Ca. Pramod Jain Ca. Pramod Jain Lunawat & Co. Lunawat & Co
Ca. Pramod Jain Ca. Pramod Jain Lunawat & Co. Lunawat & Co
•Prescribing
Prescribing the Forms for Report u/s
Rule 6G 44AB
•Particulars
Particulars as required u/F 3CA or
Form 3CD 3CB
Lunawat & Co.
TAR CEILING
60
45
30
ICAI clarified in 2011 that audit
prescribed under any statute (like DVAT,
2004), not covered
44AD / 44AE audit not covered in limit
Lunawat & Co.
APPLICABILITY OF 44AD /44AB FOR AY 2016-
2016-17
Mfg. - Turnover – 120L; NP -5L; 80-
80-IA – 3 L; TI-
TI-
2.40L • AD - No
• AB - Yes
Trading-
Trading- Turnover – 110L; NP -3L; Architect –
Fee – 30 L; NP-
NP- 5 L; TI-
TI-7L • AD - No
• AB - Yes
Mfg – TO – 40 L, NP – 1 L; Trading-
Trading-TO – 40
L, NP-
NP-1 L; Exports – TO – 50 L, NP – 1 L • AD - No
• AB - Yes
Manufact
uring –
80L ; NP
– 8L
Commissi
on – 2 L;
NP-
NP- 1L
Trading – Professio
25 L ; NP-
NP- n – 21 L ;
3L NP – 5 L
Lunawat & Co.
SECTION 44AB CHANGES–
CHANGES– AY 2017-
2017-18
• 44AB limit for profession increased to 50Lacs
• Audit of professionals below fifty lacs if receipt
below 50 Lacs and s. 44ADA benefit not taken
• If benefit u/s 44AD not claimed in 1 year then
cannot claim in next 5 years. In such case to
maintain books if income exceeds maximum
amount not chargeable to tax
• Provision for assesses covered u/s 44AD(4)
Lunawat & Co.
APPLICABILITY-
APPLICABILITY-44AD /44AB FOR AY 2017-
2017-18
AY 2017-
2017-18 – T – Rs.
Rs. 120 Lacs . P
– 10 L, TI – 9 L •Y/N
AY 2018-
2018-19 – T – Rs.
Rs. 120 Lacs . P
– 8 L, TI – 6 L •N/Y
AY 2019-
2019-20 – T – Rs.
Rs. 70 Lacs . P –
10 L, TI – 9 L •N/Y
AY 2020-
2020-21 – T – Rs.
Rs. 60 Lacs . P –
10 L, TI – 2 L
•N/N
Lunawat & Co.
Lunawat & Co.
WHO CAN CONDUCT AUDIT
W.e.f.
W.e.f. 1st June 2015
Accountant as defined in Explanation
below S. 288 (2)
A Chartered Accountant as defined in
section 2 (1) (b) of the Chartered
Accountants Act, 1949 who holds a valid
certificate of practice u/s 6 (1) of that Act
CA in practice (can represent)
Lunawat & Co.
QUALIFICATION - CA
T.D.
Venkata Rao v. Union of India [1999]
237 ITR 315 (SC):
(SC):
Chartered Accountants, by reason of their training
have special aptitude in the matter of audits. It is
reasonable that they, who form a class by
themselves, should be required to audit the accounts
of businesses…. There is no material on record and
indeed in our view, there cannot be that an income-
income-
tax practitioner has the same expertise as chartered
accountants in the matter of accounts. …and it must
be pointed out that these income-
income-tax practitioners
are still entitled to be authorised representatives of
assessees.”
assessees
Lunawat & Co.
DISQUALIFICATION - COMPANIES
Lunawat & Co.
DISQUALIFICATION – OTHERS
Assessee himself
In case of a firm - any partner of the firm
To auditor,
auditor, as customer, in the ordinary course of
business,
business, by companies engaged in business of
telecommunications, airlines, hospitals, hotels &
such other similar businesses
Lunawat & Co.
???
Can a CA in practice who is giving
accounting services to a company conduct
tax audit of that company?
Can an internal auditor of a company issue
Form 15CB certificate for that company?
Can a CA in practice who is giving
accounting services to a company issue
certificate in Form 29B for MAT
calculation?
Lunawat & Co.
Audit Reports
Companies
Other Acts
Act
Non-
Non- Tax
CARO LLP Society
CARO Audit
Form Form
3CA 3CB
Lunawat & Co.
FORM 3CA
Reporting period for PL amended from 31st March to
period wise.
Examination of books by auditor included before
giving opinion
Opinion now to be given subject to observations /
qualifications, no annexures
Stamp / Seal of auditor required
Name of signatory to be given. FRN??
To be signed by person eligible as per s. 44AB
(earlier CA, auditor as per Companies Act, other
person entitled to audit
Lunawat & Co.
FORM 3CB
Same as Form 3CA except examination
of books
Opinion subject to observations /
qualifications to be given:
Financial Statements – 3(a)
Form 3CD – 5
SA 700?
Lunawat & Co.
SA 700
Assessee’s Responsibility for the Financial Statements
and the Statement of Particulars in Form 3CD
1. The assessee is responsible for the preparation of the
aforesaid financial statements that give a true and fair
view of the financial position and financial performance
(if applicable) in accordance with the applicable
Accounting Standards issued by the Institute of
Chartered Accountants of India. This responsibility
includes the design,
design, implementation and maintenance
of internal control relevant to the preparation and
presentation of the financial statements that give a true
and fair view and are free from material misstatement,
whether due to fraud or error.
Lunawat & Co.
SA 700
2. The assessee is also responsible for the
preparation of the statement of particulars
required to be furnished under section 44AB of
the Income-
Income-tax Act, 1961 annexed herewith in
Form No. 3CD read with Rule 6G(1)(b) of
Income Tax Rules, 1962 that give true and
correct particulars as per the provisions of the
Income-
Income-tax Act, 1961 read with Rules,
Rules,
Notifications , circulars etc that are to be
included in the Statement.
Statement.
Lunawat & Co.
SA 700
Tax Auditor’s Responsibility
3. Our responsibility is to express an opinion on
these financial statements based on our audit.
We have conducted this audit in accordance
with the Standards on Auditing issued by the
Institute of Chartered Accountants of India.
Those Standards require that we comply with
ethical requirements and plan and perform the
audit to obtain reasonable assurance about
whether the financial statements are free from
material misstatement.
misstatement.
Lunawat & Co.
SA 700
4. An audit involves performing procedures to obtain audit
evidence about the amounts and disclosures in the financial
statements. The procedures selected depend on the auditor’s
judgment, including the assessment of the risks of material
misstatement of the financial statements,
statements, whether due to
fraud or error. In making those risk assessments,
assessments, the auditor
considers internal control relevant to the preparation and fair
presentation of the financial statements in order to design
audit procedures that are appropriate in the circumstances but
not for the purposes of expressing an opinion on the
effectiveness of the entity’s internal control. An audit also
includes evaluating the appropriateness of accounting policies
used and the reasonableness of the accounting estimates
made by management, as well as evaluating the overall
presentation of the financial statements.
Lunawat & Co.
SA 700
5. We believe that the audit evidence we have obtained
is sufficient and appropriate to provide a basis for
our audit opinion.
6. We are also responsible for verifying the statement
of particulars required to be furnished under section
44AB of the Income-
Income-tax Act, 1961 annexed herewith
in Form No. 3CD read with Rule 6G (1) (b) of Income-
Income-
tax Rules, 1962. We have conducted my/our
verification of the statement in accordance with
Guidance Note on Tax Audit under section 44AB of
the Income-
Income-tax Act, 1961, issued by the Institute of
Chartered Accountants of India.
India.
Lunawat & Co.
QUALIFICATIONS IN REPORT -1
Proper books of account, to enable reporting in
form 3CD, have not been maintained by the
assessee.
assessee.
All the information and explanations which to the
best of my/our knowledge and belief were
necessary for the purpose of my/our audit has
been provided by the assessee.
assessee.
Documents necessary to verify the reportable
transaction were not made available.
available.
Proper stock records are not maintained by the
assessee.
Lunawat & Co.
QUALIFICATIONS IN REPORT - 2
Valuation of closing stock is not possible.
possible.
Yield/percentage of wastage is not ascertainable.
ascertainable.
Records necessary to verify personal nature of
expenses not maintained by the assessee
TDS returns could not be verified by with the books
of account.
account.
Records produced for verification of payments
through account payee cheque were not sufficient
Amount of expense related to exempted income
u/s 14A of Income tax Act, 1961 could not be
ascertained
Lunawat & Co.
QUALIFICATIONS IN REPORT - 3
Creditors under Micro, Small and Medium
Enterprises Development Act, 2006 are not
ascertainable
Prior period expenses are not ascertainable from
books of account
Fair market value of shares u/s 56(2) (viia
(viia)
viia) / (viib
(viib)
viib)
is not ascertainable.
ascertainable.
Reports of audits carried by Excise/Service tax
Department were not made available
GP ratio is not ascertainable from the financial
statements prepared by the assessee.
Lunawat & Co.
QUALIFICATIONS IN REPORT - 4
Information regarding demand raised or refund
issued during the previous year under any tax laws
other than Income-
Income-tax act, 1961 and Wealth tax
Act, 1957 were not made available
Others
Mandatory that observations in 3CD on which
opinion cannot be given be reported in Form 3CA /
Form 3CB
Lunawat & Co.
FORM 3CD – OVERVIEW
Part A 1 -8 2 New
3CD
5 New
Part B 9-41
Amendme
nts
Lunawat & Co.
FORM 3CD – OVERVIEW
Purpose was to facilitate determination of
income from business or profession
Now Capital Gain – 50C and other sources
also covered – 56 (shares)
Read and understand all clauses and
relevant sections
Obtain Form 3CD duly authenticated by
assessee
New 143(1) – Tax Audit Report adjustment
Lunawat & Co.
FORM 3CD – NEW CLAUSE - 4
Indirect Tax Registration Nos to be given
if liable to pay i.e.,
Central Excise Duty,
Central Customs Duty,
Service Tax,
ICDS?
Lunawat & Co.
FORM 3CD –CLAUSE - 14
Method of valuation of closing stock
S. N Particulars + in profit - in profit
1 Increase in cost of opening stock on inclusion of excise duty 20
on which CENVAT credit is available/availed
2 Increase in purchase cost of RM on inclusion of excise duty 180
on which CEN VAT credit is available/availed
3 Increase in sales of FG on inclusion of excise duty 180
Builders !!!
Lunawat & Co.
FORM 3CD – CLAUSE - 18
Depreciation allowable – Additional Dep.
Actual Cost or WDV
Car 1st Insurance
Interest upto asset put to use
35(1)(iia
35(1)(iia)
iia) – 125% of amount paid to company…
35(1)(iii) – 125% of amount paid for research in
social science or statistical research…..
35(1)(iv) – Capital expenditure
Detail to be given:
Date of payment
Nature of payment
Amount
Name of Payee
CENVAT Availed
CENVAT utilized
Closing/outstanding
Balance
Lunawat & Co.
RELATED PARTY
Accounting Companies
Income Tax
Standards Act
AS 18 S. 2(76) 40A(2)(b)
S. 184 S. 188
Lunawat & Co.
FORM 3CD – NEW CLAUSE - 28
Details of shares received without / inadequate
consideration u/s 56(2)(viia
56(2)(viia).
viia). Is it for all assesses?
Take care of transactions not regarded as transfer for this purpose
– 47 (via), (vic
(vic),
vic), (vicb
(vicb),
vicb), (vid) & (vii)
Not stated in Form, required in Utility –
Name of the person from whom shares are received
PAN, if available
Name of company whose shares are received
CIN
No. of Shares
Amount of consideration paid
FMV of shares
If without consideration, it may not be accounted in books.
Reporting to be made.
Reporting only difference exceeds Rs.
Rs. 50K
Lunawat & Co.
FORM 3CD – NEW CLAUSE - 29
Details of consideration received in excess of fair
value for issue of shares u/s 56(2)(viib
56(2)(viib)
viib) – only for
companies
Details not given in Form, but in Utility:
Name of the person from whom consideration received
for issue of shares
PAN, if available
No.
No. of Shares received
Amount of consideration received
FMV of shares
Would anything be reported under this?
Use SA 620 – Using the work of an Auditor’s Expert
Lunawat & Co.
CLAUSE 31 - S. 269SS/T
Advance against immovable property in cash for Rs.
Rs.
20000/-
20000/- covered? Reportable in Form 3CD?
Yes, No
Loan received by NEFT / RTGS??
No
Share application money advance??
No if adequate documents
Sale proceeds collected by selling agent?
No
Advance received against sale of goods?? Companies
Act 2013??
No
Lunawat & Co.
CLAUSE 31 - S. 269SS/T
ABC P. Ltd receives cash from Mr. A an agriculturist?
Yes
Security deposit received against contracts?
Yes – deposit
Amount retained by contractee against
performance??
No as amount not received
ABC P. Ltd repays loan payable on demand in cash?
No
Loan in name of Mr A transferred in name of Mr B
by accounting entry?
Yes
Lunawat & Co.
FORM 3CD – AMENDMENT - 34
TDS – Total revamped.
TCS added.
Reconcile it with:
TDS Returns
Financial Statements
Clause 21(b) – 40(a) / 40(ia
40(ia)
ia)
34(a) if required to deduct or collect tax as per
provisions of Chapter XVIIB or XVIIBB furnish:
1. TAN
2. Section
3. Nature of payment or receipt
Lunawat & Co.
FORM 3CD – AMENDMENT - 34
34 (b) – If TDS / TCS Statement not furnished
within prescribed time,
time, furnish:
TAN
Type of Form
Due date of furnishing
194 C Tpt.
Tpt. 15 Cr 0 0 0 0 0 0
194A Intt.
Intt. 5 Crs 6 Lacs 5 Lacs 50K 1 Lac 5000 0
194J FTS 1L 1L 0 0 0 0 0
Lunawat & Co.
FORM 3CD – AMENDMENT - 34
34 (c) – Whether the assessee is liable to pay
u/s 201(1A) or section 206C(7), if yes, please
furnish :-:-
Amount of Amount paid Date of
TAN Interest Payable out of Col. (2) Payment
(1) (2) (3) (4)
NA.
Check TRACES
Lunawat & Co.