Govt notifies DPDP Act & Rules thereof; simplified framework for startups & data fiduciaries (See 'Corp Brief') SARFAESI - as per Sec 15 of the Act, if borrower's management is taken over by secured creditor, the management may be restored upon full repayment of debt: HC (See 'Legal Desk') Afforestation, ecological restoration - coal mining cos steps to ensure ecological balance (See 'Corp Brief') Competition Act - allegations primarily concerning contraventions of the Companies Act or Ministry of Youth Affairs and Sports directives, do not relate to anti-competitive conduct or violation of the Act: CCI (See 'Legal Desk') RBI issues guidelines for banks to provide customer services in regional languages (See 'Corp Brief') IBC - If bank has released approved payments from TRA account operated by them, then bank was monitoring these transactions during entire CIRP: IBBI (See 'Legal Desk') Govt releases Credit Assessment Model for MSMEs to enhance digitally driven loan appraisal (See 'Corp Brief') IBBI - Cannot be expected to maintain information with respect to other laws outside its purview: IBBI (See 'Legal Desk') Govt's aid measures for MSMEs - TReDS, Rs 9000 Crore infusion (See 'Corp Brief') Indian media & entertainment sector to maintain growth despite AI disruption: Secy (See 'Corp Brief') PBPT - Transactions are rightly deemed benami u/s 2(9)(D) of PBPTA, where person who provided consideration for properties was not traceable: SAFEMA Tribunal (See 'Legal Desk') Sustainable coal mining - Govt simplifies approval for geological exploration & reports (See 'Corp Brief') Benami - Benami transaction is considered not only in case of transfer of property by beneficial owner for his ultimate benefit in future, but even if such properties is held by benamidar: SAFEMA (See 'Legal Desk') IITF-2025 - FCI Pavilion showcasing modernised foodgrain management bags bronze medal (See 'Corp Brief') Copyright Act - Police have jurisdiction to register FIR u/s 33EEC of the Drugs and Cosmetics Act in conjunction with cognizable offence under Copyright Act; registration of copyright not mandatory for criminal proceedings upon infringement: HC (See 'Legal Desk') VO Chidambarnar port receives first Clinker vessel following MoU with Ambuja Cement Ltd (See 'Corp Brief') PMLA - Sweep of Sec 5(1) is not limited to accused named in criminal activity relating to scheduled offence, but shall apply equally to person who is involved in any activity connected with proceeds of crime: SAFEMA (See 'Legal Desk')

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.

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