PM GatiShakti Group evaluates key Infrastructure projects (See 'Corp Brief') IBC - Waiver of rights under contract such as debenture trust deed cannot be implied if agreement explicitly requires such waiver to be in writing: SC (See 'Legal Desk') IBC - Manner in which bank classifies loan as non-performing asset for accounting or provisioning purposes does not determine IBC, if debt was restructured and acknowledged in fresh agreements: SC (See 'Legal Desk') IBC - corporate restructuring under IBC must be prioritized over stalled and ineffective proceedings under Companies Act to protect public funds and larger economic interest: SC (See 'Legal Desk') IBC - NCLT can't Reject Sec 7 application citing corporate debtor's financial health, once twin requirements of debt & default are established: SC LB (See 'Legal Desk') Misc - civil suit cannot be rejected at threshold under Order VII Rule 11 of CPC merely because it contains ground of coercion, undue influence or misrepresentation: SC (See 'Legal Desk') NI Act - Sec 138 of Negotiable Instruments Act pertaining to cheque dishonor apply only when payment fails because of lack of funds: HC (See 'Legal Desk') SEBI - Principles of natural justice required disclosure of the names and basic details of the complainants, as the adjudication would entail civil consequences: SAT (See 'Legal Desk') India, Kenya hold Working Group Meeting on Agriculture through Virtual Mode (See 'Corp Brief') NIFTEM-K to organise Global Platform with Participation from 25 Countries (See 'Corp Brief') IBC - Moratorium u/s 14 of IBC is intended to preserve debtor's estate from creditor actions aimed at debt recovery, but does not interdict sovereign proceedings in rem for attachment or confiscation under Benami Act: SC (See 'Legal Desk') ESIC commences 75th Foundation Year Celebrations (See 'Corp Brief') Misc - Telecom operator is liable to pay reserve price fixed for November 2012, 2G spectrum auction from February 2, 2012, date on which its licence stood quashed: SC (See 'Legal Desk') Stakeholder Consultation held for inputs on proposed Advanced Manufacturing Systems Mission (See 'Corp Brief') IPR - Registration of Device Mark is to be considered as whole and while determining deceptive similarity with another Trade Mark: HC (See 'Legal Desk') Biotechnology will power next industrial revolution: MoS (See 'Corp Brief') IPR - Trademark could not be removed simply for non-use: HC (See 'Legal Desk') Union Minister inaugurates Special Handloom Expo (See 'Corp Brief') India, Brazil sign TKDL Access Agreement for protection of Patent (See 'Corp Brief') Memorandum of Cooperation signed between Digital Bharat Nidhi and AP (See 'Corp Brief') IPR - Registered mark is liable to be removed if not used for continuous period of five years & three months prior to filing of petition, unless special circumstances are shown: HC (See 'Legal Desk') Footwear Design and Development Institute celebrates 5th Convocation Ceremony (See 'Corp Brief') 96% houses under PMAY-U 2.0 allotted for women (See 'Corp Brief') SEBI - Adjudication proceedings are nullified where the noticee has ceased to exist on account of being struck off the RoC: SEBI (See 'Legal Desk') India-Brazil MoU signed to Deepen MSME Cooperation (See 'Corp Brief') IFSCA-IICA unveil Strategic Roadmap to institutionalize Corporate Governance Ecosystem at GIFT-IFSC (See 'Corp Brief') Grant support extended to 5 Innovators under CSR-backed Programme (See 'Corp Brief') Misc - Notice u/s 91 of CrPC cannot be issued to accused person to compel them to furnish information that is based on their personal knowledge: HC (See 'Legal Desk') MoS holds bilateral Talks with Rwanda ICT Minister (See 'Corp Brief') India, Brazil sign MoU to strengthen and secure steel supply chain (See 'Corp Brief') Misc - SICA - failure to repay dues or subsequent financial incapacity cannot constitute cheating in he absence of fraudulent intent at time of inducement: 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.

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