{"id":30279,"date":"2020-04-03T19:15:35","date_gmt":"2020-04-03T13:45:35","guid":{"rendered":"https:\/\/enterslice.com\/learning\/?p=30279"},"modified":"2020-11-19T16:47:17","modified_gmt":"2020-11-19T11:17:17","slug":"all-about-forensic-audit-of-a-company-in-india","status":"publish","type":"post","link":"https:\/\/enterslice.com\/learning\/all-about-forensic-audit-of-a-company-in-india\/","title":{"rendered":"All about Forensic Audit of a Company in India"},"content":{"rendered":"<p class=\"has-drop-cap\">In today&rsquo;s world, increasing white-collar crimes has led to the need for\nbringing in the forensics to save a business from any mishap. Crimes that are\ntaking place using deceptive practices for financial gains are often tricky to\nprosecute, as the executioner takes sophisticated and calculated steps to\nensure that their illegal activities are difficult to detect.<\/p>\n\n\n\n<p>With the introduction of the definition of fraud in the Companies Act 2013, the concept of <strong>Forensic Audit in India<\/strong> as a practice and methodology has gained colossal importance and relevance in addition to the regular auditing techniques already in place.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">What is a Forensic Audit in\nIndia?<\/h2>\n\n\n\n<p>A forensic audit is the <strong><em>inspection of a company&rsquo;s financial records<\/em><\/strong> to gather evidence for use in legal proceedings regarding any <a class=\"glossaryLink\"  aria-describedby=\"tt\"  data-cmtooltip=\"&lt;div class=glossaryItemTitle&gt;Accounting&lt;\/div&gt;&lt;div class=glossaryItemBody&gt;Accounting is the language of business, serving as the backbone of financial management and decision-making. It involves the systematic recording, analysis, and reporting of financial(...)&lt;\/div&gt;\"  href=\"https:\/\/enterslice.com\/learning\/terms\/accounting\/\"  data-gt-translate-attributes='[{\"attribute\":\"data-cmtooltip\", \"format\":\"html\"}]'>accounting<\/a> frauds. The corporate veil is lifted while identifying the fraud and the persons involved. Audit skills have to be applied to determine legally if fraud has taken place. The steps of an investigation process include planning, review, and a report. In the planning stage, objectives such as &ndash; identification of fraud committed, since when is the scam happening, who is involved, how much is the financial loss, fraud prevention measures, etc. are set. <\/p>\n\n\n\n<p>Audit Engagement is one of the\nessential blueprints to be designed with the help of business owners and Audit\nExperts. It helps in finding the key areas which need to be focused and further\nwork for excellent results. However, the forensic auditing is not the same as\nfinancial audit or secretarial audit; in aspects of objective and procedure as\nboth differ long way. To support the success of the Indian economy on the global\nplatform under the realm of good governance, transparency, accountability, and\nuprightness, the Forensic Audit has become the main indulgence in the corporate\nworld.<\/p>\n\n\n\n<p>Forensic audit in India extensively\nhas a crucial role in supporting the business enterprise for concentrating on\nefficiency. On the larger parameters, Forensic audit as tool-mix of accounting\nand investigation is serving all the five E&rsquo;s of good governance and make the\ncorporates to grow and develop on the parameters of being Effective, Efficient,\nEasy, Empower, and Equity.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Who can\nconduct Forensic Audit?<\/h2>\n\n\n\n<p>Forensic auditors do not differ from\nother legal professionals; They investigate accounting and different reliable\nsettings by combining their knowledge of accounts, law, finance, and investigating\nskills to find evidence of corruption or financial crimes. The professional\ngoes beyond looking into the financial statements, which includes examination\nand investigation, bringing out evidence, writing reports, understanding the\nlegal scope of the evidence, and ways to prove it in court. Starting from\ncollecting evidence to examining the shreds of evidence, later zeroing the\nculprit behind the fraud to appearing in the court for submitted the testimony,\na forensic auditor plays a vital role as a part of his responsibility. <\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Process\nof conducting Forensic Audit<\/h2>\n\n\n\n<div class=\"wp-block-image\"><figure class=\"aligncenter\"><img decoding=\"async\" loading=\"lazy\" width=\"517\" height=\"341\" src=\"https:\/\/enterslice.com\/learning\/wp-content\/uploads\/2020\/04\/Untitled.png\" alt=\"Forensic Audit\" class=\"wp-image-30281\" srcset=\"https:\/\/enterslice.com\/learning\/wp-content\/uploads\/2020\/04\/Untitled.png 517w, https:\/\/enterslice.com\/learning\/wp-content\/uploads\/2020\/04\/Untitled-300x198.png 300w\" sizes=\"(max-width: 517px) 100vw, 517px\"\/><\/figure><\/div>\n\n\n\n<p>The\nevidence gathered is in a manner that is usable in court. A report is then\nproduced with the findings of the investigation. Such findings may also be\npresented in court. Process of conducting a forensic audit is outlined below:<a><\/a><\/p>\n\n\n\n<div class=\"read\"><p><b>Read More:<\/b> <mark><a href=\"https:\/\/enterslice.com\/learning\/an-overview-of-forensic-technology-services\/\" target=\"_blank\" rel=\"noopener noreferrer\">An Overview of Forensic Technology Services<\/a><\/mark>.<\/p><\/div>\n\n\n\n<h2 class=\"wp-block-heading\">Understanding\nForensic Audit in India Through Nirav Modi Scam <\/h2>\n\n\n\n<p>Forensic reports deliver findings and recommendations of the forensic investigation conducted. Details regarding the causes, circumstances, illegal or potentially fraudulent activities. The Forensic audit was used wisely and significantly to reach the core of the fraudulent transaction. We will understand with the help of <strong><a href=\"https:\/\/en.wikipedia.org\/wiki\/Nirav_Modi\">Nirav Modi<\/a><\/strong> and Punjab National Bank Scam. (A detailed analysis)<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">How did the scam begin? <\/h3>\n\n\n\n<ul><li>In\n2011, LOU (Letter of undertaking) was opened at the Mumbai branch of PNB Punjab\nNational Bank) by the Nirav Modi Group- with an LOU, a bank can agree to repay\nthe principal and interest on a loan by its client, without any conditions.<\/li><li>Two\nemployees of PNB used SWIFT to raise money and move funds out of the bank by\nbypassing CBS (Core Banking Solution). <\/li><li>The\nsoftware system named FINACLE was misused to issue overseas credit as these\nwere issued without authorizing into the bank&rsquo;s CBS <\/li><li>Fake\nLOUs were issued by the employees on which loans were given to PNB by foreign\nbranches of Axis Bank and Allahabad bank.<\/li><li>PNB&rsquo;s\nNostro accounts were fund by these foreign currency loans, which were moved to\noverseas parties.<\/li><li>The\nSWIFT network was misused, and the bank&rsquo;s management was kept in the dark\nregarding such transactions for a long time. <\/li><li>The\nfraud was eight times the bank&rsquo;s 2016-17 profit of &#8377; 1325 Cr. and one-third of PNB&rsquo;s\n<a class=\"glossaryLink\"  aria-describedby=\"tt\"  data-cmtooltip=\"&lt;div class=glossaryItemTitle&gt;Market&lt;\/div&gt;&lt;div class=glossaryItemBody&gt;A market is a structured environment, either physical or virtual, where buyers and sellers convene to trade goods and services. This trading hub operates based on the principles of supply and(...)&lt;\/div&gt;\"  href=\"https:\/\/enterslice.com\/learning\/terms\/market\/\"  data-gt-translate-attributes='[{\"attribute\":\"data-cmtooltip\", \"format\":\"html\"}]'>market<\/a> capital of &#8377;\n35300 Cr. <\/li><li>Similar\nmodus operandi was seen in Mehul Choksi&rsquo;s companies while issuing LOUs\/LCs.\nTransactions were initially rooted via CBS but subsequently changed by\nincreasing the amount transmitted through SWIFT without reporting through the\nCBS. <\/li><\/ul>\n\n\n\n<h3 class=\"wp-block-heading\">What happened further after the\nFraud was detected?<\/h3>\n\n\n\n<p><strong><em>The present findings of the investigation are-<\/em><\/strong><\/p>\n\n\n\n<ul><li>On 16th January 2018, Diamond R US, M\/s Solar Exports and M\/s Stellar Diamonds approached Punjab National Bank requesting for LOUs to pay their overseas suppliers. <\/li><li>When the bank demanded their cash margin, suspicion on the issuance of fraudulent LOUs in the past came into light as no such records were found. <\/li><li>PNB reached out to the CBI to file a complaint on 29th January 2018, alleging that Nirav Modi, Ami Modi, Nishal Modi and Mehul Choksi, partners of the said firms have colluded with two bank officials and cheated PNB thereby causing a wrongful loss.<\/li><li>The complaint stated that at the Brady House branch of PNB, two employees, Gokulnath Shetty, retired Deputy Manager and another bank official Manoj Kharat issued fraudulent LOUs to the overseas creditors on behalf of the said firms. <\/li><li>The FIR filed by CBI state that, &ldquo;The public servants committed an abuse of official position to cause pecuniary advantage to Diamonds R US, Solar Exports and Stellar Diamonds and wrongful loss of Rs 280.70 crore to PNB during 2017.&rdquo; <\/li><li>As on 18th May 2018, it was found that the <strong>scam involved &#8377;14,356.84<\/strong> crores (US$2.1 billion) and Nirav Modi is said to be in hiding. <\/li><li>The CBI approached the Interpol to issue a Red Corner Notice against the accused on <strong>13th June 2018<\/strong>. <\/li><li>The government dismissed Usha Ananth Subramanian as she was the MD of PNB between August 2015 and May 2017 and had also been its executive director. She was granted bail by Special CBI court on a surety bond of rupees one lakh. <\/li><li>One of the accused in the fraud, Nitin Shahi filed an application on 7th September in special CBI court to book PNB also as an accused in the case as there is prima facie evidence against the bank. <\/li><li>An asset appropriation case was registered by the CBI against Gokulnath Shetty, retired deputy manager of PNB for allegedly amassing 200% more wealth than the recognized income sources.<\/li><\/ul>\n\n\n\n<h3 class=\"wp-block-heading\">How the scam could have been avoided<\/h3>\n\n\n\n<ul><li>Implementation\nof blockchain technology for accounting and transactions may help in the\ndetection and prevention of frauds. It records the movement of an asset and\ntracks its journey from point-to-point. <\/li><li>Full\nintegration and reconciliation of SWIFT transactions with the core banking\nsolution software<\/li><li>Following\nthe general practices of banking companies or Companies Act. For example, the\nrotation of employees of banks every three years.<\/li><li>There\nshould be a regular review of the critical systems and processes by the banks\nand following ethical banking practices.<\/li><li>Regular\ndisclosures to SEBI, RBI and other regulatory entities and All LOUs should be\nmandatorily SWIFT-CBS linked<\/li><li>The\naudit reports should be disclosed on time to the government auditors and have\nto be regularly examined by RBI. <\/li><li>The\nbank staff should be trained on new and upgraded techniques of banking with\nawareness on the possible ways of banking frauds<\/li><li>Any\nsuspicious entries that may or may not be frauds should be flagged so that\nproper authorities can pay attention and an enquiry can be conducted. <\/li><\/ul>\n\n\n\n<h2 class=\"wp-block-heading\">Regulatory\nViewpoint on Forensic Audit<\/h2>\n\n\n\n<p>The Reserve Bank of India has looked\nupon the deteriorating quality of assets and contrived forensic audit\nobligatory for large advances and re-structuring of accounts. The Enforcement\nDirectorate (ED) and the Serious Fraud Investigation Office (SFIO) also stress\nupon the need for forensic audit pertaining to the rise in money laundering and\nwillful default cases that is bothering the banking system. <\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Conclusion<\/h3>\n\n\n\n<br><div class=\"shadow1\">Forensic Audit in India is still\nunaccustomed and yet to be experienced on a large scale. It provides a clear\nunderstanding of the financial position along with the connection of the\ncommunications related to that and discovering any serious frauds, which is\nunusual for the business culture. With the alarming situations of Money\nLaundering cases, the Forensic Audit is the need of the hour. It is to be said\nthat, to find the main culprit, one should get to the basics of the\ninvestigations. We are not surprised by the given fact how the incidence of\ncorporate fraud is on the rise. But other spaces too are exposed to fraud,\nwhich is why the scope and need of forensic auditing are getting wider. <\/div>\n\n\n\n<div class=\"read\"><p><b>Also, Read:<\/b> <mark><a href=\"https:\/\/enterslice.com\/fraud-and-misconduct-investigation\" target=\"_blank\" rel=\"noopener noreferrer\">USE of <a class=\"glossaryLink\"  aria-describedby=\"tt\"  data-cmtooltip=\"&lt;div class=glossaryItemTitle&gt;Artificial Intelligence&lt;\/div&gt;&lt;div class=glossaryItemBody&gt;Artificial Intelligence, often abbreviated as AI, is a transformative technology that has captured the imagination of scientists, engineers, and visionaries for decades. In this comprehensive(...)&lt;\/div&gt;\"  href=\"https:\/\/enterslice.com\/learning\/terms\/artificial-intelligence\/\"  data-gt-translate-attributes='[{\"attribute\":\"data-cmtooltip\", \"format\":\"html\"}]'>Artificial intelligence<\/a> in Fraud, Misconduct Investigations<\/a><\/mark>.<\/p><\/div>\n","protected":false},"excerpt":{"rendered":"<p>In today&rsquo;s world, increasing white-collar crimes has led to the need for bringing in the forensics to save a business from any mishap. Crimes that are taking place using deceptive practices for financial gains are often tricky to prosecute, as the executioner takes sophisticated and calculated steps to ensure that their illegal activities are difficult [&hellip;]<\/p>\n","protected":false},"author":40,"featured_media":30319,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[11,1329],"tags":[2876],"acf":{"service_id":"215"},"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v14.6.1 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>All about Forensic Audit of a Company in India - Enterslice<\/title>\n<meta name=\"description\" content=\"A forensic audit is the inspection of a company&#039;s financial records to gather evidence for use in legal proceedings regarding any accounting frauds.\" \/>\n<meta name=\"robots\" content=\"index, follow\" \/>\n<meta name=\"googlebot\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<meta name=\"bingbot\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/enterslice.com\/learning\/all-about-forensic-audit-of-a-company-in-india\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"All about Forensic Audit of a Company in India - Enterslice\" \/>\n<meta property=\"og:description\" content=\"A forensic audit is the inspection of a company&#039;s financial records to gather evidence for use in legal proceedings regarding any accounting frauds.\" \/>\n<meta property=\"og:url\" content=\"https:\/\/enterslice.com\/learning\/all-about-forensic-audit-of-a-company-in-india\/\" \/>\n<meta property=\"og:site_name\" content=\"Enterslice\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/enterslice\" \/>\n<meta property=\"article:published_time\" content=\"2020-04-03T13:45:35+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2020-11-19T11:17:17+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/enterslice.com\/learning\/wp-content\/uploads\/2020\/04\/All-about-Forensic-Audit-of-a-Company-in-India.jpg\" \/>\n\t<meta property=\"og:image:width\" content=\"670\" \/>\n\t<meta property=\"og:image:height\" content=\"352\" \/>\n<meta name=\"twitter:card\" content=\"summary\" \/>\n<meta name=\"twitter:creator\" content=\"@enterslice\" \/>\n<meta name=\"twitter:site\" content=\"@enterslice\" \/>\n<!-- \/ Yoast SEO plugin. -->","authorName":"Ramanan Murali","authorImageUrl":"https:\/\/enterslice.com\/learning\/wp-content\/uploads\/2020\/03\/Image.jpeg","authorDescription":"Ramanan Murali is an innovative and industrious Legal professional, having a keen interest in the matters related to the Corporate Law. He is well-indulged in registration and compliance matters of NBFCs with the Reserve Bank of India. As a legal professional, he is zealous about analysing and understanding the actualities of White-Collar Crimes, Corporate Functioning and Indian financial sector.","postViews":584,"readingTime":5,"nextPost":{"id":30325,"slug":"review-of-financial-creditors-under-ibc"},"prevPost":{"id":30292,"slug":"complete-synopsis-on-gst-refund-of-unutilised-input-tax-credit"},"featuredMediaUrl":"https:\/\/enterslice.com\/learning\/wp-content\/uploads\/2020\/04\/All-about-Forensic-Audit-of-a-Company-in-India.jpg","postTerms":"CFO Service","_links":{"self":[{"href":"https:\/\/enterslice.com\/learning\/wp-json\/wp\/v2\/posts\/30279"}],"collection":[{"href":"https:\/\/enterslice.com\/learning\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/enterslice.com\/learning\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/enterslice.com\/learning\/wp-json\/wp\/v2\/users\/40"}],"replies":[{"embeddable":true,"href":"https:\/\/enterslice.com\/learning\/wp-json\/wp\/v2\/comments?post=30279"}],"version-history":[{"count":0,"href":"https:\/\/enterslice.com\/learning\/wp-json\/wp\/v2\/posts\/30279\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/enterslice.com\/learning\/wp-json\/wp\/v2\/media\/30319"}],"wp:attachment":[{"href":"https:\/\/enterslice.com\/learning\/wp-json\/wp\/v2\/media?parent=30279"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/enterslice.com\/learning\/wp-json\/wp\/v2\/categories?post=30279"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/enterslice.com\/learning\/wp-json\/wp\/v2\/tags?post=30279"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}