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AI Drafter

Generate professional replies to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.

Step 1 – Issue Identification & Review

The AI analyses your query, notice, order, or uploaded documents and identifies the key issues involved.

• Review the issues identified by the AI
• Add, edit, remove, or refine issues as required


Step 2 – Draft Generation

Once you approve the issues, the AI performs issue-wise legal research and prepares a structured draft response.

• Relevant statutory provisions
• Judicial precedents and Supreme Court, High Court and other citations
• Issue-wise legal analysis
• Practical arguments and supporting content
• Professionally structured draft ready for further review.

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        Corp. Laws, SEBI & IBC

        Cases of Serious Fraud

        December 5, 2014

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        Discovery of commission of offences like Corporate Frauds is primarily through investigations on complaints.  There is already a separate agency under the Ministry of Corporate Affairs, the Serious Fraud Investigation Office (SFIO) to investigate corporate frauds.  It was set up through a Resolution dated  02.07.2003  to  investigate  corporate  frauds  of  serious  and   complex nature.  During the last three years and in the current year from 01.04.2014 to 30.11.2014 the Ministry, has ordered investigations through SFIO in respect of 167 companies for alleged corporate frauds.  Year-wise details are as under:

        Year

        No. of Companies

        2011-2012

        13

        2012-2013

        43

        2013-2014

        82

        2014-2015 (Till 15.11.2014)

        29

        The Ministry has also conducted inspection under section 209A of books of accounts and other records of National Spot Exchange Limited, Financial Technology India Limited and Multi Commodity Exchange India Limited to examine the alleged frauds committed at the Commodities Stock Exchange.

               Following steps have been taken by the Government in connection with investigation of corporate frauds:

         (i)   Enhanced disclosure norms under the Companies Act, 2013 so that investors get all relevant information from the companies;

         (ii)  “Fraud” has been defined under the Companies Act, 2013 for the first time as a substantive offence, and cover many dubious activities which were not specifically covered under the Companies Act, 1956;

         (iii) Serious Fraud Investigation Office (SFIO) has been granted statutory status with adequate powers under the Companies Act, 2013;

         (iv) Provisions for attachment and disgorgement of assets introduced under the Companies Act, 2013;

         (v)  Auditors’ accountability and independence enhanced through provisions which inter alia include rotation of auditors, etc.  This would improve objectivity of audit and provide better insights to the investors.

               No such Committee has been constituted by the Ministry.  However, for the purpose of speedy disposal of court cases, the respective Registrars of Companies are regularly monitoring the progress of court cases and are also interacting with the respective Chief Metropolitan Magistrates for speedy disposal of the cases.

         This was stated by Shri Arun Jaitley, Minister of Corporate Affairs in written reply to a question in the Lok Sabha today.

        Corporate fraud investigation strengthened by statutory SFIO powers and enhanced disclosure and asset-disgorgement framework Investigation of corporate frauds is channelled primarily through complaints-based probes and the Serious Fraud Investigation Office (SFIO), now statutorily empowered under the Companies Act, 2013. The Ministry has ordered SFIO investigations and conducted inspections of exchange entities under section 209A. Reforms include enhanced disclosure, a statutory definition of fraud, provisions for attachment and disgorgement of assets, and strengthened auditor accountability and independence to improve detection, investor information, and enforcement.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Corporate fraud investigation strengthened by statutory SFIO powers and enhanced disclosure and asset-disgorgement framework

                                Investigation of corporate frauds is channelled primarily through complaints-based probes and the Serious Fraud Investigation Office (SFIO), now statutorily empowered under the Companies Act, 2013. The Ministry has ordered SFIO investigations and conducted inspections of exchange entities under section 209A. Reforms include enhanced disclosure, a statutory definition of fraud, provisions for attachment and disgorgement of assets, and strengthened auditor accountability and independence to improve detection, investor information, and enforcement.





                                Note: It is a system-generated summary and is for quick reference only.

                                Topics

                                ActsIncome Tax
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