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') Govt prioritising data-driven, city-specific weather forecasting for public safety: MoS (See 'Corp Brief') Misc - If public authority holds any information in form of data, statistics, abstracts, then applicant can have access to same under RTI Act subject to exemptions u/s 8: IBBI (See 'Legal Desk') GeM marks 7 Years of Women-led MSE Participation in Public Procurement (See 'Corp Brief') FEMA - Amount of penalty which is to be imposed by Adjudicating Authority is matter of discretion which is necessarily required to be exercised judiciously: SAFEMA (See 'Legal Desk') CAQM conducts inspection of road stretches maintained by Municipal Corporation of Faridabad (See 'Corp Brief') NFRA-IndiaAI launch Financial Reporting Compliance Challenge (See 'Corp Brief') Minister chairs Regional Conference of Labour & Industry Secretaries of States (See 'Corp Brief') PMLA - Precondition for being proceeds of crime is that property has been derived or obtained, directly or indirectly, by any person as result of criminal activity relating to scheduled offence: SAFEMA (See 'Legal Desk') Joshi concludes Abu Dhabi Visit with focus on Clean Energy Investment (See 'Corp Brief') India among top 3 startup nations with substantial number of women-led ventures: MoS (See 'Corp Brief') PMLA - Company cannot escape from liability on account of its ex-directors: SAFEMA (See 'Legal Desk') DFS Secy reviews performance of Public Sector Insurance Companies (See 'Corp Brief') Patent Agent Examination 2026 held with 5,500 Candidates (See 'Corp Brief') CCI permits Chrys Capital to pick up equity in Nash Industries (See 'Corp Brief') Arbitration and Conciliation Act - as per Sections 38 & 39 of CPC, a decree can be executed by court with competent jurisdiction, including court where respondent's assets are located: HC (See 'Legal Desk') PFRDA undertakes NPS Outreach for MSMEs at Vibrant Gujarat (See 'Corp Brief') TRAI assesses Network Quality Across Nasik and Surrounding Area (See 'Corp Brief') YUVA AI: A step towards democratising access to AI Knowledge (See 'Corp Brief') SEBI - Direct acquisition of shares in Vodafone Idea by Government, arising from conversion of interest on deferred spectrum auction and AGR dues into equity, should be exempted from mandatory open offer requirements: SEBI (See 'Legal Desk') 'Jo Vaada Kiya, Wo Nibhana Padega' - Promissory Estoppel Reaffirmed: Supreme Court Reiterates the Rules of State Accountability (See CORP EINSICHT) Strategic Alliance between ICAR and NDDB to strengthen Innovation (See 'Corp Brief') BHASHINI Samudaye: Strengthening India's Language AI Ecosystem (See 'Corp Brief') Industrial Units are entitled to disbursal of capital investment subsidy & DG Set subsidy, and State Functionary is precluded from refusing to disburse same: SC (See 'Legal Desk') Minister reviews steps to romote manufacturing of Rare Earth Permanent Magnets (See 'Corp Brief') IIT Delhi hosts Seminar on advancing Quality Assessment of Medicinal Plants (See 'Corp Brief') IPR - Importance of doctrine of 'initial interest confusion' in pharmaceutical trade, affirming that even fleeting moment of confusion at initial stage is sufficient for infringement: HC (See 'Legal Desk') Pradhan interacts with PM-YUVA 3.0 authors at World Book Fair 2026 (See 'Corp Brief') Companies Law - Sec 433 of Companies Act, 2013 , which empowers NCLT/NCLAT to apply Limitation Act, 1963, cannot be given retrospective effect to empower CLB: SC (See 'Legal Desk') Chouhan addresses Young Leaders at Viksit Bharat Dialogue 2026 (See 'Corp Brief')

NFRA report finds fault with appointment of auditor for IL&FS

Published: Sep 24, 2021

By TIOLCorplaws News Service

NEW DELHI, SEPT 24, 2021: THE National Financial Reporting Authority (NFRA) has issued Audit Quality Review (AQR) report of the statutory audit of IL&FS Transportation Networks Limited (ITNL) for the Financial Year 2017-18.

The statutory auditor for this engagement was SRBC & Co LLP, Chartered Accountants.

The AQR has been conducted pursuant to Section 132(2)(b) of the Companies Act, 2013 and NFRA Rules, 2018 which require the NFRA to, inter alia, monitor and enforce the compliance with accounting standards and auditing standards India.

Some of the significant conclusions of NFRA in the report are as follows:

The initial appointment of SRBC & Co LLP, and the continuation of SRBC & Co LLP, as statutory auditor of ITNL, was prima facie illegal and void.

The Audit Firm has failed to appropriately and sufficiently evaluate the use of the going concern basis of accounting by the Management and has thus failed to note the implications thereof in the Auditor's Report.

ITNL's financial exposure to its subsidiaries, associates and joint ventures amounting to Rs. 3,346 crore was not properly valued as per the applicable Accounting Standards.

The Company's losses during 2017-18 were understated by at least Rs. 2021 crore on account of unjustified reversal of Expected Credit Loss (ECL) on loans given to the SPV and on trade receivables, and due to incorrect impairment valuation. This is excluding the impact due to incorrect treatment of the letter of comforts amounting to Rs 2654 crore, which should have been correctly treated as financial guarantees as per the accounting standards, the effect of which on profit/loss is not quantified.

The Audit Firm's EQC partner has failed to report material misstatements known to him to appear in a financial statement with which he is concerned in his professional capacity and has not exercised due diligence to obtain sufficient information to objectively evaluate the significant judgements of the Engagement Team and conclusions reached by them.

The Audit Firm has failed to maintain documents as per SA 230. The integrity of the Audit File is questionable due to tampering and inconsistency pointed out at several places in the AQRR.

TIOL CORP SEARCH

TIOL GROUP WEBSITES