Vikas Dhoot

New Delhi: Within four days of the controversial December 16 meeting of the 
Satyam Computer Services board, which approved the subsequently aborted plan to 
buy the two Maytas firms promoted by founder Ramalinga Raju's two sons, the 
ministry of company affairs ordered a probe by the Registrar of Companies (RoC) 
into the IT company's accounts. Though the probe's mandate expanded after 
Raju's confessions of fraud in the first week of January, the RoC wrapped up 
its probe by January 13. 

While foreign investors have become wary of India Inc's accounting practices, a 
much larger probe ordered by the ministry into levels of compliance with 
Accounting Standard (AS) 11 in November is yet to be complete. AS 11 requires 
firms to make mark-to-market provisions in their profit & loss accounts on 
account of fluctuations in foreign exchange rates. 

"The investigation is still on. We are looking at 30 companies," a senior 
government official said. The probe was ordered at the end of the second 
quarter results season as companies sought to limit the impact on their 
bottomlines of the rupee's slide against the US dollar in 2008. Though 
third-quarter results have now started pouring in, the probe clearly hasn't 
progressed at the speed of the Satyam case. 

The rupee slid from around Rs 40 to a dollar to around Rs 50 by September 2008, 
and closed at Rs 49.18 on January 20. Accounting for forex transactions on a 
mark-to-market basis was particularly painful for companies already seeing 
slowing business growth. So, in order to avoid AS 11 compliance, several firms 
sought refuge under a quaint clause (Schedule VI) of the 1956 Companies Act, 
which allows foreign exchange fluctuations to be adjusted in the cost of fixed 
assets, for which foreign currency loans were raised. 

While companies claimed to be doing this on the basis of sound legal advice, it 
essentially meant they were inflating profits. 

At the time, company affairs minister Prem Chand Gupta had told FE this was 
tantamount to window-dressing accounts, and ordered a probe by RoC's field 
offices. 

"Though there may be a seeming contradiction between AS 11 and Schedule VI, 
Section 211 of the Companies Act makes it very clear that companies are bound 
to follow AS 11. The AS takes precedence over Schedule VI," Gupta had said.

http://www.financialexpress.com:80/news/30-firms-under-ministrys-as-11-investigation/413305/

ekamber


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