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NFRA: PENALISES AUDITOR FOR FAILURE TO REPORT MATERIAL MISSTATEMENT OF CO.'S PROFITS, NON-COMPLIANCE WITH SAS NFRA imposes a penalty of Rs. 5 lakh on an Audit Firm [statutory auditor of Vikas WSP Ltd. (VWL) for FY 2019-20] for not ensuring compliance with Standards on Auditing (SAs) to ensure the audit quality and lend credibility to Financial Statements; Observes that, "The Financial Statements of VWL were materially misstated due to partial recognition of interest cost on Borrowings classified as NPAs by the Banks in the FY 2019-20, resulting in overstatement of profits."; W.r.t. Firm’s submission that for all the non-compliances related to the statutory audit of VWL, the Engagement Partner (EP) was held responsible and was also penalized u/s 132(4)(c) of the Companies Act, 2013, NFRA states that “The contentions of the firm that only the EP is accountable for non-compliance with auditing standards is misconstrued. It is the firm that was appointed as the auditor under section 139 of the Act and it is the auditor (in this case the firm) that has to be held accountable for auditor's duties and responsibilities under section 143 of the Act, including compliance with the SAs.”; NFRA underscores that failure to properly monitor compliance with quality control policies, and procedures by audit firms has been viewed seriously by International Regulators as well, and cites that the PCAOB, the US Regulator, censured and imposed monetary penalty of $600,000 on the firm in the Matter of PricewaterhouseCoopers, for their failure inter alia to comply with the requirements of Quality Control Policies and Procedures of the Firm; Further, NFRA emphasizes that it is the duty of the audit firm to formulate and implement quality control policies, and procedures and ensure that the firm and its personnel comply with professional standards and regulatory and legal requirements and the Independent Auditor’s Report issued by the firm or engagement partners are appropriate, as it is expected to provide useful information to the stakeholders and public, based on which they make decisions on their investments or do transactions with the public interest entity; Lastly, holding that, without a credible audit, investors, creditors and other users of Financial Statements would be handicapped, and the corporate governance system would be seriously challenged and result in a breakdown in trust and confidence of investors and the public at large, NFRA concludes that, “Considering the proved professional misconduct and keeping in mind the nature of violations, principles of proportionality and deterrence against future professional misconduct, and also keeping in mind that the audit firm has not accepted the charges as pointed out in the SCN…we…hereby order imposition of a monetary penalty…”:NDEL NFRA The order was passed by Dr. Ajay Bhushan Prasad Pandey (Chairperson), Shri. Praveen Kumar Tiwari (Full-Time Member) and Ms. Smita Jhingran (Full-Time Member).

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