Navi Mumbai turning Textile Waste into Opportunity for People (See 'Corp Brief') Company Law - Sourcing pre-condition deposit unlawfully from corporate funds in direct violation of Sec 185, or executing settlement agreements without effectuating actual refunds or delivering legally valid & habitable possession, is illegal: SC (See 'Legal Desk') TRAI releases Paper on 'Formulation of Regulatory Framework for ALTD Services (See 'Corp Brief') IPR - Minor alteration to well-established trademark, such as changing single letter, does not render new mark dissimilar, especially when it remains phonetically and visually close to original: HC (See 'Legal Desk') GeM achieves Rs 18.4 Lakh Crore GMV, Emerges as Key Digital Public Procurement Platform (See 'Corp Brief') Benami Act - Burden of proof of benami transaction rests strictly upon person asserting it, and reliance solely on uncorroborated statements of third parties recorded in unrelated Income Tax proceedings, is insufficient: SAFEMA (See 'Legal Desk') Union Minister to inaugurate NCVET Capacity Building (See 'Corp Brief') FEMA - Continuing adjudication u/s 16 of FEMA despite competent authority's refusal to confirm seizure u/s 37A of FEMA, is contrary to law: SC (See 'Legal Desk') Minister calls for stronger research-industry linkages to scale food innovation sector (See 'Corp Brief') A&C Act - Doctrine of 'transnational issue estoppel' applies to enforcement proceedings u/s 48 of Arbitration Act, barring enforcement court from undertaking merits-based review: SC (See 'Legal Desk') MoS backs scaling up indigenous Insulin production amid global supply concerns (See 'Corp Brief') A&C - Mere existence of document, despite it containing arbitration clause, would not qualify as arbitration agreement, unless it is signed by parties seeking to invoke clause as also party against whom enforcement is sought: HC (See 'Legal Desk') New Sainik School reflects Centre's Vision for Nation-Building through Education (See 'Corp Brief') A&C - Agreement to sell being unregistered and unstamped as per Registration Act, Transfer of Property Act, and Indian Stamps Act, cannot be enforced: HC (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.

TIOL CORP SEARCH

TIOL GROUP WEBSITES