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INDIA’S FINANCIAL SECTORAN ASSESSMENT
Volume V
Advisory Panelon
Institutions and Market Structure
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GOVERNMENT OF INDIA RESERVE BANK OF INDIA
Committee on Financial Sector Assessment
March 2009
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© Committee on Financial Sector Assessment, 2009
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Composition of the Advisory Panel on Institutions and Market Structure
Shri C. M. Vasudev Former Secretary ChairmanDepartment of Economic AffairsMinistry of FinanceGovernment of India
Shri C. B. Bhave Chairman and Managing Director MemberNational Securities Depository Ltd.(up to February 15, 2008)
Dr. K. C. Chakraborty Chairman and Managing Director MemberPunjab National Bank
Dr. R. Chandrasekhar Dean, Academic Affairs MemberInstitute for Financial Management and Research
Dr. Ashok Ganguly Chairman, Firstsource Solutions Ltd. Member
Dr. Omkar Goswami Chairman, CERG Advisory Pvt. Ltd. Member
Shri Y. H. Malegam Chartered Accountant Member
Dr. Nachiket Mor Deputy Managing Director, ICICI Bank Ltd. Member
Shri T.V.Mohandas Pai Member of the Board, Infosys Ltd. Member
Shri Gagan Rai Chairman and Managing Director MemberNational Securities Depository Ltd.(from February 25, 2008)
Dr. Janmejaya Sinha Managing Director MemberBoston Consulting Group
Special Invitees
Shri Jitesh Khosla Joint SecretaryMinistry of Corporate AffairsGovernment of India
Dr. K. P. Krishnan Joint Secretary (Capital Markets)Department of Economic AffairsMinistry of FinanceGovernment of India
Dr. R. B. Barman Executive DirectorReserve Bank of India
Shri Anand Sinha Executive DirectorReserve Bank of India
Shri C. R. Muralidharan MemberInsurance Regulatory andDevelopment Authority
Shri Sandeep Parekh Adviser (Legal)Securities and Exchange Board of India
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Contents
Chapter Subject Page No.
I. Approach to Assessment ................................................................................... 7
II. Assessment of Accounting Standards .............................................................. 17
III. Assessment of Auditing Standards .................................................................. 71
IV. Assessment of Corporate Governance Standards ........................................... 139
V. Assessment of Payment and Settlement Systems .......................................... 257
VI. Assessment of Effective Insolvency and Creditor Rights Systems ................ 393
VII. Summary of Recommendations ....................................................................... 563
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List of Acronyms
AAS Auditing and Assurance Standards
AASB Auditing and Assurance Standards
Board
ACH Automated Clearing House
ADR American Depository Receipt
AGMs Annual General Meetings
AI Approved Intermediary
AoA Articles of Association
APC Auditing Practices Committee
AR Audited Results
AS Accounting Standards
ASB Accounting Standards Board
ASSOCHAM Associated Chambers of
Commerce and Industry of India
BCBS Basel Committee on Banking
Supervision
BIFR Board for Industrial and Financial
Reconstruction
BIS Bank for International
Settlements
BMC Base Minimum Capital
BO Beneficial Owners
BoD Board of Directors
BOISL Bank of India Shareholding Ltd.
BOLT BSE Online Trading System
BPSS Board for Regulation and
Supervision of Payment &
Settlement Systems
BR Act Banking Regulation Act
BSE Bombay Stock Exchange
CA Companies Act
CAG Comptroller and Auditor General
of India
CASLB Committee on Accounting
Standards for Local Bodies
CBDT Central Board of Direct Taxes
CBLO Collateralised Borrowing and
Lending Obligation
CC Clearing Corporation
CCIL Clearing Corporation of India Ltd.
CCP Central Counterparty
CDR Corporate Debt Restructuring
CDSL Central Depository ServicesLimited
CEO Chief Executive Officer
CFO Chief Financial Officer
CG Corporate Governance
CGTSI Credit Guarantee Fund Trust forSmall Industries
CH Clearing House
CIC Act Credit Information CompaniesAct
CII Confederation of Indian Industry
CLB Company Law Board
CLS Continuous Linked Settlement
CM Clearing Members
CP Custodial Participant
CPC Civil Procedure Code
CPE Continuing ProfessionalEducation
CPSIPS Core Principles for SystemicallyImportant Payment Systems
CPSS Committee on Payment andSettlement Systems
CrPC Criminal Procedure Code
C & S Clearing and Settlement
CSD Central Securities Depository
DBOD Department of BankingOperations and Development
DBS Department of BankingSupervision
DICGC Deposit Insurance and Credit
Guarantee Corporation
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DIP Disclosure and Investor
Protection
DNS Deferred Net Settlement
DP Depository Participant
DRT Debt Recovery Tribunal
DvP Delivery Versus Payment
ECS Electronic Clearing Services
ECGC Export Credit Guarantee
Corporation of India
EFT Electronic Funds Transfer
EGM Extraordinary General Meeting
ELM Extreme Loss Margin
ESOP Employee Stock Option Scheme
ESPS Employee Share Purchase
Scheme
EU European Union
FASB Financial Accounting Standards
Board
FDR Fixed Deposit Receipts
FICCI Federation of Indian Chambers
of Commerce and Industry
FII Foreign Institutional Investors
F & O Futures and Options
FRRB Financial Reporting Review Board
FSAP Financial Sector Assessment
Programme
FSF Financial Stability Forum
GAAP Generally Accepted Accounting
Principles
GASAB Government Accounting
Standards Advisory Board
GCC General Credit Card
GDR Global Depository Receipt
GIC General Insurance Corporation
GoI Government of India
GS Act Government Securities Act
HLCCFM High Level Co-ordination
Committee on Financial Markets
HR Human Resources
HVC High Value Clearing
HVCCS High Value Cheque Clearing
System
IAASB International Auditing and
Assurance Board
IAPC International Auditing Practices
Committee
IAS International Accounting
Standards
IASB International Accounting
Standards Board
IASC International Accounting
Standards Committee
IBA Indian Banks’ Association
ICA Inter-credit Agreement
ICAI Institute of Chartered
Accountants of India
ICSI Institute of Companies
Secretaries of India
ICWAI Institute of Cost and Works
Accountants of India
IDL Intra-day Liquidity
IEPF Investors Education and
Protection Fund
IFAC International Federation of
Accountants
IFRIC International Financial Reporting
Interpretations Committee
IFRS International Financial Reporting
Standards
IFTP Inter-bank Funds Transfer
Processor
INTOSAI International Organisation of
Supreme Audit Institutions
IPSAB International Public Sector
Accounting Standards Board
IMF International Monetary Fund
IMS Institutions and Market
Structure
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IMSS Integrated Market Surveillance
Systems
IOSCO International Organisation of
Securities Commission
IPC Indian Penal Code
IPSASs International Public Sector
Accounting Standards
IPO Initial Public Offer
IRDA Insurance Regulatory and
Development Authority
IS International Standards
ISA International Standards on
Auditing
ISAE International Standards on
Assurance Engagement
ISIN International Securities
Identification Number
ISQC International Standards on
Quality Control
ISRE International Standards on
Review Engagement
ISRS International Standards on
Related Services Engagement
ISSA International Securities Services
Association
IT ACT Information Technology Act
KCC Kisan Credit Card
LA Listing Agreement
LIC Life Insurance Corporation of India
LoC Line of Credit
MCA Ministry of Corporate Affairs
MDA Management Discussion and
Analysis
MoU Memorandum of Understanding
MF Mutual Fund
MICR Magnetic Ink Character
Recognition
MMBCS Magnetic Media-based Computer
System
MNSB Multilateral Net Settlement
Batch
MTM Mark-to-market
NABARD National Bank for Agriculture and
Rural Development
NACAS National Advisory Committee on
Accounting Standards
NBFC Non-banking Financial
Companies
NCIT Non-custodial Institutional Trade
NCLAT National Company Law Appellate
Tribunal
NCLT National Company Law Tribunal
NDS Negotiated Dealing System
NDS-OM Negotiated Dealing System Order
Matching
NEAT National Stock Exchange for
Automated Trading
NECS National Electronic Clearing
Services
NEFT National Electronic Funds Transfer
NGO Non-governmental Organisation
NHB National Housing Bank
NI Act Negotiable Instrument Act
NPOs Not-for-profit Organisations
NSCCL National Securities Clearing
Corporation Limited
NSDL National Securities Depository
Ltd.
NSE National Stock Exchange
NSS National Standards-setter
OECD Organisation of Co-operation and
Economic Development
O L Official Liquidator
PAN Permanent Account Number
PCM Professional Clearing Member
PD Primary Dealers
PDO Public Debt Office
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PI Participant Interface
PU Practice Unit
QRB Quality Review Board
RBI Reserve Bank of India
RoC Registrar of Companies
ROSC Report on the Observance of
Standards and Codes
RRBs Regional Rural Banks
RSE Recognised Stock Exchange
RTGS Real Time Gross Settlement
SARFAESI Securitisation and
Reconstruction of Financial
Assets and Enforcement of
Security Interests Act
SAST Substantial Acquisition of Shares
and Takeovers
SBI State Bank of India
SCB Scheduled Commercial Banks
SCM Self-clearing Members
SCODA SEBI Committee on Disclosures
and Accounting Standards
SCOPE Standing Conference of Public
Enterprises
SCRA Securities Contracts (Regulation)
Act
SCRR Securities Contracts (Regulations)
Rules
SE Stock Exchange
SEBI Securities and Exchange Board of
India
SEC Securities and Exchange
Commission
SHG Self-help Group
SIC Standing Interpretations
Committee
SICA Sick Industrial Companies
(Special Provision) Act
SIPS Systemically Important Payment
Systems
SLB Securities Lending and
Borrowing
SMAC Secondary Market Advisory
Committee
SMCs Small and Medium-sized
Companies
SMEs Small and Medium-sized
Enterprises
SMP Small and Medium Practitioners
SOX Sarbanes Oxley Act
SQC Standard on Quality Control
SR Special Resolution
SRO Self-regulatory Organisation
SSS Securities Settlement System
STA Share Transfer Agent
St CB State Co-operative Bank
STP Straight-through Processing
TMCM Trading Member-cum-clearing
member
TSR Total Solution Release
UNCITRAL United Nations Commission on
International Trade Law
URRBCH Uniform Regulations and Rules
for Bankers’ Clearing House
VaR Value-at-Risk
VAT Value-added Tax
WTD Whole-time Director
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Chapter I
Approach to Assessment
The Government of India in consultation
with the Reserve Bank constituted the
Committee on Financial Sector Assessment
(CFSA) in September 2006, with a mandate to
undertake a comprehensive assessment of the
Indian financial sector focusing upon stability
and development. The CFSA was chaired by
Dr. Rakesh Mohan, Deputy Governor, Reserve
Bank of India. The Co-chairmen were Shri
Ashok Jha, Dr. D. Subbarao and Shri Ashok
Chawla, Secretary, Department of Economic
Affairs, Ministry of Finance, Government of
India. The Committee also had officials from
the Government of India as its members.
Taking into account the legal, regulatory
and supervisory architecture in India, it was
felt that there was a need for involving and
associating closely all the major regulatory
institutions, viz., Reserve Bank of India (RBI),
Securities and Exchange Board of India (SEBI)
and Insurance Regulatory and Development
Authority (IRDA), in addition to
representatives from the Government for this
exercise. In order to leverage the available
expertise to the maximum possible extent, it
was also deemed fit to involve, besides the
regulatory authorities, other agencies as
relevant to the work.
To assist the Committee in the process of
assessment, the CFSA constituted four
Advisory Panels for Financial Stability
Assessment and Stress Testing, Financial
Regulation and Supervision, Institutions and
Market Structure and Transparency Standards,
in August 2007. While the Panel on Financial
Stability Assessment and Stress Testing
conducted macro-prudential surveillance to
assess the soundness and stability and
developmental aspects of financial system, the
other three Panels identified and evaluated the
implementation of relevant standards and
codes in different areas. All Panels have dealt
with measures for strengthening the financial
system from a medium-term perspective. The
Panels were assisted by Technical Groups
comprising mainly officials from relevant
organisations to provide technical inputs and
data support, as appropriate to the respective
Advisory Panels. A Secretariat was constituted
within the Monetary Policy Department in the
Reserve Bank to provide logistical and
organisational support to the Advisory Panels
and Technical Groups.
Advisory Panel on Institutions and Market
Structure
As part of the assessment of standards
and codes, the terms of reference of the
Advisory Panel on Institutions and Market
Structure were to identify and consider the
relevant standards and codes as currently
prescribed and applicable for accounting,
auditing, bankruptcy laws, corporate
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Chapter I
Approach to Assessment
governance and payment and settlement
systems and evaluate their implementation in
the Indian context; identify the gaps in
adherence to these standards and codes and
the reasons therefor; and suggest possible
roadmaps addressing inter alia the
developmental issues relating to these
standards and codes, in a medium-term
perspective. The Advisory Panel chaired by Shri
C. M. Vasudev, comprised non-official experts
as members and officials representing
Government and other agencies as special
invitees (Annex A).
Technical Group on Institutions and Market
Structure
A Technical Group comprising officials
drawn from government and other agencies
who are directly associated with handling
respective areas of work, assisted the Advisory
Panel in preparing preliminary assessments
and background material, which served as
inputs to the Advisory Panel’s work (See Annex
B for the composition of the Technical Group
and terms of reference). Apart from the officials
indicated in Annex B, the Panel also benefited
from the inputs of the officials indicated in
Annex C.
Approach and Methodology
The Technical Group identified the
standards issued by the International
Accounting Standards Board (IASB) and the
International Auditing and Assurance
Standards Board (IAASB) as the relevant
standards applicable to the assessment of the
accounting and auditing standards,
respectively.
The assessment of adherence to
bankruptcy laws was based on the revised draft
of the ‘Principles and Guidelines for Effective
Insolvency and Creditor Rights Systems’ issued
by the World Bank.
Likewise, the OECD principles for
Corporate Governance were identified as the
relevant international standard applicable to
assess corporate governance.
The adherence to payment and settlement
systems was assessed on the standards
developed by the Committee on Payment and
Settlement Systems (CPSS) and the
International Organisation of Securities
Commission (IOSCO).
The preliminary assessments made by the
Technical Groups were considered by the
Advisory Panel with closer involvement of four
sub-panels (Annex D) in the areas of
accounting and auditing, bankruptcy laws,
corporate governance and payment and
settlement systems. The Advisory Panel had a
total of five meetings to consider the
assessments and recommendations and to
finalise its Report.
Peer Review
At the request of the CFSA, seven national
and also international experts on areas relating
to accounting, auditing, bankruptcy laws,
corporate governance and payment and
settlement systems peer reviewed the draft
Reports on respective assessments and
recommendations (Annex E).
The Advisory Panel considered in-depth
the comments made by the peer reviewers and
appropriately modified the Report after
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incorporating the comments/suggestions. The
Panel had also the option of not concurring
with the peer reviewers’ comments, if they
were considered not appropriate, particularly
in the Indian context. In the interest of
transparency, the comments of the peer
reviewers and the stance taken by the Panel
are provided appropriately in respective parts
of this Report.
Scheme of the Report
The Report is divided into seven chapters.
After the ‘Approach to Assessment’ in this
chapter, chapter II covers assessment of
adherence to accounting standards. Chapter III
covers assessment of adherence to
auditing standards. Chapter IV covers
assesment of adherence to corporate
governance principles. Chapter V covers the
assessment of adherence to standards
pertaining to payment and settlement
systems. Chapter VI covers the assessment of
adherence to principles for effective insolvency
and creditor rights systems and chapter VII
gives the summary of recommendations of the
Panel.
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Chapter I
Approach to Assessment
Annex A
RESERVE BANK OF INDIACENTRAL OFFICE
SHAHID BHAGAT SINGH ROADMUMBAI – 400 001, INDIA
DEPUTY GOVERNOR
MEMORANDUM
Constitution of Advisory Panel on Institutions and Market Structure
A Committee on Financial Sector Assessment (CFSA) has been constituted by theGovernment of India in consultation with the Reserve Bank, with the objective of undertakinga self-assessment of financial sector stability and development. One of the analyticalcomponents of Financial Sector Assessment would encompass a comprehensive assessment ofthe status and implementation of various international financial standards and codes.
2. In this connection, the CFSA has decided to constitute an Advisory Panel on Institutions& Market Structure comprising the following:
No Name Designation/Institution
1. Shri C. M. Vasudev Former Secretary, Economic Affairs, ChairmanGovernment of India
2. Shri C. B. Bhave Chairman and Managing Director, MemberNational Securities Depository Ltd.
3. Dr. K. C. Chakraborty Chairman and Managing Director, MemberPunjab National Bank
4. Dr. R. Chandrasekar Dean, Academic Affairs, Institute Memberfor Financial Management and Research
5. Dr. Ashok Ganguly Chairman, Firstsource Solutions Ltd. Member
6. Dr. Omkar Goswami Chairman, CERG Advisory Pvt. Ltd. Member
7. Shri Y. H. Malegam Chartered Accountant Member
8. Dr. Nachiket Mor Deputy Managing Director, ICICI Bank Ltd. Member
9. Shri T. V. Mohandas Pai Member of the Board, Infosys Ltd. Member
10. Dr. Janmejaya Sinha Managing Director, Boston MemberConsulting Group
11. Shri Gagan Rai Chairman and Managing Director, Member
National Securities Depository Ltd.
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3. In addition, the Advisory Panel can utilise the expertise of the following ex-officio SpecialInvitees:
No. Name Designation/Organisation
1. Shri Jitesh Khosla Joint Secretary (Corporate Affairs), Ministry of CorporateAffairs, Government of India
2. Dr. K.P.Krishnan Joint Secretary (Capital Markets), Department of EconomicAffairs, Ministry of Finance, Government of India
3. Dr. R.B.Barman Executive Director, Reserve Bank of India
4. Shri Anand Sinha Executive Director, Reserve Bank of India
5. Shri C.R.Muralidharan Member, Insurance Regulatory and DevelopmentAuthority
6. Shri Sandeep Parekh Advisor (Legal), Securities and Exchange Board of India
4. The Advisory Panel will have the following terms of reference:
(i) to identify and consider the relevant standards and codes as currently prescribed
and applicable for institutions and market structure in terms of bankruptcy laws,
accounting and auditing, payment and settlement systems and corporate
governance policies and evaluate their implementation in the Indian context;
(ii) to identify the gaps in adherence to the respective standards and codes and the
reasons therefor; and
(iii) to suggest possible roadmaps addressing, inter alia, the developmental issues relating
to respective standards and codes, in a medium-term perspective.
5. The Advisory Panel would have the option of co-opting as Special Invitees any other
experts as they deem fit.
6. The secretarial assistance to the Advisory Panel will be provided by the Reserve Bank of
India. The Technical Group on Institutions and Market Structure constituted by the Reserve
Bank at the instance of the Committee has already progressed with the technical work
with regard to above terms of reference. The technical notes and background material
prepared by these groups would inter alia form the basis for discussion by the Panel and
in drafting of the Report.
7. The Advisory Panel will prepare a detailed Report covering the above aspects and the
Government of India/Reserve Bank of India will have the discretion of making the Report
public, after a peer review, as they may deem fit.
8. The Advisory Panel is expected to submit its Report in about three months from the date
of its first meeting.
(Rakesh Mohan)
Mumbai Deputy Governor and Chairman of the
August 10, 2007 Committee on Financial Sector Assessment
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Chapter I
Approach to Assessment
Annex B
RESERVE BANK OF INDIACENTRAL OFFICE
SHAHID BHAGAT SINGH ROADMUMBAI – 400 001, INDIA
DEPUTY GOVERNOR
MEMORANDUM
Constitution of Technical Group on Institutions & Market Structure
The Committee on Financial Sector Assessment (CFSA) will undertake a self-assessment
of financial sector stability and development. One of the analytical components of Financial
Sector Assessment would encompass a comprehensive assessment of the status and
implementation of various international financial standards and codes. CFSA has decided to
constitute a Technical Group on Institutions & Market Structure comprising the following:
No. Name Designation/Institution
1. Shri K. D. Zacharias Legal Adviser-in-Charge, LD, RBI Member
2. Dr. Janak Raj Advisor, DEAP, RBI Member
3. Shri Chandan Sinha Chief General Manager, FMD, RBI Member
4. Shri A. P. Hota Chief General Manager, DPSS, RBI Member
5. Shri P. K. Panda General Manager, DBS, RBI Member
6. Shri P. R. Ravimohan General Manager, DBOD, RBI Member
7. Shri D. Rajagopala Rao General Manager, DNBS, RBI Member
8. Shri Amarjeet Singh Regional Manager, SEBI Member
9. Shri Pawan Kumar Director, Ministry of Corporate Affairs Member
10. Ms. Mamta Suri Deputy Director, IRDA Member
11. Shri K. Kanagasabapathy Secretary to CFSA Convenor
2. The Group will have the following terms of reference:
(i) to identify the relevant standards and codes as currently prescribed by various
standard-setting bodies in relation to bankruptcy laws, accounting, auditing,
payment and settlement systems and corporate governance policies;
(ii) to compile relevant data and information on follow-up of earlier assessments and
recommendations made by the earlier FSAP and also internally by the Standing
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Committee on International Financial Standards and Codes on the relevant
standards;
(iii) to contribute to technical work in the implementation of the remaining elements
of standards and codes pertaining to bankruptcy laws, accounting, auditing,
payment and settlement systems and corporate governance;
(iv) to identify the gaps in adherence to the respective standards and codes and the
reasons therefor;
(v) to suggest possible roadmaps addressing, inter alia, the developmental issues, in
the medium-term perspective; and
(vi) to provide a fair and independent assessment on bankruptcy laws, accounting,
auditing, payment and settlement systems and corporate governance in the form
required by Advisory Groups constituted by the Reserve Bank and other regulatory
agencies.
3. The Group would function under the overall guidance of Shri V.K. Sharma, Executive
Director, Reserve Bank of India.
4. The Group will also be directed by decisions taken by the Advisory Panel on Institutions
and Market Structure.
5. A list of Special Invitees who could act as resource persons to the Group and whose
expertise can be called upon by the Group while preparing inputs for the Advisory Panels
is provided in Annex C. The Group may co-opt as special invitees, one or more of the
identified officials, or any other officials from the Reserve Bank, Government or other
agencies as they deem appropriate.
6. The Group is expected to complete its task in the minimum possible time which, in any
case, would not go beyond three months from the date of its constitution.
(Rakesh Mohan)
Chairman
March 1, 2007
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Chapter I
Approach to Assessment
Annex C
List of Officials who Assisted the Advisory Panel
The Panel acknowledges the contributions made by the following officials in preparation
of the Report.
No. Name Designation
1. Dr. Janak Raj Adviser, RBI
2. Shri T. B. Satyanarayana General Manager, RBI
3. Shri R. N. Kar General Manager, RBI
4. Shri Arun Pasricha General Manager, RBI
5. Ms. Sudha Damodar General Manager, RBI
6. Dr. Mohua Roy Director, RBI
7. Shri S. Dhamodaran Senior General Manager, ICICI Bank
8. Shri Jaikant Singh Director, Accounting and Auditing, MCA
9. Shri O. N. Ravi Senior Vice-President, CCIL
10. Ms. Bhavna Doshi Senior Adviser, KPMG
11. Shri Vijay Kapur Director, AASB
12. Shri P. Rama Rao Official Liquidator, Ministry of Corporate Affairs, GoI
13. Shri Himanshu Mohanty Deputy General Manager, RBI
14. Shri Sunil T. S. Nair Deputy General Manager, RBI
15. Ms. Jyoti Jindgar Deputy General Manager, SEBI
16. Ms. Nilima Ramteke Assistant General Manager, RBI
17. Shri Puneet Pancholy Assistant General Manager, RBI
18. Shri K. Vijay Kumar Assistant General Manager, RBI
19. Shri D. Sathish Kumar Assistant General Manager, RBI
20. Shri Nishanth Gopinath Assistant General Manager, RBI
21. Shri L. M. Devare Official Liquidator, Bank of Karad
22. Ms. Vandana Jindal Assistant General Manager, SEBI
23. Shri A. Abhilash Legal Officer, RBI
24. Shri B. Bohra Legal Officer, RBI
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Annex D
Details of Sub-Panels formed by the Advisory Panel on
Institutions and Market Structure
Subject Area Members of Sub-Panel
Accounting and Auditing Shri Y. H. Malegam*
Bankruptcy Laws Dr. Omkar Goswami
Dr. K. C. Chakraborty
Corporate Governance Dr. Ashok Ganguly
Dr. R. Chandrasekar
Shri T. V. Mohandas Pai
Payment and Settlement Systems Shri C. B. Bhave
Dr. Janmejaya Sinha
Dr. Nachiket Mor
Shri Gagan Rai
* Commented on the Draft Report on Assessment of Adhrence to Corporate Governance Principles also.
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Chapter I
Approach to Assessment
Annex E
List of Peer Reviewers who Reviewed the Assessments
No. Subject Name/s of the Peer Reviewer/s
1. Accounting Mr. Ian Mackintosh, Chairman, Accounting Standards
Board, UK
Dr. Kamal Gupta, FCA
2. Auditing Mr. Ian Mackintosh, Chairman, Accounting Standards
Board, UK
Shri N. P. Sarda, Chairman, Deloitte, Haskins and Sells
3. Bankruptcy Laws Mr. Thomas Baxter, Jr.
General Counsel and Executive Vice President
Federal Reserve Bank of New York
Shri T. R. Sridharan,
Former Chairman, Canara Bank
4. Corporate Governance Sir Andrew Large, Former Deputy Governor,
Bank of England
5. Payment and Settlement Mr. Greg Johnston, Head of Banking,
Systems Reserve Bank of Australia
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Chapter II
Contents
Assessment of Accounting Standards
Section Subject Page
No. No.
1. Introduction ........................................................................................................ 19
1.1 Significant Findings and Recommendations of Advisory Group-2001 ...... 20
1.2 Significant Findings and Recommendations of Report on Observance
of Standards and Codes -2004 .................................................................. 20
2. Accounting Standards – The International Benchmark ................................. 21
3. Accounting Standards in India .......................................................................... 23
3.1 Composition of the Accounting Standards Board................................... 23
3.2 The Accounting Standard-setting Process ............................................... 23
3.3 Recognition of Accounting Standards...................................................... 24
4. Present Status of Accounting Standards .......................................................... 25
4.1 Accounting Standards for Enterprises Engaged in Commercial,
Industrial or Business Activities .............................................................. 25
4.2 Accounting Standards for Small & Medium-sized Enterprises .............. 26
4.3 Accounting Standards for Not-for-Profit Organisations
(NPOs)/Non-governmental Organisations (NGOs) ................................. 27
4.4 Accounting Standards for Local Bodies ................................................... 27
4.5 Accounting Standards for Governments ................................................ 28
4.6 Accounting Standards for Business Enterprises Governed by Specific
Acts of Parliament ..................................................................................... 28
5. Divergences between Basel Committee Norms and IFRS and the
Indian Position ................................................................................................... 28
6. Enforcing Compliance ........................................................................................ 29
6.1 The Companies Act ................................................................................... 29
6.2 Listing Agreements ................................................................................... 29
6.3 Disciplinary Action ..................................................................................... 29
6.4 Financial Reporting Review Board............................................................. 29
6.5 Peer Review Board ...................................................................................... 29
6.6 Quality Review Board ................................................................................. 30
7. Status of Progress on Recommendations of Reports of 2001 and 2004 ....... 30
7.1 Bridging Gap Between Standards Issued by IASC/IASB & ICAI .............. 30
7.2 Reducing Areas of Departures from IAS/IFRS ......................................... 31
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7.3 Mention of Deviation from IFRS and Reason Therefor in AS ............... 32
7.4 Convergence with IFRSs ........................................................................... 32
7.5 Single Standard-setting Authority ............................................................ 33
7.6 Emerging Issues Task Force ...................................................................... 34
7.7 Monitoring Compliance with Accounting Standards ............................. 34
7.8 Rationalisation of Provisions of Companies Act with Accounting
Standards ................................................................................................... 34
8. The Way Forward ................................................................................................ 34
8.1 Convergence with IFRSs ........................................................................... 34
8.2 Greater Participation in International Standard-setting Process ............... 35
8.3 Development of Accounting Standards ................................................... 35
8.4 Sector-specific Application Guidance ...................................................... 35
8.5 Interpretations .......................................................................................... 35
8.6 Authority for Issuance of Standards ........................................................ 36
8.7 Accounting Standards for Government ................................................... 36
8.8 Co-operative Banks.................................................................................... 36
8.9 Harmonisation of Legal and Regulatory Positions with
Accounting Standards ............................................................................... 37
8.10 Compliance Monitoring Programme ....................................................... 37
8.11 Compliance Guidance/Training Programmes.......................................... 37
List of Appendices
Appendix A: Composition of NACAS ............................................................. 38
Appendix B: Comparative Statement of International Accounting Standards/
International Financial Reporting Standards and Indian
Accounting Standards (As on October 31, 2008) ..................... 39
Appendix C: Definition of Small and Medium-sized Company as per
Clause 2(f) of the Companies (Accounting Standards)
Rules, 2006 ................................................................................. 43
Appendix D: Harmonised Criteria for Classification of Non-corporate
Entities as Decided by the Institute of Chartered
Accountants of India ................................................................. 44
Appendix E: Major Departures in Indian Accounting Standards
from the Corresponding IFRSs ................................................. 45
Appendix F: Composition of the Task Force ................................................. 64
Appendix G: Accounting Standards: A Peer Review of the
Advisory Panel Report ............................................................... 65
Appendix H: Accounting Standards: A Peer Review of the
Advisory Panel Report ............................................................... 68
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Chapter II
Assessment of Accounting Standards
1. Introduction
1. Accounting Standards provide the basis
for accurate financial reporting which is
essential in a modern market corporate-driven
economy. Robustness, reliability and
transparency of financial reports determine the
effectiveness of financial decision-making
process, resource allocation and functioning of
capital markets.
2. Accounting Standards harmonise
different accounting policies and practices in
use in a country, leading to reduction in
accounting alternatives used in the preparation
of financial statements, standardisation of
presentation and disclosure norms to achieve
comparability of financial statements of the
different enterprises functioning in a country.
3. This chapter of the Report describes the
current status of observance of International
Accounting Standards in India and the
initiatives taken in this regard by the Institute
of Chartered Accountants of India (ICAI), the
premier accounting body established under an
Act of Parliament. ICAI operates in association
with and with the support of the Ministry of
Corporate Affairs, the Reserve Bank and various
other regulatory bodies like Securities and
Exchange Board of India (SEBI).
4. This assessment builds on the two
immediately preceding assessment reports on
the subject:
(i) The Report (January 2001) of the Advisory
Group on Accounting and Auditing
appointed by the Reserve Bank to evaluate
and report on observance of international
standards and codes in various areas
impacting overall financial system
(Advisory Group-2001); and
(ii) The Report on Observance of Standards
and Codes (December 2004) (ROSC) issued
as a part of joint initiative of the World
Bank and the International Monetary Fund
(IMF) for reviewing the strengths and
weaknesses of corporate accounting and
auditing practices in India (ROSC-2004).
5. After listing key findings and
recommendations of Advisory Group-2001 and
ROSC-2004, this chapter provides a brief
description of the international initiatives for
harmonisation of accounting practices and
policies and the international benchmark used
for this assessment. It then proceeds to provide
the status of Indian Accounting Standards, the
standard-setting process, legal and regulatory
framework in this regard and a comparison of
Indian Accounting Standards vis-à-vis
International Accounting Standards. It then sets
out the progress made in relation to the
observations/recommendations made in the
earlier reports, specifically, ROSC-2004. This is
followed by recommendations of the Advisory
Panel on the way forward.
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20
Chapter II
Assessment of Accounting Standards
1.1 Significant Findings and
Recommendations of Advisory
Group-2001
6. The Group compared the Indian
Accounting and Auditing Standards with
international standards, identified gaps and
made recommendations to bridge the gaps. Its
principal observations relating to Accounting
Standards were:
(i) There is a significant gap between
Standards issued by International
Accounting Standards Committee (IASC)
and ICAI, especially in respect of standards
relating to financial institutions.
(ii) All standards issued by ICAI do not
correspond to the standards issued by IASC.
Accordingly, it recommended that:
(i) ICAI must take steps to reduce the gaps
between Indian and International
Accounting Standards and take up, on
emergency basis, issuance of standards
for financial institutions in line with (a)
IAS30, Disclosures in Financial
Statements of Banks and Similar Financial
Institutions; (b) IAS32, Financial
Instruments: Disclosure and Presentation;
and (c) IAS39, Financial Instruments:
Recognition and Measurement.
(ii) It should be the endeavour of the
Accounting Standards Board (ASB) that
Indian Accounting Standards correspond,
as far as possible with the International
Accounting Standards and wherever there
is departure, the Standard should identify
the same and explain the reasons for
departure.
(iii) ASB should be an autonomous body
within ICAI with its own staff and
independent funding.
(iv) There should be only one standard-
setting authority in the country.
(v) ASB should set up a separate committee
to address issues requiring immediate
pronouncements.
(vi) There should be a mechanism in place to
monitor compliance with the standards.
1.2 Significant Findings and
Recommendations of Report on
Observance of Standards and Codes-2004
7. ROSC-2004 reported as under:
‘India’s accounting profession was among
the earliest to develop historically when the
Indian Companies Act was enacted in the mid-
1800s, giving the accounting profession its start.
Since then, considerable efforts have been made
to align India’s accounting and auditing
standards and practices with the internationally
accepted standards and codes. However, there
is room for improvement.
Indian accounting and auditing standards
are developed on the basis of international
standards; and the country has many
accountants and auditors who are highly skilled
and capable of providing international- standard
services. However, in order to further improve
the quality of corporate financial reporting in
India, there is a need to improve the
institutional framework and take steps for
enhancing compliance with the applicable
standards and rules.
Enhanced by significant inputs from
stakeholders, this Report provides some
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21
principles-based policy recommendations aimed
at strengthening the corporate financial
reporting regime in India. These
recommendations specifically focus on
strengthening the monitoring and enforcement
arrangements. Moreover, suggestions have been
made on some important elements of an
independent oversight body for the auditing
profession, from a public interest perspective.
The objectives of the recommendations are to
build on the existing system and promote a
gradual process of improvement’.
8. The key policy recommendations of
ROSC-2004, so far as they relate to accounting
and auditing practices, are, accordingly focussed
on strengthening of monitoring and
enforcement mechanism and the role of each
link in the monitoring and enforcement chain:
(i) the top management/preparers and
issuers of financial statements;
(ii) the auditors reporting on the extent of
compliance with Accounting Standards by
the preparers of financial statements
while conducting audit in accordance
with applicable auditing standards; and
(iii) regulators preventing non-compliance
with accounting and auditing standards
through monitoring and enforcement of
activities of both top management/
preparers of financial statements and
auditors auditing and reporting on these
financial statements.
The Report made the following key
recommendations in relation to Accounting
Standards/practices:
(i) Steps be taken to issue national standards
for International Financial Reporting
Standards (IFRSs) for which national
standards are not yet issued.
(ii) Rationalise Companies Act, specifically,
Schedule VI and the rates of depreciation,
to bring it in line with Accounting
Standards.
(iii) ICAI be recognised as single accounting
standard-setting body.
(iv) Bring regulations and monitoring of
financial reporting practice by all
corporate banks under purview of the
Reserve Bank.
(v) Scale up structured training programme
for ICAI members.
(vi) Improve professional education and
training arrangements.
2. Accounting Standards – TheInternational Benchmark
9. The need for harmonising accounting
practices and policies adopted in different
countries was recognised by various accounting
bodies of the world when, as result of an
agreement between accountancy bodies in
Australia, Canada, France, Germany, Japan,
Mexico, the Netherlands, UK, Ireland and the
US, the International Accounting Standards
Committee (IASC) was constituted in 1973 for
harmonising global accounting policies and
practices by developing International
Accounting Standards (IASs). This initiative
towards the harmonisation of accounting
policies received a boost with the constitution
of the International Federation of Accountants
(IFAC) in 1977. IFAC was established by
agreement among 63 professional accounting
bodies from 51 countries with the objective of
strengthening the accountancy profession by
developing high quality international standards
and supporting their adoption and use.
10. The Standards issued by IASC were
described as International Accounting Standards
(IAS). In April 2001, IASC was reconstituted as
the International Accounting Standards Board
(IASB) and took over the responsibility of setting
Accounting Standards from IASC. The Standards
issued by IASB are known as the IFRS. IASC had
issued 41 Standards till 2001, when a process
of restructuring was undertaken and the role of
development of International Accounting
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Chapter II
Assessment of Accounting Standards
Standards was transferred to IASB. Since then,
new IFRSs have been issued, many IASs have
been revised and certain IASs have been
withdrawn. As and when IASs are completely
revised, they are issued as the IFRSs. As on date,
29 IASs are in force, the rest having been
withdrawn. IASB has issued 8 IFRSs. IASs and
IFRSs are collectively referred to as the IFRSs.
11. The interpretations of IASs and IFRSs are
developed by the International Financial
Reporting Interpretations Committee (IFRIC).
IFRIC replaced the former Standing
Interpretations Committee (SIC) in March 2002.
IFRIC’s mission is ‘to interpret the application
of International Accounting Standards (IASs)
and International Financial Reporting Standards
(IFRSs) and provide timely guidance on financial
reporting issues not specifically addressed in
IASs and IFRSs, in the context of the IASB
framework, and undertake other tasks at the
request of the IASB’.
12. Besides the IFRSs, which are currently
adopted or adapted by large number of
countries, the Accounting Standards developed
by United States of America (commonly referred
to as US GAAPs – Generally Accepted Accounting
Practices) have also assumed significance in the
world of global financial reporting because of
the increased number of global enterprises
seeking listing in US capital markets. This has
resulted in two widely recognised and used
financial reporting standards; IFRSs and US
GAAPs.
13. Recognising the influence of these two
sets of financial reporting standards in
establishing a benchmark in setting the world’s
financial reporting system, the Financial
Accounting Standards Board (FASB) of the US
and IASB felt that a sensible way to achieve a
single set of the global financial reporting
standards would be to move towards
convergence of US GAAPs and IFRSs. A joint
meeting between FASB and IASB held in October
2002 in Norwalk, USA formalised their
commitment to the convergence of US GAAPs
and IFRSs by issuing a memorandum of
understanding (‘Norwalk Agreement’) and
pledged to use their best efforts to make their
existing financial reporting standards fully
compatible as soon as is practicable, and to co-
ordinate their future work programmes to
ensure that once achieved, compatibility is
maintained.
14. The Securities Exchange Commission
(SEC) of the US announced on November 15,
2007 that non-US companies will be allowed to
file their accounts based on the IFRSs without
requiring to file the reconciliation statement
between IFRSs and US GAAPs for the financial
statements covering years ending after
November 15, 2007 and 60 days after the
relevant amendments to rule are published in
the Federal Register.
15. The International Organisation of
Securities Commission (IOSCO), recognising the
need for standardisation of accounting practices
followed globally in view of growing cross-border
movement of capital, has propagated the use of
the IFRSs as the uniform language of business.
16. The European Union (EU) has also
adopted IFRSs as financial reporting standards
for all EU- listed companies for preparing the
consolidated financial statements from January
1, 2005. Australia has also adopted IFRSs from
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23
2005 and New Zealand from 2007. Canada has
announced that it will adopt IFRSs from 2011.
17. The Report of Advisory Group-2001 and
ROSC-2004 used IFRSs as the benchmark for
their assessment. Accordingly, IFRSs have been
used as the benchmark for this Report.
3. Accounting Standards in India
18. The Indian accounting profession is
among the oldest in the world. It was developed
formally when the Indian Companies Act was
enacted in the mid-1800s.
19. The process of codification of accounting
practices in the form of Accounting Standards
in India started with the establishment of the
Accounting Standards Board (ASB) by ICAI in
1977. While formulating Indian Accounting
Standards, ASB takes into consideration the
applicable laws, customs, usages, level of
development and business environment
prevailing in the country and makes suitable
modifications to International Accounting
Standards.
3.1 Composition of the Accounting
Standards Board
20. ICAI has established the ASB as a
committee of the Council of ICAI. The
composition of the ASB is broad-based with a
view to ensuring the participation of all interest
groups in the standard-setting process. These
interest groups include industry, various
departments of government and regulatory
authorities, financial institutions, academic and
professional bodies. Industry is represented on
the ASB by their apex level associations, viz.,
Associated Chambers of Commerce and
Industry of India (ASSOCHAM), Federation of
Indian Chambers of Commerce and Industry
(FICCI) and Confederation of Indian Industries
(CII). As regards government departments and
regulatory authorities, the Reserve Bank,
Insurance Regulatory Development Authority,
Ministry of Corporate Affairs, Central Board of
Direct Taxes, Comptroller & Auditor General of
India, Controller General of Accounts, Securities
and Exchange Board of India and Central Board
of Excise and Customs are represented on the
ASB. Besides these, representatives of academic
and professional institutions such as
universities, Indian Institutes of Management,
Institute of Cost and Works Accountants of India
and Institute of Company Secretaries of India
are also represented on the ASB. Apart from
these interest groups, members of the Central
Council of ICAI are also nominated on the ASB.
3.2 The Accounting Standard-setting
Process
21. Accounting standard-setting, by its very
nature, involves an optimal balance of
requirements of financial information for
various interest groups having a stake in
financial reporting. With a view to reaching
consensus, to the extent possible, as to the
requirements of the relevant interest groups and
thereby bringing about general acceptance of
Accounting Standards among such groups,
considerable research, consultations and
discussions with the representatives of the
relevant interest groups at different stages of
standard formulation becomes necessary.
The standard-setting procedure of the
ASB, as briefly outlined below, is designed to
ensure such consultation and discussions:
(i) Identification of the broad areas by ASB
for formulating Accounting Standards.
(ii) Constitution of the study groups by ASB
for preparing preliminary drafts of the
proposed Accounting Standards.
(iii) Consideration of the preliminary draft
prepared by the study group by ASB and
revisions, if any, of the draft on the basis
of deliberations by ASB.
(iv) Circulation of the draft, so revised, among
Council members of ICAI and 12 specified
outside bodies such as Standing
Conference of Public Enterprises
(SCOPE), Indian Banks’ Association, apex-
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24
Chapter II
Assessment of Accounting Standards
level industry associations, SEBI, IRDA,
Comptroller and Auditor General of India
(C& AG) and Ministry of Corporate Affairs,
for comments.
(v) Meeting with the representatives of
specified outside bodies to ascertain their
views on the draft of the proposed
Accounting Standard.
(vi) Finalisation of the Exposure Draft of the
proposed Accounting Standard on the
basis of comments received.
(vii) Issuance of the Exposure Draft inviting
public comments.
(viii) Consideration of the comments received
on the Exposure Draft and finalisation of
the draft Accounting Standard by ASB for
submission to the Council of the ICAI for
its consideration and approval for
issuance.
(ix) Consideration of the draft Accounting
Standard by the Council of ICAI, and if
found necessary, modification of the draft
in consultation with ASB.
(x) Issuance of the Accounting Standard, so
finalised, under the authority of the
Council of ICAI.
3.3 Recognition of Accounting Standards
22. Accounting Standards issued by ICAI
received legal recognition in 1998 with the
insertion of Sections 211(3A), (3B) and (3C) in
the Companies Act, 1956. These sections require
all companies (private or public) to prepare their
financial statements in accordance with the
Accounting Standards recommended by ICAI
and prescribed by the Central Government in
consultation with the National Advisory
Committee on Accounting Standards (NACAS),
which was constituted by the Central
Government on 29 August 2001 under authority
of Section 210 A of the Companies Act, 1956
with its secretariat at the ICAI. Its constitution
is given in Appendix A.
23. The Standards issued by ICAI are
deliberated at length by NACAS and
recommended to the Central Government for
notification. The Ministry of Corporate Affairs
vide its Notification dated December 7, 2006
notified Accounting Standards 1 to 7 and 9 to
29 as formulated by ICAI for adoption by
companies.
24. SEBI, through the Stock Exchange listing
agreements, requires listed companies to
mandatorily comply with all the Standards as
prescribed or deemed to be prescribed under
the Companies Act, 1956 issued by ICAI from
time to time.
25. IRDA requires insurance companies to
follow the Standards issued by ICAI.
26. The Reserve Bank requires commercial
banks to follow the Standards issued by ICAI
through its binding circulars/guidelines. It also
provides guidance to the banks on the
application of Standards, where required.
27. Apart from the corporate bodies, the
Council of ICAI has made various Accounting
Standards mandatory in respect of certain non-
corporate entities such as partnership firms,
sole-proprietary concerns/individuals, societies
registered under the Societies Registration Act,
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25
trusts, associations of persons, and Hindu
Undivided Families, where financial statements
of such entities are statutorily required to be
audited, for example, under Section 44AB of the
Income-tax Act, 1961. The Council has cast a
duty on its members to examine compliance
with the Standards in the financial statements
covered by their audit and in the event of any
deviations therefrom, to make adequate
disclosures in their audit reports so that the
users of the financial statements are made aware
of such deviations.
4. Present Status of AccountingStandards
4.1 Accounting Standards for Enterprises
Engaged in Commercial, Industrial or
Business Activities
28. Accounting Standards issued by the ICAI
are applicable to enterprises engaged in
industrial, commercial or business activities
irrespective of the form of organisation
(corporate, co-operative, partnership or even
proprietorship concerns) and also irrespective
of the objective for which it is established
(charitable, religious or not-for-profit).
29. So far, 32 Indian Accounting Standards on
the following subjects have been issued by ICAI:
AS 1 Disclosure of Accounting Policies
AS 2 Valuation of Inventories
AS 3 Cash Flow Statements
AS 4 Contingencies and Events Occurring
after the Balance Sheet Date
AS 5 Net Profit or Loss for the Period, Prior
Period Items and Changes in Accounting
Policies
AS 6 Depreciation Accounting
AS 7 Construction Contracts (revised 2002)
AS 8 Accounting for Research and
Development (withdrawn pursuant to
the issuance of AS 26)
AS 9 Revenue Recognition
AS 10 Accounting for Fixed Assets
AS 11 The Effects of Changes in Foreign
Exchange Rates (revised 2003)
AS 12 Accounting for Government Grants
AS 13 Accounting for Investments
AS 14 Accounting for Amalgamations
AS 15 Employee Benefits (Revised 2005)
AS 16 Borrowing Costs
AS 17 Segment Reporting
AS 18 Related Party Disclosures
AS 19 Leases
AS 20 Earnings Per Share
AS 21 Consolidated Financial Statements
AS 22 Accounting for Taxes on Income
AS 23 Accounting for Investments in
Associates in Consolidated Financial
Statements
AS 24 Discontinuing Operations
AS 25 Interim Financial Reporting
AS 26 Intangible Assets
AS 27 Financial Reporting of Interests in Joint
Ventures
AS 28 Impairment of Assets
AS 29 Provisions, Contingent Liabilities and
Contingent Assets
AS 30 Financial Instruments: Recognition and
Measurement (Recommendatory from
April 1, 2009 and mandatory from April
1, 2011) AS 31 Financial Instruments:
Presentation (Recommendatory from
April 1, 2009 and mandatory from April
1, 2011)
AS 32 Financial Instruments: Disclosures
All these standards use IFRSs as a base.
A comparative statement setting out number
and subject of IFRSs and IASs is given in
Appendix B.
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26
Chapter II
Assessment of Accounting Standards
4.2 Accounting Standards for Small and
Medium-sized Enterprises
30. Indian Accounting Standards are, in
general, applicable to all entities whether there
is public interest or not and irrespective of their
form of organisation or size (share capital,
turnover, number of employees). With the
expansion in the coverage of Accounting
Standards, it was felt that an application of all
Accounting Standards to all entities (which
includes even non-corporate entities who are
required to get their financial statements
audited by chartered accountants) would place
too heavy a burden on small and medium
enterprises in terms of cost and effort
which would not be commensurate with the
benefits.
31. Therefore, for the purpose of applying the
standards, ICAI categorised enterprises into
three levels, i.e., Level I, Level II and Level III.
Level II and Level III are considered to be SMEs.
However, as per the notification of the
Accounting Standards under the Companies Act,
companies have been classified into two
categories only, i.e., Small and Medium
Companies (SMCs) (Refer Appendix C for
meaning of SMC) and other than SMCs. ICAI
has recently harmonised its classification
criteria with those under the Companies Act.
Consequently, from accounting periods
commencing on or after April 1, 2008 the
position is as follows:
● The criteria for being categorised as a
Level I company of ICAI and those of
companies other than SMCs under the
Rules are now identical. Similarly, the
criteria for being categorised as a Level II
company under ICAI’s classification and
those of SMCs under the Rules are the
same.
● Entities that are bodies corporate but not
companies (e.g. a corporation set up
under a Central or State Act) would be
classified under the revised scheme of
classification of ICAI under Levels I and
II only.
● Certain exemptions/relaxations have
been given to enterprises falling in Levels
II and III (i.e., small and medium-sized
enterprises). The exemptions/relaxations
are primarily in respect of disclosure
requirements. In general, the recognition
and measurement principles to be applied
by SMCs are the same as those to be
applied by Level I enterprises. The
exemptions/relaxations available to
Level II non-company entities as per
ICAI’s classification would be the same
as those available to SMCs under the
Rules except that the aforesaid Level II
entities that employ less than 50
employees during the accounting year
will continue to enjoy certain
exemptions/relaxations from AS 15,
Employee Benefits, which are not
available to SMCs under the Rules.
● AS18 (Related Party Disclosures) and AS24
(Discontinuing Operations) apply to Level
II non-company entities also. The Rules
too do not give any exemption to SMCs
from AS18 or AS 24.
The harmonised criteria applicable to
non-companies are in Appendix D.
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27
4.3 Accounting Standards for Not-for-
Profit Organisations (NPOs)/Non-
governmental Organisations (NGOs)
32. Accounting Standards issued by ICAI do
not apply to only those NPOs/NGOs who carry
on activities that are not commercial, industrial
or business in nature. The Research Committee
of ICAI has issued a Technical Guide on
Accounting and Auditing in NPOs/NGOs which
recommends that the Standards issued by ICAI
should be applied by even NPOs/NGOs engaged
in purely non-commercial, non-business or non-
industrial activities. The Technical Guide
explains the manner in which the Accounting
Standards should be applied by NPOs/NGOs to
their activities.
4.4 Accounting Standards for Local Bodies
33. ICAI has been deeply involved in
accounting reforms in government accounting,
particularly, accounts of urban local bodies. It
initially constituted a Sub-Committee of ASB for
issuing Accounting Standards, for governments
including urban local bodies in 1999. As a first
step, it issued a Technical Guide on Accounting
and Financial Reporting by urban local bodies,
which contains recommendations relating to
application of Accounting Standards, issued by
ICAI, to urban local bodies. The purpose of this
Technical Guide is to provide a broad framework
for and directions to state governments and
urban local bodies, ICAI members and others as
they work to improve urban bodies’ accounting
and financial reporting systems. The
recommendations contained in the Technical
Guide have received a positive response from
many urban local bodies that have shifted or
are in the process of shifting from cash basis
accounting to accrual basis accounting. The
process has gained momentum as these bodies
are increasingly going to the capital markets for
raising funds. However, these bodies are still
following diverse accounting policies and
practices in the preparation of their financial
statements. Therefore, a need was felt for
formulating a single set of high quality financial
reporting standards for local bodies setting out
recognition, measurement, presentation and
disclosure requirements dealing with
transactions and events in general purpose
financial statements of local bodies.
34. Recognising this need to harmonise and
improve accounting and financial reporting
among local bodies, ICAI constituted an
independent Committee on Accounting
Standards for Local Bodies (CASLB) in March
2005. The composition of the CASLB is broad-
based and ensures the participation of all
interest-groups in the standard-setting process.
Apart from the members of the Council of the
ICAI, the CASLB comprises representatives of
the Ministry of Urban Development, the
Comptroller and Auditor General of India,
Controller General of Accounts, National
Institute of Urban Affairs, Ministry of
Panchayati Raj, directorates of major local
bodies, directorates of local fund audit
departments, academic institutions and other
eminent professionals co-opted by the ICAI.
35. CASLB has been constituted primarily for
formulating standards for local bodies. It can
also take steps for improving the accounting
methodology and systems of local bodies, and
act as a forum to receive feedback from local
bodies regarding the problems faced by them
in the adoption of accrual accounting and in the
application of the standards. While formulating
standards for local bodies, CASLB gives due
consideration to the International Public Sector
Accounting Standards (IPSASs) prepared by the
International Public Sector Accounting
Standards Board (IPSASB) of IFAC and tries to
integrate them, to the extent possible, with a
view to facilitating global harmonisation.
36. The Committee’s first publication,
namely, ‘Preface to the Accounting Standards
for Local Bodies’, sets out the objectives and
operating procedures of CASLB and explains the
scope and authority of the Standards for local
bodies. Two Accounting Standards for local
bodies (ASLB) are issued: ASLB3, Revenue from
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28
Chapter II
Assessment of Accounting Standards
Exchange Transactions and ASLB4, Borrowing
Costs. The Exposure Draft of the ‘Framework
for Preparation and Presentation of Financial
Reports by Local Bodies’ is being finalised on
the basis of the comments received on its
limited exposure among the specified outside
bodies. The drafts of the proposed standards
for local bodies on Presentation of Financial
Statements (ASLB1), Property, Plant and
Equipment (ASLB5) and Revenue from
Exchange Transactions (ASLB3) are being
finalised for issuance for limited exposure1
among specified outside bodies and Council
Members. CASLB has also undertaken other
projects for the preparation of standards for local
bodies corresponding to IPSASs.
4.5 Accounting Standards for Governments
37. The Office of the Comptroller and Auditor
General of India constituted the Government
Accounting Standards Advisory Board (GASAB)
in August 2002 'in order to establish and
improve standards of governmental accounting
and financial reporting and enhance
accountability mechanisms for Union and the
State Government accounts'. The
recommendations made by GASAB will be
considered by the Central Government for
notification of the Standards to be adopted by
governments. Amongst others, ICAI and the
Reserve Bank are members of GASAB.
4.6 Accounting Standards for Business
Enterprises Governed by Specific Acts of
Parliament
38. Enterprises engaged in specified activities
like banking, insurance or rate-regulated entities
like electricity companies are governed by their
specific statutes or regulations. These statutes
or regulations, in general, set out the
presentation and disclosure norms and, in
specific cases, recognition and measurement
principles. These norms and principles have an
overriding effect over the norms and principles
set out in the Indian Accounting Standards.
These enterprises adopt Indian Accounting
Standards in the absence of specific
requirements or prescriptions under the statute
or regulations governing an enterprise.
Prescriptions under the statute or regulations
are aimed at making more meaningful
presentation of the financial information in the
context of the activities of the concerned
enterprise.
39. The banks in India, in addition to
complying with the requirements of Indian
Accounting Standards, are also required to adopt
specific norms for certain items, e.g., loan-loss
provisioning. The Reserve Bank has adopted the
core principles for effective banking supervision
ennunciated by the Basel Committee on Banking
Supervision (BCBS). BCBS has set out 25 core
principles (CPs) in September 1997 and revised
them substantially in October 2006. CP 22
relates to Accounting and Disclosures.
5. Divergences between BaselCommittee Norms and IFRS andthe Indian Position
40. There is a significant divergence between
the Basel Committee norms and the stipulations
under IFRSs. These are more pronounced in the
case of treatment of impairment of loans and
1 ‘Limited exposure’ is used when it is exposed to limited number of bodies – these are specified bodies. After commentsare received from these bodies, they are considered by the Board, modifications, if required, are carried out and thenthe draft is sent for general exposure.
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loan-loss provisioning. Attempts are being made
to achieve convergence between IASB and BCBS
on various contentious issues. However, AS30
corresponding to IAS39 has not yet been
implemented in India. A Group has been formed
by the Reserve Bank comprising members from
the Reserve Bank, ICAI and bankers under the
umbrella of Indian Banks’ Association to iron
out the differences and integrate the two
approaches for smooth implementation by
Indian banking system.
The insurance companies are required to
adopt specific norms on income recognition,
asset classification and provisioning as laid
down by IRDA guidelines on the issue.
Stipulations on insurance contracts as per the
laws applicable to insurance companies in India
and the one stipulated under IFRS4 on
Insurance Contracts also have divergences from
each other. Efforts have been initiated at ICAI
and IRDA to integrate the two approaches and
have a uniform standard. The ICAI has initiated
steps to lay down the Accounting Standards with
regard to insurance contracts.
6. Enforcing Compliance
6.1 The Companies Act
41. Companies governed by the Indian
Companies Act, 1956 are required, by Section
211, to comply with Accounting Standards while
preparing and presenting profit and loss account
and balance sheet. The Section further requires
that, in case of non-compliance, the company
concerned shall disclose, in its profit and loss
account and balance sheet, the deviation from
the accounting standard, the reasons for such
deviation, and the financial effect, if any, arising
due to such deviation. Failure to comply with
these requirements attracts fine upto Rs. 10,000
or imprisonment for a period up to six months
or both.
6.2 Listing Agreement
42. The CEOs and CFOs of the companies,
whose securities are listed on stock exchanges,
are required to certify that the financial
statements are in compliance with the
Accounting Standards.
6.3 Disciplinary Action2
43. Auditors of companies are required to
state whether, in their opinion, the profit and
loss account and balance sheet comply with the
accounting standards. This has been laid down
in Section 227(3) of the Companies Act. Default
by an auditor to report non-compliance invites
disciplinary action. ICAI has a very robust
system of dealing with complaints against
members and it also takes suo motu action based
on information relating to negligence or non-
compliance of the provisions of the Companies
Act and various other matters.
6.4 Financial Reporting Review Board
44. The Financial Reporting Review Board
(FRRB) of the Institute undertakes a suo motu
independent review of the published annual
reports of the listed companies and certain other
non-listed enterprises, as set out in the terms
of reference of the FRRB, or based on any media
reports and examines the same for any
shortcomings in terms of financial reporting –
compliance with the accounting standards,
disclosures by the companies and also the
adequacy of audit reports. Based on its findings,
the FRRB can file a complaint with the relevant
regulator, for example, SEBI, the Registrar of
Companies or the Disciplinary Committee of the
ICAI.
6.5 Peer Review Board
45. The Peer Review Board established by
ICAI, in April 2002 aims at improving/enhancing
the quality of service performed by members of
2 Disciplinary action comprises investigation, which is a detailed process and opportunity is given to the member toexplain the case. If found guilty, the punishment could range from reprimand to permanent removal of the name of themember from the list of members, depending on the nature of default.
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Chapter II
Assessment of Accounting Standards
ICAI, especially in relation to compliance with
the technical standards by a firm (Practice Unit).
In this process, the adequacy of the audit
procedures and documentation for specific
attest engagements are reviewed by the peer
reviewer and a report is filed with the Peer
Review Board. The peer review is repeated after
six months or so in case of Practise Units found
wanting/deficient in processes and
documentation for attest engagements. The
process of peer review has a persuasive
influence in improving the quality of
compliance with technical standards, including
Accounting Standards.
6.6 Quality Review Board
46. Although not directly concerned with the
enforcement of Accounting Standards, the
Quality Review Board, newly constituted in June
2007, will also have a persuasive influence and
will encourage reporting of non-compliance with
Accounting Standards. The Board will perform
the following functions:
(i) make recommendations to the Council
with regard to the quality of services
provided by the members of the Institute;
(ii) review the quality of services provided by
the members of the Institute including
audit services; and
(iii) guide the members of the Institute to
improve the quality of services and
adherence to various statutory and
regulatory requirements.
47. The Board has ten members, excluding
the Chairman. Five are nominated by the Central
Government and five by the Council of ICAI.
The Chairman to the Board is nominated by the
Central Government.
7. Status of Progress onRecommendations of Reports of2001 and 2004
7.1 Bridging Gap between Standards Issued
by IASC/IASB & ICAI
48. The process of formulation of Accounting
Standards commenced in India in 1977 but got
a momentum after the amendment of the
Indian Companies Act, 1956 [Section 211(3C)]
in 1998 which gave legal recognition to the
Accounting Standards. Prior to 1998, there was
no specific legal mechanism to enforce
compliance with Accounting Standards by the
enterprises although, through the
pronouncement of the ICAI, it was mandatory
for the auditors to report on non-compliance, if
any. The compliance with Accounting Standards
was mandated for listed companies through
Listing Agreements with Stock Exchanges by
SEBI.
49. The gap, as observed by the Advisory
Group-2001, has since been significantly
bridged. This is also recognised in the ROSC-
2004. There are Indian Accounting Standard/
Standards issued or in the process of
formulation, corresponding to all the relevant
International Accounting Standards or the
subjects are covered by guidance notes.
50. ICAI has so far issued 32 ASs. Recently, it
issued AS30, Financial Instruments: Recognition
and Measurement, AS31, Financial Instruments:
Presentation, AS32, Financial Instruments:
Disclosures corresponding to IAS39, IAS32 and
IFRS7, respectively. The Indian markets did not
and even at present do not have sophisticated
financial instruments as are referred to and
dealt with in the concerned IFRSs. It, therefore,
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has issued guidance notes that as and when a
particular type of financial instrument is
permitted, e.g., options and futures, then the
ASs would become applicable.
51. AS1 to 7 and AS9 to 29, formulated by
ICAI, have been notified by the Ministry of
Corporate Affairs, on December 7, 2006 to come
into effect in respect of accounting periods
commencing on or after the aforesaid date and
consequently, it is now obligatory for
companies, whether a private company or
public, listed on any stock exchange or not, to
adopt these Accounting Standards in
preparation and presentation of financial
statements. Some of the notified Standards
provide exemptions/relaxations to SMCs as
defined in the notification (Refer Appendix C
for the meaning of SMCs).
52. Banking companies, coming within the
purview of the Companies Act, are required to
follow the ASs in preparation and presentation
of their financial statements as per the
provisions of Section 211 of the Companies Act,
1956. For listed public sector banks, the stock
exchange Listing Agreements make applicability
of ASs mandatory.
53. The Reserve Bank requires banks, which
are not governed by the Companies Act, 1956,
to follow the ASs issued by ICAI in preparation
and presentation of financial statements
through binding circulars/guidelines. Similarly,
other regulatory bodies like IRDA also require
compliance with ASs issued by ICAI.
7.2 Reducing Areas of Departures from IAS/
IFRS
7.2.1 Reasons for Departures
54. IFRSs are adopted as a basis for formulation
of Indian standards and due consideration is
given to local customs, usage, practices, legal and
regulatory environment. Departures have
arisen:
● On account of local legal and regulatory
requirements – e.g. AS21 and IAS27,
Consolidated Financial Statements due
to definition of ‘control’ in terms of
Indian Companies Act, 1956; AS25 and
IAS34, Interim Financial Reporting
as regards requirement of disclosure
and presentation of interim statements.
● On account of local economic
environment – adoption of fair value –
various IFRSs are based on fair value
approach whereas markets in India were
not considered to have necessary depth
and breadth to provide reliable fair values
for measurement purpose of accounting.
● On account of conceptual differences –
There are few areas of conceptual
differences, e.g., recognition of provision
on the basis of constructive obligation in
IAS37, Provisions, Contingent Liabilities
and Contingent Assets. As per this IAS,
in case of restructuring, constructive
obligation arises when an enterprise has
detailed formal plan and the enterprise
has raised valid expectation to those
affected that it will carry out
restructuring. ICAI feels that on aforesaid
considerations, a liability does not
crystallise and if a provision is required
to be made on the aforesaid basis, it will
be recognised at an early stage. In view of
this aspect, AS29 does not specifically deal
with constructive obligation. However,
AS29 requires a provision to be created
in respect of obligations arising from
normal business practice, custom and a
desire to maintain good business relation
or act in an equitable manner. Hence, in
such cases, general criteria for recognition
of provision are required to be applied.
● On account of level of preparedness –
Accounting Standards in India, in general,
apply to non-corporate entities as also to
small and medium-sized enterprises.
Further, Indian economy is in the
developmental stage and, therefore, it
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Chapter II
Assessment of Accounting Standards
was felt that the economy was not at a
level that could have directly adopted
International Standards; implementation
of these Standards would have caused
serious challenges.
55. A statement containing major departures
in Indian Accounting Standards from the
corresponding IFRSs is given in Appendix E.
7.2.2 Steps taken to Reduce Departures
Differences on account of local, legal and
regulatory environment
56. India has gained experience in applying
Accounting Standards and as businesses are
globalising, the ASB has taken a decision to
include accounting treatments in accordance
with IFRSs in the corresponding Indian
Standards even though they may be inconsistent
with legal or regulatory requirements on the
basis that until the law is amended, the relevant
legal requirement would prevail. For example,
as per IAS32, redeemable preference shares,
based on their substance, may be considered as
a debt instrument instead of equity instrument.
In the Indian legal framework, the settled
position is to consider these as part of equity.
ICAI has decided to retain the IAS32 position in
AS31, Financial Instruments: Presentation,
corresponding to IAS32. However, it is
recognised in the standard itself that until the
law is amended, legal position will prevail over
the position set out in the AS.
Differences on account of local economic
environment
57. In the context of changing economic
environment, the ASB has now decided to adopt
fair value basis for valuation adopted in IAS39
in AS30, Financial Instruments:Recognition and
Measurement, corresponding to IAS39.
58. The development and growth of the
economy has led to more maturity and stability
in the Indian businesses, leading to an
enhancement of the ability of businesses to
absorb structural changes, e.g., accounting for
employee benefits, AS15, Employee Benefits,
(Revised 2005) is now generally in consonance
with the corresponding IAS19, despite
complexities in the recognition and
measurement requirements in relation to
employee benefits.
7.3 Mention of Deviation from IFRS and
Reason Therefor in AS
59. ICAI has started the practice of including
an Appendix in all new/revised Accounting
Standards which brings out major deviations, if
any, from the corresponding International
Standards (now IFRSs) and the reasons therefor.
7.4 Convergence with IFRSs
60. Although convergence with IFRSs has always
been the endeavour and changes made in ASs
are only minimal, recently, the Council of ICAI
considered whether there should be total
convergence with IFRSs, especially since more
than 105 countries in the world have either
adopted or permit the adoption of IFRSs in their
countries and many more are expected to follow
suit soon. The Council felt that convergence
with IFRSs is an important policy decision and
will significantly affect not only the status of
accounting discipline in the country but also its
economy. Therefore, it decided that before
taking any decision, it would be useful to
develop a concept paper laying down the
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strategy for convergence with IFRS. For this
purpose, the ASB constituted a Task Force for
developing a concept paper with the objective
of exploring the approach for achieving
convergence with the IFRSs and laying down a
road-map for achieving convergence with IFRSs,
with a view to make