Veda Ltd., a listed company having headquarter in Delhi, is engaged in the production and supply of unique chemicals to various industries. To…
CA Final · Advanced Auditing, Assurance and Professional Ethics · MTP · May 2025
Veda Ltd., a listed company having headquarter in Delhi, is engaged in the production and supply of unique chemicals to various industries. To comply with environmental regulations, the company installed pollution control equipment to process and treat waste before its discharge. However, despite regulatory requirements, the company continued to violate pollution control laws regarding the disposal of industrial waste. To obtain the necessary environmental clearance certificate, the company resorted to unethical means. An amount of 43.85 lakhs was unlawfully spent to secure the clearance, which was then misrepresented in the financial records as an environmental compliance expense. This matter had not been brought to the attention of those charged with governance. However, during a periodic financial review, the Director of Finance, CA Rohan, discovered the irregularities. What actions should CA Rohan take in response to this situation, considering the applicable provisions of responses for NOCLAR (Non-Compliance with Laws and Regulations) under the Code of Ethics?
Suggested Answer and Working Notes:
In the given situation, Veda Ltd., a listed company, has installed pollution control equipment to process industrial waste and ensure compliance with environmental regulations. However, despite these measures, the company continues to violate pollution control laws regarding the disposal of industrial waste. To obtain an environmental clearance certificate, the company resorted to unethical means, unlawfully incurring - 43.85 lakhs, which was misrepresented in the financial records as an environmental compliance expense. CA Rohan, Director Finance, came to know about these matters on review of the same during the period. NOCLAR, under Code of Ethics, is applicable on professional accountants in service, and in practice. Among those in practice, it applies to Auditors, as well as professional services other than Audit. It is applicable to Senior Professional Accountants in service, being employees of listed entities. Senior professional accountants in service (“senior professional accountants") includes directors. NOCLAR takes into account non-compliance that causes substantial harm resulting in serious consequences in financial or non-financial terms. As per NOCLAR, in exceptional circumstances, the professional accountant might become aware of an imminent breach of a law or regulation that would cause substantial harm to investors, creditors, employees or the general public. Having first considered whether it would be appropriate to discuss the matter with management or those charged with governance of the company, the accountant shall exercise professional judgment and determine whether to disclose the matter immediately to an appropriate authority in order to prevent or mitigate the consequences of such imminent breach. If disclosure is made, that disclosure is permitted. CA Rohan, Director-Finance is expected of taking the following action/responses: Obtaining an understanding of the Matter.Addressing the matter.Seeking advice.Determining whether further action is needed.Determining whether to disclose the matter to an Appropriate Authority.Imminent breach.Documentation. By following these steps, CA Rohan can ensure ethical compliance while upholding professional integrity under the NOCLAR framework.
Topics: Professional Ethics & Liabilities of Auditors
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