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Showing posts with label CA Auditing. Show all posts
Showing posts with label CA Auditing. Show all posts

April 5, 2016

Whether loans to commission agents/ Arthi / Aarthi will be included in agriculture advance?



Before examining the question let us examine the instructions available.
RBI issues separate Master circular for Priority Sector lending – Targets and Classification in which priority sector lending includes
(i)            Farm Credit (which will include short-term crop loans and medium/long-term credit to farmers)
(ii)           Agriculture Infrastructure and
(iii)         Ancillary Activities.

IRAC norm circular of RBI specifies provisioning on standard asset as follows:-

a)    Farm Credit to agricultural activities and Small and Micro Enterprises (SMEs) sectors at 0.25 per cent;


Thus it can be noted that although priority sector lending covers 3 categories however for provisioning purpose the benefit of lower provision is available two category i.e Farm Credit and SME.

The definition of Farm Credit has been given in both the circulars separately but by and large remains same. I am not copy pasteing the definition here but on analysis of the same you will observe the key ingredients as

a)    Loan should be given to Farmer  AND
b)    Should be directly for purpose of agriculture or agriculture produce should be held as security (loans upto Rs 50 lacs).

As  per internal ccirculars of Banks, Loans to Commission Agent/ Aarthi/ arthi have been classified as SME therefore they make provision of 0.25% on the same.

   

September 27, 2013

Audit and exemption of Trust



First of all we should understand what is charity?
‘Charitable Purpose’ includes relief of the poor, education, medical relief and the advancement of any object of general public utility. [Section 2(15)].
The Finance Act (No. 2), 2009 has added two more limbs to the definition with retrospective effect from Assessment Year 2009-10 i.e. "preservation of environment (including watersheds, forest and wildlife) and preservation of monuments or places or objects of artistic or historic interest", thus taking such activities outside the term "advancement of any other object of general public utility". 

What is not a Charity?
The Finance Act 2009, has amended the definition of ‘charitable purpose’ to provide that ‘advancement of any other object of general public utility’ will not be considered as ‘charitable purpose’ if it involves carrying on of any activity in the nature of trade, commerce, or business or any activity of rendering any service in relation to any trade, commerce or business for any fee, cess or other consideration irrespective of nature of use or application or retention of the income from such activity.
If the aggregate value of the receipts from such activities is not more than Rs. 25 lac (A.Y. 2012-13 i.e. w.e.f. 1st April, 2011). The effect of this amendment would therefore be that in a particular year, an object of the trust may be regarded as a charitable purpose, but in a subsequent year or an earlier year, it may not be so regarded depending upon the amount of receipts from such activity.

What is not included in income at all?
CORPUS DONATION
Where a trust receives voluntary contributions (Act 2(24 (iia)) made with a specific direction that they will form part of the corpus, such donation will not be included in the total income of the trust. [Section 11(1)(d)

What is exempt?
Income derived from property under trust subject to sections 60 to 63 wholly for charitable or religious purposes is exempt to the extent such income is applied on the objects of the trust in India, during the previous year. The trust must apply at least 85% of such income on the objects in such cases balance 15% will deemed to be accumulated for the purpose of charity and exempt.
[Section 11(2)]. If the amount applied by the trust is less than 85%, the shortfall in application is not taxable in the following cases —
1.    Income is accumulated up to 5 years and the purpose of accumulation is specified to the AO in Form No. 10. If accumulated amount could not be applied due to order/ injunction of the court, such period will be excluded.
The income accumulated must be applied for the specified purpose within the period of accumulation as per application in Form 10. Till the accumulated amount is applied, it must be invested as specified in Section 11(5). This requirement of Section 11(5) is applicable also to those trusts who are claiming exemption under clauses (iv), (v), (vi) and (via) of Section 10(23C).
If due to any other reason, income is not applied during the previous year, such income can be applied in the following previous year. However intimation in writing must be sent to AO before the expiry of time allowed  u/s. 139(1) for furnishing the return. If such income is not applied, it shall be deemed to be the income of previous year immediately following the year in which such income was derived [Explanation 2 to Section 11(1)].
Adjustment of expenses incurred by the trust for charitable purpose in the earlier years against the income earned by the trust in the subsequent year will have to regard as application of income of the trust in the subsequent year. Also depreciation debited in the books should be treated as expenditure for this purpose.
The repayment of loans originally taken to fulfil any of the objects of the trust is also considered as an application. The loan given by an educational trust is also an application for charitable purpose.

What is not exempt?
Business Income
Section 11(4A) provides that tax exemption will not apply in relation to any income of a trust being profits and gains of the business unless the business is incidental to the attainment of the objectives of the trust and separate books of account are maintained by such trust in respect of such business. ICAI has expressed the view that running of hospital by a trust is a business activity. Therefore, if gross receipts from business exceed Rs. 1 cr, the accounts should be audited u/s 44AB.
If accumulated income is credited/ paid to any other trust registered u/s 12AA or referred to in sub-clause (iv), (v), (vi) or (via) of 10(23C), it shall not be treated as application of income. However if the contribution is made in that year itself (i.e not out of the accumulated income) then the same would be exempt.

EXEMPTION U/S 11 NOT TO APPLY IN CERTAIN CASES (SECTION 13)
Section 13(1)(a) — Trust for private religious purposes.
Section 13(1)(b) — Trust established for the benefit of any particular religious community or caste.
Section 13(1)(c) — Income of the trust is applied directly or indirectly for the benefit of persons referred to in sub-section (3).
Section 13(1)(d) — Funds are invested otherwise than in any form or modes specified in 11(5).
1.    If whole or part of the relevant income is not exempt u/s 11 or 12 by virtue of provisions contained in clauses 13(1)(c) and (d), the tax will be charged at maximum marginal rate. [Proviso to Section 164].
2.    New Section 115BBC — The anonymous donations as aforesaid will be taxed @ 30% (plus Surcharge and Education Cess), except in the following two situations:
a.    The trust or institution is established wholly for religious purposes; and
b.    If it is for both religious and charitable purposes, unless the donation is specifically for the educational or medical institution run by such trust.
Anonymous donation means any voluntary contribution where a person receiving such donation does not maintain record of identity indicating the name and address of person making such contribution.

Requirement of Audit
Where total income before the exemptions u/ss. 11 and 12 of the trust exceeds the maximum amount not chargeable to tax; i.e., Rs. 1,80,000 (A.Y. 2012-13) (w.e.f. 1/4/2011), in order to get exemption u/ss. 11 and 12, the accounts have to be audited by an accountant as defined in explanation below sub-section 2 of Section 288, who will give his report in Form 10B.
If the income of the trust/institution referred to in clause (iv), (v), (vi) or (via) of Sec.10(23C) without giving effect to the provisions of these clauses exceeds the maximum amount not chargeable to tax, such trusts will have to get their accounts audited by the accountant as defined in Explanation below sub-section (2) of Section 288. (As provided in the Taxation (Amendment) Act, 2006) in form 10BB.

Time limit to file a return?
As per sec 139(4A) if total income exceeds maximum amount not chargeable to tax return should be filled as if it was return u/s 139(1)


Penalty for non-filling
Penalty of Rs. 100/- per day for failure to furnish return under sub-sections 4A and 4C of Section 139 [Section 272A(2)]. Similarly penalty of Rs 100 per day can be levied for delay in submitting Audit Report in Form 10B/10BB (272A)(2)(g).

June 24, 2013

New SA 700/ New Audit report perfoma



IMPLICATION ON SA 700 (REVISED) AUDITORS REPORT

SA 700 (REVISED) – FORMING AN OPINION AND REPORTING ON FINANCIAL STATEMENTS 
        
SA 700 (Revised) deals with the auditor’s responsibility to form an opinion on the financial statements and also with the form and content of the auditor’s report issued as a result of an audit of financial statements. The main highlights of this SA are:

• The Auditors report shall be in writing – hard Copy or report using electronic format.

• It shall have a title that clearly indicates that it is the report of an independent auditor.

• The introductory paragraph of the report shall contain the name of the entity, name and period of each statement that comprises the financial statements, refer to the summary of significant accounting policies and other explanatory information and state that the financial statements have been audited.

• The auditor’s report shall include sections and headings as under:

Report on the Financial Statements (if other reporting responsibilities have been addressed)

- Management’s [or other appropriate term] Responsibility for the Financial Statements
- Auditor’s Responsibility
- Opinion

Report on Other Legal and Regulatory Requirements [or otherwise as appropriate] (wherever applicable)

The auditor’s report shall be signed and dated and shall also contain the place of signature along with membership number of the auditor signing the report and the FRN of the firm, as applicable.

COMPARATIVE ILLUSTRATION OF FORMAT OF AUDITOR’S REPORT (NON-MODIFIED) BEFORE AND AFTER APPLICABILITY OF SA 700 (REVISED) – AUDIT OF FINANCIAL STATEMENTS PREPARED UNDER COMPANIES ACT, 1956



Illustrative format of Audit Report applicable till 31.03.2012
[Before application of SA 700 (revised)]
Illustrative format of Audit Report applicable from 01.04.2012
[After application of SA 700 (Revised)]
AUDITORS’ REPORT

To the Members of ABC Company Limited

We have audited the attached balance sheet of ABC Company Limited (“the Company”) as at 31 March 20XX and the statement of profit and loss for the period ….. annexed thereto.





These financial statements are the responsibility of the Company’s management.

















Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in India. Those Standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement.

An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements.









An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation.

We believe that our audit provides a reasonable basis for our opinion. 


























As required by the Companies (Auditor’s Report) Order, 2003, as amended, issued by the Central Government of India in terms of sub-section (4A) of Section 227 of the Companies Act, 1956, (“the Act”) we enclose in the Annexure a statement on the matters specified in paragraphs 4 and 5 of the said Order.
Further to our comments in the annexure referred to above, we report that:

(a) we have obtained all the information and explanations which to the best of our knowledge and belief were necessary for the purpose of our audit;

(b) in our opinion proper books of account as required by law have been kept by the Company so far as appears from our examination of those books [and proper returns adequate for the purposes of our audit have been received from branches not visited by us];

(c) the Balance Sheet, Statement of Profit and Loss, and Cash Flow Statement dealt with by this Report are in agreement with the books of account [and with the returns received from branches not visited by us;

(d)  in our opinion, the Balance Sheet, Statement of Profit and Loss, and Cash Flow Statement comply with the Accounting Standards referred to in subsection (3C) of section 211 of the Companies Act, 1956;

(e) on the basis of written representations received from the directors as on March 31, 20XX, and taken on record by the Board of Directors, none of the directors is disqualified as on March 31, 20XX, from being appointed as a director in terms of clause (g) of sub-section (1) of section 274 of the Companies Act, 1956.

(f) in our opinion and to the best of our information and according to the explanations given to us, the said accounts give the information required by the Act in the manner so required, and give a true and fair view, in conformity with the accounting principles generally accepted in India:

(a) in the case of the Balance Sheet, of the state of affairs of the Company as at March 31, 20XX;

(b) in the case of the Profit and Loss Account, of the profit/ loss for the year ended on that date; and

(c) in the case of the Cash Flow Statement, of the cash flows for the year ended on that date.

INDEPENDENT AUDITOR’S REPORT

To the Members of ABC Company Limited


Report on the Financial Statements
We have audited the accompanying financial statements of ABC Company Limited (“the Company”), which comprise the Balance Sheet as at March 31, 20XX, and the Statement of Profit and Loss and Cash Flow Statement for the year then ended, and a summary of significant accounting policies and other explanatory information.

Management’s Responsibility for the Financial Statements

Management is responsible for the preparation of these financial statements that give a true and fair view of the financial position, financial performance and cash flows of the Company in accordance with the Accounting Standards referred to in sub-section (3C) of section 211 of the Companies Act, 1956 (“the Act”). This responsibility includes the 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.

Auditor’s Responsibility

Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our 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.

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, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the Company’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances. 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.

We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.

Opinion

In our opinion and to the best of our information and according to the explanations given to us, the financial statements give the information required by the Act in the manner so required and give a true and fair view in conformity with the accounting principles generally accepted in India:

(a) in the case of the Balance Sheet, of the state of affairs of the Company as at March 31, 20XX;

(b) in the case of the Profit and Loss Account, of the profit/ loss for the year ended on that date; and

(c) in the case of the Cash Flow Statement, of the cash flows for the year ended on that date.

Report on Other Legal and Regulatory Requirements

 1. As required by the Companies (Auditor’s Report) Order, 2003 (“the Order”) issued by the Central Government of India in terms of sub-section (4A) of section 227 of the Act, we give in the Annexure a statement on the matters specified in paragraphs 4 and 5 of the Order.

2. As required by section 227(3) of the Act, we report that:

a. we have obtained all the information and explanations which to the best of our knowledge and belief were necessary for the purpose of our audit;

b. in our opinion proper books of account as required by law have been kept by the Company so far as appears from our examination of those books [and proper returns adequate for the purposes of our audit have been received from branches not visited by us];

c. the Balance Sheet, Statement of Profit and Loss, and Cash Flow Statement dealt with by this Report are in agreement with the books of account [and with the returns received from branches not visited by us;


d. in our opinion, the Balance Sheet, Statement of Profit and Loss, and Cash Flow Statement comply with the Accounting Standards referred to in subsection (3C) of section 211 of the Companies Act, 1956;


e. on the basis of written representations received from the directors as on March 31, 20XX, and taken on record by the Board of Directors, none of the directors is disqualified as on March 31, 20XX, from being appointed as a director in terms of clause (g) of sub-section (1) of section 274 of the Companies Act, 1956.


Thank to CA Vinay Parmar