Unlocking Potential of Idle Financial Assets in India (See 'Corp Brief') SARFAESI - In absence of any adjudication by the DRT in determining the debt, statutory scheme permits reliance upon claim made by secured creditor for purpose of fixing pre-deposit: HC (See 'Legal Desk') CCI okays acquisition of shares in Nxtra Data by Alpha Wave Ventures (See 'Corp Brief') CCI okays acquisition of 21% voting interest in Astemo Ltd. by Honda Motor (See 'Corp Brief') FEMA - Claims & liabilities pertaining to periods prior to approval of resolution plan, which do not survive under approved plan, are extinguished & cannot be enforced: SAFEMA (See 'Legal Desk') Special Drive launched for expeditious Disposal of Long-Pending Labour Cases (See 'Corp Brief') Amit Shah to launch NAFED's auction portal 'NAFEX.in' (See 'Corp Brief') SEBI - A judicial pronouncement cannot ordinarily be modified or reviewed through post-disposal miscellaneous application; Tribunal becomes functus officio upon disposal of appeal: SAT (See 'Legal Desk') Railways approves Kavach Deployment Worth Rs.270 Crore on East Coast (See 'Corp Brief') DIBD and AISF sign MoU to promote Language Technology and Multilingual Innovation in Assam (See 'Corp Brief') IPR - Injunction allowed as defendant's adoption of marks is not honest or bona fide; marks are deceptively similar to plaintiff's registered trademark, such that an average consumer with imperfect recollection would likely be confused: HC (See 'Legal Desk') NMDC accelerates Digitalisation and Sustainable Mining to support 100 MTPA Vision (See 'Corp Brief') Union Minister sanctions over 42,000 houses in MP; 38,000 families perform grih pravesh (See 'Corp Brief') A&C - Where a Section 34 court has already examined the award, a possible alternative interpretation of the contractual clause is insufficient to justify interference: HC (See 'Legal Desk') Tech Innovation and disruption in Construction Industry (See 'CORP EINSICHT') Union Minister reviews Power Sector and Urban Development Schemes with Jharkhand Govt (See 'Corp Brief') APEDA facilitates First Export of fresh Uttarakhand Litchi to Italy (See 'Corp Brief') Trade Marks - Quasi-judicial authority cannot validly base its decision on grounds that were not specifically disclosed in SCN, thereby depriving noticee of an effective opportunity to respond: HC (See 'Legal Desk') Nadda calls for Push towards a TB-Free India (See 'Corp Brief') India must take control of security-related necessities to remain future-ready: RM (See 'Corp Brief') A&C - Financial hardship cannot justify payment of disputed amount linked to fulfilment of deliverable-based obligations: HC (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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