Puri visits Hanwha Ocean's shipbuilding facility in South Korea (See 'Corp Brief') IPR - Mere fact that any mark consists of numbers does not, in itself, make it unregistrable: HC (See 'Legal Desk') IndiaAI Zone unveiled showcasing India's Journey from Action to Impact (See 'Corp Brief') IPR - Counterfeiting not only harms brand reputation but also misleads consumers, making strict legal action necessary to deter such unlawful practices: HC (See 'Legal Desk') Puri holds Shipbuilding Meetings to boost India's Maritime Vision (See 'Corp Brief') AAI showcases future of Aviation at 44th India International Trade Fair 2025 (See 'Corp Brief') India-Canada Ministerial Dialogue on Trade and Investment concludes (See 'Corp Brief') DFS Secy calls for greater collaboration between hospitals and insurers (See 'Corp Brief') Reddy Chairs Marathon Review Meeting of Coal Sector (See 'Corp Brief') Company Law - Company can prosecute any of its officers and when any officer of Company is to be prosecuted, then Section 439 of Companies Act would not be applicable: HC (See 'Legal Desk') 'Cohort Connect 2025' to be India's Largest evidence-based study on Genetic (See 'Corp Brief') Global Energy Leaders' Summit Logo and Website Launched (See 'Corp Brief') India and Canada Hold 7th Ministerial Dialogue on Trade and Investment (See 'Corp Brief') Under MCX Alliance C-DOT extends supports to Start ups (See 'Corp Brief') IPR - Mere identity or similarity of mark, of which registration is sought, and earlier mark, is not sufficient as ground to reject registration application: HC (See 'Legal Desk') Govt to launch workshops to implement Vegetable Oil Products Production (See 'Corp Brief') Goyal calls for transformation from 'Van Dhan to Vyapar Dhan' (See 'Corp Brief') Banks record steady growth, improved asset quality and stronger digital performance (See 'Corp Brief') QCI and BHEL jointly organize Inter PSU Gunvatta Manthan to promote quality (See 'Corp Brief') Misc - Remedy for recovery of money instituted under Article 226 of Constitution of India is not intended to enable claimant to recover monies, recovery of which by suit is barred by limitation: HC (See 'Legal Desk') Chouhan presents 'Plant Genome Saviour Awards' to farmers in New Delhi (See 'Corp Brief') Students from Goa & Uttarakhand explore Arunachal under Ashtalakshmi Darshan (See 'Corp Brief') Commercial Courts Act 2015 - injunction on use of trade mark BISCO is valid as it is nearly identical to existing trade dress named BISCOFF: HC (See 'Legal Desk') IICA and WNS Global Services launch YBRANT programme on CSR (See 'Corp Brief') India reaffirms commitment to Equity, Climate Justice and Multilateralism at CoP30 (See 'Corp Brief') PMLA - When monies lying in account of accused which has been attached by ED is not proceeds of crime but are untainted monies bank, same needs to be released to bank: SAFEMA (See 'Legal Desk') CCI allows Lence Pte to pick up equity in AWL Agri Business (See 'Corp Brief') Yadav asks authorities from NCR States to submit Action Taken Reports on Air Pollution (See 'Corp Brief') IPR - In case of deceptive similarity and consumer confusion, defendant's continued use of mark constituted deliberate infringement: HC (See 'Legal Desk') UIDAI partners with Behavioural Insights to address awareness-related barriers (See 'Corp Brief') IPR - Evidentiary standards are requisite for establishing copyright infringement claims, particularly in relation to governmental projects and alleged appropriation of original works: HC (See 'Legal Desk') National Watershed Conference Begins in Guntur (See 'Corp Brief') DG, IICA, underscores convergence between India Inc. & armed forces (See 'Corp Brief') RERA - Real Estate Regulatory Authority is, for all intents and purposes, 'Court' for purposes of transfer jurisdiction, and High Court has jurisdiction to order transfer unless bias is shown to exist: HC (See 'Legal Desk') RM inaugurates state-of-the-art DPSU Bhavan (See 'Corp Brief') Millet reflects Odisha's heritage and future: CM (See 'Corp Brief') NI Act - Legal notice sent to cheque drawer over dishonor of the instrument, must specifically demand payment of 'cheque amount', in absence of which preconditions to institute proceedings u/s 138 do not stand fulfilled: HC (See 'Legal Desk') TRAI releases paper on Interconnection matters (See 'Corp Brief') IPR - Order Registrar of Trade Marks failing to comply with Rule 100 of Trade Marks Rules, 2017, which mandates a minimum notice period before initiating suo moto cancellation proceedings, cannot be sustained: HC (See 'Legal Desk') Rijiju visits Saudi Arabia to fix Haj quota for 2026 (See 'Corp Brief') IBC - All dues, including statutory dues owed to Central Govt., any State Govt., or any local authority, if not included in Resolution Plan, shall stand extinguished: HC (See 'Legal Desk') Chouhan to participate in 'Mandia Dibasa' to promote millets (See 'Corp Brief') A&C - Justice must be advanced on merits of case rather than defeated by technical or procedural lapses, particularly when such lapses are attributable to institutional processes beyond control of appellant: HC (See 'Legal Desk') India welcomes Brazil's initiative to establish Tropical Forests Forever Facility (See 'Corp Brief') Prevention of Corruption Act, 1988 - purpose of imposing conditions while granting bail is to secure presence of accused during trial & not to curtail personal or professional liberty: HC (See 'Legal Desk') Government intervention and Corporate governance (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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