CCI approves acquisition of equity of Royal Challengers by a consortium (See 'Corp Brief') CCI approves acquisition of shares in Krazybee Services and Finnovation Tech by Mars Equity Dragon Fund (See 'Corp Brief') Trade Marks - While Section 9(1)(a) bars registration of marks devoid of distinctive character, distinctiveness is to be assessed w.r.t the goods & not in abstract; composite marks must be evaluated as a whole: HC (See 'Legal Desk') CCI approves combination of 7 SPVs by Anantam Highways to Build India Infrastructure Fund (See 'Corp Brief') CCI okays combination of Nippon Life by DWS Group GmbH (See 'Corp Brief') CGST Delhi observes GST Pakhwada 2026 with stakeholder outreach (See 'Corp Brief') Arbitration and Conciliation - Writ court's intervention is unwarranted where arbitral award is reasoned, plausible and not perverse in any manner: HC (See 'Legal Desk') Railways approves Rs 499 Crore Mansi-Saharsa Doubling Project (See 'Corp Brief') Five New Sub-Regional Offices of ESIC to be set up across India (See 'Corp Brief') Govt extends full customs duty exemption on critical petrochemical products (See 'Corp Brief') Contempt of Court - Contempt jurisdiction cannot be invoked based on expansive or alternative interpretation of Court's orders - only clear, explicit & willful disobedience can be penalised: HC (See 'Legal Desk') CEA organizes All-India Electrical Safety awareness programme (See 'Corp Brief') Regional industries must become partners in Viksit Bharat journey: RM (See 'Corp Brief') Union Minister reviews MSME Schemes in Ladakh (See 'Corp Brief') Competition Act - Allegation pertaining to a service dispute between a user & a platform service provider w.r.t. subscription management, cancellation of service & compensation, does not come under ambit of Section 4 of the Act: CCI (See 'Legal Desk') MPEDA to organise Second National Seafood Skill Olympiad during Seafood Expo Bharat 2026 (See 'Corp Brief') India's Space and Biotechnology Sectors present new collaboration opportunities: MoS (See 'Corp Brief') IPR - After pronouncement of final judgment and decree under Order XX CPC, Court becomes functus officio and cannot grant liberty for post-decree impleadment of mirror/redirect/alphanumeric websites: HC (See 'Legal Desk') Office of Principal Scientific Adviser signs MoU with Data Security Council of India (See 'Corp Brief') Telangana strengthens Clean Cities Through Behaviour Change and Citizen Action (See 'Corp Brief') IPR - If essential and dominant feature of earlier mark is fully contained in later mark, and later mark is only pluralized form that conveys same meaning, later mark can be held deceptively similar: HC (See 'Legal Desk') JP Nadda To Release Guidelines For 'Anaemia Mukt Bharat Abhiyaan' Today (See 'Corp Brief') A&C - Restraint on alienation of assets cannot be imposed when such relief was neither specifically sought nor argued in Section 17 application: HC (See 'Legal Desk') Environment Minister inaugurates workshop on tiger reintroduction in Sariska (See 'Corp Brief') JP Nadda to unveil healthcare programme for children up to three years (See 'Corp Brief') A&C - Scope of scrutiny u/s 11 is confined to prima facie examination of existence of arbitration agreement & does not extend to adjudication of disputed questions of fact or law: HC (See 'Legal Desk') Tech Innovation and disruption in Construction Industry (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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