CCPA takes action against unauthorized sale of Walkie-Talkies on E-Com Platforms (See 'Corp Brief') IBC - Status of financial creditor is granted to individual allottees u/s 5(8)(f) of IBC, but this status does not extend to society they are members of, as society is distinct juristic entity: SC (See 'Legal Desk') IICA launches registration for Post Graduate Insolvency Programme (See 'Corp Brief') IBC - 'Pre-existing dispute' capable of barring initiation of CIRP u/s 9 IBC must be genuine and supported by substantive evidence, and not moonshine defence raised merely to obstruct CIRP: SC (See 'Legal Desk') Rs 1 Lakh Crore R&D Fund to propel Deep Tech Research: Goyal (See 'Corp Brief') A&C - Mere commercial relationship or marking of emails to principal employer does not establish legal intent to bind third-party sub-vendor to main arbitration agreement: SC (See 'Legal Desk') Govt positions Tribal Healers as Partners in Tribal Health Transformation (See 'Corp Brief') A&C - High Courts cannot effectively act as appellate court, re-appreciate evidence, and substitute its own interpretation in place of arbitral award: SC (See 'Legal Desk') India's Textile & Apparel Exports maintain growth momentum amid global headwinds (See 'Corp Brief') A&C - Arbitral tribunals must first look to contract that defines legal relationship between parties: SC (See 'Legal Desk') Ministry of Coal executes Agreements for 3 Blocks with Damodar Valley Corporation (See 'Corp Brief') IBC - Directors/ promoters cannot be exposed to personal liability through execution, in absence of prior and reasoned determination justifying disregard of corporate personality: SC (See 'Legal Desk') Govt prioritising data-driven, city-specific weather forecasting for public safety: MoS (See 'Corp Brief') Misc - If public authority holds any information in form of data, statistics, abstracts, then applicant can have access to same under RTI Act subject to exemptions u/s 8: IBBI (See 'Legal Desk') GeM marks 7 Years of Women-led MSE Participation in Public Procurement (See 'Corp Brief') FEMA - Amount of penalty which is to be imposed by Adjudicating Authority is matter of discretion which is necessarily required to be exercised judiciously: SAFEMA (See 'Legal Desk') CAQM conducts inspection of road stretches maintained by Municipal Corporation of Faridabad (See 'Corp Brief') NFRA-IndiaAI launch Financial Reporting Compliance Challenge (See 'Corp Brief') Minister chairs Regional Conference of Labour & Industry Secretaries of States (See 'Corp Brief') PMLA - Precondition for being proceeds of crime is that property has been derived or obtained, directly or indirectly, by any person as result of criminal activity relating to scheduled offence: SAFEMA (See 'Legal Desk') Joshi concludes Abu Dhabi Visit with focus on Clean Energy Investment (See 'Corp Brief') India among top 3 startup nations with substantial number of women-led ventures: MoS (See 'Corp Brief') PMLA - Company cannot escape from liability on account of its ex-directors: SAFEMA (See 'Legal Desk') DFS Secy reviews performance of Public Sector Insurance Companies (See 'Corp Brief') Patent Agent Examination 2026 held with 5,500 Candidates (See 'Corp Brief') CCI permits Chrys Capital to pick up equity in Nash Industries (See 'Corp Brief') Arbitration and Conciliation Act - as per Sections 38 & 39 of CPC, a decree can be executed by court with competent jurisdiction, including court where respondent's assets are located: HC (See 'Legal Desk') PFRDA undertakes NPS Outreach for MSMEs at Vibrant Gujarat (See 'Corp Brief') TRAI assesses Network Quality Across Nasik and Surrounding Area (See 'Corp Brief') YUVA AI: A step towards democratising access to AI Knowledge (See 'Corp Brief') SEBI - Direct acquisition of shares in Vodafone Idea by Government, arising from conversion of interest on deferred spectrum auction and AGR dues into equity, should be exempted from mandatory open offer requirements: SEBI (See 'Legal Desk') 'Jo Vaada Kiya, Wo Nibhana Padega' - Promissory Estoppel Reaffirmed: Supreme Court Reiterates the Rules of State Accountability (See CORP EINSICHT) Strategic Alliance between ICAR and NDDB to strengthen Innovation (See 'Corp Brief') BHASHINI Samudaye: Strengthening India's Language AI Ecosystem (See 'Corp Brief') Industrial Units are entitled to disbursal of capital investment subsidy & DG Set subsidy, and State Functionary is precluded from refusing to disburse same: SC (See 'Legal Desk') Minister reviews steps to romote manufacturing of Rare Earth Permanent Magnets (See 'Corp Brief') IIT Delhi hosts Seminar on advancing Quality Assessment of Medicinal Plants (See 'Corp Brief') IPR - Importance of doctrine of 'initial interest confusion' in pharmaceutical trade, affirming that even fleeting moment of confusion at initial stage is sufficient for infringement: HC (See 'Legal Desk') Pradhan interacts with PM-YUVA 3.0 authors at World Book Fair 2026 (See 'Corp Brief') Companies Law - Sec 433 of Companies Act, 2013 , which empowers NCLT/NCLAT to apply Limitation Act, 1963, cannot be given retrospective effect to empower CLB: SC (See 'Legal Desk') Chouhan addresses Young Leaders at Viksit Bharat Dialogue 2026 (See 'Corp Brief')

Govt panel tables report on CSR; moots for making CSR tax deductible

Published: Aug 13, 2019

By TIOLCORPLAWS News Service

NEW DELHI, AUG 13, 2019: THE Secretary (Corporate Affairs), Mr Injeti Srinivas, today presented the Report of the High Level Committee on CSR to the Union Minister of Finance and Corporate Affairs, Ms Nirmala Sitharaman. The Committee has made far reaching recommendations.  The main recommendations  include, making CSR expenditure tax deductible, provision for carry forward of unspent balance for a period of 3 - 5 years, aligning Schedule 7 with the SDGs by adopting a SDG plus framework (which would additionally include sports promotion, Senior Citizens'  welfare, welfare of differently abled persons, disaster management and heritage protection), balancing local area preferences with national priorities, introducing impact assessment studies for CSR obligation of 5 crore or more and registration of implementation agencies on MCA portal. 

The other recommendations include developing a CSR exchange portal to connect contributors, beneficiaries and agencies, allowing CSR in social benefit bonds, promoting social impact companies, and third party assessment of major CSR projects.

The Committee has emphasized on not treating CSR as a means of resource gap funding for government schemes. The Committee discourages passive contribution of CSR into different funds included in Schedule VII of the Act.  It has emphasized on CSR spending as a board driven process to provide innovative technology based solutions for social problems.  The Committee has also recommended that companies having CSR prescribed amount below Rs. 50 lakh may be exempted from constituting a CSR Committee.  The Committee has also recommended that violation of CSR compliance may be made a civil offence and shifted to the penalty regime.

The High Level Committee on CSR was constituted in October, 2018 under the Chairmanship of Secretary (Corporate Affairs) to review the existing CSR framework and make recommendations on strengthening the CSR ecosystem, including monitoring implementation and evaluation of outcomes.  The Members of the Committee included Mr Sameer Sharma, DG & CEO, Indian Institute of Corporate Affairs, Dr A.K. Mittal, former CMD, NBCC, Mr N. Chandrasekaran, Chairman, Tata Sons, Mr Amit Chandra, MD, Bain Capital Private Equity, Mr B.S. Narasimha, former Addl. Solicitor General of India, Mr Rajeev Luthra, Founder & MD, Luthra and Luthra Law Office, Ms Shobana Kamineni,  Executive Vice Chairperson, Apollo,    Prof. Anil Gupta, Founder, Honey Bee Network and Professor, IIM, Ahmedabad, Dr Narinder Dhruv Batra, President, Indian Olympic Association, Mr S. Santhanakrishnan. Chartered Accountant and Mr Mathew Cherian, CEO, Helpage India.  Mr Gyaneshwar Kumar Singh, Joint Secretary, Ministry of Corporate Affairs, was the Member and Convener.

TIOL CORP SEARCH

TIOL GROUP WEBSITES