NTWB welcomes Jan Vishwas Amendments (See 'Corp Brief') Anand Kumar Pal joins MoF as Chief Cost Adviser (See 'Corp Brief') India-GCC reaffirms commitment to Regional Stability (See 'Corp Brief') India-Bahrain stresses stability, Supply Chain Resilience and Stronger Economic Ties (See 'Corp Brief') J&K youth can be torchbearers of India's growth story in coming years: MoS (See 'Corp Brief') India Skills National Competition 2025-26 concludes in Greater Noida (See 'Corp Brief') MoFPI holds Parliamentary Consultative Committee and NIFTEM Council Meetings in Shillong (See 'Corp Brief') Minister to inaugurate 2-day Interactive forum to mark World Homoeopathy Day 2026 (See 'Corp Brief') IPR - Controller of Patent would decide whether differences, viewed in knowledge of alleged invention, constitute steps which would have been obvious to ordinary person skilled in art and rule out hindsight approach: HC (See 'Legal Desk') MoS asks private sector to accelerate its participation in R&D activities (See 'Corp Brief') 'Sahkar se Samriddhi' Vision guides National Review Conference in Varanasi (See 'Corp Brief') Department of Higher Education organises interactive session on Indian Knowledge Systems (See 'Corp Brief') IPR - Generic disclosure does not, by itself, defeat novelty of specific disclosure; Prior art that teaches away from claimed invention cannot serve as foundation for anticipation: HC (See 'Legal Desk') Pradhan Mantri Mudra Yojana completes 11 Years of empowering Small and Micro Entrepreneurs (See 'Corp Brief') International Conference on Spacecraft Mission Operations being held in Bengaluru (See 'Corp Brief') IPR - Prior user of trademark has superior rights over subsequent user who holds registration for same or similar mark: HC (See 'Legal Desk') Sirsa to review status of saline water Aquaculture cluster notified under PMMSY (See 'Corp Brief') TRAI releases paper on Satellite Communication Network Authorisation (See 'Corp Brief') Union Minister of Power to embark on 4-Day Visit to Bhutan (See 'Corp Brief') Benami Act - If no loan was repaid in actual, and just funds have been rotated among same group of parties, thereby establishing benami transaction, provisional attachment is justified: SAFEMA (See 'Legal Desk') CCI nod for acquisition of shares by Coastal Cedar Investments in Fleur Hotels (See 'Corp Brief') CCI approves acquisition of equity of KNR SPVs by Indus Infra Trust (See 'Corp Brief') CCI approves acquisition by Citrus Investment LLC of shares in Hitachi Construction Machinery (See 'Corp Brief') CCI okays acquisition of equity shares of Aditya Birla Housing Finance Ltd. by Indriya Ltd. (See 'Corp Brief') Company Law - Sourcing pre-condition deposit unlawfully from corporate funds in direct violation of Sec 185, or executing settlement agreements without effectuating actual refunds or delivering legally valid & habitable possession, is illegal: SC (See 'Legal Desk') CCI approves acquisition of equity in Nabha Power by Torrent Power Ltd. (See 'Corp Brief') Prototype Fast Breeder Reactor at Kalpakkam attains First Criticality (See 'Corp Brief') Policy for Transit Oriented Development for providing affordable housing in Delhi (See 'Corp Brief') PMLA - Initiating proceedings under PMLA for continuing possession or use of proceeds of crime acquired prior to enactment of PMLA does not violate Article 20(1) of Constitution: HC (See 'Legal Desk') Ministry of Mines notifies Amendment in Rules for Faster Operationalisation of Mines (See 'Corp Brief') Govt to curb Distress Sale in APT Crops; Value Addition to boost Farmers' Income (See 'Corp Brief') Navi Mumbai turning Textile Waste into Opportunity for People (See 'Corp Brief') TRAI releases Paper on 'Formulation of Regulatory Framework for ALTD Services (See 'Corp Brief') IPR - Minor alteration to well-established trademark, such as changing single letter, does not render new mark dissimilar, especially when it remains phonetically and visually close to original: HC (See 'Legal Desk') GeM achieves Rs 18.4 Lakh Crore GMV, Emerges as Key Digital Public Procurement Platform (See 'Corp Brief') Benami Act - Burden of proof of benami transaction rests strictly upon person asserting it, and reliance solely on uncorroborated statements of third parties recorded in unrelated Income Tax proceedings, is insufficient: SAFEMA (See 'Legal Desk') Union Minister to inaugurate NCVET Capacity Building (See 'Corp Brief') FEMA - Continuing adjudication u/s 16 of FEMA despite competent authority's refusal to confirm seizure u/s 37A of FEMA, is contrary to law: SC (See 'Legal Desk') Minister calls for stronger research-industry linkages to scale food innovation sector (See 'Corp Brief') A&C Act - Doctrine of 'transnational issue estoppel' applies to enforcement proceedings u/s 48 of Arbitration Act, barring enforcement court from undertaking merits-based review: SC (See 'Legal Desk') MoS backs scaling up indigenous Insulin production amid global supply concerns (See 'Corp Brief') A&C - Mere existence of document, despite it containing arbitration clause, would not qualify as arbitration agreement, unless it is signed by parties seeking to invoke clause as also party against whom enforcement is sought: HC (See 'Legal Desk') New Sainik School reflects Centre's Vision for Nation-Building through Education (See 'Corp Brief') A&C - Agreement to sell being unregistered and unstamped as per Registration Act, Transfer of Property Act, and Indian Stamps Act, cannot be enforced: HC (See 'Legal Desk') Supreme Court Clears Path For Single Insolvency Proceedings Against Linked Group Companies (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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