Scheduled Commercial Banks can also become sponsors of PFs (See 'Corp Brief') MNRE assures full support to IREDA in its growth journey (See 'Corp Brief') IBC - Non- stamping or insufficient stamping of one of documents relied upon by creditor does not impede initiation of insolvency resolution process, which differs from enforcement action: NCLT (See 'Legal Desk') MoD records significant progress in implementing wide-ranging reforms (See 'Corp Brief') Lower CNG, PNG Prices to ease household and transport fuel costs: Govt (See 'Corp Brief') IBC - Penalty can be levied if lapses demonstrated non-compliance with statutory and regulatory obligations incumbent on IP, undermining interests of stakeholders and integrity of insolvency process: IBBI (See 'Legal Desk') DFS successfully concludes nationwide campaign - Your Money, Your Right (See 'Corp Brief') Chouhan on a three-day visit to Maharashtra (See 'Corp Brief') DoP & SIDBI sign MoU for Contact Point Verification of Informal Micro Enterprises (See 'Corp Brief') Competition Law - Practice of tying the sale of urea with other fertilizer products amounts to agreement that causes or is likely to cause an appreciable adverse effect on competition in India, thereby contravening Sec 3 of Competition Act: CCI (See 'Legal Desk') NICDC Logistics Data Services completes 10 Years of Operations in Logistics Data and Digital Systems (See 'Corp Brief') PM to inaugurate exposition of sacred Piprahwa Relics on 3rd Jan, 2026 (See 'Corp Brief') WAVES Bazaar, One Stop Portal for Showcasing India's Creative Talents (See 'Corp Brief') Competition Law - Control over DCE compatibility & restrictive contractual conditions could effectively make exhibitors/producers captive customers of specific post-production processors, harming competition: CCI (See 'Legal Desk') We will be able to run Vande Bharat train through Mangaluru route: Vaishnaw (See 'Corp Brief') President of India to confer AI Certificates (See 'Corp Brief') Negotiable Instruments Act, 1881 - Summoning order quashed where complaint lacks specific averments regarding petitioner's direct involvement in issuance of dishonored cheques: HC (See 'Legal Desk') DFS Secy highlights key initiatives for deepening digitisation of tribunals (See 'Corp Brief') Framework for professionalized Sports Governance being constructed (See 'Corp Brief') Negotiable Instruments Act, 1881 - merely being Director in company is per se not enough to establish vicarious liability under Section 141 of the Act, without clear allegations of role in company's affairs: HC (See 'Legal Desk') NHAI signs MoU with National Test House to Strengthen Quality Assurance in Highway Projects (See 'Corp Brief') PMLA - Fact that property is retransferred to the beneficial owner after completion of purpose for which it was given to benamidar, provisions of PBPT Act are attracted and it does not exonerate any party to benami transaction: SAFEMA (See 'Legal Desk') DoT extends Pro-Tem Security Certification Scheme for two years from 01-01-2026 (See 'Corp Brief') PMLA - Even if predicate offences were not directly linked to appellants, ingredients of money laundering under PMLA could still apply as per settled legal precedent: SAFEMA Tribunal (See 'Legal Desk') PMLA - Attachments of even bank balances can be sustained if enforcement agency satisfies statutory scheme and evidentiary requirements: SAFEMA Tribunal (See 'Legal Desk') Joshi releases Indian Standard for Electric Agricultural Tractor (See 'Corp Brief') IPR - Generic or commonly descriptive word can never become trade marks on their own as they never acquire distinctiveness or a secondary meaning: HC (See 'Legal Desk') NTH signs MoU with DRDO's DMSRDE for research, testing and training collaboration (See 'Corp Brief') IPR - Kohinoor's trademark registrations in Delhi and marketing agreement executed between parties in Delhi were sufficient to vest territorial jurisdiction in Court: HC (See 'Legal Desk')

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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