CONDUCTING TAX AUDIT CA. Sanjeev Lalan Singrodia Goyal & Co. Chartered Accountants

Applicability of Tax Audit – S. 44AB Every person carrying on business whose Gross Turnover, Receipts Or Total Sales exceed Rs. 1 Crore Every person carrying on profession whose Gross Receipts exceed Rs. 25 Lakhs Where profits & gains of person from business are taxable on estimated basis u/ss. 44AD, 44AE, 44BB or 44BBB & such person claims his income to be lower than profits & gains so estimated

Mandatory e-filing of Tax Audit report E-filing of tax audit report u/s. 44AB and other reports and certificates made mandatory from AY 2013-14 onwards Notification No. 34/2013 [F.No. 142/5/2013- TPL]/SO 1111(E), dated 01/05/2013

Tax Audit Objective: To ensure maintenance of proper records and to assist Income Tax Department to assess correct income of assessee Main report: Form 3CA: Applies where accounts of business or profession of assessee have been audited under any other law Form 3CB: Applies in cases where accounts are not required to be audited by any other law Annexure I – Financial Reporting Annexure in Form 3CD to main report

Tax Audit Report Form 3CA – Report that Statutory Audit was conducted in pursuance of Statute applicable to assessee Form 3CB – Report that Tax Audit is conducted in accordance with provisions of section 44AB. Expression of opinion whether financial statements give true & fair view of- State of affairs of assessee as represented by Balance Sheet Profit / Loss or Income / Expenditure as represented by Profit / Loss Account Expression of opinion as to whether the particulars contained in Annexure 3CD & Annexure I are True & Correct

Tax Audit Procedures Primary responsibility of assessee to prepare relevant information Tax Auditor (TA) to verify compliance Nature of Tax Audit Limits on conduct of Tax Audit. TA to- Use professional skill & expertise Apply Generally Accepted Auditing Procedures as applicable for other audits Apply techniques of reasonable test audit checks & compliance tests depending upon internal controls of assessee Follow principles of ‘Materiality’, ‘Prudence’ & ‘Substance Over Form’

Tax Audit Procedures Refer to following publications issued by ICAI- Standards on Audit (SAs) Guidance Notes (GNs) on Audit Reports & Certificates for Special Purposes GN on Tax Audit SA 700 - Auditor’s report on financial statements SA 705 – Modifications to the Opinion SA 706 – Emphasis of matters

Standards on Audit (SAs) issued by ICAI S.No. Standards on Auditing Number Type Revised or Not Effective Date 1 Overall Objectives of the Independent Auditor and the conduct of an audit in accordance with Standards on Auditing. 200 SA Revised  Apr 1, 2010 2 Agreeing the terms of Audit Engagements 210  Revised 3 Quality Control for Audit of Financial Statements 220 4 Audit Documentation 230 Apr 1, 2009 5 The Auditor’s Responsibility relating to Fraud in an Audit of Financial Statement 240 Revised 6 Consideration of Laws and Regulations in an Audit of Financial Statements 250 7 Communication with Those Charged with Governance 260 8 Communicating Deficiencies in Internal Control to Those Charged with Governance and Management 265 9 Responsibility of Joint Auditors 299 Apr 1, 1996 10 Planning an Audit of Financial Statements 300 Apr 1, 2008

Standards on Audit (SAs) issued by ICAI S.No. Standards on Auditing Number Type Revised or Not Effective Date 11 Identifying and Assessing the Risk of Material Misstatement Through Understanding the Entity and its Environment 315 SA Apr 1, 2008 12 Materiality in planning and performing an Audit 320 Revised Apr 1, 2010 13 The Auditor’s Responses to Assessed Risks 330 14 Audit Considerations Relating to an entity Using a Service Organization. 402 15 Evaluation of Misstatements Identified during the Audits 450 16 Audit Evidence 500 Apr 1, 2009 17 Audit Evidence – Specific Considerations for Selected items 501 18 External Confirmations 505 19 Initial Audit Engagements – Opening Balances 510 20 Analytical Procedures 520 21 Audit Sampling 530

Standards on Audit (SAs) issued by ICAI S.No. Standards on Auditing Number Type Revised or Not Effective Date 22 Auditing of Accounting Estimates, Including Fair Value Accounting Estimates and Related Disclosures 540 SA Revised Apr 1, 2009 23 Related Parties 550 Apr 1, 2010 24 Subsequent Events 560 25 Going Concern 570 26 Written Representation 580 27 Using the Work of Another Auditor 600 Apr 1, 2002 28 Using the Work of an Internal Auditor 610 29 Using the Work of an Auditor’s Expert 620 30 Forming an Opinion and Reporting on Financial Statements 700 Apr 1, 2012 31 Modifications to the Opinion in the Independent Auditor’s Report 705 32 Emphasis of Matter Paragraphs and other Matter Paragraphs in the Independent Auditor’s Report 706 33 Comparative Information – Corresponding Figures and Comparative Financial Statements 710 Apr 1, 2011

Standards on Audit (SAs) issued by ICAI S.No. Standards on Auditing Number Type Revised or Not Effective Date 34 The Auditor’s Responsibility in Relation to Other Information in Documents Containing Audited Financial Statements 720 SA Apr 1, 2010 35 Audits of Financial Statements Prepared in accordance with Special Purpose Frameworks 800 Apr 1, 2011 36 Special Considerations – Audits of Single Financial Statements and Specific Elements, Accounts or Items of a Financial Statements 805 37 Engagements to Report on Summary Financial Statements 810 38 Standards on Quality Control 1 SQC Apr 1, 2009

Brief Introduction to SA’s & other relevant standards SA 200: OVERALL OBJECTIVES OF THE INDEPENDENT AUDITOR AND THE CONDUCT OF AN AUDIT IN ACCORDANCE WITH STANDARDS ON AUDITING It establishes the independent auditor’s overall responsibilities when conducting an audit of financial statements in accordance with SAs. It also explains scope, inherent limitations of audit, objectives and responsibilities of an auditor SA 210: AGREEING THE TERMS OF AUDIT ENGAGEMENTS It deals with the auditor’s responsibilities in agreeing the terms of the audit engagement with management and, where appropriate, those charged with governance Consideration to be given by an auditor while engagement acceptance-preconditions for an audit are present SA 220: QUALITY CONTROL FOR AN AUDIT OF FINANCIAL STATEMENTS It deals with the specific responsibilities of the engagement partner regarding quality control procedures viz. ethical compliance, independence, quality control review, for an audit of financial statements

Brief Introduction to SA’s & other relevant standards SA 230: AUDIT DOCUMENTATION This Standard on Auditing (SA) deals with the auditor’s responsibility for preparation and maintenance of an audit documentation Keep detailed note of evidences relied upon Maintain all working papers including notes on following- Work done while conducting audit & by whom Explanation & information given during course of audit & by whom Decision on various points taken & judicial pronouncements relied upon MRs / Certificates issued by client Design audit programme as would reveal extent of checking & ensure adequate documentation

Brief Introduction to SA’s & other relevant standards SA 250: CONSIDERATION OF LAWS AND REGULATIONS IN AN AUDIT OF FINANCIAL STATEMENTS It deals with the auditor’s responsibility to identify instances of non–compliance with laws and regulations having direct/indirect effect on the material amounts and disclosures in financials statements However, auditor not primarily responsible for non-compliance as well as non-detection as the same rests on the Management and TCWG SA 300: PLANNING AN AUDIT OF FINANCIAL STATEMENTS Initial Audit Engagements-Acceptance (SA 220) and communication with previous auditor Recurring Audit Engagement- Planning Activities SA 500: AUDIT EVIDENCE It explains what constitutes audit evidence in an audit of financial statements, and It deals with the auditor’s responsibility to design and perform audit procedures viz. inspection, observation, inquiry, recalculation, analytical procedures, reperformance, to obtain sufficient appropriate audit evidence to draw reasonable conclusions so as to enable him to express an opinion

Brief Introduction to SA’s & other relevant standards SA 500: AUDIT EVIDENCE It explains what constitutes audit evidence in an audit of financial statements, and It deals with the auditor’s responsibility to design and perform audit procedures viz. inspection, observation, inquiry, recalculation, analytical procedures, re-performance, to obtain sufficient appropriate audit evidence to draw reasonable conclusions so as to enable him to express an opinion SA 501: AUDIT EVIDENCE—SPECIFIC CONSIDERATIONS FOR SELECTED ITEMS It deals with specific considerations by the auditor in obtaining sufficient appropriate audit evidence in accordance with SA 230, SA 500 (Revised) and other relevant SAs, with respect to certain aspects of inventory, litigation and claims involving the entity, and segment information in an audit of financial statements SA 505: EXTERNAL CONFIRMATIONS This Standard on Auditing (SA) deals with the auditor’s use of external confirmation procedures to obtain audit evidence in accordance with the requirements of SA 330 and SA 500 (Revised). SA 510: INITIAL AUDIT ENGAGEMENTS—OPENING BALANCES This Standard on Auditing (SA) deals with the auditor’s responsibilities relating to opening balances when conducting an initial audit engagement

Brief Introduction to SA’s & other relevant standards SA 550: RELATED PARTIES This Standard on Auditing (SA) deals with the auditor’s responsibilities regarding related party relationships and transactions when performing an audit of financial statements. Related Parties as per SA 550: person or other entity that has control or significant influence, directly or indirectly over the reporting entity Another entity over which the reporting entity has control or significant influence, directly or indirectly entity under common control with the reporting entity Related Parties as per 40A(2): relative of the assessee director of company or partner of the firm, member of association of persons or Hindu undivided family or partner of firm, or any relative of such director, partner or member individual who has a substantial interest in the business or any relative of such individual company, firm, association of persons or Hindu undivided family having a substantial interest in the business or its director, partner or member or its relative a company, firm, association of persons or Hindu undivided family of which a director, partner or member, as the case may be, has a substantial interest in the business or its director, partner or member or its relative

Brief Introduction to SA’s & other relevant standards SA 560: SUBSEQUENT EVENTS It deals with the auditor’s responsibilities relating to effect of subsequent events on financial statements and auditor’s report SA 570: GOING CONCERN It deals with the auditor’s responsibility in the audit of financial statements with respect to management’s use of the going concern assumption in the preparation and presentation of the financial statements Conditions that may cast doubt about the assumption: Net current liability position Negative operating cash flows Substantial operating losses Inability to comply with the terms of loan agreements Loss of key management without replacement. Loss of a major market, key customer(s) Changes in law or government policy expected to adversely affect the entity

Brief Introduction to SA’s & other relevant standards SA 580: WRITTEN REPRESENTATIONS It deals with the auditor’s responsibility to obtain written representations from management and, where appropriate, those charged with governance SA 700: FORMING AN OPINION AND REPORTING ON FINANCIAL STATEMENTS Objective: expressing clearly an opinion (including basis thereof) through a written report It also deals with the form and content of the auditor’s report issued as a result of an audit of financial statements

Brief Introduction to SA’s & other relevant standards SA 705: MODIFICATIONS TO THE OPINION IN THE INDEPENDENT AUDITOR’S REPORT This Standard on Auditing (SA) deals with the auditor’s responsibility to issue an appropriate report in circumstances when, in forming an opinion in accordance with SA 700 (Revised), the auditor concludes that a modification to the auditor’s opinion on the financial statements is necessary Determination of type of modification Nature of Matter Effect-Material but not pervasive Effect-Material and pervasive Financial statements are materially misstated Qualified Opinion Adverse Opinion Inability to obtain sufficient appropriate audit evidence Disclaimer of Opinion

Brief Introduction to SA’s & other relevant standards SA 706: EMPHASIS OF MATTER PARAGRAPHS AND OTHER MATTER PARAGRAPHS IN THE INDEPENDENT AUDITOR’S REPORT It deals with the auditor’s responsibility to draw user’s attention to important matters whether or not disclosed in the financial statements by making a specific reference in the auditor’s report through “Emphasis of matter” para and “Other Matter” para. SA 710: COMPARATIVE INFORMATION— CORRESPONDING FIGURES AND COMPARATIVE FINANCIAL STATEMENTS It deals with the auditor’s responsibilities regarding comparative information in an audit of financial statements. If the prior period financial statements were not audited, the auditor shall state in the auditor’s report that the corresponding figures are unaudited

Brief Introduction to SA’s & other relevant standards SQC 1: QUALITY CONTROL FOR FIRMS THAT PERFORM AUDITS AND REVIEWS OF HISTORICAL FINANCIAL INFORMATION, AND OTHER ASSURANCE AND RELATED SERVICES ENGAGEMENTS The purpose of this Standard on Quality Control (SQC) is to establish standards and provide guidance regarding a firm’s responsibilities for its system of quality control for audits and reviews of historical financial information, and for other assurance and related services engagements. This SQC is to be read in conjunction with the requirements of the Chartered Accountants Act, 1949, the Code of Ethics and other relevant pronouncements of the Institute

Clauses 1 to 12, 28 to 32

Annexure to Tax Audit Report (Form - 3CD) Clauses 1-6: Name of the assessee Address Permanent Account Number Status Previous Year Ended Assessment Year Importance of PAN records in all the above clauses.

Annexure to Tax Audit Report (Form - 3CD) Clause 7: Is applicable to Firms & Association of Persons Names of partners / members & their profit-sharing ratios [Sub- Clause (a)] Changes in the constitution, or profit-sharing, of Partnership / Association & the particulars of change [Sub-Clause (b)] Clause 7: Relevant Issues Will change in remuneration paid to partners without change in profit-sharing ratio would require any disclosure in tax audit report? When partner in representative capacity retires & admitted as partner in individual capacity, will it amount to change in partnership?

Annexure to Tax Audit Report (Form - 3CD) Clause 8: Nature of Business / Profession (If more than one business / profession is carried out, then nature of every business / profession) [Sub-Clause (a)] Particulars of change in business / profession [Sub-Clause (b)]

Annexure to Tax Audit Report (Form - 3CD) Clause 8: Relevant Issues If assessee starts another business whose gross receipts are not material compared to existing business, would it still amount to change in business? If assessee manufactures certain products & also sells certain components which are used in manufacture of product, would he be categorized as trader or manufacturer? If nature of business covers vast no. of activities, is it sufficient for TA to obtain management representations?

Annexure to Tax Audit Report (Form - 3CD) Clause 9: Whether books of accounts are prescribed as per S. 44AA? [Sub-Clause (a)] Books of Accounts maintained (In case of computerized system of accounting, mention books of account generated by such system) [Sub-Clause (b)] List of books examined [Sub-Clause (c)]

Annexure to Tax Audit Report (Form - 3CD) Clause 9: Relevant Issues Where stock records are not maintained due to high volume of transactions, what is TA’s stand? Would post audit print-outs of accounts prepared be sufficient evidence of audit without audit ticks? Clause 10: Mention profit assessable on presumptive basis which is included in profit & loss account and relevant section under which it is assessable

Annexure to Tax Audit Report (Form - 3CD) Clause 11: Method of Accounting followed in P.Y [Sub-Clause (a)] Any change in method of accounting in relation to last P.Y [Sub-Clause (b)] Details of such change and its effect on profit / loss [Sub-Clause (c)] Details of deviation in method employed from accounting standards prescribed u/s. 145 & effect on profit / loss [Sub-Clause (d)] Relevant Issues Does change in accounting policy amount to change in ‘method of accounting’? If preceding P.Y’s accounts were not subject to tax audit, is it sufficient to rely only upon information & explanations provided by client?

Annexure to Tax Audit Report (Form - 3CD) Clause 12: Method of Valuation of Closing Inventory employed in P.Y [Sub-Clause (a)] Details of deviation of such method of valuation from method prescribed u/s. 145A & effect on profit / loss [Sub-Clause (b)] What is objective behind S. 145A? Whether there is any effect on Profit & Loss Account by adopting ‘Inclusive Method’ as per S. 145A ?

Annexure to Tax Audit Report (Form - 3CD) Clause 12: Relevant Issues Where closing inventories are valued at market price (being lower than cost), should excise duty be added to such amount for complying with S. 145A?

Annexure to Tax Audit Report (Form - 3CD) Clause 22: Amount of CENVAT Credit utilized during P.Y. & treatment in profit / loss account & treatment of CENVAT Credit outstanding [Sub-Clause (a)] Particulars of prior period Income / Expenditure credited / debited to Profit / Loss Account [Sub-Clause (b)]

Annexure to Tax Audit Report (Form - 3CD) Clause 22: Relevant Issues CENVAT Credit Where CENVAT Credit as per assessees books is reconciled with Credit as per Excise Department, which entries are to be considered under this clause? Prior-Period Items Where particular item is considered as prior period item by TA but not by statutory auditor, what is TA’s duty in this respect? How should sales tax refund determined as result of order passed in last month of preceding P.Y but received in current P.Y, be treated? How should claim made for short supply of RM in preceding P.Y, settled in this P.Y, be treated? Wage disputes started in preceding P.Y but settled in current P.Y-Whether increase in wages pertaining to earlier P.Ys paid in current P.Y should be disclosed as prior period item?

Annexure to Tax Audit Report (Form - 3CD) Clause 23: Amount borrowed on hundi (including interest thereon) repaid other than through account payee cheque (section 69D) Clause 24: Particulars of each loan / deposit exceeding limits specified u/s. 269SS taken or accepted during P.Y- Name, address & PAN of lender / depositor Amount of loan / deposit Whether loan / deposit was squared up during P.Y Maximum amount outstanding at any time in P.Y Whether loan / deposit was taken / accepted otherwise than by account payee cheque or account payee bank draft [Sub-Clause (a)]

Annexure to Tax Audit Report (Form - 3CD) Clause 24: Particulars of loan / deposit repaid exceeding limits specified u/s. 269T during P.Y- Name, address & PAN of payee Amount of repayment Maximum amount outstanding at any time during P.Y Whether repayment was made otherwise than by account payee cheque or account payee bank draft [Sub-Clause (b)] Whether certificate has been obtained from assessee regarding taking or accepting, or repayment of same through account payee cheque / draft [Sub-Clause (c)] Such particulars are not necessary in case of government companies, banking companies or corporations established under Central, State or Provincial Act

Annexure to Tax Audit Report (Form - 3CD) Clause 24: Relevant Issues What are reporting requirements in case where deposit is received along with interest by other than account payee cheque or draft? Where current account is maintained for sister concern in respect of purchase of goods, cheque received, etc., how should same be approached by TA? What is treatment of booking amount received against sale of goods? Where asset is purchased under hire purchase finance, payment for which is made by account payee cheque by financier to supplier, is such loan taken by assessee in infringement of S. 269SS? Does S. 269SS include loans from finance companies & co-operative banks?

Annexure to Tax Audit Report (Form - 3CD) Clause 24: Relevant Issues Where payment to creditor is made by sister concern of assessee, will same be required to be reported under this clause? Where repayment of loan is made by crossed cheque to creditor of assessees lender, will same be covered under this clause? Where in loan account there is no transaction apart from interest to be paid & TDS on such interest due, should same be reported under this clause? Where creditors for supplies are converted into unsecured loans, what are reporting requirements? Current account loans taken & repaid on different dates during P.Y, should same be disclosed in respect of each credit entry under this clause?

Annexure to Tax Audit Report (Form - 3CD) Clause 24: Relevant Issues Where assessee makes payments of LIC Premium or Advance Tax on behalf of its depositors in account payee cheque of amounts exceeding limits specified in S. 296T, would same be required to be disclosed? What is position if transfer entries are made in books as authorized by letter of depositor? Opening balance of loan account is Rs. 1 lakh & only Rs. 10,000 has been accepted during P.Y, should same be reported? Opening balance of loan account is Rs. 1 lakh & there absolutely no movement in account either by way of further acceptance / repayment or interest during P.Y, should same be reported? Is any comment required from TA in respect of contravention of provisions of Ss. 69D, 269SS & 269T?

Annexure to Tax Audit Report (Form - 3CD) Clause 25: Details of brought forward loss or depreciation allowance, in following manner [Sub-Clause (a)]- Where change in shareholding of company has taken place in P.Y due to which losses incurred in preceding P.Ys cannot be carried forward as per S. 79 [Sub-Clause (b)] Serial No Assessment Year Nature of Loss / Allowance (in Rs.) Amount as returned (in Rs.) Amount as assessed (give reference to relevant order) Remarks

Annexure to Tax Audit Report (Form - 3CD) Clause 28: In case of trading concern, quantitative details of principal goods traded- Opening Stock Purchases during P.Y Sales during P.Y Closing Stock Short / Excess [Sub-Clause (a)] In case of manufacturing concern, quantitative details of raw materials, finished goods & / or by-products- Consumption / Production during P.Y Short / Excess

Annexure to Tax Audit Report (Form - 3CD) Clause 28: Yield of finished products * Percentage of yield *[Sub-Clause (b)] *Information may be given to the extent available; applies to raw materials only

Annexure to Tax Audit Report (Form - 3CD) Clause 28: Relevant Issues How must quantitative details be disclosed in case of retail traders where there are variety of items traded? Will TA be justified in conducting his audit in proper manner if he accepts MRs regarding quantitative details of items, in case there is no mechanism to record stock? How should TA report in case of civil contractor or construction company under this clause? Where assessee was not valuing work-in-progress because processing time was minimal, how should TA report this issue under this clause? In case where units of raw materials & closing stock are not same, how should yield & shortage / excess of stock be measured? Are assessees rendering technical services required to maintain quantitative details of drawing materials like tracing papers, etc?

Annexure to Tax Audit Report (Form - 3CD) Clause 29: In case of domestic company , details of tax on distributed profits u/s. 115-O in following form- Total amount of distributed profits [Sub-Clause (a)] Total tax paid thereon [Sub-Clause (b)] Dates of payment with amounts [Sub-Clause (c)] Relevant Issues Where tax audit is completed after dividend is declared but before dividend distribution tax is paid, will it be sufficient compliance to report on dividend declared in preceding P.Y but paid in current P.Y?

Annexure to Tax Audit Report (Form - 3CD) Clause 30: Enclose a copy of Cost Audit Report, if any Clause 31: Enclose a copy of Excise Audit Report, if any Clause 32: Calculate following ratios: Gross Profit / Turnover Net Profit / Turnover Stock-in-trade / Turnover Material Consumed / Finished Goods Produced