2023020717
2023020717
2023020717
PERFORMANCE REPORT
2021-22
1. About NFRA
1.1. Introduction
1.2.1. It was experienced at various forums that the existing regulatory apparatus
provided under the Chartered Accountants Act, 1949 was unable to maintain
required discipline and accountability amongst Chartered Accountancy
professionals due to challenges posed by self-regulation of the profession. The
Standing Committee on Finance-Companies Bill 2009, while discussing the
role of auditors, discussed the need for establishment of an independent audit
regulator. Further, the Companies Law Committee Report, 2016, highlighted
unsatisfactory oversight over the profession prior to establishment of NFRA.
1.2.2. The Hon’ble Supreme Court of India vide its judgment dated February 23, 2018, in
the matter of S. Sukumar vs The Secretary, Institute of Chartered Accountants of
India & Ors., issued the direction to the Union of India for considering appropriate
legislation and mechanism for oversight of profession of auditors on the lines
of Sarbanes-Oxley Act, 2002, and Dodd Frank Wall Street Reform and Consumer
Protection Act, 2010 in US. Accordingly, the Committee of Experts (COE) was set
up. The COE in its recommendation stated that the creation of NFRA has been
done on basis of international best practices and highlighted the failure of the
self-regulatory model.
1.2.3. Therefore, in line with the global trend of regulatory shift from self-regulatory
organisations to an independent regulatory and oversight body, Parliament, after
due deliberation and on the recommendations of various expert committees,
1.3.1. NFRA derives its mandate from Section 132 of the Companies Act, 2013. As per
Sub Section (2) of Section 132 of the Companies Act, 2013, NFRA shall:
(b) monitor and enforce the compliance with accounting standards and auditing
standards in such manner as may be prescribed;
(c) oversee the quality of service of the professions associated with ensuring
compliance with such standards, and suggest measures required for
improvement in quality of service and such other related matters as may be
prescribed; and
(d) perform such other functions relating to clauses (a), (b) and (c) as may be
prescribed.
1.3.2. Sub Rule (1) of Rule 4 of the NFRA Rules, 2018, provides that the Authority shall
protect the public interest and the interests of investors, creditors and others
associated with the companies or bodies corporate governed under Rule 3 by
establishing high quality standards of accounting and auditing and exercising
effective oversight of accounting functions performed by the companies and
bodies corporate and auditing functions performed by auditors.
1.3.3. As per Rule 3 of NFRA Rules 2018, NFRA shall have power to monitor and enforce
compliance with accounting standards and auditing standards, oversee the
quality of service under sub-section (2) of section 132 or undertake investigation
under sub-section (4) of such section of the auditors of the following class of
companies and bodies corporate, namely:-
(a) companies whose securities are listed on any stock exchange in India or
outside India;
(b) unlisted public companies having paid-up capital of not less than rupees
five hundred crores or having annual turnover of not less than rupees one
thousand crores or having, in aggregate, outstanding loans, debentures and
deposits of not less than rupees five hundred crores as on the 31st March
of immediately preceding financial year;
(d) any body corporate or company or person, or any class of bodies corporate
or companies or persons, on a reference made to the Authority by the Central
Government in public interest; and
1.4. Powers
1.4.1. As per Sub Section (4) of Section 132 of the Companies Act, 2013, NFRA shall:
(b) have the same powers as are vested in a civil court under the Code of Civil
Procedure, 1908, in respect of the following matters:
(iii) inspection of any books, registers, and other documents of any person
at any place.
(c) where professional or other misconduct is proved, have the power to make
order for—
I. not less than one lakh rupees, but which may extend to five times of
the fees received, in case of individuals; and not less than five lakh
rupees, but which may extend to ten times of the fees received, in
case of firms;
1.5.2. The quality of corporate financial reporting will be measured and evaluated
essentially by its compliance with the law and the statutorily notified accounting
standards and auditing standards.
1.5.3. NFRA will strive for continuous improvement of corporate financial reporting
across all types of Public Interest Entities (PIEs) and across all size categories
of audit firms.
1.5.4. NFRA aims to be an organization noted for integrity, industry, and competence.
1.5.5. Persons who work for NFRA will adhere to the highest standards of
uncompromising integrity, possess a vision of transforming the quality of
corporate financial reporting, and display high levels of initiative and an unflagging
drive for their work.
• Objectivity - No subjective action from either members or staff, openness to all facts/
views/opinions without any pre-conceived conclusions or pre-judging any matter.
• Fairness – Not imposing unfair burdens especially with the benefit of hindsight
INTEGRITY
OBJECTIVITY IMPARTIALITY
CORE
VALUES
TRANSPARENCY FAIRNESS
INDEPENDENCE
Figure 1: Core Values of NFRA
NFRA’s functioning will at all times be mindful of the need to promote the ease and
speed of doing business and will be guided always by the overall public interest, with
all its actions being strictly anchored by and lying within, its legal mandate.
1.7.1. The National Financial Reporting Authority (Manner of Appointment and other
Terms and Conditions of Service of Chairperson and Members) Rules, 2018
provides that the National Financial Reporting Authority shall consist of the
following persons to be appointed by the Central Government, namely: -
• Chairperson;
1.7.2. Subsection (3B) of section 132 of Companies Act, 2013 provides that there shall
be an Executive Body of the National Financial Reporting Authority consisting
of Chairperson and full-time members of such Authority for efficient discharge
of its functions as enumerated in para 1.3.1 (b)-(d) above, which comprises
all monitoring, oversight, adjudication, and enforcement functions. Only the
responsibility to make recommendations to the Central Government on the
formulation and laying down of accounting and auditing policies and standards
for adoption by companies or class of companies or their auditors, is entrusted
1.7.3. Subsection 11 of section 132 of Companies Act, 2013 provides that the Central
Government may appoint a Secretary and such other employees as it may
consider necessary for the efficient performance of functions by the National
Financial Reporting Authority under this Act and the terms and conditions of
service of the secretary and employees shall be such as may be prescribed.
1.7.4. The present sanctioned strength of NFRA stands at 69 against which persons in
position on 31st March 2022 were 26.
1.7.5. Shri Rangachari Sridharan held the office of Chairperson, NFRA from 1st April 2021
to 30th September 2021 and Shri Ashok Kumar Gupta, Chairperson, Competition
Commission of India held the additional charge of NFRA from 1st November
2021 to 31st March 2022 during the reporting year. Dr Prasenjit Mukherjee served
as full-time member from 1st April 2021 to 1st October 2021 during the reporting
year.
Figure - 2: Organisational Structure
2.1. Monitoring and Enforcing Compliance with accounting standards and auditing standards
NFRA Rules 2018 lay down how NFRA shall protect the public interest and the interests of
investors, creditors and others associated with the companies or bodies corporate falling
within its jurisdiction. Rule 7 to 9 of the NFRA Rules 2018 specifically require the Authority
to monitor and enforce compliance with accounting standards and auditing standards
and oversee the quality of audit services. These Rules also lay down the processes by
which such functions are to be carried out. NFRA has issued audit quality review reports
and financial reporting quality reviews, so far, in exercise of its oversight, monitoring and
enforcement functions.
During the year under report, AQRs in respect of two large company audits were
published:
• The audit firm did not obtain sufficient appropriate audit evidence
to understand the impact that the insolvency petition against
• The audit firm had not identified and assessed ROMM through
understanding the entity and its environment, including the entity’s
internal control. There were no ROMM procedures performed
by the Audit at the assertion level. The audit firm had failed to
perform the audit with professional skepticism and had failed to
obtain sufficient appropriate audit evidence to reduce ROMM to an
acceptably low level.
• The audit firm had made a complete travesty of the EQCR process
by appointing the engagement partner himself as its EQCR
(Engagement Quality Control Review) partner, thereby negating the
very fundamental objectives of the SAs.
• The audit firm had failed to maintain audit documents as per the
requirements of SA 230.The integrity and reliability of the audit File
is questionable due to inconsistencies arising out of such lack of
documentation.
• The audit firm had not evaluated the work done by management’s
expert while adopting the expert’s opinion, and thus the auditor’s
opinion expressed under the Companies’ (Auditor’s Report) Order,
2019 (CARO) clause (iii) stating that the terms and conditions
of the Company’s loans of Rs. 111.20 crore to joint ventures
and to the not-fully owned subsidiaries at zero interest rate are
not prejudicial to the company’s interest, was not supported by
sufficient appropriate evidence and is in violation of requirements
of SA 500.
• The audit firm had not determined the persons comprising TCWG
(Those Charged with Governance). Further, NFRA has not found
any communication to TCWG relating to auditor’s independence,
and the relationships and other matters between the firm, network
firms.
Subsection 2(b) of section 132 of Companies Act 2013 prescribes that NFRA shall oversee
the quality of service of the professions associated with ensuring compliance with such
standards, and suggest measures required for improvement in quality of service and
such other related matters as may be prescribed.
• Align the revised ASs to the commercial needs, business size, and
capacity of MSMCs to comply with the prescribed standards and
make them relevant to the users of these financial statements.
During the year, NFRA continued its mission to enable high quality
financial reporting framework by reviewing and recommending the
ICAI proposals on convergence with high quality globally accepted
IFRS Standards. NFRA reviewed and approved a total of three (3)
proposals of ICAI dated 28.04.2021, 09.08.2021 and 27.10.2021
for amendments pursuant to amendments in corresponding IFRS
Standards. Authority meetings were held on 20.05.2021, 209.09.2021
and 19.01.2022 to deliberate on these Ind AS amendment proposals.
The amendments primarily related to the following seven (7) Ind ASs
and consequential amendments in a few other Ind ASs.
S. Title of Ind AS Amendment ICAI NFRA Date of Gazette
No Title Proposal Meeting Recommendation Notification
Date Date to MCA
1. Ind AS 116, Amendment 28.04.2021 20.05.2021 27.05.2021 18.06.2021
Leases – COVID 19
relief
2. Ind AS 103, References 09.08.2021 20.09.2021 30.09.2021 23.03.2022
Business to New
Combinations Conceptual
Framework
3. Ind AS 101, Annual 9.8.2021 20.09.2021 30.09.2021 23.03.2022
First-time Improvements
adoption of (2021)-
Ind ASs Subsidiary as
a First-time
Adopter
4. Ind AS 109, Annual 9.8.2021 20.09.2021 30.09.2021 23.03.2022
Financial Improvements
Instruments (2021)- Fees
in the ‘10 per
cent’ Test for
Derecognition
of Financial
Liabilities
Figure 3: Authority Meeting dated 20.05.2021
Figure 4: Authority Meeting dated 20.09.2021
2.2.2.2. Ind AS Proposals under Review: NFRA has received the following
proposals relating to issuance of a new Ind AS on Insurance Contracts
and amendments to Ind AS on Investment Properties:
2.2.2.2.1 New Standard on insurance contract viz. Ind AS 117,
Insurance Contracts: This is a new Ind AS which will replace
the existing Ind AS that is applicable for accounting of
Insurance Contracts. Ind AS 117 is based on IFRS 17, which
is the first comprehensive and truly international IFRS
Standard that established the accounting for insurance
contracts issued by a company. Ind AS 117 introduces
paradigm shift in the way the insurance contracts are
accounted and reported presently. It is a complete overhaul
of the approach and principles of accounting and reporting
of insurance contracts. Therefore, NFRA had initiated
following steps to reach out to the critical stakeholders of
this Ind AS.
• Two technical sessions were conducted by The Institute
of Actuaries of India on 7th & 8th July 2021.
• NFRA is in discussion with the Insurance Regulatory
and Development of India (IRDAI) and awaiting ‘in-
principle’ approval of this new standard from them as
this standard is expected to have significant impact on
the accounting, reporting and operational aspects of the
insurance companies in India.
2.2.2.2.2 Amendment to Ind AS 40, Investment Property: There is a
proposal to amend Ind AS 40, Investment Property, wherein
the option to measure the investment property at fair value
and recognise the resultant fair value gains or losses in
the Statement of Profit and Loss. NFRA is in the process
of evaluating whether the reasons and concerns for not
incorporating this fair value option while initial notification
of this Ind AS during 2015 have now been adequately
addressed to prevent any misuse of these fair value option.
The primary stakeholders include the Parliament, Ministry of Corporate Affairs, financial
statement preparers, auditors, users of financial statements, academia, and ICAI. Other key
stakeholders include government departments and ministries, as well as organisations and
individuals with specific interest in the subjects of the accounting and audit quality like SFIO,
SEBI, RBI, etc and media.
Auditors impart credibility to the information presented in the financial reports. Preparers
produce the financial reports and are primarily responsible for the accuracy and
reliability of the information in them. Users are the raison d’être of financial reporting and,
therefore, are central to its purpose. Academicians use financial reports in their teaching
and research. Auditors, preparers, users, and academia have significant stakes in the
development of accounting and auditing regulations and in their effective monitoring and
enforcement.
NFRA has established communication policy that guides our interactions with external
stakeholders. NFRA undertake a range of actions to communicate its messages to its
clients through its website, like:
Press briefs are also issued highlighting the contents of disciplinary orders,
AQRRs, FRQRRs, etc.
During January 2022, a comprehensive five (5) day training programme was conducted
for the officers of 10th Batch of Indian Corporate Law Service of Government of India.
Overall objective of the training programme was to provide a holistic exposure to the
newly joined ICLS officers regarding the role, responsibilities and functioning of the NFRA.
The training programme structure covered the following key aspects:
• 21st Century Era of Independent Audit and Accounting Regulators- Global Perspective:
International Forum of Independent Audit Regulators (IFIAR), NFRA Peer Group in U.S.,
U.K., Australia.
• Techniques and tools for monitoring compliance with auditing standards – audit
quality review reports
3.4.1 Webinars on the occasion of Azadi Ka Amrit Mahotsav (AKAM) – October 2021
(c) Auditors Role and Responsibility under the Companies Act by Advocate Shri
Suhas Tulzapurkar, Member, Technical Advisory Committee, NFRA
GOVERNMENT OF INDIA
WEBINAR NATIONAL FINANCIAL REPORTING AUTHORITY
In June 2021, NFRA had issued a consultation paper (“CP”) seeking public
comments in relation to the action it proposes to take on the recommendations of
its Technical Advisory Committee (TAC), on enhancing NFRA’s engagement with
Stakeholders. TAC was set up to provide NFRA with inputs from the perspective
of users, preparers, and auditors of financial statements; and advise on suitable
methods for promoting awareness relating to compliance with accounting and
auditing standards. The TAC submitted its first report and recommendations
on “Enhancing Engagement with Stakeholders” in March 2021, and the key
areas of recommendations were NFRA’s approach towards stakeholders
engagement, inspections, NFRA’s regulatory capacity, independence, funding
and accountability of NFRA. The details can be accessed at http://nfra.gov.in/
consultation_papers.
3.5.2 Consultation Paper on Statutory Audit and Auditing Standards for Micro, Small
and Medium Companies (MSMCs)
NFRA has issued guidelines on procedure for Complaint handling in NFRA and separate
dedicated platform, in the name of https://nfracoms.nic.in/ for online submission of
complaints. Special procedure has also been devised for handling complaints from
whistleblowers where the complainant requests to keep his name and contact details
confidential.
Rule 3 of the NFRA Rules 2018, prescribes the classes of companies and their
auditors within the purview of the functions and duties of the NFRA relating to
monitoring and ensuring compliance with accounting and auditing standards,
overseeing the quality of service of the professions associated with ensuring
compliance with such standards. To perform the functions and duties of the
Authority, one of the important pre-requisites is to compile and establish a
comprehensive master database of the companies and their auditors within
the scope of the Authority. This exercise involves following critical steps and
reconciliations of data from different sources.
Critical steps involved are identification and verification of the primary data source
and reconciliation of data (such as Corporate Identification Number (CIN) which
is dynamic) from different sources. In this regard, NFRA has been engaging with
the Ministry of Corporate Affairs (MCA) and its Corporate Data Management
(CDM) infrastructure, three recognised and active Stock Exchanges in India, and
other Regulators such as RBI, IRDAI and Central Electricity Authority.
Rule 4(2) of the NFRA Rules 2018 requires the Authority, inter alia, to maintain
details of particulars of auditors appointed in the companies and bodies
corporate specified in Rule 3 of NFRA Rules 2018. Further, Rule 5 of the aforesaid
Rules requires every auditor of the companies prescribed under Rule 3 to file an
annual return by 30 November each year in the form specified by the Central
Government. Accordingly, the Central Government has specified filing of annual
return in ‘Form NFRA - 2’ which contain certain important details about the
auditors.
The details required to be filed in Form NFRA 2 relate to details of the companies
audited, audit fees and non-audit fees received, particulars of the partners and
employees of the audit firm, affiliation or membership of any audit firm network,
details of disciplinary proceedings initiated against the auditor and quality
control policies of the audit firm.
NFRA, based on its database of companies as of the end of its first financial
year i.e., 31.03.2019, commenced monitoring the filing of Form NFRA - 2 by the
auditors for the first Reporting Period 01.04.2018 to 31.03.2019 (2018-19). NFRA
had sent intimations to 1,500 audit firms for non-filing of the form and advised
ICAI to create awareness of this statutory compliance among its members.
During the year NFRA took many initiatives to enhance security checks like:
4.2.1 Transfer of data from auditors and preparers on secured NIC server with enhanced
security protocol. File transfer protocol was shifted from FTP to SFTP at secured
port number 22.
4.2.2 Third party Information Security audit of NFRA’s web tools was conducted.
4.2.4 Captcha was made mandatory for all types of submissions on the website to
protect from spam and password decryption.
4.3 NFRA has launched a cloud-based IT tool for its operations management
NFRA Core Application System (NCAS) is being developed for paperless working and
workflow within the organization. NCAS is designed to enable the collection, handling and
processing of huge volumes of documents, end-to-end management of quality review,
investigation, and enforcement activities.
As the entire infrastructure is hosted on cloud servers and user access is enabled through
highly secured web interfaces, NCAS will also help NFRA staff in functioning remotely
without any hindrance. NCAS is designed in such a way that all the required documents
and workspaces are created/stored/enabled within the application, so that staff changes
NCAS is being developed by the National Informatics Centre (NIC) under the Ministry of
Electronics and Information Technology of the Government of India.
During the year 2021-22 NFRA rolled out various modules of NCAS such as Library, NFRA
forms, Complaint Receipt, and the Audit Quality Review. A few other modules like the
Financial Reporting Quality Review, Disciplinary action and Complaint processing are
under implementation.
Figure-8: NFRA Core Application System (NCAS) Inauguration 24-09-2021
The module also has capabilities to connect with other databases of external agencies
such as stock exchanges and Corporate Data Management of the Ministry of Corporate
Affairs through application protocol interfaces.
5 Resource Management
*The drawing and disbursement function of NFRA was carried out through Ministry of
Corporate Affairs during this period and the audit of Ministry of Corporate Affairs has
been conducted by office of the Comptroller and Auditor General of India.
5.2 HR Management
The overall mandate is to create a work environment that can continuously identify,
nurture and utilize the capabilities of its officers and staff through appropriate policies in
the area of training, career development and performance management.
The existing welfare measures such as housing, medical, etc. are extended to the
employees of NFRA under various approved institutional schemes.
5.2.1 MANPOWER
NFRA sanctioned strength as on 31.03.2022 was 69. However, the total strength
of officers and staff as on 31.03.2022 was 26.
- Albert Einstein
5.2.3.1 OBJECTIVES
To achieve gender equity, NFRA tries to mainstream gender across all programmes
and projects and tries to create a gender-sensitive work environment. Following
areas are focused for this objective:
Figure15: Employees of NFRA taking Swacchta
Pledge on 18-08-2021
Figure17: Vaccine Drive organised by NFRA on 13.09.2021