The Principal dues were to
the extent of Rs.10.50 Crores and the Bank recovered and adjusted
Rs.797.42 lacs leaving a principal balance of Rs.252.58 lacs. The
Company has disputed the interest claim of the Bank and accordingly not
made any provision there against.
d. ICICI Bank Ltd - Rs.1359.91 lacs: The loan outstanding as per books
of account as at 31.03.2010 is Rs.1359.91 lacs after payments amounting
to Rs.531 lacs by Land Marvel Homes (LMH) to whom the Company had
transferred Project Paramount Gardens (Saligramam) development rights
with related liabilities vide agreement dated 31.03.2005. The bank has
issued notice under the Securitization and Reconstruction of Financial
Assets & Enforcement of Securities Interest Act 2002 (SARFAESI) dated
10.07.2008 to recover an amount of Rs.4070.12 lacs including interest
up to 22nd May 2008. The claim of the Bank towards interest, penalties
and other charges is disputed by the Company and no provision made
there against. The properties held by ICICI Bank as collateral security
are i) Property in Perambur ii) 55.52% undivided share in the 129
grounds at West Mogappair and 39 flats under construction (from which
the Bank ceded 11.84% undivided share to State Bank of Indore). (Note:
The landowners who hold 23.86% ownership of the undivided share have
not cooperated with the Company for registering the sale deeds in
favour of 175 flat owners, 18 of whom have filed suits in various
courts for registration of sale deeds) iii) The bank holds a first
charge on the property at No 25, Thirumalai Road, Chennai - 600 017
belonging to Alacrity Foundations Private Limited (Company in which one
of Directors of the Company is a Director).
7 Status on other Bank Loans a. Citibank N.A.: The principal amount of
Rs.560 lacs of unsecured loan facility (employee home loans converted
vide agreement dated 02.08.2006) is remaining outstanding to the Bank.
Even though the Bank has claimed a total due of Rs.1,207.87 lacs as at
31.03.2010 including interest at a compounded rate of 9%, no interest
is provided in the books of account since the Company is confident of
getting necessary waiver from the Bank.
b. State Bank of India: The principal loan amount of Rs.97 lacs
(balance after repayment by Jain Housing & Constructions Ltd (JHCL) of
Rs.283 lacs to the Bank of the employee home loans converted after
transferring project Prasans development rights with related
liabilities to JHCL vide Agreement dated 06.10.2005) is remaining
outstanding to the Bank. No interest is provided in the books of
account since the Company is confident of getting necessary waiver from
the Bank. Interest as per the agreement if payable would amount to
about Rs.70.57 lacs till 31.03.2010. The Bank holds a second charge on
the property at No 25, Thirumalai Road, Chennai - 600 017 belonging to
Alacrity Foundations Private Limited, (Company in which one of
Directors of the Company is a Director).
8. The Company is engaged in the business of promoting, developing and
construction of residential flats which is the significant business
segment. There is no other business segment.
9. Due to financial difficulties, the Company had to stop its
business of full fledged construction activities during 2003-04 and
since most of the employees had left, could not complete the accounts
for some time in the past. However, the accounts have been prepared
now taking the present position into account as a "going concern" since
the Board of Directors are confident that the Company can be revived in
due course of time.
10. The present value of gratuity obligation and superannuation
benefits payable is not recognized as expense by the Company. The
Company shall meet its gratuity and other employee retirement benefits
as and when the concerned employee retires. Accordingly, no provision
has been made in the accounts of the Company towards employee benefits
including gratuity. The company has not deposited the provision created
upto March 2004 for Rs.28.66 lacs towards superannuation fund.
11. Previous years figures have been regrouped and rearranged
wherever necessary in order to make them comparable with the current
years figures.
12. Balances under sundry debtors, sundry creditors and loans and
advances remain to be confirmed and in absence of evidence to the
contrary, book balances have been taken as correct subject to the notes
given above.
13. Related party disclosures under Accounting Standard 18:
Key managerial persons (KMP), their relatives
1. Ashok R Karnad - Director names
2. Ajit HattikudurÃDirector
3. Amol Karnadà Director
Relatives of key managerial person-
1. Sunil Karnad
2. Dilip Dharmasthal
3. Nita Hattikudur
4. Anita Karnad
14. Alacrity Foundations Private Limited has waived the Corporate Fees
of Rs.48 Lacs payable by the Company for the year 2009-10 in view of
the Companys difficult financial position.
15. Since the Company is in losses, there is NIL Liability towards
Deferred Tax. No Deferred Tax Asset has also been created as there is
no reasonable certainty that the Deferred Tax Asset can be set-off
against future income.
16. The nature of business carried on by the Company, viz.
construction activity is such that furnishing quantitative details
relating to consumption / stock of building materials is not feasible.
17. The Company could not fulfill the requirements of Section 383A of
the Companies Act, 1956 relating to appointment of Company Secretary
for the Company due to financial difficulties.
18. Figures in brackets represent previous years figures. Signatures
to Schedules 1 to 17
Mar 31, 2009
1. Contingent liabilities not provided for :
a. Liability that may arise due to the recovery proceedings initiated
by the Provident Fund authorities on Alacrity Foundations Private
Limited (AFPL) for recovery of employee/employer PF and pension
contributions amounting to Rs. 9.03 lacs for the financial year 2003-04
towards employees seconded to the Company by AFPL. Also the Liability
that may arise in respect of PF Contribution estimated at Rs.0.87 Lacs
(Rs. 0.87 Lacs) for the period 01.07.92 to 30.04.95 relating to
temporary and casual workers of the contractor employed in the
construction work undertaken by the Company, settlement of which
depends on the decision of the competent authority constituted for this
purpose. Liability that may arise towards further interest claimed by
ESIC to the extent of Rs.3.50 lacs for the period April 2001 to Sept.
2005.
b. Interest/penalty that may be levied due to delayed settlement of
the Provident Fund arrears to employees, the quantum of which is not
determinable as on date.
c. Liability that may arise due to the Corporate Guarantee given by
the Company to Canara Bank for a sum not exceeding Rs. 400 lacs, being
the credit facility by way of loans, overdrafts, discount of bills or
otherwise extended by the said Bank to M/s. Alacrity Electronics
Limited, a Company in which the Director of the Company is interested
as a Director.
d. Income tax demand for the assessment year (AY) 1993-94 amounting to
Rs.10.33 Lacs excluding interest and penalty thereon as it has been
disputed and appeal pending with the High Court of Madras. As per
letter dated 13-10-2006, the Tax authorities have demanded payment of
Rs.243.57 lacs including interest of Rs.32.47 lacs and penalty of Rs.
184 lacs for the above AY 1993-94. No provision has also been made for
the tax demand of Rs.289.78 lacs including interest of Rs.44.20 lacs
for the AY 1994-95 which arose due to the disallowance of the brought
forward loss and unabsorbed depreciation of the AY 1993-94. No
provision has also been made for the tax demands for the AY 1995-96 of
Rs.39.55 lacs (including interest of Rs.6.03 lacs)
e. Interest claim of about Rs. 27.11 lacs made by creditors/customers
disputed by the Company in courts.
f. Claim against the company of Rs. 20 lacs made by a landowner of a
property, disputed by the company.
2. The balance shown as dues from Debtors represents the money due
mostly from customers with whom the Company had entered into agreements
before 2003-04 for many of whom the company would have to execute sale
deeds after getting various clearances and hence considered recoverable
and no provision made there against even though due for a long period
of time.
3. The balance shown as dues to Sundry Creditors - for Goods and
Services represents money owed mostly to suppliers of goods and
services before 2003-04.
4. Presently, a total of 143 cases have been filed against the company
by customers, creditors and other parties before various courts
including the State & District Consumer Forum, Metropolitan Magistrate
Court, District Munsif Court, Fast Track Court, City Civil Court and
High Court of Madras for non fulfillment of certain obligations by the
company. Suitable provision to the extent of Rs. 642.47 lacs has been
made in the accounts wherever judgments have gone against remaining
undisputed by the company. Value of claims against the company for
which no provision has been made since they are under dispute amounted
to Rs. 253.38 lacs as at 31.03.09.
5. Unsecured loan includes two loans viz. Chakiat Agencies Pvt Ltd
(Rs. 9,56,445) and Vaishnavi Jayakumar (Rs. 7,70,865) who have
approached the courts seeking repayment of loan dues. No provision is
made towards interest on the unsecured loans from the year 2003-04
except on the unsecured loans taken from Mr. Ajit Karnad, Mr. Santosh
Aroor and Mr. Vinay Karnad to the extent of Rs. 12.15 lacs, Rs. 3.17
lacs and Rs. 1.00 lac respectively (principal amounts borrowed)
totaling to Rs. 16.32 lacs being loans obtained from Banks and given to
the company by them.
6. Note on Secured Loans :
a. State Bank of Indore - Rs.444.18 lacs: The Bank has initiated
recovery proceedings at the Debt Recovery Tribunal (DRT) claiming Rs.
585.45 lacs as due and payable with further interest @ 13.5% p.a with
penal interest until date of settlement. The loan outstanding as per
the books of account is Rs. 444.18 lacs as at 31.03.2009 after payment
of Rs. 36.47 lacs by Land Marvel Homes (LMH) to whom the Company has
transferred Project Paramount Gardens (Saligramam) development rights
with related liabilities vide Agreement dated 31.03.2005. No provision
towards interest has been made in the books from the year 2004-05 since
the Company is confident of getting necessary waiver from the Bank. The
pari passu charge ceded by ICICI Bank to the extent of 11.84% on the
Mogappair (Tarangini project) property subsists.
b. State Bank of Hyderabad - Rs. 45.73 lacs: The charge with the Bank
is on Companys present and future receivables. The principal amount
owed to the bank as per their statement dated 05.03.2009 is Rs. 45.73
lacs after crediting Rs. 18.21 lacs in January 2006 from the proceeds
of the sale of the flat mortgaged to the Bank belonging to Mr. Krishna
Hattangady, then Director of the Company. DRT (II), Chennai has passed
an order dated 04.02.2010 entitling the bank to recover a sum of
Rs.66.11 lacs with further interest at 15% p.a with monthly rests from
31.03.2006 till recovery. However, no provision for interest has been
made in the books of accounts from the year 2004-05 since the Company
has decided to appeal/ file revision petition against the above order
of the DRT.
c. Union Bank of India - Rs. 271.04 lacs: The Bank has initiated
recovery proceedings at the Debt Recovery Tribunal (DRT) claiming Rs.
1216.70 lacs which includes Rs. 271.04 lacs as principal and Rs. 945.66
lacs towards interest. The charge with the Bank is on Companys present
and future receivables. The Principal dues were to the extent of Rs.
10.50 Crores and the Bank recovered and adjusted Rs. 778.96 lacs
leaving a principal balance of Rs. 271.04 lacs. The Company has
disputed the interest claim of the Bank and accordingly not made any
provision there against.
d. ICICI Bank Ltd - Rs. 1359.91 lacs: The loan outstanding as per
books of account as at 31-3-2009 is Rs. 1359.91 lacs after payments
amounting to Rs. 531 lacs by Land Marvel Homes (LMH) to whom the
Company has transferred Project Paramount Gardens (Saligramam)
development rights with related liabilities vide agreement dated
31.03.2005. The bank has issued notice under the Securitization and
Reconstruction of Financial Assets & Enforcement of Securities Interest
Act 2002 (SARFAESI) dated 10.07.2008 to recover an amount of Rs.
4070.12 lacs including interest up to 22nd May 2008. The claim of the
Bank towards interest, penalties and other charges is disputed by the
Company and no provision made there against. The properties held by
ICICI Bank as collateral security are i) Property in Perambur ii)
55.52% undivided share in the 129 grounds at West Mogappair and 39
flats under construction (from which the Bank ceded 11.84% undivided
share to State Bank of Indore). (Note: The landowners who hold 23.86%
ownership of the undivided share have not cooperated with the Company
for registering the sale deeds in favour of 175 flat owners, 18 of whom
have filed suits in various courts for registration of sale deeds) iii)
The bank holds a first charge on the property at No 25, Thirumalai
Road, Chennai - 600 017 belonging to Alacrity Foundations Private
Limited (Company in which one of Directors of the Company is a
Director).
7 Status on other Bank Loans
a. Citibank N.A.: The principal amount of Rs.560 lacs of unsecured loan
facility (employee home loans converted vide agreement dated
02.08.2006) is remaining outstanding to the Bank. Even though the Bank
has claimed a total due of Rs. 929.18 lacs as at 31-3-2009 including
interest at a compounded rate of 9%, no interest is* provided in the
books of account since the Company is confident of getting necessary
waiver from the Bank.
b. State Bank of India: The principal loan amount of Rs.97 lacs
(balance after repayment by Jain Housing & Constructions Ltd (JHCL) of
Rs. 283 lacs to the Bank of the employee home loans converted after
transferring project Prasans development rights with related
liabilities to JHCL vide Agreement dated 06.10.2005) is remaining
outstanding to the Bank. No interest is provided in the books of
account since the Company is confident of getting necessary waiver from
the Bank. Interest as per the agreement if payable would amount to
about Rs. 60.63 lacs till 31.03.2009. The Bank holds a second charge on
the property at No 25, Thirumalai Road, Chennai - 600 017 belonging to
Alacrity Foundations Private Limited, (Company in which one of
Directors of the Company is a Director).
8. The Company is engaged in the business of promoting, developing and
construction of residential flats which is the significant business
segment. There is no other business segment.
9. Due to financial difficulties, the Company had to stop its
business of full fledged construction activities during 2003-04 and
since most of the employees had left, could not complete the accounts
till now. However, the accounts have been prepared now taking the
present position into account as a "going concern" since the Board of
Directors are confident that the Company can be revived in due course
of time.
10. The present value of gratuity obligation and superannuation
benefits payable is not recognized as expense by the Company. The
Company shall meet its gratuity and other employee retirement benefits
as and when the concerned employee retires. Accordingly, no provision
has been made in the accounts of the Company towards employee benefits
including gratuity. The company has not deposited the provision created
upto March 2004 for Rs.28.66 lacs towards superannuation fund.
11. Previous years figures have been regrouped and rearranged
wherever necessary in order to make them comparable with the current
years figures.
12. Balances under sundry debtors, sundry creditors and loans and
advances remain to be confirmed and in absence of evidence to the
contrary, book balances have been taken as correct subject to the notes
given above.
13. Related party disclosures under Accounting Standard 18:
Associates
Alacrity Foundations Private Ltd Alacrity Electronics Limited
Key managerial persons (KMP), their relatives names
1. Ashok R Karnad - Director
2. Ajit HattikudurÃDirector
3. Amol Karnadà Director
Relatives of key managerial personÃ
1. Anita Karnad
2. Dilip Dharmasthal
3. Nita Hattikudur
4. Sunil Karnad
14. Alacrity Foundations Private Limited has waived the Corporate Fees
of Rs.48 Lacs payable by the Company for the year 2008-09 in view of
the Companys difficult financial position.
15. Since the Company is in losses, there is NIL Liability towards
Deferred Tax. No Deferred Tax Asset has also been created as there is
no reasonable certainty that the Deferred Tax Asset can be set-off
against future income.
16. The nature of business carried on by the Company, viz,
construction activity is such that furnishing quantitative details
relating to consumption / stock of building materials is not feasible.
17. The Company could not fulfill the requirements of Section 383A of
the Companies Act, 1956 relating to appointment of Company Secretary
for the Company due to financial difficulties.
18. Earnings per share as per Accounting Standard 20 is calculated by
dividing the profit attributable to the equity shareholders by the
number of equity shares outstanding as at the end of the year. The
numbers used in calculating the earnings per equity share are stated
below:
19. Figures in brackets represent previous years figures. Signatures
to Schedules 1 to 17
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