A Provision is recognized, if as a result of past event the company has a present obligationthat is reasonably estimable and it is probable that an outflow of economic benefits willbe required to settle the Obligation. Provisions are not discounted to their present valueand are determined based on the best estimate required to settle the obligation at thereporting date. These estimates are reviewed at each reporting date and adjusted toreflect the current best estimates.
A contingent liability is a possible obligation that arises from past events whose existencewill be confirmed by the occurrence or non-occurrence of one or more uncertain futureevents beyond the control of the Company or a present obligation that is not recognizedbecause it is not probable that an outflow of resources will be required to settle theobligation. A contingent liability also arises in extremely rare cases where there is a liabilitythat cannot be recognized because it cannot be measured reliably. The Company does notrecognize a contingent liability but discloses its existence in the financial statements.
Research Costs are charged as an expense in the year in which they are incurred andreflected under the appropriate heads of account. Development expenditure is carriedforward when its future recoverability can reasonably be regarded as assured and isamortized over the period of expected future benefit.
1. The company has only one class of shares viz. equity shares having a par value of '10/- eachas above. All equity shares, in present and in future, rank pari passu with the existing equityshares of the company and each shareholder is entitled to one vote per share.
2. The company is neither a subsidiary nor a holding company of any other body corporate.Disclosures as regards the Shareholdings in or by such body-corporate, accordingly, are notapplicable on the company.
3. In the Event of Liquidation of the company, the shareholders of equity shares will be entitledto receive remaining assets of the company, after distribution of all preferential amounts. Thedistribution will be in proportion to the number of equity shares held by shareholders.
*#1.The Term loans from Union Bank is secured by hypothecation of entire plant &machinery, electrical installations of the Company situated at Plot no. 160, Devraj IndustrialPark, Piplaj - Pirana Road, Village Piplaj, Ahmedabad 382405.
# 2. The above Term Loan from Union Bank is also secured by way collateral security ofEMG/First charge on factory land admeasuring 4724 Sq. Yds. and building thereon at PlotNo. 160, Devraj Industrial Estate, Prana Piplaj Road, Village - Piplaj, Ahmedabad owned bycompany.
# 3. The above Term Loan from Union Bank is also secured by way collateral security ofEMG/First charge on entire P&M and other movable assets of the company except vehiclefinanced by other banks/FIs both existing & Proposed.
# 4. The above Term Loan from Union Bank is also secured by way of personal guarantee ofMr. Ashutosh D Gandhi (MD) & Mrs. Sneha A Gandhi. (Whole-Time Director) upto Rs. 100Lacs as per Bank Agreement.
# 5. The above Term Loan from Union Bank is Secured by way of hypothecation of Roof TopSolar Power Plant and Other.
Note: Company is not declared wilful defaulter by any bank or financial institutions or otherlender
**The company has begun the supplier identification process in accordance with theMSMED Act 2006. However, the categorization breakdown between entities falling underthe MSME classification and others has not been furnished. Given the absence of anycorrespondence from creditors we have presumed it to be non MSME.
***Balances of Trade Payable are subject to Confirmations.
****Trade payable Ageing Schedule provided by Management is believed to be accurateand reliable.
*The difference of greater than 10% is due to postdated entries and typing error instatement.
3.26 Retirement Benefits:-
Disclosure Requirement as per AS-15 (revised 2005) "Employee Benefits" notifiedunder section 133 of the Companies Act, 2013
a) Defined Contribution plan (Provident Fund) included in Employee BenefitExpenses during Current year is ^ 4,75,394 (Previous year i.e., F.Y. 2022-23^4,92,347)
b) Defined benefit Plan-
Ahimsa Industries Limited has defined benefit gratuity plan.
The company has created a gratuity fund which is managed by the LifeInsurance Corporation of India. The premium paid for the gratuity is treatedas deductible expense for the company and is not treated as perks in thehands of the employees. The amount paid by the Company for the GratuityFund to LIC is mentioned in the below mentioned table:
3.27 Management Remuneration-
Disclosures with respect to the remuneration of Directors and employees as requiredunder section 197 of Companies Act, 2013 and Rule5(1) Companies (Appointment andRemuneration of Managerial Personnel Rules, 2014) has been provided in the belowmentioned table: -
3.31 Realizations:-
In the opinion of the Board and to the best of its knowledge and belief, the value onrealization of current assets, loans and advances will, in the ordinary course of business isnot less than the amounts at which they are stated in the Balance sheet.
3.32 Impairment of Assets:-
The management of the company has carried out an exercise to ascertain impairment ofFixed Assets, if any, In the opinion of the management of the company there are noindication of impairment of assets as at 31/03/2024 and therefore no effect ofimpairment is required to be given in the books of account.
The Micro Small and Medium Enterprise registered under The Micro small and MediumEnterprise Development Act 2006 have been taken based on the list of MSME creditorsprovided by the management. The Company has initiated the process of identification ofsuppliers registered under Micro and Small Enterprise Development Act, 2006, byobtaining confirmations from all suppliers. Information has been collated to the extentof information received. However, as the Company has not received any claims in respectof such interest and as such, no provision has been made in the books of accounts
• Previous Year's figures have been regrouped/reclassified wherever necessary tocorrespond with current year's classification/disclosure.
• Balances shown under Long-term borrowings, long term provisions, short termprovisions, Trade payables, Other current liabilities, long term loans and advances,inventories, Trade Receivables, Short term loans and advances and other currentassets, etc. are subject to confirmation/reconciliation, if any. The managementdoes not expect any material difference affecting the current year's financialstatements.
• Cash Balance is taken as valued & certified by management.
• Confirmations/certificates in respect of unsecured loans, advances fromcustomers, advances recoverable in cash or in kind, investments and various otherparties are awaited.
• There are no outstanding litigations, suits, criminal or civil prosecutions,proceedings or tax liabilities against/by our Company, our Directors, our Promotersand our Group Entities and there are no defaults, non-payment of statutory dues,over-dues to banks/financial institutions, defaults against banks/financialinstitutions by our Company, default in creation of full security as per terms ofissue/other liabilities, no proceedings initiated for economic/civil/any otheroffences (including past cases where penalties may or may not have been awarded
and irrespective of whether they are specified under paragraph (I) of Part 1 ofSchedule V to the Companies Act) other than unclaimed liabilities of our Companyand no disciplinary action has been taken by SEBI or any stock exchange against ourCompany, our Promoters, our Directors and Group Entities.
• Further, there are no past cases in which penalties have been imposed on ourCompany, our Promoters, our Directors or our Promoter Group Entities, and thereis no outstanding litigation against any other Company whose outcome could havea material adverse effect on the position of our Company. Further, there are nocases of litigation, defaults etc. in respect of companies/firms/ventures with whichthe Promoters were associated in the past but are no longer associated, in respectof which the name(s) of the Promoters continues to be associated.
• Further, there are no show-cause notices / claims served on our Company, ourPromoters, our Directors or our Group Entities from any statutory authority /revenue authority that would have a material adverse effect on our business.
i. The State of Gujarat through Commissioner of Commercial Tax, C -2, Rajya KarBhavan, Ashram Road, Ahmedabad has filed an appeal against the order ofGujarat Valued Added Tax Tribunal, Ahmedabad has ordered to consider PETPreform is being Packing Material falling under Entry 55 of Schedule ll of theGujarat Value Added Tax, 2003 whereas The Department of Commercial Tax-Gujarat filled an Appeal into a High Court of Gujarat against the order of tribunalto consider the Entry treated as Residuary Entry 87 of 2nd Schedule of TheGujarat Value Added Tax, 2003 and levy the Tax @ 12.5% plus 2.5% asAdditional lax instead of 4% plus 1% as Additional Tax as ordered by GujaratValue Added Tax Tribunal, Ahmedabad. Amount of the Liability cannot bequantified. Lf Honourable High Court of Gujarat set aside the order of theTribunal, the Liability may arise on the sales made at Local Rate.
ii. The company has following outstanding disputed demand under the IncomeTax Act, 1961:
i. M/s Ahimsa Industries Pvt Ltd has sold PET Preform on 23.08.2012 vide TaxInvoice No.106. Company file an application inquiring about the applicable rateof tax on the sale of this product to be used as packing material. The appellanthas contended that the PET Preform is a packing material and it falls under Entry55 of Schedule II to the Gujarat Value Added Tax Act, 2003 on 30.08.2012.However, the learned Joint Commissioner of Commercial Tax (Legal) Vide OrderNo. VAT/Sec. 80/2012/D/237/J.504/507 had determined dated on 20/11/2012held that PET preform is not a Packing Material and it's included as ResiduaryGoods. He held that it is covered under Entry 87 of Schedule II to the Act and itis accordingly taxable at the rate of 12.5% plus 2.5% additional tax. Instead of4% 1% as charged by company.
ii. In against the order No. VAT/K-80/2012/D/237/J.504/507, dated 20.11.2012 ofthe learned Joint Commissioner of Commercial Tax, Company filed appeal, dated28.11.2012 in the Gujarat Value Added Tax Tribunal, Ahmedabad. The Hon'bleBench vide in its Order No. B-1718/2013/First Appeal No.9/12 dated 24.04.2013of Tribunal held that a PET Preform is convenient form of packing and strictlyused as end product for packing purposes only. Therefore, it is held to bedeclared as polythene packing material falling under Entry 55 of Schedule II tothe GVAT Act and liable to be taxed accordingly and the same cannot be treatedunder residuary Entry 87 of Schedule II to the Act. The order of the determining
authority is therefore, not just and proper and the appellant is not liable to betaxed @ 12.5% plus 2.5% by way of additional tax.
iii. Being aggrieved and dissatisfied by the Judgment and order dated 24/04/2013,passed in First appeal no. 9 of 2012 by Hon'ble Gujarat Value Added Tax tribunalat Ahmedabad the State of Gujarat through the Commissioner of Commercialtax (Applicant) filed appeal against M/S Ahimsa Industries Pvt. Ltd. (Respondent)under the Tax Appeal No.1354 of 2014 dated on 13/05/2014 before the Hon'bleHigh Court of Gujarat at Ahmedabad. Now the proceeding of this case is pendingin the Hon'ble High Court of Gujarat.
For Mistry & Shah LLP For and on behalf of the Board of Directors,
Chartered Accountants
FRN:122702W/W-100683 Sd/- Sd/-
Ashutosh D. Gandhi Sneha A. Gandhi
Managing Director Whole Time Director
DIN:00654563 DIN:00654675
Sd/- Sd/- Sd/-
Partner Monali Maheswari Darshan Mistri
Krunal Shah Company Secretary CFO
M. No. 144596 M.No. A53530
UDIN:24144596BKFRJJ1529
Place : Ahmedabad Place : Ahmedabad
Date : May 18, 2024 Date : May 18, 2024