Paper - 2: Auditing Questions: Accounting Treatment of The Above Receipt of Rs. 50 Lacs?
Paper - 2: Auditing Questions: Accounting Treatment of The Above Receipt of Rs. 50 Lacs?
QUESTIONS
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he has been offered not to carry out such full audit as he has done in the past. Y
accepted the suggestions of the directors.
(d) While conducting the audit of a limited company for the year ended 31 st March,
2009, the auditor wanted to refer to the Minute Books. The Board of Directors
refused to show the Minute Books to the auditor.
19. As on Auditor, comment on the following:
(a) Sri Limited is a manufacturing company engaged in manufacture of cement. It had
three plants already commissioned in its site at Chennai. The company expanded
its plant capacity by contracting with a supplier for the purchase and installation of
one additional plant. The project was commenced on 1.7.2008 and the new plant
commenced commercial operations on 1.1.2009. The new plant was capitalized and
shown as Fixed asset as on 31.3.2009 at cost which included, besides other things,
the following:
(i) Contract price of plant and equipment and installation costs
(ii) Interest due for the period till 31.3.2009 for the term loan taken from scheduled
bank for financing the project which is repayable over five years commencing
from 1.7.2009.
(iii) Salaries, welfare expenses of the plant engineers of the company for the
period from 1.7.2008 to 31.12.2008 who supervised the contract work.
(b) The Investments of ABC Limited includes 5,000 equity shares of Rs. 100 each in
Amudhan Bank Limited. Amudhan Bank Ltd. declared 20% dividend for the year
ended 31.3.2009 at its General Meeting held on 30.6.2009. ABC Limited finalised its
accounts for the year ended 31.3.2009 on 30.8.2009 and it includes Rs. 1,00,000
being the amount of dividend received by it from Amudhan Bank Ltd. in its other
income subsequent to its Balance Sheet date before approval by the Board of
Directors.
(c) AS Limited purchased on 1.4.2009 a machinery from a foreign country at a price of
$ 1, 50,000 upon terms of credit that the price should be settled within six months
from the date of purchase. The company capitalised the Asset and created Liability
for the capital goods converting the foreign currency liability to Indian Rupees at a
rate of exchange prevailing as on 1.4.2009. When the company settled the liability
on 18.7.2009, it had to incur an additional amount of Rs. 6, 75,000 due to change in
foreign exchange rate on the date of settlement. It added this additional amount of
exchange variation in the capital cost of the asset and charged depreciation upon
the enhanced amount of asset value from 18.7.2009.
20. State briefly how you will verify the following:
(a) Building
(b) Bank Balances
(c) Bills Payable
(d) Borrowing from Banks
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SUGGESTED ANSWERS/HINTS
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(e) Section 224A: Special resolution as required under this section should be duly
passed.
(f) Section 224(1B): Before any appointment or reappointment of auditors is made at
an annual general meeting, a written certificate is to be obtained from the auditor
proposed to be appointed that his appointment will be in accordance with the limits
specified in Section 224(1B).
(g) The incoming auditor should also satisfy himself that the notice provided for under
Sections 224 and 225 has been effectively served on the outgoing auditor.
3. Context: According to Section 231 of the Companies Act, 1956 the auditors of a
company are eligible and entitled to attend any general meeting of the company and
not only those meetings at which the accounts audited by them are to be presented
and discussed. However, it is not mandatory for the auditor to attend such meetings.
Conclusion: In the instant case, the board of directors of Secret Ltd., have no right
to restrict Mr. Buddha from attending the general meeting and Mr. Buddha has every
right to attend such meeting as conferred by Section 231. Thus, the action of the
board of directors is contrary to the provisions of law and curtails the right of the
auditor.
4. Leasing companies
(i) Relevant provisions of the Companies Act, 1956 any other governing legislation and
directions, etc, if any, issued by the relevant authority.
(ii) Relevant provisions of the Memorandum and Articles of Association.
(iii) List of books of account, registers and memoranda records.
(iv) Minutes of the board meetings.
(v) Existence of internal control procedure to ascertain the credit analysis of lessee, like
lessee’s ability to meet the commitment under lease, past credit record, capital
strength, availability of collateral security etc.
(vi) Clauses of the lease agreement with reference to following points:
The description of the lessor, the lessee, the equipment and the location where
the equipment is to be installed. (The stipulation that the equipment shall not be
removed from the described location except for repairs. For the sake of
identification, the lessor may also require plates or markings to be attached to
the equipment.)
The amount to tenure of lease dates of payment, late charges, deposits or
advances etc. should be noted.
Whether the equipment shall be returned to the lessor on termination of the
agreement and the cost shall be borne by the lessee.
Whether the agreement prohibits the lessee from assigning the subletting the
equipment and authorises the lessor to do so.
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Terms and conditions of lease proposal form submitted by the lessee
requesting the lessor to provide on lease the equipment.
Contents of invoice and its custody aspects since lease is a long-term contract.
Acceptance letter obtained from the lessee indicating that the equipment has
been received in order and is acceptable to the lessee.
Board resolution authorising a particular director to execute the lease
agreement
Copies of the insurance policies been obtained by the lessor for his records.
List of clients from which lease rents are overdue, reconciliation statements and
confirmation of balances.
Adequacy of the amount of provisions for bad and doubtful debts with reference
to recovery of payments, litigation, subsequent realisations etc.
Proper accounting treatment in case the assets have either been repossessed
or given on lease.
Nature of lease agreement as to whether it is a finance lease or operating lease
and accounting treatment in either of the case.
5. Basic Principles Governing an Audit: SA 200 states the basic principles which
govern the auditor's professional responsibilities and which should be complied with
during audit. Following are the basic principles:
(i) Integrity, Objectivity and Independence: The auditor should be honest,
straightforward and sincere in his approach to his professional work. He must be fair
and must not allow prejudice or bias to override his objectivity. He should maintain
an impartial attitude and both be and appear to be free of any interest which might
be regarded, whatever its actual effect, as being incompatible with integrity and
objectivity.
(ii) Confidentiality: The auditor should respect the confidentiality of information
acquired in the course of his work and should not disclose any such information to
third party without specific authority or unless there is a legal or professional duty to
disclose.
(iii) Skills and Competence: The audit should be performed and the report should be
prepared with due professional care by persons who have adequate training,
experience and competence in auditing.
(iv) Work performed by others: When the auditor delegates work to assistants or used
work performed by other auditor and experts, he will continue to be responsible for
forming and expressing his opinion on the financial statements. The auditor should
carefully direct, supervise and review work delegated to assistants. The auditor
should obtain reasonable assurance that work performed by other auditor or experts
is adequate for his purpose.
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(v) Documentation: The auditor should document matters which are important in
providing evidence that the audit was carried out in accordance with the basic
principles.
(vi) Planning: The auditor should plan his work to enable him to conduct an effective
audit in an efficient and timely manner. Plans should be based on a knowledge of
the client’s business.
(vii) Audit Evidence: The auditor should obtain sufficient audit evidence through the
performance of compliance and substantive procedures to enable him to draw
reasonable conclusions therefrom on which to base his opinion on the financial
information.
(viii) Accounting System and Internal Control: The auditor should reasonably assure
himself that the accounting system is adequate and that are the accounting
information which should be recorded has in fact been recorded and internal control
normally contributes to such assurance .
(ix) Audit conclusion and reporting: The auditor should review and assess the
conclusions drawn from the audit evidence obtained and from his knowledge of
business of the entity as the basis for the expression of his opinion on the financial
information.
6. Audit of grant fund of a college :
1. The auditor should obtain the basic documents about the constitution of the college,
objectives of the trust, rules of college etc.
2. The government policy on grant should be checked with the relevant application,
brochure, and sanction advices.
3. The conditions stipulated in award of grant should be studied.
4. The receipt of grant should be vouched with bank statement.
5. The budgeted heads of expenses for the project and actual utilization of the fund
should be checked.
6. The purchase of capital items covered within the project should be correctly
capitalized. The same should be properly and distinctly shown in the balance sheet
of the college. The cost of the asset should be adjusted for the grant amount.
7. The expenses of revenue nature incurred from and out of grant in the form of
salaries to field staff, materials purchased, traveling, survey and field work
expenses and analysis and preparation of reports etc should be vouched with the
relevant vouchers.
7. Statutory Auditor versus Internal Auditor :
STATUTORY AUDITOR INTERNAL AUDITOR
1. The extent of the work undertaken The extent of the work undertaken by the
by statutory auditor arises from the internal auditor is determined by the
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responsibility placed on him by the management.
statutes.
2. The approach of this auditor is The approach of this auditor is with a view
governed by his statutory duty to to satisfy that the accounting system is
satisfy himself that the accounts to efficient, so that the accounting information
be presented to the shareholder presented to the management is accurate
show a true and fair view of the and discloses material facts.
financial position.
3. This auditor is responsible directly This auditor is responsible to management.
to the shareholder.
4. External auditor is not the employee Internal auditor is an employee of the
of the company so he has company. So he can not enjoy
independent status. independence that statutory auditor has.
8. (a) Research and Development Expenses
(i) Ascertain the nature of research and development work at the outset and
enquire whether separate Research and Development Department exists.
(ii) See allocation of expenses under revenue and deferred revenue. Ensure that
expenses which are routine development expenses are charged to Profit and
Loss Account.
(iii) Check whether the concerned research activity is authorised by the Board and
has relevance to the objectives of the company.
(iv) Examine that generally research expenses for developing products or for
inventing a new product are treated as deferred revenue expenditure to be
written off over a period of three to five years, if successful. In case it is
established that the research effort is not going to succeed, the entire
expenses incurred should be written off to the profit and loss account.
(v) Ensure that if any machinery and equipment have been bought specially for
the purpose of research activity, the cost thereof, less the residual value
should be appropriately debited to the Research and Development Account
over the years of research.
(b) Recovery of Bad Debts written off
(i) Ascertain the total amount of bad debts.
(ii) Ensure that all recoveries of bad debts have been properly recorded in the
books of account.
(iii) Examine notification from the Court or from bankruptcy trustee, letters from
collecting agencies or from debtors should also be seen.
(iv) Check Credit Manager’s file for the amount received and see that the said
amount has been deposited into the bank promptly.
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(c) Goods sent out on sale or return basis
(i) Check whether a separate memoranda record of goods sent out on sale or
return basis is maintained. The party accounts are debited only after the
goods have been sold and the sales account is credited.
(ii) See that price of such goods is unloaded from the sales account and the
debtor’s record. Refer to the memoranda record to confirm that on the receipt
of acceptance from each party, his account has been debited and the sales
account correspondingly credited.
(iii) Ensure that the goods in respect of which the period of approval has expired at
the close of the year either have been received back subsequently or
customers’ accounts have been debited.
(iv) Confirm that the stock of goods sent out on approval, the period of approval in
respect of which had not expired till the close of the year lying with the party,
has been included in the closing stock.
(d) Borrowing from Banks: Borrowing from banks may be either in the form of
overdraft limits or term loans. In each case, the borrowings should be verified as
follows:
(i) Reconcile the balances in the overdraft or loan account with that shown in the
pass book(s) and confirm the last mentioned balance by obtaining a certificate
from the bank showing the balance in the accounts as at the end of the year.
(ii) Obtain a certificate from the bank showing particulars of securities deposited
with the bank as security for the loans or of the charge created on an asset or
assets of the concern and confirm that the same has been correctly disclosed
and duly registered with Registrar of Companies and recorded in the Register
of charges.
(iii) Verify the authority under which the loan or draft has been raised. In the case
of a company, only the Board of Directors is authorised to raise a loan or
borrow from a bank.
(iv) Confirm, in the case of a company, that the restraint contained in Section 293
of the Companies Act, 1956 as regards the maximum amount of loan that the
company can raise has not been contravened.
Ascertain the purpose for which loan has been raised and the manner in which it
has been utilised and that this has not prejudicially affected the entity.
9. Accounting treatment of Government Grants: As per AS 12 “Accounting for
Government Grants”, accounting treatment of any grants or subsidy depends on
nature of grants or receipts. Grants related to specific fixed assets are government
grants whose primary condition is that an enterprise qualifying for them should
purchase, construct or otherwise acquire such assets. There are two method of
accounting. Under one method, the grant is shown as a deduction from the gross
value of the assets concerned in arriving at its book value. Depreciation is charged
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on reduced value of fixed assets. Under other method, grants related to depreciable
assets are treated as deferred income which is recognized in the Profit &Loss
account on a systematic and rational basis over the useful life of the assets .
In the given question, accounting treatment of grant received towards part cost of
machinery is not correct. The auditor should advise company to correct the above
accounting treatments of grant; otherwise it is the duty of the auditor to qualify his
report.
10. Clean audit report and Qualified audit report: A clean audit report is a report
issued by an auditor in case he does not have any reservation in respect of matters
contained in the financial statements. In such a case, the audit report may state that
the financial statements give a true and fair view of the state of affairs and of profit
and loss account during the period. A clean report may be without any modifications
or with modifications which are just for matter of emphasis.
Under the following circumstances an auditor is justified in issuing a clean report:
(a) the financial information has been prepared using acceptable accounting policies,
which have been consistently applied;
(b) the financial information complies with relevant regulations and statutory
requirements; and
(c) there is adequate disclosure of all material matters relevant to the proper
presentation of the financial information, subject to statutory requirements, where
applicable.
Qualified audit report, on the other hand, is one when auditor does not give a clean
chit about the truthfulness and fairness of the financial statements but makes certain
reservations. A qualified report is a modified report as to the auditor’s opinion.
A qualified report is issued when there is limitation on the scope of audit or
disagreement with management, regarding the acceptability of accounting policies
selected or the method of application or the adequacy of financial statement
disclosure.
The auditor uses the word to indicate his qualification or reservation by placing the
word “subject to” or “except to”. The qualifications should indicate impact on profits
and account balances and should be specific, clear and self explanatory. The auditor
should also give reasons for qualification. In case of companies, there is also a legal
requirement u/s 227(4) of the Companies Act which provides that where the auditor
answers any of the statutory affirmations in negative or with qualification, his report
shall state the reasons for such answer.
Thus, it is clear from the above that in case of a clean report, the auditor has no
reservation in respect of various matters contained in the financial statements but a
qualified report may involve certain matters involving difference of opinion between
the auditor and the management.
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11. (a) Disclosure of Surplus on Sale of Investments: AS 5, “Net Profit or Loss for the
Period, Prior Period Items and Changing in Accounting Policies” prescribes the
classification and disclosure of items in the statement on profit and loss account.
AS 5 requires separate disclosure of prior period item, extraordinary items, etc.
distinctly so as to reflect the financial position of enterprise for better understanding
of users of financial statements. In the instant case, the setting-off of surplus
arising from sale of investments against a non-recurring item is not proper because
such an adjustment fails to disclose the performance of enterprise. Though, sale of
investments (even if such investments are long-term) is an ordinary activity of the
enterprise, the AS 5 requires that, “When items of income and expenses within
profit or loss from ordinary activities are of such size, nature or incidence that their
disclosure is relevant to explain the performance of the enterprise for the period, the
nature and amount of such items should be disclosed separately”. Accordingly the
auditor should modify his report bringing out the impact of adjusting surplus on
investments against loss on non-recurring items.
(b) Maintenance of Statutory Register: Register of members is a statutory book,
which should be maintained by every company. The auditor should ascertain
whether the company updates the register and then examine whether it is in
agreement with the amount of issued capital. Because in the audit of share capital,
it constitutes one of the internal documentary evidence. The auditor may also
consider applying alternative audit procedures because If the company fails to
update the register and the auditor fails to obtain sufficient appropriate audit
evidence, the auditor may qualify his report.
12. Advantages of Audit to a Sole Trader
Although sole traders are not required by any law (except u/s 44AD, 44AE, 44AF,
44AB and other provisions of the Income-tax Act, 1961) to have their accounts
audited, yet it has become customary for many of them who derive their large
incomes from numerous sources and whose expenditure is vast and varied to get
their accounts audited. Also, sole traders, get their financial statements audited due
to regulatory requirements, such as stock brokers or on a specific instructions of the
bank for approval of loans, etc. The sole trader can determine the scope of the audit
as well as the conditions under which it will be carried out. For example, he can
stipulate that only a partial audit shall be carried out or certain parts of the accounts
shall not be checked. It will also be decided that the audit will be carried out
continuously or at the end of the year. Thus, the duties and the nature of auditor’s
work will depend upon the agreement that he has entered into with the sole trader.
But he must obtain clear instructions from his clients in writing as to what he is
expected to do. The following are some of the advantages that can be derived from
an audit of this nature:
(i) The individual is assured of having his accounts properly maintained and his
expenditure vouched.
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(ii) He is also assured of not being defrauded by the accountant and his agents. Even
if they have done some defalcations, etc.; these may be discovered by the auditors.
(iii) The audited accounts are reliable and are generally accepted by the Income-tax
Department and hence, individuals do not feel any difficulty for taxation
assessments, etc.
(iv) The audited accounts of a deceased are very helpful for executors and
administrators.
13. (a) Change in accounting policies:
(1) The consistency is the fundamental accounting assumption. Therefore the
accounting policies should consistently be applied and followed from years to
years.
(2) Change in accounting policy is permitted only if such change is to bring
accounts in line with accounting standards, provisions of law or for better
presentation of financial statements.
(3) When change in accounting policies or method is effected, the fact of such
change and its impact on accounts must be disclosed.
(4) If change is made in the accounting policies which has no material effect on
the financial statements for the current period but which is reasonably
expected to have a material effect in later periods, the fact of such change
should be appropriately disclosed in the period in which the change is adopted.
(b) The management representation as an audit evidence:
(1) During the course of an audit, management makes many representations to
the auditor, either unsolicited or in response to some specific enquiries.
(2) The auditor also should obtain representation from management, where
considered appropriate and necessary.
(3) The management representation is taken to corroborate audit evidence, but
representations by management can not be a substitute for other audit
evidences that the auditor could reasonably expect to be reasonably available.
(4) In certain cases, where knowledge of facts is confined to management, a
representation by management may be the only audit evidence, which can
reasonably be expected to be available.
(5) If a management representation is contradicted by an available other audit
evidence, the auditor should examine the circumstances and, when necessary,
reconsider the reliability of other representations made by management.
14. Using the work of an expert: As per the SA 620, when the auditor intends to use the
work of an expert he should evaluate the following before accepting the same as
audit evidence:
(i) Professional qualification of the expert;
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(ii) Experience and reputation of expert in related field;
(iii) Independence and objectivity of the expert;
(iv) The objectives and scope of the expert’s work;
(v) Expert’s relationship with the client, if any;
(vi) The source data used;
(vii) Assumptions and method used;
(viii) the results of the expert’s work in the light of auditor’s overall knowledge of the
business and of the result of his audit procedures.
15. Section 617 of the Companies Act, 1956 defines a Government Company as “Any
company in which not less than 51% of the paid-up share capital is held by the
Central Government or by any State Government or Governments or partly by the
Central Government and partly by one or more State Governments and includes a
company which is subsidiary of a Government Company as thus defined.”
Appointment: As per Section 619, the auditor of a Government company shall be
appointed or reappointed by the Comptroller and Auditor General of India. Section
619 B deals with the company in which not less than 51% of the paid-up share
capital is held by one or more of the following or any combination thereof as if it were
a government company namely;
1. Central Government and one or more government companies;
2. Any State Government or Governments and one or more government companies;
3. The Central Government, one or more State Governments and one or more
government companies;
4. The Central Government and one or more corporations owned or controlled by the
Central Government.
5. The Central Government, one or more State Governments and one or more
corporations owned or controlled by the Central Government;
6. One or more corporations owned or controlled by the Central Government or the
State Government;
7. More than one government company; the auditor of such a company shall be
appointed by the Central Government on the advice of the C & AG of India.
16. (a) Board's Powers to Appoint an Auditor: The appointment of an auditor is
complete only on the acceptance of the offer by the auditor. The non-acceptance of
appointment by the auditor does not result in any casual vacancy. Moreover, even if
the auditor is existing one, the matter would not make any difference since the
appointment has to be made at each AGM and the auditor must accept the same.
The casual vacancy is said to arise only in case of death, resignation, etc.
Therefore, the Board is empowered to fill such a vacancy. Section 224(3) of the
Companies Act, 1956, empowers the Central Government to fill up a vacancy in
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case no auditors are appointed or re-appointed at an annual general meeting
(AGM). (It is also opined that the appointment of an auditor having been made by
shareholders, sub-section (3) cannot be invoked. Thus the auditor could only be
appointed by shareholders at general meeting). Thus, the Board of Directors are not
authorised to fill up the vacancy in case the existing auditor (s) appointed at the
Annual General Meeting refuse to accept the appointment.
(b) Removal of First Auditors: With a view to safeguarding the auditor's
independence, the law provides very stringent provisions so far as removal of an
auditor before the expiry of the term is concerned. Section 224(7) of the Companies
Act, 1956 provides that an auditor may be removed before the expiry of his term by
the company in a general meeting only after obtaining the prior approval of the
Central Government. An exception to this rule is that no such approval is required
for the removal of the first auditor appointed by the Board of Directors under Section
224(5) of the Companies Act, 1956. Accordingly, X & Co., Chartered Accountants,
being the first auditor of the company can be removed without the approval of the
Central Government by the company by passing a general resolution to that effect
in the extraordinary general meeting called for the purpose.
(c) Board's Powers to Appoint Auditor(s): The resignation of the existing auditor(s)
would give rise to a casual vacancy. As per Section 224(6) (a) of the Act, casual
vacancy can be filled by the Board of Directors, provided such vacancy has not
been caused by the resignation of the auditor. The rationale behind such a provision
is to ensure that resignation is a matter of great concern and, thus, it is necessary
that all shareholders must be apprised of reasons connected with resignation in
case of a casual vacancy arising on account of resignation. The vacancy shall only
be filled by the company in general meeting. Thus the appointment of Mr. Hari as
the auditor of the company is not valid.
(d) Restrictions on Powers of Statutory Auditors: Section 227(1) of the Companies
Act, 1956 provides that an auditor of a company shall have right of access at all
times to the books and accounts and vouchers of the company whether kept at the
Head Office or other places and shall be entitled to require from the offices of the
company such information and explanations as the auditor may think necessary for
the purpose of his audit. These specific rights have been conferred by the statute on
the auditor to enable him to carry out his duties and responsibilities prescribed
under the Act, which cannot be restricted or abridged in any manner. Hence any
such resolution even if passed by entire body of shareholders is ultra vires and
therefore void. In the case of Newton vs. Birmingham Small Arms Co., it was held
that any regulations which preclude the auditors from availing themselves of all the
information to which they are entitled under the Companies Act, are inconsistent
with the Act.
17. Audit of Commercial Accounts: The government also engages in commercial
activities and for the purpose it may incorporate following types of entities:
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(i) Departmental enterprises engaged in commercial and trading operations, which are
governed by the same regulations as other Government departments such as
defence factories, mints, etc.
(ii) Statutory corporations created by specific statues such as LIC, Air India, etc.
(iii) Government companies, set up under the Companies Act, 1956.
All aforesaid entities are required to maintain accounts on commercial basis. The
audit of departmental entities is done in the same manner as any Government
department, where commercial accounts are kept. Audit of statutory corporations
depends on the nature of the statute governing the corporation. In respect of
government companies, the relevant provisions of Companies Act, 1956 are
applicable. As per section 619 of the Companies Act, 1956 the statutory auditor of a
Government company shall be appointed or re-appointed by the CAG. Such an
auditor must be a chartered accountant. Further, the Companies Act, 1956, provides
that the CAG shall have the powers:
(i) to direct the manner in which the company’s accounts shall be audited by the
auditor, and to give the auditor instructions in regard to any matter relating to the
performance of his functions; and
(ii) to conduct a supplementary or test audit of the company’s accounts by such person,
as he may authorise in this behalf, and for the purposes of such audit to require
information or additional information to be furnished to any person or persons, so
authorised on such matters by such person or persons, and in such form as the
CAG may direct.
The statutory auditor shall submit a copy of his audit report to the CAG, who shall
have the right to comment upon or supplement the audit report in such manner he
may think fit.
Any such comments upon or supplement to the audit report shall be placed before
the company, at the same time, and in the same manner, as the audit report. Thus,
it is seen that there is a two layer audit of a Government company, by the statutory
auditors, being qualified chartered accountants, and by the CAG. The general
standards, principles, techniques and procedures for audit adopted by the C&AG are
a mixture of government audit and commercial audit as known and practiced by
professional auditors. The concepts of autonomy and accountability of the institution
/ bodies / corporations / companies have influenced the nature and scope of audit in
applying the conventional audit from the angle of economy, efficiency and
effectiveness.
18. (a) Disqualifications of an Auditor: Section 226(3)(c) of the Companies Act, 1956
prescribes that any person who is a partner or in employment of an officer or
employee of the company will be disqualified to act as an auditor of a company.
Sub-section (5) of Section 226 provides that an auditor who becomes subject, after
his appointment, to any of the disqualifications specified in sub-sections (3) and (4)
of Section 226, he shall be deemed to have vacated his office as an auditor. In the
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present case, A, an auditor of M/s Laxman Ltd., joined as partner with B, who is
Manager Finance of M/s Laxman Limited, has attracted clause (3) (c) of Section 226
and, therefore, he shall be deemed to have vacated office of the auditor of M/s
Laxman Limited.
(b) Removal of an Auditor: The removal of auditor K, a chartered accountant, before
the expiry of the term of an auditor’s appointment by M/s Y Limited is invalid. Sub-
section (7) of Section 224 of the Companies Act, 1956 provides that an auditor may
be removed from office before the expiry of his term, by the company only in a
general meeting after obtaining the prior approval of the Central Government in that
behalf.
However such approval is not required for the removal of the first auditor appointed
by the Board of Directors under the proviso to sub-section (5) of Section 224. Since
prior approval of the Central Government has not been obtained, the removal of K is
not valid and, therefore, K continues to be the auditor. The appointment of Ram in
his place is void.
(c) Restricting Scope of Audit: Y may agree to temporary reduction in audit fees, if he
so wishes, in view of the suggestions made by the directors (perhaps in accordance
with the decision of the company taken in general meeting). But his duties as a
company auditor are laid down by law and no restriction of any kind can restrict the
scope of his work either by the director or even by the entire body shareholders.
There is no concept of full or part audit under Section 227 of the Companies Act,
1956. And, remuneration is a matter of arrangement between the auditor and the
shareholders. Section 224(8) specifies the remuneration of an auditor, shall be
fixed by the company in general meeting or in such manner as the company in
general meeting may determine.
His duties may not necessarily commensurate with his remuneration. Y, therefore,
should not accept the suggestions of the directors regarding the scope of the work
to be done. Even if Y accepts the suggestions of the directors regarding the scope
of work to be done, it would not reduce his responsibility as an auditor under the
law. Under the circumstances, Y is violating the provisions of the Companies Act,
1956.
(d) Right of Access to Minute Books: Section 227 of the Companies Act, 1956 grants
powers to the auditor that every auditor has a right of access, at all times, to the
books and account including all statutory records such as minute books, fixed
assets register, etc. of the company for conducting the audit.
In order to verify actions of the company and to vouch and verify some of the
transactions of the company, it is necessary for the auditor to refer to the decisions
of the shareholders and/or the directors of the company.
It is, therefore, essential for the auditor to refer to the Minute Books. In the absence
of the Minute Books, the auditor may not be able to vouch/verify certain transactions
of the company.
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In case the directors have refused to produce the Minute Books, the auditor may
consider extending the audit procedure as also consider qualifying his report in any
appropriate manner.
19. (a) Accounting for Fixed Assets and Borrowing Cost : According to AS 10, the cost
of fixed asset includes all expenses for bringing into existence and working
condition the asset for its intended purpose. Accordingly all expenses attributable to
the construction of fourth cement plant can be added to the cost except those which
had been not permitted by the AS.
The cost of purchase, installation of asset is directly related to bringing the asset
into the working condition for intended use and hence is correctly capitalized.
According to AS 16 on borrowing cost, the interest expenditure on borrowing can be
capitalized till the date of the cessation of construction. The capitalization ceases
when substantially all activities of construction are completed. Simply, the interest
can be capitalized till the completion of the project and it should not be capitalized
after commencement. In the instant case of capitalization of interest, the company is
partly right in capitalizing it till 31.12.2008 and is wrong for capitalizing it beyond
31.12.2008 till 31.3.2009.
The allocation of common overhead is allowed if it they are specifically relatable to
project. The salary expenditure of plant engineers may be capitalized for the
construction period.
Accordingly, the auditor shall qualify his report for the deviation if not adjusted,
taking into account the materiality of the impact on accounts.
(b) Dividend Recognition : ABC Limited accounted the dividend income from its
investment in Amudhan Bank Limited declared subsequent to its (ABC Limited)
balance sheet but before finalization of the accounts.
According to AS 9 on revenue recognition, the dividend income is recognized when
the right to receive it occurs viz. the date of declaration.
As such, the date of declaration is the relevant date. The date of declaration being
30.6.2009 falls after the end of the accounting period.
Hence, the company is wrong in accounting an income which does not pertain to the
year under reference. This may warrant a qualification in the audit report subject to
materiality consideration.
(c) Effects of Changes in Foreign Exchange rates: According to AS 11, the foreign
currency transactions should be initially recognized at the exchange rate prevailing
on the date of transaction. Accordingly, the asset and liability should be accounted
at exchange rate prevailing on the date of purchase.
The monetary items should be reported at the exchange rate prevailing on the close
of the accounting period. The liability for capital goods purchased is a monetary
item.
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If during the accounting period, if a monetary liability is settled at a rate different
from the rate at which it was initially recognized the exchange difference should be
charged to P&L account in the year of settlement.
According to AS 11 (revised), hence, it is necessary to write off Rs, 6.75 lakhs being
exchange differences at the date of settlement. It cannot be added to the cost of the
capital. Hence, the company is wrong in capitalizing foreign exchange differences
between the amounts of initial recognition and settlement and computing
depreciation on the wrongly capitalized portion of the asset.
This warrants correction by the company. Else, the auditor may qualify his report
upon relevant considerations.
20. (a) Building:
(i) Verify the cost by reference to the architect's certificate as well as the
contractor's receipts for amounts paid in case building is completed during the
year. If the building has been constructed by the client's own organisation, it
will be necessary for the auditor to verify that the basis upon which cost of
materials, wages and the supervision charges have been allocated to the
account and same are reasonable.
(ii) Check whether depreciation has been provided on a consistent basis.
(iii) Confirm the existence of building either through physical observation or other
documentary evidence.
(iv) Check the title deeds and verify that building is owned by the entity.
(v) Ascertain whether any charge has been created on the building. If so, the
same has been disclosed.
(vi) Examine lease deed, if the building is leasehold, to ascertain the cost,
amortisation, etc.
Also ensure that all convenants in the lease deed have been fulfilled by the
client.
(vii) If revaluation has taken place, see the basis of revaluation and ensure that the
disclosure of the same has been made.
(viii) In case of a company, check that presentation and disclosure has been as per
the Part of Schedule VI to the Companies Act, 1956.
(b) Bank Balances:
(i) Verify bank balance by reference to bank statements.
(ii) Examine the bank reconciliation statement prepared as on the last day of the
year and see whether (a) cheques issued by the entity but not presented for
payment, and (b) cheques deposited for collection by the entity but not
credited in the bank account have been duly debited/credited in the
subsequent period.
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(iii) Pay special attention to those items in the reconciliation statements which are
outstanding for an unduly long period. The auditor should ascertain the
reasons for such outstanding items from the management. He should also
examine whether any such items require an adjustment! write-off.
(iv) Examine relevant certificates in respect of fixed deposits or any type of
deposits with banks duly supported by bank advices.
(v) Check the form of Balance Sheet as per Part I of Schedule VI which requires
that the bank balance should be segregated as follows: (i) With Scheduled
Banks. And (ii) With others. In the last mentioned case, the nature of interest,
if any, of a director or his relative with each of the bankers should be
disclosed. The nature of deposit in each case should be stated, e.g., current,
fixed, call, etc. in case of a non-scheduled bank, its name and the maximum
balance that was held by it during the year should also be disclosed.
(c) Bills Payable: These are acknowledgements of debts payable. For their
verification, it is necessary to see that bills paid have been cancelled and the
liability in respect of those outstanding has been correctly ascertained and
disclosed. Steps involved in their verification are:
(i) Vouch payments made to retire bills on their maturity or earlier and confirm
that the relevant bills have been duly cancelled.
(ii) Trace all the entries in the Bills Payable Book to the Bills Payable Account to
confirm that the liability in respect of the bills has been correctly recorded.
(iii) Reconcile the total of the schedule of bills payable outstanding at the end of
the year with the balance in the Bills Payable Account.
(iv) Obtain confirmation from the drawers or holders of the bills in respect of
amount due on the bills accepted by the client that are held by them.
(v) Verify that the charge, if any, created on any asset for the due payment of bills
has been appropriately disclosed.
(d) Borrowing from Banks: Borrowing from banks may be either in the form of
overdraft limits or term loans. In each case, the borrowings should be verified as
follows:
(i) Reconcile the balances in the overdraft or loan account with that shown in the
pass books and confirm the last mentioned balance by obtaining a certificate
from the bank showing the balance in the accounts as at the end of the year.
(ii) Obtain a certificate from the bank showing the particulars of securities
deposited with the bank as security for the loans or the charge created on an
asset or assets of the concern and confirm that the same has been correctly
disclosed and duly registered with Registrar of Companies and recorded in the
Register of Charges.
(iii) Verify the authority under which the loan or overdraft has been raised. In the
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case of a company, only the Board of Directors is authorised to raise a loan or
borrow from a bank.
(iv) Confirm, in the case of a company, that the provision contained in section 293
of the Companies Act, 1956 as regards the maximum amount of loan that the
company can raise has not been contravened.
(v) Ascertain the purpose for which loan has been raised and the manner in which
it has been utilised and that this has not prejudicially affected the concern.
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