MIRA INFORM REPORT

 

 

Report Date :

04.05.2012

 

IDENTIFICATION DETAILS

 

Name :

ARAMBAGH HATCHERIES LIMITED

 

 

Registered Office :

P O Arambagh, District Hooghly – 712601,  West Bengal

 

 

Country :

India

 

 

Financials (as on) :

31.03.2010

 

 

Date of Incorporation :

15.12.1973

 

 

Com. Reg. No.:

21-029137

 

 

Capital Investment / Paid-up Capital :

Rs.15.120 Millions

 

 

CIN No.:

[Company Identification No.]

U0122WB1973PLC029137

 

 

TAN No.:

[Tax Deduction & Collection Account No.]

CALA00346D

 

 

Legal Form :

A Closely Held Public Limited Liability Company

 

 

Line of Business :

Manufacturer of Food Processing Unit and Poultry Integrated.

 

 

No. of Employees :

Not Available

 

 

RATING & COMMENTS

 

MIRA’s Rating :

C

 

RATING

STATUS

PROPOSED CREDIT LINE

<10

C

Absolute credit risk exists. Caution needed to be exercised

Credit not recommended

 

Status :

Under Liquidation

 

 

Payment Behaviour :

--

 

 

Litigation :

Exist

 

 

Comments :

As per available information the company is under liquidation process. The court has already passed winding-up order of the company.

 

Initially, the company can be considered for business dealings on a safe and secured trade terms and conditions.

 

NOTES :

Any query related to this report can be made on e-mail : infodept@mirainform.com while quoting report number, name and date.

 

ECGC Country Risk Classification List – September 30, 2011

 

Country Name

Previous Rating

(30.06.2011)

Current Rating

(30.09.2011)

India

A1

A1

 

Risk Category

ECGC Classification

Insignificant

 

A1

Low

 

A2

Moderate

 

B1

High

 

B2

Very High

 

C1

Restricted

 

C2

Off-credit

 

D

 

 

 

 

 

 

 

 

 

 

 

 

 

 

LOCATIONS

 

Registered Office :

P O Arambagh, District Hooghly – 712601,  West Bengal, India

Tel. No.:

Not Available

Fax No.:

Not Available

E-Mail :

secretarial@arambagh.com

arambagh@cal.vsnl.net.in

 

 

Head Office :

59 B, Chowringhee Road, Kolkata – 700020, West Bengal, India

Tel. No.:

91-33-22832561

 

 

DIRECTORS

 

As on 30.09.2010

 

Name :

Mr. Prasun Kumar Roy

Designation :

Managing director

Address :

PO ST Office, Arambagh, Hooghly – 712601, West Bengal, India

Date of Birth/Age :

22.12.1949

Date of Appointment :

15.12.1973

Date of Ceasing :

02.05.2012

DIN No.:

00109867

Other Directorship :

S.No.

CIN

Name of the Company

Current designation of the director

Date of appointment at current designation

Original date of appointment

Date of cessation

Company Status

Defaulting status

1

U01222WB1973PLC029137

ARAMBAGH HATCHERIES LIMITED

Managing director

27/09/2009

15/12/1973

2/05/2012

Active

NO

2

U24129WB1978PTC031801

ROY'S FERTILISERS PRIVATE LIMITED

Director

7/12/1978

7/12/1978

-

Active

NO

3

U25111WB1974PLC029215

EVERGOOD AGRO INDUSTRIES LIMITED

Director

29/06/1982

29/06/1982

-

Active

NO

4

U15143WB1990PTC049494

ARAMBAGH SOLVENT EXTRACTION PRIVATE LIMITED

Director

27/07/1990

27/07/1990

-

Active

NO

5

U26101WB1992PLC054200

ARAMBAGH HATCHERIES EXPORTS LIMITED

Director

22/01/1992

22/01/1992

-

Active

NO

6

U24121WB1970PTC027867

CALCUTTA BONE MILLS AND FERTILIZERS PRIVATE LIMITED

Director

29/09/1993

29/09/1993

-

Active

NO

7

U15412WB1994PTC066021

INDUSS FARM HOUSE PRODUCTS PRIVATE LIMITED

Director

11/11/1997

11/11/1997

-

Active

NO

8

U74999MH2002NPL137058

POULTRY PROCESSORS' ASSOCIATION OF INDIA

Director

3/09/2002

3/09/2002

-

Active

NO

9

L29307WB1990PLC048350

WEBSOL ENERGY SYSTEM LIMITED

Director

30/12/2005

30/12/2005

20/01/2009

Active

NO

 

 

Name :

Mr. Nihar Ranjan Chakravarty

Designation :

Director

Address :

18/43, Ballygunge Place, East Kolkata – 700010, West Bengal, India

Date of Birth/Age :

01.11.1925

Date of Appointment :

15.07.1996

Date of Ceasing :

02.05.2012

DIN No.:

00110297

Other Directorship :

S.No.

CIN

Name of the Company

Current designation of the director

Date of appointment at current designation

Original date of appointment

Date of cessation

Company Status

Defaulting status

1

U15143WB1990PTC049494

ARAMBAGH SOLVENT EXTRACTION PRIVATE LIMITED

Director

26/07/1993

26/07/1993

-

Active

NO

2

U01222WB1973PLC029137

ARAMBAGH HATCHERIES LIMITED

Director

15/07/1996

15/07/1996

2/05/2012

Active

NO

3

U24121WB1970PTC027867

CALCUTTA BONE MILLS AND FERTILIZERS PRIVATE LIMITED

Director

15/07/1996

15/07/1996

-

Active

NO

4

U15412WB1994PTC066021

INDUSS FARM HOUSE PRODUCTS PRIVATE LIMITED

Director

11/11/1997

11/11/1997

-

Active

NO

5

U25111WB1974PLC029215

EVERGOOD AGRO INDUSTRIES LIMITED

Director

29/09/1999

29/09/1999

-

Active

NO

6

U26101WB1992PLC054200

ARAMBAGH HATCHERIES EXPORTS LIMITED

Director

20/04/2002

20/04/2002

-

Active

NO

7

U24129WB1978PTC031801

ROY’S FERTILISERS PRIVATE LIMITED

Director

29/06/2004

29/06/2004

-

Active

NO

 

 

Name :

Mrs. Jaya Roy

Designation :

Director

Address :

108, Manicktala Main Roadm, Kolkata – 700054, West Bengal, India

Date of Birth/Age :

10.09.1950

Date of Appointment :

09.02.1996

Date of Ceasing :

02.05.2012

DIN No.:

00110055

Other Directorship :

S.No.

CIN

Name of the Company

Current designation of the director

Date of appointment at current designation

Original date of appointment

Date of cessation

Company Status

Defaulting status

1

U24129WB1978PTC031801

ROY’S FERTILISERS PRIVATE LIMITED

Director

12/01/1991

12/01/1991

-

Active

NO

2

U01222WB1973PLC029137

ARAMBAGH HATCHERIES LIMITED

Director

9/02/1996

9/02/1996

2/05/2012

Active

NO

3

U15143WB1990PTC049494

ARAMBAGH SOLVENT EXTRACTION PRIVATE LIMITED

Director

19/07/1996

19/07/1996

-

Active

NO

4

U26101WB1992PLC054200

ARAMBAGH HATCHERIES EXPORTS LIMITED

Director

16/09/2009

24/07/2009

-

Active

NO

5

U25111WB1974PLC029215

EVERGOOD AGRO INDUSTRIES LIMITED

Director

16/09/2009

24/07/2009

-

Active

NO

6

U74999WB2012PTC174417

ARAMBAGH FOODMART PRIVATE LIMITED

Director

18/02/2012

18/02/2012

-

Active

NO

 

 

Name :

Mrs. Bishakha Datta

Designation :

Director

Address :

PO ST Office, Arambagh, Hooghly – 712601, West Bengal, India

Date of Birth/Age :

07.01.1945

Date of Appointment :

17.01.1989

Date of Ceasing :

02.05.2012

DIN No.:

01303035

Other Directorship :

S.No.

CIN

Name of the Company

Current designation of the director

Date of appointment at current designation

Original date of appointment

Date of cessation

Company Status

Defaulting status

1

U51909WB1955PTC022135

B K ROY PRIVATE LIMITED

Director

17/01/1989

17/01/1989

-

Active

NO

2

U01222WB1973PLC029137

ARAMBAGH HATCHERIES LIMITED

Director

17/01/1989

17/01/1989

2/05/2012

Active

NO

3

U51109WB1948PLC016550

PALLISHREE LIMITED

Director

17/01/1989

17/01/1989

-

Active

NO

4

U15143WB1990PTC049494

ARAMBAGH SOLVENT EXTRACTION PRIVATE LIMITED

Director

19/07/1996

19/07/1996

-

Active

NO

5

U51109WB1991PLC053442

BIRBHUM CHEMICALS AND FERTILISERS LIMITED

Director

7/07/2008

1/02/2008

-

Active

NO

 

 

MAJOR SHAREHOLDERS / SHAREHOLDING PATTERN

 

As on 30.09.2010

 

Names of Shareholders

 

No. of Shares

Amiya Roy

 

1700

Bipasha Datta

 

3700

Bishakha Datta

 

39555

Baibhab Kumar Roy

 

2300

Jaya Roy

 

3950

Namita Roy

 

5255

Nihar Ranjan Chakraborty

 

112500

Prasun Kumar Roy

 

154755

Prativa Rani Dey

 

950

Patit Paban Roy

 

42305

Prasad Dutta

 

1650

Prasun Kumar Roy and Biyas Roy

 

75000

Shyama Prasad Sarkar

 

1275

Subhendu Kr Dutta

 

1500

Prasun Kumar Roy

 

290000

 

 

Equity Share Break up (Percentage of Total Equity)

As on 30.09.2010

 

Category

Percentage

Bodies corporate

37.30

Directors or relatives of Directors

61.34

Other top fifty shareholders

1.36

Total

100.00

 

 

BUSINESS DETAILS

 

Line of Business :

Manufacturer of Food Processing Unit and Poultry Integrated.

 

 

Products :

PRODUCT DESCRIPTION

ITC CODE NO.

Day Old Chicks

01.05

Poultry Feed

23.09

Chicken Meat

02.07

 

PRODUCTION STATUS

 

Particulars

Unit

31.03.2009

FEED PRODUCED

 

 

a) Installed capacity of Machine

M. T.

174000.000

b) Actual production of Feed

M. T.

40211.420

 

 

Particulars

Unit

31.03.2009

DRESSED CHICKEN MEAT PRODUCED

 

 

a) Installed Capacity of Machine (Per 8 hour shift)

M. T.

4800.000

b) Actual Production of Meat

M. T.

2095.807

 

Installed capacity has been estimated by the Management

 

 

GENERAL INFORMATION

 

No. of Employees :

Not Available

 

 

Bankers :

·         UCO Bank

·         United Bank of India

·         Allahabad Bank

·         UTI Bank Limited

·         Oriental Bank of Commerce

·         Central Bank of India

·         ICICI Bank Limited

·         Indian Overseas Bank

·         Canara Bank

·         Bank of India

·         Indian Bank

 

 

Facilities :

Secured Loan

As on 31.03.2010

(Rs. in Millions)

As on 31.03.2009

(Rs. in Millions)

Term Loan from Banks and Institutions (i)

1079.548

876.747

Soft loan from Government of India (ii)

4.160

4.160

Working Capital from Banks (iii) (including Export Packing Credit)

972.056

1087.486

Total

2055.764

1968.393

 

Notes :

 

(i) These loans are secured by Joint Equitable Mortgage of immovable properties and hypothecation of the whole of the movable assets of the Company including movable plant and machinery, machinery spare parts and accessories and other movables partly of pari passu first charge basis and partly on exclusive first charge of the Banks/Institution.

(ii) Secured by the Guarantee extended by Allahabad Bank

(iii) Cash Credit and Working Capital Demand Loan from Banks are secured by way of pari passu first charge on Company's stocks (not relating to plant, machinery and equipment), Bills, Receivables, Book Debts and other movables as also pari passu second charge on fixed assets mentioned in Note (i) above.

 

All the Loans are also secured by the Personal Guarantee of the Managing Director of the Company.

 

Unsecured Loan

As on 31.03.2010

(Rs. in Millions)

As on 31.03.2009

(Rs. in Millions)

From Others

18.232

34.223

Total

18.232

34.223

 

 

 

Banking Relations :

--

 

 

Auditors :

 

Name :

Basu and Company

Chartered Accountants

Address :

Taher Mansion 8, Bentinck Street, 2nd  Floor, Kolkata-700001, West Bengal, India

Tel. No.:

91-33-22487212/22435033

E-Mail :

basu_co@yahoo.co.in

PAN.:

ACWPB3057E

 

 

Subsidiaries :

Arambagh Hatcheries Exports Limited

CIN No.: U26101WB1992PLC054200

 

 

CAPITAL STRUCTURE

 

As on 31.03.2010

 

Authorised Capital :

No. of Shares

Type

Value

Amount

5000000

Equity Shares

Rs.10/- each

Rs.50.000 Millions

 

 

 

 

 

Issued, Subscribed & Paid-up Capital :

No. of Shares

Type

Value

Amount

1335670

Equity Shares

Rs.10/- each

Rs.13.357 Millions

176330

Equity Shares issued as fully paid up pursuant to a contract without payment being received in cash

Rs.10/- each

Rs.1.763 Millions

 

TOTAL

 

Rs.15.120 Millions

 

 

 

FINANCIAL DATA

[all figures are in Rupees Millions]

 

ABRIDGED BALANCE SHEET

 

SOURCES OF FUNDS

 

31.03.2010

31.03.2009

31.03.2008

31.03.2007

31.03.2006

SHAREHOLDERS FUNDS

 

 

 

 

 

1] Share Capital

15.120

15.120

15.120

15.120

15.120

2] Share Application Money

0.000

0.000

0.000

0.000

0.000

3] Reserves & Surplus

99.257

47.287

227.619

414.977

374.900

4] (Accumulated Losses)

0.000

0.000

0.000

0.000

0.000

NETWORTH

114.377

62.407

242.739

430.097

390.020

LOAN FUNDS

 

 

 

 

 

1] Secured Loans

2055.764

1968.393

1863.697

1678.675

1476.608

2] Unsecured Loans

18.232

34.223

44.424

24.190

95.880

TOTAL BORROWING

2073.996

2002.616

1908.121

1702.865

1572.488

DEFERRED TAX LIABILITIES

2.950

5.772

9.687

13.519

18.062

 

 

 

 

 

 

TOTAL

2191.323

2070.795

2160.547

2146.481

1980.570

 

 

 

 

 

 

APPLICATION OF FUNDS

 

 

 

 

 

 

 

 

 

 

 

FIXED ASSETS [Net Block]

465.595

494.270

533.160

572.350

565.510

Capital work-in-progress

0.000

0.000

0.000

0.000

0.000

 

 

 

 

 

 

INVESTMENT

2.582

2.583

2.582

2.582

3.353

DEFERREX TAX ASSETS

0.000

0.000

0.000

0.000

0.000

 

 

 

 

 

 

CURRENT ASSETS, LOANS & ADVANCES

 

 

 

 

 

 

Inventories

959.670

819.990

911.945

926.775

858.913

 

Sundry Debtors

687.590

673.074

649.628

515.006

469.802

 

Cash & Bank Balances

20.574

20.634

18.204

38.464

25.245

 

Other Current Assets

0.000

0.000

0.000

0.000

0.000

 

Loans & Advances

242.485

251.324

250.083

252.343

247.601

Total Current Assets

1910.319

1765.022

1829.860

1732.588

1601.561

Less : CURRENT LIABILITIES & PROVISIONS

 

 

 

 

 

 

Sundry Creditors

82.283

81.742

81.755

71.772

114.538

 

Other Current Liabilities

49.495

48.843

64.025

31.242

21.091

 

Provisions

55.395

60.495

59.275

58.025

54.225

Total Current Liabilities

187.173

191.080

205.055

161.039

189.854

Net Current Assets

1723.146

1573.942

1624.805

1571.549

1411.707

 

 

 

 

 

 

MISCELLANEOUS EXPENSES

0.000

0.000

0.000

0.000

0.000

 

 

 

 

 

 

TOTAL

2191.323

2070.795

2160.547

2146.481

1980.570

 

 

PROFIT & LOSS ACCOUNT

 

 

PARTICULARS

31.03.2010

31.03.2009

31.03.2008

31.03.2007

31.03.2006

 

SALES

 

 

 

 

 

 

 

Income

1421.120

1339.294

1903.647

1849.778

1783.510

 

 

Other Income

228.262

23.618

5.012

7.163

6.161

 

 

TOTAL            

1649.382

1362.912

1908.659

1856.941

1789.671

 

 

 

 

 

 

 

Less

EXPENSES

 

 

 

 

 

 

 

Adjustment for finished goods

267.869

368.042

181.872

265.215

33.596

 

 

Raw Materials Consumed

765.219

559.919

1129.894

887.073

986.782

 

 

Other Expenses

478.369

550.055

709.634

583.412

652.778

 

 

TOTAL            

1511.457

1478.016

2021.400

1735.700

1673.156

 

 

 

 

 

 

 

 

PROFIT/ (LOSS) BEFORE TAX, DEPRECIATION AND AMORTISATION

137.925

(115.104)

(112.741)

121.241

116.515

 

 

 

 

 

 

 

Less/ Add

DEPRECIATION/ AMORTISATION          

62.751

68.923

78.199

82.907

81.588

 

 

 

 

 

 

 

 

PROFIT/ (LOSS) BEFORE TAX

75.174

(184.027)

(190.940)

38.334

34.927

 

 

 

 

 

 

 

Less

TAX                            

0.079

(3.695)

(3.582)

(1.743)

(0.939)

 

 

 

 

 

 

 

 

PROFIT/ (LOSS) AFTER TAX

75.095

(180.332)

(187.358)

40.077

35.866

 

 

 

 

 

 

 

Less

TAXATION FOR EARLIER YEARS (ADJUSTMENT)

23.125

0.000

0.000

0.000

0.000

Add

PREVIOUS YEARS’ BALANCE BROUGHT FORWARD

6.863

187.195

374.553

334.476

298.610

 

 

 

 

 

 

 

 

BALANCE CARRIED TO THE B/S

58.833

6.863

187.195

374.553

334.476

 

 

 

 

 

 

 

 

EARNINGS IN FOREIGN CURRENCY

 

 

 

 

 

 

 

Export of Goods

NA

0.000

1.018

3.253

NA

 

TOTAL EARNINGS

NA

0.000

1.018

3.253

NA

 

 

 

 

 

 

 

 

IMPORTS

 

 

 

 

 

 

 

Raw Materials

NA

0.000

0.000

1.801

NA

 

 

Capital Goods & components

NA

0.000

0.057

1.216

NA

 

TOTAL IMPORTS

NA

0.000

0.057

3.017

NA

 

 

 

 

 

 

 

 

Earnings/ (Loss) Per Share (Rs.)

49.67

NA

NA

NA

NA

 

KEY RATIOS

 

PARTICULARS

 

 

31.03.2010

31.03.2009

31.03.2008

31.03.2007

31.03.2006

PAT / Total Income

(%)

4.55

(13.23)

(9.82)

2.16

2.00

 

 

 

 

 

 

 

Net Profit Margin

(PBT/Sales)

(%)

5.29

(13.74)

(10.03)

2.07

1.96

 

 

 

 

 

 

 

Return on Total Assets

(PBT/Total Assets}

(%)

3.16

(8.15)

(8.08)

1.66

1.61

 

 

 

 

 

 

 

Return on Investment (ROI)

(PBT/Networth)

 

0.66

2.95

0.79

0.09

0.09

 

 

 

 

 

 

 

Debt Equity Ratio

(Total Liability/Networth)

 

19.76

35.15

8.71

4.33

4.52

 

 

 

 

 

 

 

Current Ratio

(Current Asset/Current Liability)

 

10.21

9.23

8.92

10.76

8.44

 

 

LOCAL AGENCY FURTHER INFORMATION

 

Calcutta High Court

Arambagh Hatcheries Limited vs Unknown on 2 April, 2012

 

Author: Sanjib Banerjee

 

ORDER SHEET

 

CP No. 60 of 2010

 

IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION

 

IN THE MATTER OF:

 

ARAMBAGH HATCHERIES LTD. -AND-

ICICI BANK

 

BEFORE:

The Hon'ble JUSTICE SANJIB BANERJEE Date : 2nd April, 2012. APPEARANCE:

 

Ms. Suchismita Banerjee, Adv. Ms. Ruma Sikdar, Adv.

 

The Court: Since a winding-up order has already been passed and an appeal carried from such order, CP No. 60 of 2010 should go out of the list and be dealt with in accordance with the orders passed by the Appeal Court. certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (SANJIB BANERJEE, J.)

 

 

Calcutta High Court

Arambagh Hatcheries Limited vs Commissioner of Income-Tax ... on 11 March, 2011

Author: Bhaskar Bhattacharya

 

ITA No. 267 of 2004

IN THE HIGH COURT AT CALCUTTA

Special Jurisdiction (Income-tax)

Original Side

ITA 267 of 2004

Arambagh Hatcheries Limited

Versus

Commissioner of Income-Tax Kolkata-XX

ITA 268 of 2004

Arambagh Hatcheries Limited

Versus

Commissioner of Income-Tax Kolkata-XX

ITA 269 of 2004

Arambagh Hatcheries Limited

Versus

Commissioner of Income-Tax Kolkata-XX

For Appellant: Mr. N.K.Poddar, Sr.Advocate with Mr. Vineet Gibrewal and Mr. D.K.Kadel, Advocates

For Respondent: Mr. Dipak Som, Sr.Advocate with Md. Nizamuddin, Advocate

 

BEFORE:

The Hon'ble JUSTICE BHATTACHARYA

The Hon'ble JUSTICE DR. SAMBUDDHA CHAKRABARTI

Date: 11th March, 2011.

 

THE COURT: All these three appeals are taken up for hearing analogously as the points involved therein are almost similar in nature.

 

2

A Division Bench of this Court on the selfsame date, namely, 11th May, 2004 admitted all these three appeals and it appears that these three appeals were admitted on three formulated questions. The formulated question Nos. 2 and 3 are common in all these three appeals except the relevant assessment year and amount involved therein. We, therefore, quote the aforesaid Point Nos.2 and 3 in ITA 267 of 2004 which will virtually cover the issue involved in other two appeals, namely, ITA 268 of 2004 and ITA 269 of 2004.

"II. Whether the amendment made in section 43B of the Income Tax Act, 1961 by the Finance Act, 2003 is clarificatory and thereby retrospective in nature in the light of the principles laid down by the Hon'ble Supreme Court in Allied Motors Private Limited. v. CIT (1997) 224 ITR 677 (SC)."

"III. If the answer to Question No.II above is in the affirmative, whether the disallowance of Rs.1.641 /Rs.1.978 Millions in the instant case in respect of the assessment year 1996-97 under section 43B of the Income Tax Act, 1961 was justified in law on merits, and whether it could be said to be covered by section 154 of the Income Tax Act, 1961".

 

However, Point No.1 formulated in ITA No.267 of 2004 is to the following effect:-

3

"I. Whether on the facts and in the circumstances of the case and on a correct interpretation of section 43B of the Income Tax Act, 1961, the Income Tax Appellate Tribunal, 'A' Bench, Kolkata misdirected itself in law in confirming the disallowance of Rs.16,41,868/Rs.19,78,037 in respect of the assessment year 1996-97 through the impugned proceedings under section 154 of the said Act, in so far as it held that there was a mistake apparent from record within the meaning of section 154 of the Income Tax Act, 1961 in the instant case and whether its such finding was wholly unreasonable and/or otherwise perverse".

 

Similarly, in ITA No.268 of 2004 and ITA No.269 of 2004, Point No.1 formulated by the Division Bench is respectively quoted below :-

"I. Whether on the facts and in the circumstances of the case and on a correct interpretation of section 43B of the Income Tax Act, 1961, the Income Tax Appellate Tribunal, 'A' Bench, Kolkata misdirected itself in law in confirming the disallowance of Rs.0.409 Million in respect of the assessment year 1997-98." "I. Whether on the facts and in the circumstances of the case and on a correct interpretation of section 43B of the Income Tax Act, 1961, the Income Tax Appellate Tribunal, 'A' Bench, Kolkata misdirected itself in law in 4 confirming the disallowance of Rs.3.992 Millions in respect of the assessment year 1998-99"

 

After hearing the learned counsel for the parties and after going through the materials on record, we find that the most vital question involved in these three appeals is whether the amendment made in section 43B of the Income-tax Act 1961 by the Finance Act, 2003 is clarificatory and thereby retrospective in nature. If the aforesaid question is answered in favour of the assessee, in that event, Point No.3 formulated in all these three appeals should be answered in favour of the assessee inasmuch as the Tribunal below disallowed the amount of deposit towards provident fund on the sole ground that those were delayed deposit in terms of Section 36(1)(va) read with Section 43B of the Act.

 

In our opinion, in view of the subsequent decision of the Supreme Court in the case of Commissioner of Income Tax vs. Alom Extrusions Limited. reported in (2009) 318 ITR 306 (SC) whereby it has followed the earlier decision of that Court in the case of Allied Motors Private Limited vs. CIT (1997) 224 ITR 677(SC) to the effect that the said amendment is retrospective in nature, the assessee should get the benefit of the amended provision as the deposit made was 5 within the time prescribed in section 139(1) read with Section 43B of the Act and, therefore, the order of the Tribunal below disallowing the benefit of the amendment to the assessee cannot be supported.

 

We, therefore, answer the second question in the affirmative and the third question in the negative.

 

In view of the applicability of the aforesaid amended provision of Section 43B of the Act, the first question formulated in all these three appeals is answered in the affirmative and in favour of the assessee.

 

All these three appeals are, thus, disposed of in terms of our aforesaid decision by setting aside the order passed

by the Tribunal below.

 

In the facts and circumstances of the case, there will be no order as to costs.

 

Photostat certified copy of this order be made available to the parties upon compliance of usual formalities.

 

 

Check List by Info Agents

Available in Report (Yes / No)

1) Year of Establishment

Yes

2) Locality of the firm

Yes

3) Constitutions of the firm

Yes

4) Premises details

No

5) Type of Business

Yes

6) Line of Business

Yes

7) Promoter’s background

Yes

8) No. of employees

No

9) Name of person contacted

No

10) Designation of contact person

No

11) Turnover of firm for last five years

Yes

12) Profitability for last five years

Yes

13) Reasons for variation <> 20%

--

14) Estimation for coming financial year

No

15) Capital in the business

Yes

16) Details of sister concerns

Yes

17) Major suppliers

No

18) Major customers

No

19) Payments terms

No

20) Export / Import details (if applicable)

No

21) Market information

--

22) Litigations that the firm / promoter

--

23) Banking Details

Yes

24) Banking facility details

Yes

25) Conduct of the banking account

--

26) Buyer visit details

--

27) Financials, if provided

Yes

28) Incorporation details, if applicable

Yes

29) Last accounts filed at ROC

No

30) Major Shareholders, if available

Yes

 

INDUSTRY SCENARIO

 

From April 2009 till November 2009 the poultry scenario all over the country continued to be bleak.

 

(a) Fresh outbreaks of Bird Flu occurred in West Bengal, Assam and Sikkim.

 

(b) Export of Poultry continued to be banned.

 

(c) Consumption of poultry products as well as prices remained stagnant.

 

(d) Global Economic downturn had its effect on the industry.

 

From December 2009 the market started reviving. Consumer confidence for poultry meat consumption resumed. Continued losses had a major effect on production, resulting in decline in availability of chicken. Prices started rising as demand surpassed availability.

 

The company took certain measures resulting in minimization of its losses.

 

(a) The company was able to have strategic alliances with Suguna, Japfa and other companies for utilization of idle capacities resulting in an annual income of Rs.19.100 Millions. 

 

(b) The company received interest subvention of Rs.69.700 Millions, a relief granted by the Government of India.

 

(c) The Food Mart Division of the company was able to obtain Display Charges from major Companies, the Hindusthan Lever, Godrej to add to the bottom line.

 

(d) KFC continued to support the company by way of increased purchases and allotting new stores for supplies.

 

The company was able to end the year on a modest profit of Rs.75.173 Millions.

 

The directors are of the opinion that the fear of bird flu affecting chicken sales and prices will be a thing of the past with consumer confidence returning back, and the industry should see robust growth and attractive rates in the future years to come.

 

The need of the hour will be fast capacity utilization by the company.

 

 

PROFIT AND LOSS ACCOUNT

 

During the year, the Company earned a profit of Rs.75.100 Millions compared to previous year’s loss of Rs.180.300 Millions. 

 

 

TURNOVER

 

The Company’s turnover during the year under review has been Rs.1649.400 Millions compared to Rs.1362.900 Millions recorded in the previous year.

 

 

PROJECTS

 

The ongoing plans for increase in Food-Marts have been kept on hold. The directive expect improvement in the company overall financial position in the next years and plans for next projects will be taken on selective basis.

 

Bankers Charges Report as per Registry

 

Corporate identity number of the company

U01222WB1973PLC029137

Name of the company

ARAMBAGH HATCHERIES LIMITED

Address of the registered office or of the principal place of  business in India of the company

P O Arambagh, District Hooghly-712601, West Bengal, India

Email : secretarial@arambagh.com

This form is for

Modification of charge

Charge identification (ID) number of the charge to be modified

80053843

Type of charge

Immovable property

Particular of charge holder

UCO Bank (Lead Bank) and Other Banks, MID Corporate Branch, 10, B. T. M. Sarani (Brabourne Road), Kolkata-700001, West Bengal, India

Email : bo.mcckolmain@ucobank.co.in

Nature of instrument creating charge

Memorandum of entry for extension of joint mortgage

Date of instrument Creating the charge

22.03.2011

Amount secured by the charge

Rs.1835.027 Millions

Brief of the principal terms an conditions and extent and operation of the charge

Rate of Interest

Interest shall be charged on the outstandings in the said account(s) at such rate or rates as may be determined by the banks from time to time

 

Terms of Repayment

Term Loan: repayable as per existing repayament schedule

Working Capital: repayable on demand

 

Margin

As applicable

 

Extent and Operation of the charge

Term Loan: by way of first charge ranking pari passu among other term lenders under consortium

Working Capital: by way of second charge ranking pari passu among working capital lenders under UCO Bank consortium

 

Others

All the mortgaged assets shall be insured against loss or damage under bank clause.  Other terms and conditions under common loan agreement and working capital consortium agreement

Short particulars of the property or asset(s) charged (including complete address and location of the property)

JOINT equitable mortgage of company's immovable properties situated at (1) mouza. Telipara, P.S. Arambagh, Distrcit Hooghly, West Bengal, India (2) mouza. Fakirdas, P.S. Rajnagar, District Birbhum, West Bengal, India (3) mouza. Icharia P.S. Sonamukhi, District Bankura, West Bengal, India (4) mouza. Mazuria, P.S. Ghuskara, District Burdwan and various places in the state of West Bengal memorandum of entry together with all buildings, factory sheds, structures, bunglows, outhouses, godowns and immovable plant and machinery constructed, erected and/or installed thereon both present and future

Date of instrument modifying the charge

28.04.2009

Particulars of the present modification

The company has extended the joint equitable mortgage in favour of consortium member banks by way of constructive delivery of title deeds in respect of all immovable properties situated at various places in West Bengal of memorandum of entry to secure the enhanced overall credit facilities of Rs.1835.027 Millions comprising of term loan of Rs.798.327 Millions and working capital limit of Rs.1036.700 Millions. All other terms and conditions remain unaltered.

 

FIXED ASSETS

 

·         Land

·         Building

·         Plant and Machinery

·         Road Construction

·         Poultry Equipment

·         Furniture and Fixture

·         Electrical Installation

·         Deep Fridge

·         Delivery Van

·         Incubator and Setter

·         Cycle

·         Computer

·         Water Treatment and District Plant

·         Vehicles

·         Office Machinery

 


CMT REPORT (Corruption, Money Laundering & Terrorism]

 

The Public Notice information has been collected from various sources including but not limited to: The Courts, India Prisons Service, Interpol, etc.

 

1]         INFORMATION ON DESIGNATED PARTY

No records exist designating subject or any of its beneficial owners, controlling shareholders or senior officers as terrorist or terrorist organization or whom notice had been received that all financial transactions involving their assets have been blocked or convicted, found guilty or against whom a judgement or order had been entered in a proceedings for violating money-laundering, anti-corruption or bribery or international economic or anti-terrorism sanction laws or whose assets were seized, blocked, frozen or ordered forfeited for violation of money laundering or international anti-terrorism laws.

 

2]         Court Declaration :

No records exist to suggest that subject is or was the subject of any formal or informal allegations, prosecutions or other official proceeding for making any prohibited payments or other improper payments to government officials for engaging in prohibited transactions or with designated parties.

 

3]         Asset Declaration :

No records exist to suggest that the property or assets of the subject are derived from criminal conduct or a prohibited transaction.

 

4]         Record on Financial Crime :

            Charges or conviction registered against subject:                                                  None

 

5]         Records on Violation of Anti-Corruption Laws :

            Charges or investigation registered against subject:                                                          None

 

6]         Records on Int’l Anti-Money Laundering Laws/Standards :

            Charges or investigation registered against subject:                                                          None

 

7]         Criminal Records

No available information exist that suggest that subject or any of its principals have been formally charged or convicted by a competent governmental authority for any financial crime or under any formal investigation by a competent government authority for any violation of anti-corruption laws or international anti-money laundering laws or standard.

 

8]         Affiliation with Government :

No record exists to suggest that any director or indirect owners, controlling shareholders, director, officer or employee of the company is a government official or a family member or close business associate of a Government official.

 

9]         Compensation Package :

Our market survey revealed that the amount of compensation sought by the subject is fair and reasonable and comparable to compensation paid to others for similar services.

 

10]        Press Report :

            No press reports / filings exists on the subject.

 


 

CORPORATE GOVERNANCE

 

MIRA INFORM as part of its Due Diligence do provide comments on Corporate Governance to identify management and governance. These factors often have been predictive and in some cases have created vulnerabilities to credit deterioration.

 

Our Governance Assessment focuses principally on the interactions between a company’s management, its Board of Directors, Shareholders and other financial stakeholders.

 

 

CONTRAVENTION

 

Subject is not known to have contravened any existing local laws, regulations or policies that prohibit, restrict or otherwise affect the terms and conditions that could be included in the agreement with the subject.

 

 

FOREIGN EXCHANGE RATES

 

Currency

Unit

Indian Rupees

US Dollar

1

Rs.53.24

UK Pound

1

Rs.86.14

Euro

1

Rs.69.98

 

 

INFORMATION DETAILS

 

Report Prepared by :

CTI

 


 

 

RATING EXPLANATIONS

 

 

RATING

STATUS

 

 

PROPOSED CREDIT LINE

>86

Aaa

Possesses an extremely sound financial base with the strongest capability for timely payment of interest and principal sums

 

Unlimited

71-85

Aa

Possesses adequate working capital. No caution needed for credit transaction. It has above average (strong) capability for payment of interest and principal sums

 

Large

56-70

A

Financial & operational base are regarded healthy. General unfavourable factors will not cause fatal effect. Satisfactory capability for payment of interest and principal sums

 

Fairly Large

41-55

Ba

Overall operation is considered normal. Capable to meet normal commitments.

 

Satisfactory

26-40

B

Capability to overcome financial difficulties seems comparatively below average.

 

Small

11-25

Ca

Adverse factors are apparent. Repayment of interest and principal sums in default or expected to be in default upon maturity

 

Limited with full security

<10

C

Absolute credit risk exists. Caution needed to be exercised

 

 

Credit not recommended

-

NB

                                       New Business

-

 

 

 

PRIVATE & CONFIDENTIAL : This information is provided to you at your request, you having employed MIPL for such purpose. You will use the information as aid only in determining the propriety of giving credit and generally as an aid to your business and for no other purpose. You will hold the information in strict confidence, and shall not reveal it or make it known to the subject persons, firms or corporations or to any other. MIPL does not warrant the correctness of the information as you hold it free of any liability whatsoever. You will be liable to and indemnify MIPL for any loss, damage or expense, occasioned by your breach or non observance of any one, or more of these conditions

This report is issued at your request without any risk and responsibility on the part of MIRA INFORM PRIVATE LIMITED (MIPL) or its officials.