DFS organises Workshop to Strengthen Implementation of Reservation Policy (See 'Corp Brief') Experts from DGFT, EXIM Bank and Digital Commerce share Practical Insights with MSMEs (See 'Corp Brief') IPR - Trademark registration is liable for cancellation u/s 57(2) of Trade Marks Act if it is made without sufficient cause: HC (See 'Legal Desk') Chhattisgarh emerges as First inland State to initiate Exports of Value-Added Tilapia products (See 'Corp Brief') SARFAESI - In respect of monies recoverable from a defaulting entity, the dues payable to a bank, being financial creditor, do not take precedence, over dues owed to the EPFO: HC (See 'Legal Desk') Digital Public Infrastructure is a Necessity, not a Luxury: MoS (See 'Corp Brief') IBC - Payment or transaction involving company's assets during insolvency moratorium without court approval is illegal: NCLT (See 'Legal Desk') RDI Fund 'Conflict of Interest' policy protected by Stringent Safeguards: MoS (See 'Corp Brief') BRICS Youth Council Meeting and BRICS Youth Summit held successfully in Gandhinagar (See 'Corp Brief') RM to hold bilateral talks with his Japanese counterpart in New Delhi (See 'Corp Brief') 'Friends of MY Bharat': A New Global Youth Connect launched (See 'Corp Brief') IBC - Writ remedy cannot be invoked where petitioner does not challenge any order passed by either Tribunal but merely seeks directions relating to listing, constitution of special bench & restraint on pending proceedings - costs of Rs 25000 imposed on petitioner: HC (See 'Legal Desk') HM to chair 31st meeting of Southern Zonal Council in Mahabalipuram (See 'Corp Brief') India hosts 8th BRICS Youth Energy Summit 2026 (See 'Corp Brief') Health Ministry organises Capacity Building Workshop to strengthen Leprosy Control (See 'Corp Brief') IPR - Fundamental test in trade dress passing off action is one of overall impression and similarity, rather than side-by-side comparison of minor differences: HC (See 'Legal Desk') FM asks Banks to establish sustained relationship with Young customers (See 'Corp Brief') Guwahati-Tezpur Corridor: A New Highway Link to Boost Assam's Tea, Tourism and Trade (See 'Corp Brief') Historic Turnout Marks West Bengal's First-Ever Kaushal Mahotsav (See 'Corp Brief') PMLA - Accused has no vested or matter-of-right entitlement to conversion of non-bailable warrant into bailable warrant: HC (See 'Legal Desk') CCI approves acquisition of 23% equity of TM International Logistics by Tata Steel (See 'Corp Brief') CCI nod for addl shareholding of Acko Technology by General Atlantic Singapore (See 'Corp Brief') CCI okays acquisition of equity in Bharti Life Insurance by Prudential Corporation (See 'Corp Brief') Competition Law - Collective determination of freight rates by truck associations constituted horizontal agreement that directly determined sale prices, thereby violating Sec 3(3)(a): CCI (See 'Legal Desk') Gwalior-Chambal Region to gain New Momentum with Strengthened Rail Connectivity (See 'Corp Brief') Credit to weaker sections reaches Rs 3.49 lakh crore (See 'Corp Brief') PMLA - NBFCs cannot shield themselves from liability when they allow their regulatory licenses to be used for predatory financial crimes: SAFEMA (See 'Legal Desk') Department of Youth Affairs to host BRICS Youth Council Meeting (See 'Corp Brief') IBC - Only crystallised claims as on effective date are payable on pro-rata basis from designated Operational Creditors Settlement Amount: SC (See 'Legal Desk') RDDBFI - Borrowers cannot cherry-pick figures from bank certificates while ignoring standard accounting treatment of interest after NPA classification: SC (See 'Legal Desk') IPR - Holding subsequent trademark registration does not override prior court injunction protecting visual get-up: HC (See 'Legal Desk') PSB Confluence 2026 - deposit mobilisation, banking for youth & investment cycles on agenda (See 'Corp Brief') A&C - Continuation of arbitration proceedings against some guarantors while statutory interim moratorium u/s 96 of IBC is in effect regarding 'debt' violates fundamental policy of Indian law: HC (See 'Legal Desk') IBC - Rights issue that does not comply with the mandatory timing and procedural requirements under company law, and which reduces majority shareholders into minority and transfers control, constitutes oppression: NCLT (See 'Legal Desk') DFS highlights mechanism for Timely Redressal of Insurance Policyholders' Grievances (See 'Corp Brief') CCRAS-NIIMH signs MoU with Sevadhi Museum and Indological Research Institute for Digitization (See 'Corp Brief') IBC - Second proviso to Rule 30(9) of Companies (Incorporation) Rules, 2014, acts as mandatory statutory bar, which prevents Regional Director from allowing shifting of registered office while appeal against resolution plan is pending: HC (See 'Legal Desk') Over 2 Lakh Villages, Now 'Har Ghar Jal' Certified (See 'Corp Brief') Companies Act - Assets of a company belong to the entity and its creditors, not its shareholders; transfer of company assets seemingly to place them beyond creditors' reach is impermissible: HC (See 'Legal Desk') MSDE convenes India-Japan Stakeholder Consultation to strengthen skilling (See 'Corp Brief') Competition law - Dealership termination, even if commercially harsh, does not by itself become competition law violation unless there is material showing an anti-competitive agreement causing dominance and abuse: CCI (See 'Legal Desk') Tete-a-tete around AI in banking sector often begins with algorithms (See CORP EINSICHT)

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.

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