Methods of Accounting & Accounting Standards (Sec. 145)

Transcription

1 Tax Audit Methods of Accounting & Accounting Standards (Sec. 145) Sec. 145 (1) Sec. 145 (2) Sec. 145(3) Auditor's Duties Income chargeable under the head 'PGBP' or 'Other sources' shall, be computed In accordance with either cash or mercantile system of accounting regularly employed by the assessee. The C.G. may notify in the Official Gazette from time to time AS to be followed by any class of assessees or in respect of any class of income. Where the A.O. is not satisfied about the correctness or completeness of the accounts of the assessee, or where method of accounting provided u/s 145(1) or AS as notified u/s 145(2) have not been regularly followed by the assessee, The A.O. may make an assessment in a manner provided in Sec. 144 of the Income-tax Act. The Central Government has prescribed the following AS: AS I Disclosure of accounting policies. AS II Disclosure of Prior Period and Extraordinary Items and Changes in Accounting Policies. The above ASs are to be followed by all Assessee following mercantile system of accounting. Therefore, it is clear that those assessees who are following cash system of accounting need not follow the ASs notified above. To ensure compliance of section 145, the auditor has to ensure the following: The entity follows either the Cash or Accrual method of Accounting. Accounting Policies as required by AS (IT) -1 has been disclosed separately. Other provisions of AS 1 (IT) and AS (IT) -2 have been complied with. PREVIOUS YEARS QUESTIONS Question -1 As the tax auditor of a non-corporate entity u/s44ab of the Income-tax Act, 1961, how would you ensure compliance of section 145 of the Income-tax Act, 1961? [MAY 09 - NEW (8 MARKS)] Question -2 Discuss briefly Accounting standards to be followed by assessees under the Income-tax Law. [NOV NEW (4 MARKS)] BY CA SURENDRA AGRAWAL(M.com,LLB,ACA) PH Page 1

2 Question -3 A Co-operative Society having receipts above Rs.60 lakhs gets its accounts audited by a person eligible to do audit under Co-operative Societies Act, 1912, who is not a C.A. State with reasons whether such audit report can be furnished as tax audit report u/s 44AB of the Income-tax Act, 1961?[NOV NEW (3 MARKS) Proviso to Sec. 44AB lays down that where the accounts of an assessee are required to be audited by or under any other law it shall be sufficient compliance with the provisions of this section, if such person get the accounts of such organisation audited under such other law before the specified date and furnishes by that date, the report of the audit as required under such other law and a further report by an Accountant in the form prescribed under this section. In the case of any assessee like co-operative society where the accounts under the relevant law are allowed to be audited by a person other than a C.A., the statutory auditor need not be a C.A. Thus, it shall be sufficient compliance with the provisions of this section and can be considered under section 44AB. Question -4 Write a short note on - Method of Accounting in Form No. 3CD of Tax Audit. [MAY 07 (4 MARKS)] Question -5 Write a short note on - Accounting ratios in Form No. 3CD of Tax Audit. [NOV. 07 (4 MARKS)] Accounting Ratios in Form No. 3CD of Tax Audit: (a) Gross Profit/Turnover. (b) Net Profit/Turnover. (c) Stock in Trade/Turnover. (d) Material consumed/finished goods produced. These ratios have to be calculated only for assessees who are engaged in manufacturing or trading activities. This clause is not applicable to assessees carrying on profession. Moreover, the ratios have to be given for the business as a whole and need not be given product wise. Further the ratio mentioned in sub-clause (d) need not be given for trading concern. BY CA SURENDRA AGRAWAL(M.com,LLB,ACA) PH Page 2

3 Question -6 Answer the following : As the tax auditor of a Company, how would you report on payments exceeding Rs. 20,000 made in cash to a supplier against an invoice for expenses booked in an earlier year? [MAY 08 (5 MARKS)] Reporting of payments exceeding Rs. 20,000 in cash: Such reporting is required to be done while conducting the tax audit u/s 44AB of the Income Tax Act, 1961 in Form 3CD. The tax auditor shall have to report for clause 17(h) for the above as per the amended section 40A(3) of the Income Tax Act, In the instant case the invoice for expenses has been booked in an earlier year. However, since payment for the same is made during the current year by cash exceeding Rs. 20,000, the reporting thereof would be necessary in clause 17(h) of Form 3CD. The sub-clause (h) required furnishing of the amount inadmissible under section 40A(3) read with rule 6DD along with computation. The entire amount paid as above, is likely to be disallowed u/s 40A(3) of the Income Tax Act, Question -7 State whether a Tax audit report can be revised and if so state those circumstances. [NOV NEW (4 MARKS)] Revision of Tax audit Report Normally, the report of the tax auditor cannot be revised later. However, when the accounts are revised in the following circumstances, the tax Auditor may have to revise his Tax audit report also. (i) Revision of accounts of a company after it adoption in the annual general meeting. (ii) Change in law with retrospective effect. (iii) Change in interpretation of law (e.g.) CBDT Circular, Notifications, Judgments, etc. The Tax Auditor should state it is a revised Report, clearly specifying the reasons for such revision with a reference to the earlier report. Question -8 Discuss the reporting requirement in Form 3CD of Tax Audit Report under Section 44AB of the Income-tax Act, 1961 for the following: (a) Tax Deducted at Source (b) Expenditure incurred at the club. [nov old (8 marks)] Refer Clauses 27 and 17(d). BY CA SURENDRA AGRAWAL(M.com,LLB,ACA) PH Page 3

4 Question -8 State the reporting requirement regarding books of account (prescribed, maintained and examined) in Form No. 3CD of Tax Audit under Section 44AB of the Income Tax Act, [may 09 - old (8 marks)] Refer Clause 9. Question -10 ABC Printing Press, a proprietary concern, made a turnover of above Rs. 43 lacs for the year ended The Management explained its auditor Mr. Z, that it undertakes different job work orders from customers. The raw materials required for every job are dissimilar. It purchases the raw materials as per specification/requirements of each customer, and there is hardly any balance of raw materials remaining in the stock, except pending work-inprogress at the year end. Because of variety and complexity of materials, it is rather impossible to maintain a stock-register. Give your comments. [Nov new (5 marks)] The explanation of the entity for the use of varieties of raw materials for different jobs undertaken may be valid. But the auditor needs to verify the specified job-orders received and the different raw materials purchased for each job separately. The use of different papers (quality, quantity and size) ink, colour etc. may be examined. If possible, the auditor may also enquire with the other similar printers in the locality to ensure the prevailing custom. (i) At the same time, he has to report and certify under the Para 28(b) and Para 9(b of Form 3CD read with Rule 6G(2) of the Income Tax Rules, 1962, (ii) About the details of stock and account books (including stock register) maintained. (iii) He (or his deputy) must verify the closing stock of raw materials, work-in-progress and finished goods of the concern. In case the said details are not properly maintained, he has to specifically mention the same with reasons for non-maintenance of stock register by the entity. Question -11 Discuss the reporting requirements in Form 3CD of the Tax Audit Report U/S 44AB of the Income-tax Act, 1961 for the following: (i) Tax on distributed profits. [Nov old (4 marks ] (ii) Brought forward loss or depreciation allowance. [Nov old (4 marks Refer Clauses 29 and 25. Question -12 Mr. R, the Tax Auditor finds that some payments inadmissible under Section 40 A (3) were made, and advised the client to report the same in Form 3CD. The client contends that cash payments were made since the other parties insisted upon the same and did not have Bank Accounts. Comment. [Nov. 10- new (5 marks] BY CA SURENDRA AGRAWAL(M.com,LLB,ACA) PH Page 4

5 (i) Under clause 17(h) of Form 3CD, amounts inadmissible under section 40A(3), read with Rule 6DD, have to be reported. (ii) Cash payment made on insistence of other parties on the contention that they do not have bank accounts is not covered under the list of exceptions provided under Rule 6DD. Mr. R has to report the payments inadmissible under section 40A (3) under clause 17(h) of Form 3CD. Question -13 While conducting the tax audit of A & Co. you observed that it made an escalation claim to one of its customers but which was not accounted as income. What is your reporting responsibility? [MAY 11 (4 MARKS)] Clause 13(c) of Form 3 CD: A tax auditor has to report under clause 13(c) of Form 3CD on any escalation claim accepted during the previous year and not credited to the profit and loss account under clause 13(c) of Form 3CD. The escalation claim accepted during the year would normally mean "accepted during the relevant previous year." If such amount are not credited to Profit and Loss Account the fact should be reported. The system of accounting followed in respect of this particular item may also be brought out in appropriate cases. If the assessee is following cash basis of accounting with reference to this item, it should be clearly brought out since acceptance of claims during the relevant previous year without actual receipt has no significance in cases where cash method of accounting is followed. Escalation claims should normally arise pursuant to a contract (including contracts entered into in earlier years), if so permitted by the contract. Only those claims to which the other party has signified unconditional acceptance could constitute accepted claims. Mere making claims by the assessee or claims under negotiations cannot constitute accepted claims. After ascertaining the relevant factors as outlined above, a decision whether to report or not, can be taken. Question -14 As a tax auditor how would you deal and report the following: (i) An assessee has borrowed Rs. 50 Lakhs from various persons. Some of them by way of cash and some of them by way of Account payee cheque/draft. (ii) An assessee has paid rent to his brother Rs. 2,50,000 and paid interest to his sister Rs. 4,00,000. (iii) An assessee has incurred payments to clubs. [NOV. ll (3+2+2 MARKS)] BY CA SURENDRA AGRAWAL(M.com,LLB,ACA) PH Page 5

6 Reporting in Form 3CD: Borrowings: Clause 24(a) of Form 3CD requires the following particulars in respect of every borrowing exceeding specified amount: (i) Name, Address and PAN (if available with the assessee) of the lender or depositor. (ii) Amount of loan of deposit taken or accepted; (iii) Whether the loan or deposit was squared up during the PY; (iv) Maximum Amount outstanding in the account at any time during the year. (v) Whether the loan or deposit was taken or accepted otherwise than by an A/c payee Bank cheque or A/c payee bank draft. Particulars of any payment made to persons specified u/s 40 A(2)(b) Clause 18: (i) Amount paid as rent to brother of Rs. 2,50,000 and as interest to sister Rs. 4,00,000 need to be reported. (ii) He is not required to report any excessive or unreasonable amount. Expenditure incurred at club - Clause 17(d): Following need to be reported: (i) Amount paid as entrance fees and subscriptions; (ii) Amount incurred as cost for club services and facilities used; Question -15 T Ltd.'s previous year ended on 31st March During that period it made a claim for refund of customs duty which was admitted as due by the customs authorities during April T Ltd. neither credited the claim in the profit and loss account nor reported the same in clause 13(b) of Form 3CD for the reason that this has been admitted as due by the authorities only in the next financial year. Further T Ltd. had changed the method of determination of cost formula for the purpose of stock valuation from FIFO basis to Weighted Average Cost basis, but that was also not reflected in clause 11 (b) of Form 3CD which requires reporting on change in accounting method employed. Comment.[May 12 (6 Marks)] Reporting requirement of Claim of Custom Duty Refund and change in Accounting policy: As per Clause 13(b) of Form 3CD, the details of custom duty refund, if admitted as due but not reported in Profit and Loss account, are to be stated. But the claim which have been admitted as due after the relevant previous year need not be reported. Hence Non reporting of claim of refund of custom duty in Form 3CD is in order. Clause 11(b) of Form 3CD required reporting in case of change in method of accounting employed. But in the present case there is a change in accounting policy. Change in Accounting policy can not be treated as change in method of accounting, hence does not require any reporting under clause 11 (b) in Form 3CD. Hence non reporting of method of valuation in Form 3CD is in order. BY CA SURENDRA AGRAWAL(M.com,LLB,ACA) PH Page 6

7 Question -16 As an auditor of a partnership firm under section 44AB of the Income-tax Act, 1961, how would you report on the following : (i) Capital expenditure incurred for scientific research assets. (ii) Expenditure incurred at clubs. [Nov. 12 (4 Marks)] Refer clauses 15(d) and 17(d). Question -17 A public charitable trust earns 'income' of Rs. 10 lakhs from Unit Trust of India, which is not taxable under Section 10(33) of Income-tax Act, It spends Rs. 7 lakhs on its activities. The entire expenditure is vouched and is in accordance with the trust objects and is fully allowable as 'application'. As Auditor of the Trust, would you require the trust to make any provision for tax in its accounts? Tax audit of Public Trusts: Section 10(33) of the Income-tax Act, 1961 provides exemption in respect of income received in respect of units from UTI to all assessees including a public charitable trust. Hence, Rs. 10 lakhs received from UTI is not taxable income of the trust. The Income-tax Act, 1961 requires that for claiming full exemption by the trust, it is required to apply at least 85% of such income during the previous year for charitable or religious purposes. As per the facts given, the trust has applied only Rs. 7 lakhs i.e. 70% of its total income towards the trust objects and, thus, contravened the requirements of the Act. Yet the trust shall not be required to pay tax on its income because the income has been received on account of units, which in any case is fully exempt. Accordingly, the trust is not required to make any provisions for tax in the accounts. The fact that not spending Rs. 3 lakhs out of Rs. 10 lakhs, though contravening the requirement of spending at least 85% of "income" would, therefore, not attract tax. Hence, no tax provision is necessary. Question -18 Mr. P carries on the business of dealing and export of diamonds. For the year ended 31st March, 2011, you as the tax auditor, find that the entire exports are to another firm in U.S.A., which is owned by Mr. P's brother. Export Payments to a Relative: Clause 18 of Form 3CD, requires the tax auditor to specify particulars of payments made to persons specified u/s 40(A)(2)(b) of the Income Tax Act, Persons specified in the said section are relatives of an assessee and sister concerns, etc. In the instant case, however, Mr. P has not made any payments to his brother. On the contrary, he must have received payments from him against exports made and, thus, this clause would not be applicable to him. Mr. P will nonetheless be still as a part of his normal audit planning would be required to verify whether the exports are genuine, ie., whether the diamonds have been delivered by verifying the necessary delivery documents, relevant invoices, etc., BY CA SURENDRA AGRAWAL(M.com,LLB,ACA) PH Page 7

8 Question -19 the reasonableness of the price and whether the export realisations have been received. Mr. X deals in a commodity and purchase and sales of that commodity is ultimately settled otherwise than by the actual delivery. During the financial year he purchased the commodity worth Rs. 55 lakhs and sold the same commodity for Rs. 64 lakhs and the contract was settled otherwise than by the actual delivery. X seeks your advice whether he is liable for tax audit u/s 44AB of the Income Tax Act. Liability for Tax Audit in case of Speculative Transactions: Mr. X deals in commodity as a speculator. A speculative transaction means a transaction in which a contract for the purchase or sale of any commodity, including stocks and shares, is periodically or ultimately settled otherwise than by the actual delivery. As such, in such transaction the difference amount is 'turnover'. In the given case the difference of Rs. 64 lakhs and Rs. 55 lakhs ie., Rs.9 Lakhs is the turnover. In such transactions though the contract notes are issued for full value of the purchases or sales, but the entries in the books of account are made only for the differences. Conclusion: Mr. X is not liable for Tax audit u/s 44AB of the Income Tax Act, Question -20 A leading jewellery merchant used to value his inventory at cost on LTFO basis. However, for the current year, in view of requirements of AS-2, he changed over to FIFO method of valuation. The difference in value of stock amounted to Rs. 55 lakhs which is higher than that under the previous method. In such a situation, what arc the reporting responsibilities of a Tax Audit u/s 44AB of Income Tax Act, Reporting Requirement in case of change in valuation of stocks: Change in the method of valuation of stock is not a change in method of accounting, as it is only a change in accounting policy. However in the Income Tax Act, 1961 this is considered under method of accounting. Under the Income-Tax Act, 1961 if the change in method of valuation is bona fide, and is regularly and consistently adopted in the subsequent years as well, such change would be permitted to be made for tax purposes. In the instant case, the change in the valuation of stock from LIFO basis to FIFO basis is pursuant to mandatory requirements of the AS-2 'Valuation of Inventories'and therefore should be viewed as bona fide change. This apart, the tax auditor in his report has to specifically refer to the method of valuation of stock under Clause 12 in Form 3CD. Method of valuation of closing stock employed in the previous year. Details of deviation, if any, from the method of valuation prescribed u/s 145A and the effect t hereof on profit or loss. Question -21 BY CA SURENDRA AGRAWAL(M.com,LLB,ACA) PH Page 8

9 While writing the audit program for tax audit in respect of A Ltd, you wish to include possible instances of Capital Receipt if not credited to Profit & Loss Account which needs to be reported under Clause 13(e) of Form 3CD. Please elucidate possible instances. 4 Marks (May 2013) Amounts not credited to the P & L Account, being Capital Receipt, if any. Capital subsidy received from Govt Govt. grant in relation to FA Compensation received for not agreeing not to complete Question -22 Mr. A engaged in business as a Sole Proprietor presented the following information to you for the FY Turnover made during the year ` 124 Lakhs. Goods returned in respect of sales made during FY is ` 20 Lakhs not included in the above. Cash Discount allowed to his customers ` 1 lakh for prompt payment. Special Rebate allowed to customer in the nature of Trade Discount ` 5 Lakhs. Kindly advice him whether he has to get his account audited u/s 44AB of the Income Tax Act, 1961.(Nov-13) Turnover during the year 124 Less: Special Rebate to Customers in the nature of Trade discount (5) Less- good Returned (20) Net Turnover for the purpose of Sec. 44AB 99 Note: The following points merit consideration as stated in the Guidance note on Tax Audit issued by the Institute of Chartered Accountants of India- (i) Price of goods returned should be deducted from the figure of turnover even if the return are from the sales made in the earlier years. (ii) Cash discount otherwise than that allowed in a cash memo/sales invoice is in the nature of a financing charge and is not related to turnover. The same should not be deducted from the figure of turnover. (iii) Special rebate allowed to a customer can be deducted from the sales if it is in the nature of trade discount. BY CA SURENDRA AGRAWAL(M.com,LLB,ACA) PH Page 9