Science ministries push thematic clustering of Startups at review meeting (See 'Corp Brief') Nearly 100 delegates from over 70 countries to participate at ECI event (See 'Corp Brief') A&C - Bill discounting is short-term, high-risk commercial financing mechanism where elevated interest rates are neither unusual nor inherently unfair: SC (See 'Legal Desk') CEA has successfully conducted 220 elections; 70 elections currently underway (See 'Corp Brief') Service Matter - Government is bound by same limitation laws as any other party; delay caused by bureaucratic procedures cannot be mechanically condoned: HC (See 'Legal Desk') Khattar inaugurates Centre of Excellence for power sector regulatory affairs at Delhi IIT (See 'Corp Brief') Misc - Civil suit seeking cancellation of a registered sale deed is barred u/s 34 of SARFAESI Act when SARFAESI measures have been initiated: HC (See 'Legal Desk') Port, Inland Waterways Projects Worth Rs 552 Crore launched to boost Riverine Logistics (See 'Corp Brief') Manjhi inaugurates PM Vishwakarma Haat 2026 in New Delhi (See 'Corp Brief') PMLA - If property is attached for value thereof to proceeds of crime, it happens when proceeds of crime acquired or obtained directly or indirectly is not available in hands of person: SAFEMA (See 'Legal Desk') AIIA celebrates National Startup Day 2026 (See 'Corp Brief') SEBI - Proposed Acquirer shall be exempted from complying with requirements of sub-regulation (1) of regulation 3 and regulation 4 of SAST Regulations, 2011 with respect to direct acquisition in Target Company: SEBI (See 'Legal Desk') 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') 'Jo Vaada Kiya, Wo Nibhana Padega' - Promissory Estoppel Reaffirmed: Supreme Court Reiterates the Rules of State Accountability (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.

TIOL CORP SEARCH

TIOL GROUP WEBSITES