MoSPI has initiated measures to strengthen accountability in data collection (See 'Corp Brief') Govt expands Youth Skill Development through NSS, Skill India Mission and NEP Initiatives (See 'Corp Brief') Govt boosts Renewable Energy Awareness Nationwide (See 'Corp Brief') Misc - Doctrine of lis pendens u/s 52 of TOPA is not applicable to transfer of property that occurs before institution of suit concerning that property, especially when transferor is not party to subsequent suit: HC (See 'Legal Desk') CCI organises 11th Edition of National Conference on Economics of Competition Law (See 'Corp Brief') India submits Report on Implementation of Nagoya Protocol for Biodiversity (See 'Corp Brief') MSME Champion Scheme progressing well towards achieving its objectives (See 'Corp Brief') A&C - Law provides award creditor with additional option to file for execution directly in court where assets are located, but this does not extinguish jurisdiction of Seat Court: HC (See 'Legal Desk') IICA convenes 5th Inter-Ministerial Consultation on Responsible Business Conduct and ESG (See 'Corp Brief') BCCL Organizes Interaction with NRS Linkage and CIL SWMA e-Auction Consumers (See 'Corp Brief') Madnaviya & Kumaraswamy lay foundation of indoor sports complex in Karnataka (See 'Corp Brief') A&C - Juridical seat of arbitration is determinative factor for conferring exclusive supervisory jurisdiction on court: HC (See 'Legal Desk') India's progress in reducing Tuberculosis Incidence has Outpaced Global Average: Nadda (See 'Corp Brief') Rs 100 crore sanctioned for Integrated Aqua Park Project in Anantnag (See 'Corp Brief') Reddy inaugurates Multiple Projects in WCL (See 'Corp Brief') PMLA - If mortgaged properties are to be auctioned by bank or settled with borrower which may result in concealment, it would be only of those properties which was considered to be assets disproportionate to known source: SAFEMA (See 'Legal Desk') India moving from Healthcare Follower to Global Leader in Precision Medicine and Biomanufacturing: MoS (See 'Corp Brief') Companies Act - Technical provisions of Companies Act cannot be relied on to evade compliance with a Court decree prohibiting the judgment debtor from transferring the shares to any third party: HC (See 'Legal Desk') SECL's Vigilance-led Initiative 'Prayas' Ensures Timely PF & Pension Settlement (See 'Corp Brief') PMLA - Appearance of Appellant, ordinarily operating in Mumbai, before SAFEMA Appellate Tribunal at Delhi, does not confer territorial jurisdiction to the Delhi High Court over Appellant: HC (See 'Legal Desk') Agrinnovate India presents Rs.3.4 Crore dividend to Chouhan (See 'Corp Brief') IBC - Once Resolution Plan is approved by NCLT u/s 31 of IBC, it becomes binding on all stakeholders, and all claims not provided for in plan stand extinguished: HC (See 'Legal Desk') 6 Railway Stations in West Bengal redeveloped under Amrit Bharat Station Scheme (See 'Corp Brief') IPR - Party seeking cancellation of registered trademark on grounds of similarity and prior rights must first establish its own prior and continuous use of its mark as trademark: HC (See 'Legal Desk') NHAI receives warm response from Bidders for Construction of Kaliabor to Numaligarh Section of NH (See 'Corp Brief') IBC - Application of Discount for Lack of Marketability is permissible valuation methodology under Indian Accounting Standards for determining fair value of unlisted, illiquid shares in context of capital reduction: SC (See 'Legal Desk') Supreme Court Clears Path For Single Insolvency Proceedings Against Linked Group Companies (See CORP EINSICHT)

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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