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CA RAVI AGARWAL’S MENTORING PROGRAM

CA FINAL / INTER /FOUNDATION

CA FINAL

AUDIT AMENDMENT
MAY 22 & NOV 22

by CA RAVI AGARWAL
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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal

TOPIC PAGE NO

AUDIT OF DIVIDENDS 02

COMP ANY AUDIT 02-05

CARO 2020 05-10

AUDIT COMMITTEE AND CORPORATE GOVERNANCE 11-14

AUDIT OF CFS 14

BANK AUDIT 15-28

INSURANCE AUDIT 28-29

NBFC AUDIT 29-31

AUDIT UNDER FISCAL L AWS 31-34

AUDIT OF PSU 34-36

LIABILITIES OF AUDITOR 36

OPERATIONAL AUDIT 36-37

PEER REVIEW 37-41

PROFESSIONAL ETHICS 41-52

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal

AUDIT OF DIVIDEND-SEC 123-127

Unpaid Dividend Account

Penalty for contraven on u/s 124


Sec on 124 of the Act provides that the if a company fails to comply with any of the
requirements of this sec on, such company shall be liable to a penalty of one lakh rupees and in
case of con nuing failure, with a further penalty of five hundred rupees for each day a er the
first during which such failure con nues, subject to a maximum of ten lakh rupees. Every
officer of the company who is in default shall be liable to a penalty of twenty-five thousand
rupees and in case of con nuing failure, with a further penalty of one hundred rupees for each
day a er the first during which such failure con nues, subject to a maximumof two lakh
rupees.

COMPANY AUDIT
Casual Vacancy by Resigna on
SECTION 140(3) Consequences of Non- Compliance
As per sec on 140(2), the auditor who has resigned from the company shall file within a period
of 30 days from the date of resigna on, a statement in the prescribed Form ADT–3 (as per Rule8
of CAAR) with the company and the Registrar, and in case of the companies referred to in
sec on 139(5) i.e. Government company, the auditor shall also file such statement with the
Comptroller and Auditor-General of India, indica ng the reasons and other facts as may be
relevant with regard to his resigna on. In case of failure, the auditor shall be liable to a penalty
which shall not be less than fi y thousand rupees or the remunera on of the auditor,
whichever is less, and in case of con nuing failure, with further penalty of five hundred rupee
for each day a er the first during which such failure con nues, subject to a maximum of
two lakh rupees as per sec on 140(3).

Du es of Auditor:-

Duty to audit report:


SECTION 143(3) OTHER ELEMENTS TO BE COVERED IN AUDIT REPORT
(j) Rule 11 of the Companies (Audit and Auditors) Rules, 2014 prescribe the other ma ers to
be included in auditor’s report. The auditor’s Report shall also include their views and
comments on the following ma ers, namely:-
(1) Whether the company has disclosed the impact, if any, of pending li ga ons on its
Financial posi on in its financial statement;

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal


(2) Whether the company has made provision, as required under any law or accoun ng
Standards, for material foreseeable losses, if any, on long term contracts including
Deriva ve contracts;
(3) Whether there has been any delay in transferring amounts, required to be transferred,
to the Investor Educa on and Protec on Fund by the company.

(4) (i) Whether the management has represented that, to the best of its knowledge
And belief, other than as disclosed in the notes to the accounts, no funds have
been advanced or loaned or invested (either from borrowed funds or share
Premium or any other sources or kind of funds) by the company to or in any
Other person(s) or en ty(ies), including foreign en es (“Intermediaries”), with
the understanding, whether recorded in wri ng or otherwise, that the
Intermediary shall, whether, directly or indirectly lend or invest in other persons or
en es iden fied in any manner whatsoever by or on behalf of the company
(“Ul mate Beneficiaries”) or provide any guarantee, security or the like onbehalf
of the Ul mate Beneficiaries;
(ii) Whether the management has represented, that, to the best of it’s knowledge
and belief, other than as disclosed in the notes to the accounts, no funds have
been received by the company from any person(s) or en ty(ies), including
foreign en es (“Funding Par es”), with the understanding, whether recorded in
wri ng or otherwise, that the company shall, whether, directly or indirectly,
lend or invest in other persons or en es iden fied in any manner whatsoever by or onbehalf
of the Funding Party (“Ul mate Beneficiaries”) or provide any
guarantee, security or the like on behalf of the Ul mate Beneficiaries; and
(iii) Based on such audit procedures that the auditor has considered reasonable
and appropriate in the circumstances, nothing has come to their no ce that has
caused them to believe that the representa ons under sub-clause (i) and (ii)
contain any material mis-statement.

(5) Whether the dividend declared or paid during the year by the company is in compliance
with sec on 123 of the Companies Act, 2013.

(6) [Whether the company, has used such accoun ng so ware for maintaining its books
of account which has a feature of recording audit trail (edit log) facility and the same has
been operated throughout the year for all transac ons recorded in the so ware and the
audittrail feature has not been tampered with and the audit trail has been preserved by
the company as per the statutory requirements for record reten on.]
Audit Trail means, a step-by-step sequen al record which provides evidence of the
documented history of financial transac ons to its source. An auditor can trace every step
of, the financial data of a par cular transac on right from the general ledger to its source
document with the help of the audit trail.

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal

“The auditor of the company shall, in his report under sec on 143, make a statement as to
whether the remunera on paid by the company to its directors is in accordance with the
provisions of this, sec on, whether remunera on paid to any director is in excess of the limit
laid down under this sec on and give such other details as may be prescribed”.
The aforesaid repor ng requirement for auditors of public companies needs to be covered in
auditor’s report under the Sec on “Report on Other Legal and Regulatory Requirements”.
Accordingly, auditors of public companies are advised to comply with the aforesaid repor ng
requirements in their auditor’s reports.

Sec on 147 of the Companies Act, 2013 prescribes following


punishments for contraven on:

(1) If any of the provisions of sec ons 139 to 146 (both inclusive) is contravened, the company
shall be punishable with fine which shall not be less than twenty-five thousand rupees but
which may extend to five lakh rupees and every officer of the company who is in default shall
be punishable with fine which shall not be less than ten thousand rupees but which may extend
to one lakh rupees.

(2) If an auditor of a company contravenes any of the provisions of sec on 139, sec on 144 or
sec on 145, the auditor shall be punishable with fine which shall not be less than twenty-five
thousand rupees but which may extend to five lakh rupees or four mes the remunera on of
the auditor, whichever is less.
It may be noted that if an auditor has contravened such provisions knowingly or willfully with
the inten on to deceive the company or its shareholders or creditors or tax authori es, he
shall be punishable with imprisonment for a term which may extend to one year and with fine
which shall not be less than fi y thousand rupees but which may extend to twenty-five lakh
rupees or eight mes the remunera on of the auditor, whichever is less.

(3) Where an auditor has been convicted under sub-sec on (2), he shall be liable to:-
(i) refund the remunera on received by him to the company;
(ii) and pay for damages to the company statutory bodies or authori es or to members or
the creditors of the Company for loss arising out of incorrect or misleading statements
of par culars made in his audit report.

(4) The Central Government shall, by no fica on, specify any statutory body or authority of
an officer for ensuring prompt payment of damages to the company or the persons under
clause (ii) of sub-sec on (3) and such body, authority or officer shall a er payment of

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal


damages the such company or persons file a report with the Central Government in respect
of making such damages in such manner as may be specified in the said no fica on.

(5) Where, in case of audit of a company being conducted by an audit firm, it is proved that
the partner or partners of the audit firm has or have acted in a fraudulent manner or abe ed
or colluded in an fraud by, or in rela on to or by, the company or its directors or officers, the
liability, whether civil criminal as provided in this Act or in any other law for the me being in
force, for such act shall be the partner or partners concerned of the audit firm and of the firm
jointly and severally. However, in case of criminal liability of an audit firm, in respect of
liability other than fine, the concerned partner or partners, who acted in a fraudulent manner
or abe ed or, as the case may be, colluded in any fraud shall only be liable.

COMPANIES(AUDITOR REPORT) ORDER,2020


(Replaced byCARO,2016)
Repor ng Under CARO, 2020

In exercise of the powers conferred by sec on 143(11) of the Companies Act, 2013, the
Central Government, a er consulta on with the Na onal Financial Repor ng Authority
cons tuted under sec on 132 of the Companies Act, 2013, has issued the Companies
(Auditor’s Report) Order, 2020,(CARO, 20) dated 25th February, 2020.

1. Applicability of the Order: The CARO, 2020 is an addi onal repor ng requirement.
The order applies to every company including a foreign company as defined in clause
(42) of sec on 2 of the Companies Act, 2013. However, the Order specifically exempts
the following classes of companies:
(i) a banking company as defined in clause (c) of sec on 5 of the Banking Regula on
Act, 1949 (10 of 1949);
(ii) an insurance company as defined under the Insurance Act,1938 .
(iii) a company licensed to operate under sec on 8 of the Companies Act;
(iv) a One Person Company as defined under clause (62) of sec on 2 of the
Companies Act and a small company as defined under clause (85) of sec on 2 of
the Companies Act; and
(v) a private limited company, not being a subsidiary or holding company of a public
company, having a paid up capital and reserves and surplus not more than rupees
one crore as on the balance sheet date and which does not have total borrowings
exceeding rupees one crore from any bank or financial ins tu on at any point of
me during the financial year and which does not have a total revenue as
disclosed in Scheduled III to the Companies Act, 2013 (including revenue from
discon nuing opera ons) exceeding rupees ten crore during the financial year as

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal


per the financial statements.
2. Auditor's report to contain ma ers specified in paragraphs 3 and 4 - Every report
made by the auditor under sec on 143 of the Companies Act, 2013 on the accounts of every
company audited by him, to which this Order applies, for the financial year, shall in
addi on,contain the ma ers specified in paragraphs 3 and 4, as may be applicable.

It may be noted that the Order shall not apply to the auditor’s report on consolidated
financial statements except clause (xxi) of paragraph 3.

3. Ma ers to be included in the auditor's report - The auditor's report on the accounts of
a company to which this Order applies shall include a statement on the following ma ers,
namely:-
(i) (a) (A) whether the company is maintaining proper records showing full par culars, including
quan ta ve details and situa on of Property, Plant and Equipment;
(B) whether the company is maintaining proper records showing fullpar culars of intangible
assets;
(b) whether these Property, Plant and Equipment have been physically verified by the
management at reasonable intervals; whether any material discrepancies were no ced on such
verifica on and if so, whether the same have been properly dealt with in the books of account;
(c) whether the tle deeds of all the immovable proper es (other than proper es where the
company is the lessee and the lease agreements areduly executed in favour of the lessee)
disclosed in the financial statements are held in the name of the company, if not, provide the details
thereof.
(d) whether the company has revalued its Property, Plant and Equipment(including Right of Use
assets) or intangible assets or both during the year and, if so, whether the revalua on is based on
the valua on by a Registered Valuer; specify the amount of change, if change is 10% or morein the
aggregate of the net carrying value of each class of Property, Plant and Equipment or intangible assets;
(e) whether any proceedings have been ini ated or are pending against thecompany for holding
any benami property under the Benami Transac ons (Prohibi on) Act, 1988 (45 of 1988) and
rules made thereunder, if so, whether the company has appropriately disclosed the details in its
financial statements;
(ii) (a) whether physical verifica on of inventory has been conducted at reasonable intervals by the
management and whether, in the opinion of the auditor, the coverage and procedure of such
verifica on by the management is appropriate; whether any discrepancies of 10% or more inthe aggregate
for each class of inventory were no ced and if so, whether they have been properly dealt with in the books
of account;
(b) whether during any point of me of the year, the company has been sanc oned working
capital limits in excess of five crore rupees, in aggregate, from banks
or financial ins tu ons on the basis of security of current assets; whether thequarterly returns or
statements filed by the company with such banks or financial ins tu ons are in agreement with
the books of account of the Company, if not, give details;

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal


(iii) whether during the year the company has made investments in, provided anyguarantee or
security or granted any loans or advances in the nature of loans, secured or unsecured, to
companies, firms, Limited Liability Partnerships or any other par es, if so,-
(a) whether during the year the company has provided loans or provided advancesin the nature
of loans, or stood guarantee, or provided security to any other
en ty [not applicable to companies whose principal business is to give loans],if so, indicate-
(A) the aggregate amount during the year, and balance outstanding atthe balance sheet date with
respect to such loans or advances and guarantees or security to subsidiaries, joint ventures and
associates;
(B) the aggregate amount during the year, and balance outstanding atthe balance sheet date with
respect to such loans or advances and guarantees or security to par es other than subsidiaries,
joint ventures and associates;
(b) whether the investments made, guarantees provided, security given andthe terms and
condi ons of the grant of all loans and advances in the
nature of loans and guarantees provided are not prejudicial to thecompany’s interest;
(c) in respect of loans and advances in the nature of loans, whether theschedule of repayment
of principal and payment of interest has beens pulated and whether the repayments or
receipts are regular;
(d) if the amount is overdue, state the total amount overdue for more thanninety days, and
whether reasonable steps have been taken by the company for recovery of the principal and
interest;
(e) whether any loan or advance in the nature of loan granted which has fallendue during the
year, has been renewed or extended or fresh loans granted
to se le the overdues of exis ng loans given to the same par es, if so,specify the aggregate
amount of such dues renewed or extended or se led by fresh loans and the percentage of the
aggregate to the total loans or advances in the nature of loans granted during the year [not
applicable to companies whose principal business is to give loans];
(f) whether the company has granted any loans or advances in the nature ofloans either
repayable on demand or without specifying any terms or
period of repayment, if so, specify the aggregate amount, percentage thereof to the total loans
granted, aggregate amount of loans granted toPromoters, related par es as defined in clause
(76) of sec on 2 of the Companies Act, 2013;
(iv) in respect of loans, investments, guarantees, and security, whether provisionsof sec
ons
185 and 186 of the Companies Act have been complied with, if not, provide the details thereof;
(v) in respect of deposits accepted by the company or amounts which are deemedto be
deposits, whether the direc ves issued by the Reserve Bank of India and
the provisions of sec ons 73 to 76 or any other relevant provisions of the Companies Act and
the rules made thereunder, where applicable, have been complied with, if not, the nature of
such contraven ons be stated; if an order has been passed by Company Law Board or Na onal
Company Law Tribunal or Reserve Bank of India or any court or any other tribunal, whether the

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal


same hasbeen complied with or not;
(vi) whether maintenance of cost records has been specified by the CentralGovernment under
sub-sec on (1) of sec on 148 of the Companies Act and whether such accounts and records have
been so made and maintained;
(vii) (a) whether the company is regular in deposi ng undisputed statutory duesincluding
Goods and Services Tax, provident fund, employees' state
insurance, income-tax, sales-tax, service tax, duty of customs, duty of excise, value added tax,
cess and any other statutory dues to the appropriate authori es and if not, the extent of the
arrears of outstanding statutory dues as on the last day of the financial year concerned for a
period of more than six months from the date they became payable, shall be indicated;
(b) where statutory dues referred to in sub-clause (a) have not been deposited onaccount of
any dispute, then the amounts involved and the forum where dispute is pending shall be
men oned (a mere representa on to the concerned Department shall not be treated as a
dispute);
(viii)whether any transac ons not recorded in the books of account have beensurrendered or
disclosed as income during the year in the tax assessments under the Income Tax Act, 1961 (43
of 1961), if so, whether the previously unrecorded income has been properly recorded in the
books of account during the year;
(ix) (a) whether the company has defaulted in repayment of loans or otherborrowings or in the
payment of interest thereon to any lender, if yes, the period and the amount of default to be
reported as per the format.
(b) whether the company is a declared wilful defaulter by any bank or financialins tu on or
other lender;
(c) whether term loans were applied for the purpose for which the loans were obtained; if not,
the amount of loan so diverted and the purpose for which it is used may be reported;
(d) whether funds raised on short term basis have been u lised for long termpurposes, if yes,
the nature and amount to be indicated;
(e) whether the company has taken any funds from any en ty or person on account of or to
meet the obliga ons of its subsidiaries, associates or joint ventures, if
so, details thereof with nature of such transac ons and the amount in eachcase;
(f) whether the company has raised loans during the year on the pledge of securi es held in its
subsidiaries, joint ventures or associate companies, if so, give details thereof and also report if
the company has defaulted in repaymentof such loans raised;
(x) (a) whether moneys raised by way of ini al public offer or further public offer (including
debt instruments) during the year were applied for the
purposes for which those are raised, if not, the details together with delays or default and
subsequent rec fica on, if any, as may be applicable, be reported;
(b) whether the company has made any preferen al allotment or private placementof shares or
conver ble debentures (fully, par ally or op onally conver ble)
during the year and if so, whether the requirements of sec on 42 and sec on 62 of the

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal

Companies Act, 2013 have been complied with and the funds raised have been used for the
purposes for which the funds were raised, if not, providedetails in respect of amount involved
and nature of non-compliance;
(xi) (a) whether any fraud by the company or any fraud on the company has beenno ced or
reported during the year, if yes, the nature and the amount
involved is to be indicated;
(b) whether any report under sub-sec on (12) of sec on 143 of the Companies Acthas been
filed by the auditors in Form ADT-4 as prescribed under rule 13 of Companies (Audit and
Auditors) Rules, 2014 with the Central Government;
(c) whether the auditor has considered whistle-blower complaints, if any, receivedduring the
year by the company;
(xii) (a) whether the Nidhi Company has complied with the Net Owned Funds toDeposits in the
ra o of 1:20 to meet out the liability;
(b) whether the Nidhi Company is maintaining ten per cent. unencumbered termdeposits as
specified in the Nidhi Rules, 2014 to meet out the liability;
(c) whether there has been any default in payment of interest on deposits orrepayment thereof
for any period and if so, the details thereof;
(xiii) whether all transac ons with the related par es are in compliance with sec ons177 and
188 of Companies Act where applicable and the details have been
disclosed in the financial statements, etc., as required by the applicableaccoun ng standards;
(xiv) (a) whether the company has an internal audit system commensurate withthe size and
nature of its business;
(b) whether the reports of the Internal Auditors for the period under audit wereconsidered by
the statutory auditor;
(xv) whether the company has entered into any non-cash transac ons with directorsor persons
connected with him and if so, whether the provisions of sec on 192
of Companies Act have been complied with;
(xvi) (a) whether the company is required to be registered under sec on 45-IA ofthe Reserve
Bank of India Act, 1934 (2 of 1934) and if so, whether the
registra on has been obtained;
(b) whether the company has conducted any Non-Banking Financial or HousingFinance
ac vi es without a valid Cer ficate of Registra on (CoR) from the Reserve Bank of India as per
the Reserve Bank of India Act, 1934;
(c) whether the company is a Core Investment Company (CIC) as defined in theregula ons made
by the Reserve Bank of India, if so, whether it con nues to fulfil the criteria of a CIC, and in case
the company is an exempted or unregistered CIC, whether it con nues to fulfil such criteria;

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal

(d) whether the Group has more than one CIC as part of the Group, if yes, indicatethe number
of CICs which are part of the Group;
(xvii)
whether the company has incurred cash losses in the financial year and in the
immediately preceding financial year, if so, state the amount of cash losses;
(xviii) whether there has been any resigna on of the statutory auditors during the year, if so,
whether the auditor has taken into considera on the issues, objec ons or
concerns raised by the outgoing auditors;
(xix) on the basis of the financial ra os, ageing and expected dates of realisa on offinancial
assets and payment of financial liabili es, other informa on
accompanying the financial statements, the auditor’s knowledge of the Board ofDirectors and
management plans, whether the auditor is of the opinion that no material uncertainty exists as
on the date of the audit report that company is capable of mee ng its liabili es exis ng at the
date of balance sheet as and when they fall due within a period of one year from the balance
sheet date;
(xx) (a) whether, in respect of other than ongoing projects, the company hastransferred
unspent amount to a Fund specified in Schedule VII to the Companies Act within a period of six
months of the expiry of the financial year in compliance with second proviso to sub-sec on (5)
of sec on 135 of the said Act;
(b) whether any amount remaining unspent under sub-sec on (5) of sec on 135 ofthe
Companies Act, pursuant to any ongoing project, has been transferred to special account in
compliance with the provision of sub-sec on (6) of sec on 135 of the said Act;
(xxi) whether there have been any qualifica ons or adverse remarks by the respec ve auditors
in the Companies (Auditor's Report) Order (CARO) reports of the
companies included in the consolidated financial statements, if yes, indicate thedetails of the
companies and the paragraph numbers of the CARO report containing the qualifica ons or
adverse remarks.

4. Reasons to be stated for unfavourable or qualified answers-


(a) Where, in the auditor's report, the answer to any of the ques ons referred to in paragraph 3is
unfavourable or qualified, the auditor's report shall also state the basis for such unfavourable or
qualified answer, as the case may be.
(b) Where the auditor is unable to express any opinion on any specified ma er, his report shall
indicate such fact together with the reasons as to why it is not possible for him to give his opinion
on the same.

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal

AUDIT COMMITTEE & CORPORATEGOVERNANCE

Applicability of LODR Regula ons-


Unless otherwise provided, these regula ons shall apply to the listed en ty who has listed anyof
the following designated securi es on recognised stock exchange(s):
• specified securi es listed on main board or SME Exchangeor Innovators Growth pla orm;
• non-conver ble securi es;
• Indian depository receipts;
• securi sed debt instruments;
• security receipts;
• units issued by mutual funds;
• any other securi es as may be specified by the Board.
(ADDITION)
The provisions of these regula ons which become applicable to listed en es on the basis of
market capitalisa on criteria shall con nue to apply to such en es even if theyfall below such
thresholds.
The provisions of these regula ons which become applicable to listed en es on the basis of
the criterion of the value of outstanding listed debt securi es shall con nue to Apply to such
en es even if they fall below such thresholds as men oned in sub-regula on (1A) of
Regula on 15.]
Key Features of audit commi ee
The Audit Commi ee may meet without the presence of any execu ves of the listed en ty.
Mee ng of audit commi ee
2 INDEPENDENT DIRECTORS INSTEAD OF 2 INDEPENDENT MEMBERS.
Powers of audit commi ee
The auditor should check whether the terms of reference of the Audit Commi ee have been
suitably framed men oning the above powers. It is mandatory for the above-men oned four
powers to be vested in the Audit Commi ee. The Board may delegate/vest further powers tothe
commi ee.
Role of audit commi ee
Consider and comment on ra onale, cost-benefits and impact of schemes involving merger,
demerger, amalgama on etc., on the listed en ty and its shareholders.

Resigna on
Above provisions will not apply if the auditor is disqualified due to Sec on 141 of theCompanies
Act, 2013.

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal


Audit Commi ee(Sec on 177 of the Companies Act ,2013)
As per sec on 177 read with Rule 6 of the Companies (Mee ngs of Board and its Powers)Rules,
2014, every listed public company and the following classes of companies shall cons tute an
Audit Commi ee –
(a) all public companies with a paid-up capital of ten crore rupees or more;
(b) all public companies having turnover of one hundred crore rupees or more;
(c) all public companies, having in aggregate, outstanding loans, debentures anddeposits,
exceeding fi y crore rupees.
However, following class of unlisted public companies shall not be covered:
1) a joint venture;
2) wholly owned subsidiary; and
3) a dormant company as covered u/s 455.
OBLIGATIONS WITH RESPECT TO EMPLOYEES INCLUDING SENIORMANAGEMENT,
KEY MANAGERIAL PERSONS, DIRECTORS AND PROMOTERS [REGULATIONS 17(2)
TO 17(4), 17A, 25(5), 25(6), 26(1),26 (2), 26(4) TO 26(6)]

2. A director shall not be a member in more than ten commi ees or act as chairperson of more
than five commi ees across all listed en es in which he /she is a director which shall be
determined as follows: (a) the limit of the commi ees on which a director may serve in all public
limited companies, whether listed or not, shall be included and all other companies including
private limited companies, foreign companies, high value debt listed en es
and companies under Sec on 8 of the Companies Act, 2013 shall be excluded; (b) for the purpose
of determina on of limit, chairpersonship and membership of the audit commi ee and the
Stakeholders' Rela onship Commi ee alone shall be considered.
6. The independent directors of the listed en ty shall hold at least one mee ng in a financial
year, without the presence of non-independent directors and members of the management and
all the independent directors shall strive to be present at such mee ng.
Note : A ‘high value debt listed en ty’ shall undertake Directors and Officers insurance (D and O
insurance) for all its independent directors for such sum assured and for such risks as may be
determined by its board of directors.
SUBSIDIARY OF LISTED ENTITY [REGULATIONS 16(C), 24 AND 46 AND PART C OF
SCHEDULE V]
5. A listed en ty shall not dispose of shares in its material subsidiary resul ng in reduc on of its
shareholding (either on its own or together with other subsidiaries) to less than or equal to 50%
or cease the exercise of control over the subsidiary without passing a special resolu on in its
General Mee ng except in cases where such divestment is made under a scheme of arrangement
duly approved by a Court/Tribunal, or under a resolu on plan duly approved under sec on 31 of
the Insolvency Code and such an event has been disclosed to the recognized stock exchanges
within one day of the resolu on plan being approved.

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal

Secretarial Audit and Secretarial Compliance Report of Listed En ty and itsMaterial


Unlisted Subsidiaries [Regula on 24A]

Every listed en ty and its material unlisted subsidiaries incorporated in India shall undertake
secretarial audit and shall annex a secretarial audit report given by a company secretary in prac ce,
in such form as specified, with the annual report of the listed en ty.
Every listed en ty shall submit a secretarial compliance report in such form as specified,to stock
exchanges, within sixty days from end of each financial year.
RISK MANAGEMENT COMMITTEE [REGULATION 21]
(a) The Board of Directors shall cons tute a Risk Management Commi ee.
(b) The Risk Management Commi ee shall have minimum three members with majority ofthem
being members of the board of directors, including at least one independent director and in case
of a listed en ty having outstanding SR equity shares, at least two thirds of the Risk Management
Commi ee shall comprise independent directors.
(c) The Chairperson of the Risk Management Commi ee shall be a member of the Board of
Directors and senior execu ves of the listed en ty may be members of the commi ee.
(d) The risk management commi ee shall meet at least twice in a year.
(e) The quorum for a mee ng of the Risk Management Commi ee shall be either two members
or one third of the members of the commi ee, whichever is higher, including at least one
member of the board of directors in a endance.
(f) The mee ngs of the risk management commi ee shall be conducted in such a mannerthat
on a con nuous basis not more than one hundred and eighty days shall elapse between any
two consecu ve mee ngs.
(g) The Board of Directors shall define the role and responsibility of the Risk Management
Commi ee and may delegate monitoring and reviewing of the risk management plan to the
commi ee and such other func ons as it may deem fit and such func on shall specifically
cover cyber security.
(h) It may be noted that the role and responsibili es of the Risk Management Commi ee shall
mandatorily include the performance of func ons specified in Part D of Schedule II.
(i) The provisions of this regula on shall be applicable to top 1000 listed en es, determinedon
the basis of market capitalisa on, as at the end of the immediate previous financial year.
(j) The Risk Management Commi ee shall have powers to seek informa on from any employee,
obtain outside legal or other professional advice and secure a endance of outsiders with
relevant exper se, if it considers necessary.
These procedures shall be periodically reviewed to ensure that execu ve management controls
risk through means of a properly defined framework. A majority of this Commi ee will be the
members of the Board of Directors. Senior execu ves of the company may be alsobe members
of the Commi ee, but the Chairperson of the Commi ee shall be a member of the Board of
Directors.

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal

REPORT ON CORPORATE GOVERNANCE [REGULATION 27 AND SCHEDULE II]


The listed en ty shall submit a quarterly compliance report on corporate governance in the
format as specified by the Board from me to me to the recognised stock exchange(s) within
21 days from the end of each quarter. The report shall be signed either by the Compliance
Officer or the Chief Execu ve Officer of the listed en ty.
The auditor should ascertain whether the Board of Directors have included in the AnnualReport
of the listed en ty, a separate sec on on corporate governance with a detailed compliance
report on corporate governance.
Any data in the report on corporate governance should not be inconsistent with that contained
in the financial statements.
Related Party Disclosure [Regula ons 23, 27, 46 and Schedule V]
The listed en ty shall submit a quarterly compliance report on corporate governance in the
format as specified by the Board from me to me to the recognised stock exchange(s) within
fi een days from close of the quarter.
Details of all material transac ons with related par es shall be disclosed therein. The report shall
be signed either by the compliance officer or the chief execu ve officer of the listed en ty. The
company shall disclose the policy on dealing with related party transac ons on its website and a
web link thereto shall be provided in the Annual Report.
The listed en ty shall disclose the transac ons with any person or en ty belonging to the
promoter/ promoter group which hold(s) 10% or more shareholding in the listed en ty, in the
format prescribed in the relevant accoun ng standards for annual results.
The listed en ty shall submit within 30 days from the date of publica on of its standalone and
consolidated financial results for the half year, disclosures of related party transac ons on a
consolidated basis, in the format specified in the relevant accoun ng standards for annual results
to the stock exchanges and publish the same on its website.
Provided that a ‘high value debt listed en ty’ shall submit such disclosures along with its
standalone financial results for the half year.

AUDIT OF CFS
RESPONSIBILITY OF AUDITORS OF THE CFS
Report on the ma ers given in the clauses (a) to (i) of sec on 143(3) of the Companies Act, 2013
for other ma ers under sec on 143(3)(j) read with rule 11 of the Companies (Audit andAuditors)
Rules, 2014, to comment on the ma ers specified in sub-rule (a),(b), (c), (d), (e), (f) and (g)to the
extent applicable.

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal

AUDIT OF BANKS
FORM AND CONTENT OF FINANCIAL STATEMENTS(Addi on)
Every banking company is required to prepare a Balance Sheet and a Profit and Loss Account inthe
forms set out in the Third Schedule to the Act or as near thereto as the circumstances admit.Form
A of the Third Schedule to the Banking Regula on Act, 1949, contains the form of Balance Sheet
and Form B contains the form of Profit and Loss Account.
Every banking company needs to comply with the disclosure requirements under the various
Accoun ng Standards, as specified under sec on 133 of the Companies Act, 2013, read with Rule7
of the Companies (Accounts) Rules 2014, in so far as they apply to banking companies orthe
Accoun ng Standards issued by the ICAI. It may be noted that implementa on of Indian
Accoun ng Standards (Ind AS) has been deferred by RBI for all scheduled commercial banks
presently.
It is per nent to state that prepara on of balance sheet of a bank usually involves prepara on
of standalone financial statements and consolidated financial statements. Prepara on of
Standalone financial statements involve consolida on of branch accounts and incorpora on of
various ver cals/departments of bank in case of a na onalized bank/public sector bank. The
detailed procedures in this regard may vary from bank to bank. In case of private banks, the
processes of accoun ng are centralized and there is noconcept of mandatory branch audit in
accordance with RBI guidelines.
Public sector banks and private banks are listed on recognized stock exchange and are required
to comply with SEBI regula ons including LODR.

SPECIAL CONSIDERATIONS IN IT/CIS ENVIRONMENT


The advent of working in CBS environment in banks coupled with changes in technology, use of
Different payment systems and integra on of Aadhar for cardless transac ons have changed the way
banking used to be in earlier mes. However, the technological developments have brought new
challenges for auditors as audit is required to be conducted through the system. Considering the
importance of IT systems in prepara on and presenta on of financial statements, it is impera ve that
bank should share detailed informa on with auditors like: -
• Overall IT policy, structure and environment of Bank’s IT system

• Data processing and data interface under various systems

• Data integrity and data security

• Business Con nuity plans and disaster control plans

• Accoun ng manual and cri cal accoun ng entries, their processes and involvement of IT
Systems.
• Controls over key aspects, use of various account heads, expense booking, overdue
Iden fica on etc.
• Controls on recording of various e-banking and internet banking products and channels

• MIS reports being generated and their periodicity

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal

• Major excep on reports and process of genera on including embedded logic

• Process of genera ng various informa on related to various disclosures in financial


statements and involvement of IT systems.
Overall review of IT environment and computerized accoun ng system has to be taken at
headoffice level. The branch auditors generally do not have access to IT policy and processes
implemented by the bank. Hence, based upon guidance and informa on received from Statutory
central auditors, branch auditors need to ensure that data review and analysis through CBS is
carried out and tests of controls and substan ve checking of sample transac ons is carried out at
branch level and results are shared with statutory central auditors.
INTERNAL AUDIT AND INSPECTION
Central audit and inspec on department in Banks is a combina on of centralized func on with
some level of decentraliza on which is usually headed by a Chief Audit Execu ve. It is responsible
for undertaking risk-Based Internal Audit (RBIA) as per the framework as s pulated by RBI. It is
also responsible for iden fica on of branches for revenue audit, appointment of concurrent
auditors, deciding their scope, mee ng the concurrent auditors, discussing their issues,
conduc ng trainings if needed, and review of work of concurrent auditors. The primary func on
is to ensure that the audit func on is handled smoothly, effec vely & efficiently.

Risk-based Internal audit is conducted based upon the risk assessment of business andcontrol
risks of branches. The risk assessment process includes: -

• Iden fica on of inherent business risks in various ac vi es undertaken by branches (Business


risk)

• Assessment of effec veness of control systems for monitoring inherent risks of business
ac vi es of branch (Control risk)

• Making an assessment of level and direc on of various risk areas and assess level and
direc on of overall business risk and control risk

• Drawing up of risk matrix taking into account factors viz. Risk of branch.

INTERNAL CONTROL IN BANKS IN SELECTED AREAS


CLEARINGS
• Under the Cheque Trunca on System (CTS) implemented by RBI, an electronic image of the
cheque is transmi ed to the paying branch through the clearing house, along with relevant
informa on like data on the MICR band, date of presenta on, presen ng bank, etc. This
effec vely eliminates the associated cost of movement of the physical cheques, reduce s the me
required for their collec on.
• As per RBI guidelines, the branch is required to either call the customer or email him for any
cheque received for the amount of 5 lakh and above in respect of inward clearings. The Auditor
may verify the compliance on test check basis.

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal


• The Auditor is to check whether signature of the drawer of the cheque is being verified by the
staff or not as else there will be liability of the paying bank under all circumstances.
• The unpaid cheques received in outward clearing should be either sent to the customers attheir
recorded address or the customers be informed to collect the same from bank branch.

VERIFICATION OF ASSETS
CASH, BANK BALANCES AND MONEY AT CALL AND SHORT NOTICE - The Third
Schedule to the Banking Regula on Act, 1949, requires disclosures to be made in the balance
sheet regarding cash, balances with Reserve Bank of India, balances with otherbanks and
money at call and short no ce.
Audit approach: The auditor’s basic objec ve in verifica on of these items is their existence and
completeness as on date of balance sheet and audit procedures have to be tailored to meet
these. Remember that cash would be appearing in balance sheet of almost all branches. However,
in most of the branches of a bank, there will be no bank account requiring repor ng except in
branches with treasury opera ons. Similarly, ac vity pertaining to money at call and short no ce
is handled by treasury department of the bank at head office level.
Banks have a robust system of internal controls pertaining to cash like joint custody of two
responsible officers, checking of cash at periodic intervals etc due to higher risk of
misappropria on. Similarly, the balance with other banks (in case of applicable
branches) are reconciled periodically. The auditor has to be sa sfied about effec ve opera on and
implementa on of internal controls in this area.
CASH :-
• Carry out the physical verifica on of cash (including foreign currency, if any, cash at ATM and
cash at cash deposit machines) as close to the balance sheet date as possible.
• The cash balance as physically verified should be agreed with the balance shown in the cash
register/balance in CBS.
Balance with Reserve Bank of India:-
• Verify the ledger balances in each account with reference to the bank confirma on cer ficates
and reconcilia on statements as at the year-end.
• Review the reconcilia on statements, paying special a en on to the following items appearing
in the reconcilia on statements:
o Cash transac ons remaining unresponded;
o Revenue items requiring adjustments/write-offs; and
o Other credit and debit entries originated in the statement provided by RBI remaining
responded for More than 15 days.
Balance with Other Banks (Other than Reserve Bank of India):-
Apart from the procedures described above in examining the balances with Reserve Bank of
India, while reviewing the reconcilia on statements, the auditor should pay par cular a en on to
the following.
• Examine that no debit for charges or credit for interest is outstanding and all the items which
ought to have been taken to revenue for the year have been so taken.
• Examine that no cheque sent or received in clearing is outstanding.
• Examine that all bills or outsta on cheques sent for collec on and outstanding as on theclosing
date have been credited subsequently.
• Examine large transac ons in inter-bank accounts to ensure that no transac ons have been
put through for window-dressing par cularly towards the close of year.

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal


The balances with banks outside India should also be verified in the manner described above.These
balances should be converted into the Indian currency at the exchange rates prevailing on the
balance sheet date.
Money at Call and Short No ce:-
• Examine whether there is a proper system of authorisa on, general or specific, for lending ofthe
money at call or short no ce. Compliance with the instruc ons or guidelines laid down
in this behalf by the head office or controlling office of the branch, including the limits onlending’s
in inter-bank call money market should also be examined.
• Call loans should be verified with the cer ficates of the borrowers and the call loan receiptsheld
by the bank.
• Examine whether the aggregate balances comprising this item as shown in the relevantregister
tally with the control accounts as per the general ledger.
• Examine subsequent repayments received from borrowing banks to verify the amounts shown
under this head as at the year-end. It may be noted that call loans made by a bankcannot be ne ed-
off against call loans received.
• Verify that the interest has been properly accrued and accounted for on year-end outstanding
balances of call/ short no ce money.
VERIFICATION OF INVESTMENTS
Physical Verifica on:-
Verify investments held with public debt office of RBI, custodians and depository with the
statement of holdings as on date of balance sheet. Independent balance confirma on requests
can be made in accordance with SA-505. In case independent confirma ons are not received
back, alterna ve audit procedures like ge ng bank personnel to download investment statement
from E-Kuber for government securi es (E-Kuber is CBS pla orm of RBI)in auditor’s presence can
be designed.

Examina on of classifica on and shi ing:-


• Examine that en re investment por olio of bank is classified under three categories i.e.HTM,
HFT and AFS and shi ing of securi es is as per regulatory norms and laid down policy.
VERIFICATION OF ADVANCES
Evalua on of Internal Controls over Advances
Examine area of credit appraisal and verify whether laid down procedures regarding credit
appraisals including loan applica ons, prepara on of proposals, obtaining sa sfac on about
credit worthiness of borrowers are being followed;
• Examine advances are sanc oned according to delegated authority;
• Examine all necessary loan documents have been executed a er sanc on but before
disbursals are made to borrowers;
• Examine compliance with s pulated terms of sanc on and end use of funds more par cularly in
case of term loans.
• Examine existence, enforceability and valua on of securi es . In respect of securi esrequiring
registra on, examine this area also.
•Examine the validity of the recorded amounts.
• Review opera ons of the accounts and look for adverse features like unauthorised over
drawings beyond limits;
• Examine whether system laid down in bank for review/renewals of advances is being
followed;

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal


• Review whether drawing power is being calculated properly on basis of stock/book debt
statements received from borrowers as s pulated in respec ve sanc on le ers.
•Ensure compliance with loan policy of bank as well as pruden al norms of RBI including
appropriate asset classifica on and provisioning.

Substan ve Audit Procedures(Amended Full):-


• Verify correctness of master data of loan accounts updated in CBS. Check parameters like
instalments, EMI, rate of interest, tenure of loans etc.
• Verify that each customer of bank is tagged under single customer id in respect of all its
accounts including those in which credit facili es are granted.
• Examine all large advances while other advances may be examined on a sample basis.
• Examine accounts iden fied to be problem accounts but which have not yet slipped into NPA
category. This can be done by obtaining list of SMA1 and SMA2 borrowers from the bank and
same can be considered for selec on of problema c accounts.
• Examine those accounts which have been adversely commented upon by concurrent
auditors/bank’s internal inspec on/RBI inspec on team.
• Examine list of restructured accounts to ensure that restructure is as per RBI guidelines.
Remember restructured account por olio requires addi onal provisioning.

• Examine quick/early mortality accounts. Any advance slippage to NPA within 12 months ofits
sanc on is called as quick/early mortality case.
• Verify completeness and accuracy of interest being charged.
• Carry out appropriate analy cal procedures.

Recoverability of Advances
Review auditor’s reports in case of borrowers having credit facili es from the bankingsystem
beyond a cut-off limit fixed by board of directors of bank.
Classifica on and Provision
• Verify whether bank has a system of ongoing iden fica on and classifica on of advances
through CBS without manual interven on and its accuracy in crystallising date of NPA.
• Examine whether the classifica on made by the branch is appropriate. Par cularly, examine
the classifica on of advances where there are threats to recovery.
• Examine whether the secured and the unsecured por ons of advances have beensegregated
correctly and provisions have been calculated properly.
• Review and compare the date of NPA of loan accounts men oned in current year statements
with that of previous year.Reasons for any change should be ascertained.

Accounts with temporary deficiencies


• Banks should not classify an advance account as NPA merely due to the existence of some
deficiencies which are temporary in nature such as non-availability of drawing power based on
latest available stock statement, balance outstanding exceeding the limit temporarily and non -
renewal of limits on the due date.
However, stock statements relied upon by the banks for determining drawing power should not
be older than 3 months.

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal


The outstanding in the account based on drawing power calculated from stock statements older
than 3 months are considered as irregular. Ensure adherence to these guidelines.

Asset classifica on to be borrower wise and not facility wise


Ensure that asset classifica on is borrower wise and not facility wise. Therefore, it is to beensured
that all the facili es granted by a bank to borrower will have to be treated as NPA
and not par cular facility which has become irregular. Further, if debits arising out of devolvement
of LC or invoked guarantees are kept in separate account, the outstanding balance should be
treated as part of borrower’s principal account for purpose of applica on ofpruden al norms on
asset classifica on, income recogni on and provisioning.

Provisioning Towards Standard Assets


The auditor should check the latest RBI Circulars in this regard. It is be understood that provision
for standard assets is also required to be made at variable rates in respect of different sectors for
the funded outstanding in accordance with RBI norms as a ma er of prudence.
The provisions need to be checked in detail with the statement of advances. The bifurca on of
standard advances under relevant category for proper calcula on of provision should be checked
and cer fied at branches level. The defini on of respec ve items specified should be adhered as
defined by RBI.

Restructured Advances
Restructuring is an act in which a lender, for economic or legal reasons rela ng to borrower’s
financial difficulty, grants concessions to the borrower. It may involve modifica on of terms of
advances including altera on of amount of instalments/altera on of repayment
period/rate of interest/sanc on of addi onal credit facili es etc. to help in curing of default. RBI
has given revised guidelines for treatment of restructured accounts by its circular. The auditor
should verify compliance with the requirements of the circular issued in this regard. Banks may
restructure the accounts classified under standard, substandard or doub ul categories. Banks
cannot restructure accounts with retrospec ve effect. Once the bank receives an
applica on/proposal in respect of an account for restructuring, it implies
that the account is intrinsically weak. Accordingly, during the me the account remains pending
for restructuring, the auditors need to take a view whether provision n eeds to be made in respect
of such accounts, pending approval for restructuring.
On restructuring, the account will be downgraded from Standard to substandard. NPAs will
remain in the same category.

Upgrada on of Account
Examine all the accounts upgraded from NPA to standard category during the year, to ensure that
the upgrading of each account is strictly in terms of RBI guidelines. There can be a possibility of
incorrect upgrada on of account on the basis of par al recoveries made in theaccount and
overdue por on might not have wiped out completely. There can also be a possibility of
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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal


recoveries being made in the account a er cut-off date and account being upgraded as on date
of balance sheet.

Verifica on of Sale/ Purchase of NPAs


In case of Sale/Purchase of NPA by Bank, the auditor should examine
• the policy laid down by the Board of Directors in this regard rela ng to procedures, valua on
and delega on of powers including non performing financial assets that may be
purchased/sold, norms or such purchase/sale, valua on procedure and accoun ng policy.
• only such NPA has been sold which has remained NPA in the books of the bank for at least 2
years.
• the assets have been sold/ purchased “without recourse’ only.i.e the en re credit risk
associated with the non-performing asset should be transferred to the purchasing bank.
• subsequent to the sale of the NPA, the bank does not assume any legal, opera onal or any other
type of risk rela ng to the sold NPAs.
• the NPA has been sold at cash basis only. Under no circumstances, NPA can be sold to another
bank at a con ngent price .The en re sale considera on has to be received onupfront basis.
• the bank has not purchased an NPA which it had originally sold.
In case of sale of an NPA, the auditor should also ensure that:
• on the sale of the NPA, the same has been removed from the books of the account of selling
bank on transfer;
• If the sale is at a price below the net book value (NBV) (i.e., book value less provisions held),
the shor all should be debited to the profit and loss account of that year.
• If the sale is for a value higher than the NBV, the excess provision shall not be reversed butwill
be u lised to meet the shor all/ loss on account of sale of other non -performing financial
assets.
Similarly, in case of purchase of NPAs, the auditor should verify that:
• the NPA purchased has been subjected to the provisioning requirements appropriate to the
classifica on status in the books of the purchasing bank.
• any recovery in respect of an NPA purchased from other banks is first adjusted against its
acquisi on cost and only the recovered amount in excess of the acquisi on cost has been
recognised as profit.
• for the purpose of capital adequacy, banks have assigned 100% risk weights to the NPAs
purchased from other banks.

Verifica on of Sta onery and Stamps


Ensure that the item “Sta onery and Stamps” includes only excep onal items of expenditure on
sta onery like bulk purchase of security paper which is to be wri en off over a
period of me. Such items should be valued at cost. Normal expenditure on sta onery is
charged to profit & loss account.
Therefore, this item may not appear at branch level as considerable part of sta onery is
supplied to branches by head office.
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• Evaluate the existence, effec veness and con nuity of internal controls over these items in the
normal course of audit. It may be noted that the branch auditor is required to specifically comment
on the adequacy of the relevant internal controls in the LFAR.
• Physically verify the sta onery and stamps on hand as at the year-end, especially sta onery of
security items. Any shortage should be inquired into as it could expose the bank to a poten al
loss from misuse.
• Examine whether the cost of sta onery and stamps consumed during the year has been
properly charged to the profit and loss account for the year in the context of the accoun ng
policy/instruc ons from the head office regarding treatment of cost of sta onery and stamps.

Non-Banking Assets Acquired in Sa sfac on of Claims


• Ensure that the heading includes those immovable proper es/tangible assets which thebank
has acquired in sa sfac on of debts due or its other claims and these are being
held with inten on of being disposed off.
• Verify such assets with reference to the relevant documentary evidence, e.g., terms of
se lement with the party, order of the Court or the award of arbitra on, etc.
• Check that the ownership of the property is legally vested with the bank. If there is any dispute
or other claim about the property, the auditor should examine whether the recording of the asset
is appropriate or not. In case the dispute arises subsequently, the auditor should examine
whether a provision for liability or disclosure of a con ngent liability is appropriate, keeping in
view the requirements of AS 29 "Provisions, Con ngent Liabili es and
Con ngent Assets".
• Ensure compliance with Sec on 9 of Banking Regula on Act, on holding period of such assets.
• Ensure that as at date of acquisi on, the assets should be recorded at lower of net bookvalue
of advance or net realizable value of asset acquired.
Verifica on of Deposits
In carrying out audit of deposits and liabili es, the auditor is primarily concerned with obtaining
reasonable assurance that all known liabili es are recorded and stated at appropriate amounts.
The following areas should be considered when audi ng Deposits:Current Accounts & Savings
Accounts (CASA)
Term Deposits
Deposits Designated in Foreign Currencies
The deposits accepted by banks are primarily of two types i.e those repayable on
demand and those repayable a er a fixed term. Current and saving accounts are the most
common form of demand deposits. Term deposits (fixed deposits etc. known under different
nomenclature in different banks) are repayable a er a specified period of me ranging from 7
days at present to say one year or five years. Recurring deposits are also an important variant of
term deposits in which a specified sum is deposited in the account at regular intervals for a pre-
determined period. At maturity, proceeds are repaid to depositors along with interest.

Deposits designated in foreign currencies e.g. Foreign currency non-resident deposits(FCNR) are

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal


accounts which are opened by Non-resident Indians in form of fixed deposit only.

Besides, there are some accounts like NRE [Non-Resident (External)Rupee account scheme] and
NRO [Non-Resident Ordinary Rupee account scheme]. NRE accounts may be opened by Non-
Resident Indians and persons of Indian origin. NRO accounts may be opened by all non- residents.
These accounts may be maintained in form of savings, current, recurring or fixed deposit and are
denominated in Indian Rupees.
Deposits would be appearing in balance sheet of most of the branches. Hence, these are of
concern to auditors at branch and central/head office level.
Audit Procedures:
The auditor may verify various types of deposits in the following manner:
Verfica on Current and saving accounts
• Verify on a sample basis current account and saving accounts opened during the year for
adherence to KYC norms. Verify that saving accounts are opened in name of individuals, HUF,
some approved ins tu ons like trusts, educa onal ins tutes etc. Remember that saving
accounts are not opened for business or professional concern. The business transac ons are
carried in current accounts which can be opened for all kind of customers like companies,
individuals, partnership firms etc.
• Verify the balances in individual accounts on a sample basis.
• Check the calcula ons of interest on a test check basis. Remember that no interest is paid
generally on current accounts by banks.
• Examine whether the procedure for obtaining balance confirma on periodically has been
followed consistently. Examine, on a sampling basis, the confirma ons received.
• Ensure that debit balances in current accounts are not ne ed out on the liabili es side butare
appropriately included under the head ‘advances’.
• Inopera ve accounts (both current and saving) are a high-risk area of frauds in banks. As per
RBI guidelines, a savings/ current account should be treated as inopera ve/dormant if there
are no transac ons in the account for over a period of two years. Verify on a sample basis some
of inopera ve accounts revived/closed during the year. Ensure that inopera ve accounts are
revived only with proper authority. In this regard, cases where there is significant reduc on in
balances of such accounts as compared to previous year, exam ine authorisa on for
withdrawals.

Term deposits
• Examine whether the deposit receipts and cash cer ficates are issued serially and all of themare
accounted for in the registers.
• Verify in case of bulk deposits (` 2 crore and above for scheduled commercial banks presently),
correct rate of interest has been offered.
• In case of closure of term deposit, test check whether required foreclosure penalty has been
deducted from applicable rate of interest payable.

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal


• Verify on sample basis some of recurring deposit accounts opened during the year.
• Verify correctness of rate of interest on term deposits on sample basis.

Deposits designated in foreign currencies


• Verify some of FCNR accounts opened during the year on sample basis and ensure these
conform to RBI direc ons.
• Verify on sample basis permissible credits and debits in FCNR accounts as per RBI direc ons.
• In case of FCNR accounts, examine whether these have been converted into Indian Rupeesat
rate no fied in this behalf by head office.
• Examine whether any resultant increase or decrease has been taken to the profit and loss
account.
• Verify that interest on deposits has been paid on the basis of 360 days in a year.

Others
• In case of NRE and NRO accounts, verify on a sample basis credits and debits as per RBI
guidelines. Also check repatriablity. NRE accounts are repatriable whereas NRO accounts are
not repatriable except for all current income subject to certain condi ons.

General
Verify that deposits of a bank are not inflated for purpose of balance sheet presenta on. For
example, some customers might be given overdra s near date of balance sheet and the
resultant overdrawn amounts may be placed as deposits with banks and further advances may
be given on strength and security of these deposits. It would lead to inflated deposits aswell as
advances. The transac ons may be reversed a er close of the year. In such cases which
indicate the possibility of window-dressing, the auditor should consider making a suitable
qualifica on in main audit report besides other applicable repor ng.
• Examine that interest accrued but not due on deposits is not included under the relevant
deposits but is shown under the head ‘other liabili es and provisions’.
• Ensure that framework rela ng to ‘Know Your Customer’ and An - Money Launderingmeasures
is formulated and put in place by the bank.

CONTINGENT LIABILITIES
Con ngent Liabili es
- Claims against the bank not acknowledged as debts
- Liability for partly paid investments
- Liability on account of outstanding forward exchange contracts & Deriva veContracts
- Guarantees given on behalf of cons tuents (within India; outside India)
- Acceptances, endorsements and other obliga ons
- Other items for which the bank is con ngently liable

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal


Bills for Collec on
Audit Approach
In respect of con ngent liabili es, the auditor is primarily concerned with seeking reasonable
assurance that all con ngent liabili es are iden fied and properly valued. Theauditor should
obtain representa on from management that:-
(i) all off-balance sheet transac ons have been accounted in the books of accounts asand when
such transac on has taken place;
(ii) all off balance sheet transac ons have been entered into a er following dueprocedure laid
down;
(iii) all off balance sheet transac ons are supported by the underlying documents;
(iv) all year end con ngent liabili es have been disclosed;
(v) the disclosed con ngent liabili es do not include any crystallised liabili es which are of the
nature of loss/ expense and which, therefore, require crea on of a provision/adjustment in the
financial statements;
(vi) the es mated amounts of financial effect of the con ngent liabili es are based on thebest
es mates in terms of Accoun ng Standard 29, including considera on of the possibility of any
reimbursement;
(vii) in case of guarantees issued on behalf of the bank’s directors, the bank has taken
appropriate steps to ensure that adequate and effec ve arrangements have been made so that
the commitments would be met out of the party’s own resources and that the bank will not be
called upon to grant any loan or advances to meet the liability consequent upon the invoca on
of the said guarantee(s) and that no viola onof sec on 20 of the Banking Regula on Act, 1949
has arisen on account of such guarantee; and
(viii) such con ngent liabili es which have not been disclosed on account of the fact that the
possibility of their outcome is remote include the management’s jus fica on for reaching such
a decision in respect of those con ngent liabili es.

Verifica on of Liability on Account of Outstanding Forward Exchange


Contracts & deriva ve contracts
• Verify the outstanding forward exchange contracts with the statement of outstanding forward
exchange contracts generated from the bank’s computerised accoun ng system ormanual
register maintained by the branch. The auditor may physically verify the
underlying documents including confirma ons from merchants to test the existence of such
outstanding contracts.
• The auditor may verify outstanding deriva ve contracts like op ons, interest rate swaps etc
with reports generated in this regard.

Format of Audit Report


As per repor ng requirements cast through Rule 11 of the Companies (Audit and Auditors)
Rules, 2014 the auditor’s report shall also include their views and comments on the following
ma ers, namely:

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal


(1) whether the company has disclosed the impact, if any, of pending li ga ons on itsfinancial
posi on in its financial statement;
(2) whether the company has made provision, as required under any law or accoun ng standards,
for material foreseeable losses, if any, on long term contracts including deriva ve contracts;
(3) whether there has been any delay in transferring amounts, required to be transferred, to the
Investor Educa on and Protec on Fund by the company.
(4) (i) Whether the management has represented that, to the best of it’s knowledge and belief,
other than as disclosed in the notes to the accounts, no funds have
been advanced or loaned or invested (either from borrowed funds or share premium or any
other sources or kind of funds) by the company to or in any other person(s) or en ty(ies),
including foreign en es (“Intermediaries”), withthe understanding, whether recorded in wri ng
or otherwise, that the Intermediary shall, whether, directly or indirectly lend or invest in other
persons or en es iden fied in any manner whatsoever by or on behalf of the company
(“Ul mate Beneficiaries”) or provide any guarantee, security or the like on behalf of the Ul mate
Beneficiaries;

(ii) Whether the management has represented, that, to the best of it’s knowledge and belief,
other than as disclosed in the notes to the accounts, no funds have been received by the
company from any person(s) or en ty(ies), including
foreign en es (“Funding Par es”), with the understanding, whether recordedin wri ng or
otherwise, that the company shall, whether, directly or indirectly, lend or invest in other persons
or en es iden fied in any manner whatsoeverby or on behalf of the Funding Party (“Ul mate
Beneficiaries”) or provide any guarantee, security or the like on behalf of the Ul mate
Beneficiaries; and

(iii) Based on such audit procedures that the auditor has considered reasonableand appropriate in
the circumstances, nothing has come to their no ce that has caused them to believe that the
representa ons under sub-clause (i) and (ii) contain any material mis-statement.
(5) Whether the dividend declared or paid during the year by the company is incompliance with
sec on 123 of the Companies Act, 2013.
(6) [Whether the company, in respect of financial years commencing on or a er the 1st April,
2022,] has used such accoun ng so ware for maintaining its books of account which has a
feature of recording audit trail (edit log) facility and the same has been operated throughout the
year for all transac ons recorded in the so ware and the audit trail feature has not been
tampered with and the audit trail has been preserved by the company as per the statutory
requirements for record reten on.]

Long Form Audit Report


Besides the audit report as per the statutory requirements discussed above, the terms of
appointment of auditors of public sector banks, private sector banks and foreign banks (as well as
their branches), require the auditors to also furnish a long form audit report (LFAR). The longform

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal


audit report is to be given by statutory branch auditors as well as statutory central auditors. The
LFAR for branch auditors is in form of ques onnaire where observa ons/comments have to be
provided on range of ma ers including cash, balance
with banks, investments, advances, deposits etc. These are submi ed by the statutory branch
auditors to statutory central auditors.
The consolida on is done at head office level and LFAR for bank is submi ed by statutory central
auditors to management. The LFAR, on the bank, a er due examina on, should be placed before
the ACB of the bank indica ng the ac on taken/proposed to be taken for rec fica on of the
irregulari es, if any, men oned therein; and a copy of the LFAR and therela ve agenda note,
together with the Board's views or direc ons, is submi ed to RBI within 60 days of submission of
LFAR by statutory auditors.

Concurrent Audit
Scope of Concurrent Audit
The detailed scope of the concurrent audit should be clearly and uniformly determined for the
Bank as a whole by the Bank’s Central Inspec on and Audit Department in consulta on with the
Bank’s Audit Commi ee of the Board of Directors (ACB). In determining the scope, importance
should be given to checking high-risk transac ons having large financial implica ons as opposed
to transac ons involving lesser amounts. The detailed scope ofthe concurrent audit may be
determined and approved by the ACB.
Further, the guidelines issued by the RBI cover all the key areas of ac vi es of the branchwhich is
under concurrent audit. Most banks have prepared an Audit Manual for this purpose. Broadly
stated, the following areas are covered by these guidelines:
Scope of Concurrent Audit in BanksCash
Deposits Advances Investments Foreign Exchange House Keeping Other Items

Coverage of Business/Branches
The scope of work to be entrusted to concurrent auditors, coverage of business/branches, etc.
is le to the discre on of the head of internal audit of banks with the due prior approvalof the
Audit Commi ee of the Board of Directors (ACB).
Banks may, however, ensure that risk sensi ve areas iden fied by them as per their specific
business models are covered under concurrent audit. The detailed scope of the concurrent
audit may be determined and approved by the ACB.
The broad areas of coverage under concurrent audit shall be based on the iden fied risk ofthe
unit and must include random transac on tes ng of sufficiently large sample of such
transac ons wherever required.

Appointment of Concurrent Auditors and Accountability


• The op on to consider whether concurrent audit should be done by bank’s ownstaff or external
auditors is le to the discre on of individual banks.
• In case the bank has engaged its own officials, they should be experienced, well

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CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal


trained and sufficiently senior. The staff engaged on concurrent audit must beindependent of the
branch where concurrent audit is to be conducted.
• ACB of the bank shall decide the maximum tenure of external concurrent auditors with the
bank. Generally, tenure of external concurrent auditors with a bank shall not be more than five
years on con nuous basis. However, no concurrent auditor shall be allowed to con nue with a
branch/business unit for aperiod of more than three years.
• If external firms are appointed and any serious acts of omissions or commissions are no ced in
their working their appointments may be cancelledand the fact may be reported to RBI & ICAI.

Repor ng Systems
• There should be proper repor ng of the findings of the concurrent auditors. For thispurpose,
each bank should prepare a structured format. The major deficiencies/ aberra ons no ced
during audit should be highlighted in a special note and given
immediately to the bank’s branch/controlling offices. A quarterly review containing key features
brought out during the concurrent audits should be placed before the ACB.
• There should be zone-wise repor ng of the findings of the concurrent audit to ACB andan
annual appraisal/report of the audit system should be placed before the ACB.
• Before submission of the report the auditor should discuss the important issues on which
he/she wishes to report with the branch manager and concerned officers. This willenable the
auditor to take into considera on the opposite view point and clarify any doubts.
• Minor irregulari es pointed out by the concurrent auditors are to be rec fied in a mely
manner. Serious irregulari es should be reported to the controlling offices/ Head Offices for
immediate ac on.
• Whenever fraudulent transac ons are detected, they should immediately be reported to
Inspec on & Audit Department (Head Office) as also the Chief Vigilance Officer as well
as Branch Managers concerned (unless the branch manager is involved).
• Follow-up ac on on the concurrent audit reports should be given high priority by the
controlling office/Inspec on and Audit Department and rec fica on of the features donewithout
any loss of me.

AUDIT OF INSURANCE COMPANIES


Audit of Life Insurance Companies
1. Actuarial Process
2. Underwri ng
3. Reinsurance
4. Free Look Cancella on
5. Policy lapse and revival
6. Policy Surrender
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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal


7. Premium Collec on, Accoun ng and reconcilia on
8. Claims
9. Investments

Role of Auditor: The auditor should, inter alia, do the following for verifica on of commission:

• Ensure that commission/brokerage is not paid in excess of the limits specified by IRDAI

• Ensure that commission/brokerage is paid as per rates with the agent and rates filed with
IRDAI

• Ensure that commission/brokerage is paid to the agent/broker who has solicited the
business

• Ensure that the agent/broker is not blacklisted by IRDAI and is not terminated for fraudetc.

• Vouch disbursement entries with reference to the disbursement vouchers with copies of
commission bills and commission statements.

• Check whether the vouchers are authorised by the officers-in–charge as per rules in force
and income tax is deducted at source, as applicable.

• Test check correctness of amounts of commission allowed.

• Scru nise agents’ ledger and the balances, examine accounts having debit balances, if
any,and obtain informa on on the same. Necessary rec fica on of accounts and other
remedial ac ons have to be considered.

• Check whether commission outgo for the period under audit been duly accounted.

AUDIT OF NON BANKING FINANCECOMPANIES


Non Performing assets

Non-Performing Asset (referred as “NPA”) shall mean:


• an asset, in respect of which, interest has remained overdue for a period ofsix months or more;
• a term loan inclusive of unpaid interest, when the installment is overdue for a period of six months
or more or on which interest amount remained overdue
• for a period of six months or more;
• a demand or call loan, which remained overdue for a period of six months ormore from the date of
demand or call or on which interest amount remained overdue for a period of six months or more;
• a bill which remains overdue for a period of six months or more;
• the interest in respect of a debt or the income on receivables under the head‘other current assets’
in the nature of short term loans/advances, which facility remained overdue for a period of six
months or more;
• any dues on account of sale of assets or services rendered or reimbursementof expenses incurred,
which remained overdue for a period of six months or more;

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal


• NBFCs covered in Non-Banking Financial Company - Systemically Important
• Non-Deposit taking Company and Deposit taking Company (Reserve Bank) Direc ons, 2016, period
of ‘six months or more’ s pulated in sub-clauses (a)to (f) shall be ‘three months or more’, for the
financial year ended March 31,2018 and therea er].
• This implies for NBFCs covered in Non-Banking Financial Company – Non-Systemically Important
Non-Deposit taking Company (Reserve Bank) Direc ons, 2016, the criteria is 6 months only.
• the lease rental and hire purchase instalment, which has become overdue for a period of twelve
months or more;
• [NBFCs covered in Non-Banking Financial Company - Systemically Important Non-Deposit taking
Company and Deposit taking Company (Reserve Bank) Direc ons, 2016, the period of ‘twelve
months or more’ s pulated in this sub-clause shall be ‘three months or more’ for the financial year
ended March 31, 2018 and therea er].
• It implies that as per Non-Banking Financial Company – Non-Systemically Important Non-Deposit
taking Company (Reserve Bank) Direc ons, 2016, thecriteria is 12 months only.
• in respect of loans, advances and other credit facili es (including bills purchased and discounted),
the balance outstanding under the credit facili es(including accrued interest) made available to
the same borrower/beneficiary when any of the above credit facili es becomes non-performing
asset. [Provided that in the case of lease and hire purchase transac ons, an
• applicable NBFC shall classify each such account on the basis of its record of recovery.

Compliance with CARO 2020

As per CARO 2020, the auditor is required to report that –

I.(a) Whether during the year the company has made investments in, provided anyguarantee or
security or granted any loans or advances in the nature of loans, secured or unsecured, to
companies, firms, Limited Liability Partnerships or any other par es, If so,
(b) whether the investments made, guarantees provided, security given and theterms and
condi ons of the grant of all loans and advances in the nature of loans and guarantees
provided are not prejudicial to the company’s interest;
(c) in respect of loans and advances in the nature of loans, whether the scheduleof repayment
of principal and payment of interest has been s pulated and whether the repayments or
receipts are regular;
(d) if the amount is overdue, state the total amount overdue for more than ninety days, and
whether reasonable steps have been taken by the company for recovery of the principal and
interest;
(f) whether the company has granted any loans or advances in the nature of loanseither
repayable on demand or without specifying any terms or period of repayment, if so, specify
the aggregate amount, percentage thereof to the total loans granted, aggregate amount of
loans granted to Promoters, related par es as defined in clause (76) of sec on 2 of the
Companies Act, 2013; [Paragraph 3(iii)]
(II) (a) Whether the company is required to be registered under sec on 45-IA of theReserve Bank
of India Act, 1934 and if so, whether the registra on has been obtained.
(b) Whether the company has conducted any Non-Banking Financial or Housing Finance ac vi es
without a valid Cer ficate of Registra on (CoR) from the Reserve Bank of India as per the Reserve
Bank of India Act, 1934;
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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal


(c) Whether the company is a Core Investment Company (CIC) as defined in theregula ons made
by the Reserve Bank of India, if so, whether it con nues to fulfil the criteria of a CIC, and in case
the company is an exempted or unregistered CIC, whether it con nues to fulfil such criteria;
(d) Whether the Group has more than one CIC as part of the Group, if yes, indicate the number of
CICs which are part of the Group; [Paragraph 3(xvi)]

AUDIT UNDER FISCAL LAWS


NOTE:
With effect from assessment year 2022-23, the threshold limit, for a person carryingon
business, has been increased from ` 1 crore to ` 10 crores in case when cash receipts and
payments made during the year does not exceed 5% of total receipt or payment, as the case
may be. In other words, 95% or more of the business transac ons should be done through
banking channels.
Clause (8A)
Clause (8A), The new clause inserted in part A of the form 3CD requires the assesseeto state
whether the assessee has opted for taxa on under any of the 115BA/115BAA/115BAB/
115BAC/ 115BAD.
It may be noted that all the above sec ons i.e.115BA, 115BAA and 115BAB are applicable to the
company assesses only.The reply to the above clause can either bea “yes” or “no”. If the
assessee has not opted for any concessional rates as provided
under the sec ons 115BA, 115BAA, 115BAB, 115BAC and 115BAD, of the Act, then, thetax
auditor is not required to take any further steps and no further audit procedure is required to
be followed.
The answer to such ques on as per the clause in such case can be given as “No” only.
However, if the assessee informs that it has opted for the confessional rate of taxa on asper
the provisions of sec ons 115BA, 115BAA, 115BAB, 115BAC and 115BAD of the Act, then the
audit approach is required to be modified.

Audit checklist for prac cal understanding:


Check whether the assesse is a company.
If yes, whether the company has opted for taxa on regime under sec on 115BA/115BAA/
115BAB and report accordingly?
If yes, whether the copy of Form 10-IB / 10-IC /10-ID filed online has been obtained from the
assessee?
Clause 17
Clause 17: Where any land or building or both is transferred during the previous yearfor a
considera on less than value adopted or assessed or assessable by any authority of a State
Government referred to in sec on 43CA or 50C, please furnish:
Details of property, Considera on received or accrued, Value adopted or assessed or assessable,
Whether provisions of second proviso to subsec on (1) of sec on 43CA or fourthproviso to clause
(x) of sub-sec on (2) of sec on 56 applicable? [Yes/No]

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal


Audit checklist for prac cal understanding :
(i)Obtain par culars of all land or building or both transferred during the previous year.(ii)Obtain
following details :
(a) Considera on stated in transfer documents
(b) Value adopted or assessed or assessable by any authority of a State Government.

Clause 18
Par culars of deprecia on allowable as per the Income-tax Act, 1961 inrespect of each asset or
block of assets, as the case may be, in the following form:-
(a) Descrip on of asset/block of assets.
(b) Rate of deprecia on.
(c) Actual cost or wri en down value, as the case may be.
(ca) Adjustment made to the wri en down value under sec on 115BAC/115BAD (forassessment
year 2021-22 only).
(cb) Adjustment made to wri en down value of Intangible asset due to excluding value of goodwill
of a business or profession.
(cc) Adjusted wri en down value.
(d) Addi ons/deduc ons during the year with dates; in the case of any addi on ofan asset, date
put to use; including adjustments on account of –
(i) Central Value Added Tax credits claimed and allowed under the Central Excise Rules, 1944, in
respect of assets acquired on or a er 1st March,1994,
(ii) Change in rate of exchange of currency, and
(iii) Subsidy or grant or reimbursement, by whatever name called.
(e) Deprecia on allowable.
(f) Wri en down value at the end of the year.

Audit checklist for prac cal understanding :


(i) Wherever, the full deduc on of the cost of capital goods is allowed (e.g. expenditure on
Scien fic Research u/s. 35) the auditor should verify that the cost of such asset is not included in
the block of assets for the purpose of deprecia on. Descrip on of Asset [Clause 18(a)]
- Obtain fixed asset register of the assessee.
- Check the classifica on of the assets into different blocks whether the same hasbeen done
correctly or not. This is necessary because in most cases rate rate at which deprecia on is
charged in accounts is different from the rate at which the same is charged for tax purposes.
(ii) Rate of Deprecia on [Clause 18(b)]
- The auditor should go through the rates of deprecia on prescribed for different categories of
assets. Ensure that the addi onal deprecia on is claimed under sec on 32(1)(iia) at rate
prescribed under that sec on.
(iii) Actual Cost or Wri en Down Value of the Asset [Clause 18(c)]
- Verify opening WDV with the Form 3CD/ tax return submi ed for immediately preceding
previous year.

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal

- Verify the segrega on of the assets acquired during the year between the assetsused for 180
days or more and the assets used for less than 180 days.
- In case of an asset newly coming into existence during the previous year, the auditor shall check
some samples of vouchers reflec ng payment made by the assessee to check the actual cost of
the asset. In case any amount is capitalised and added to the purchase price, the auditor shall
check whether the amount eligible for capitalisa on has only been capitalised.
- Basis of determining cost of intangible assets should be examined carefully.
- For verifying CENVAT credit, the auditor shall go through the excise records tofind out CENVAT
credit availed of by the assessee during the previous year.
- In case an asset is purchased in foreign currency on deferred payment basis, theauditor shall
verify the increment/decrement in liability thereof on the basis of change in rate of exchange of
currency. The change in rate of exchange can be verified from the RBI bulle n. The auditor shall take note
of provision of sec on 43A in terms of which only such liability due to fluctua on in foreign exchange,
which is taken into account at the me of making the payment, irrespec ve of themethod of accoun ng
adopted by the assessee can only be added to the actual cost of the asset.
- In case of subsidy the auditor can verify the existence thereof by going through the le er of
appropriate authority gran ng the subsidy and the receipt thereof canbe verified from the bank
records on test check basis.
(iv) [Clause 18(ca, cb & cc)]: Check whether the assessee company has opted for special taxa on
under sec on 115BAC/115BAD during the AY 2021-22? Adjustment made to wri en down value
of Intangible asset due to excluding value of goodwill of a business orprofession If yes, calculate
the adjusted WDV and report.
(v) Sale or Purchase of Asset During the Year [Clause 18(d)]
- The auditor shall review the fixed assets register and check the dates of addi ons/deduc ons of
the assets on a sample basis.
- Obtain a list of assets sold/demolished/discarded during the year and ensure that WDV thereof
is reduced from the WDV of the block of assets.
- Obtain copies of the documents rela ng to acquisi on/sale of fixed assets.
(vi) Deprecia on Allowable [Clause 18(e)]
- The auditor shall check whether the deprecia on is calculated by applying the correct rate of
deprecia on on the wri en down value at year end applicable incase of the asset concerned.
- The wri en down value of the block at the year end is calculated correctly by taking the relevant
figure at the beginning of year and adjusted in respect of theaddi ons/deduc ons during the
year.
- The auditor shall check whether any asset has been put to use for less than 180days because in
respect of such an asset only 50 per cent of the amount of deprecia on is allowable.
(vii) Wri en Down Value at the Year End [Clause 18(f)]
- The auditor shall check the WDV at the beginning of the year in respect of each ofthe blocks of
assets.
- The auditor shall check that current amount of deprecia on is calculated on the WDV at the
beginning of the year as adjusted by the addi ons/dele ons during the

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal


year. The correctness of the amount of deprecia on can be checked by verifyingthe rates of
deprecia on applicable as specified in Appendix I and IA to Income Tax Rules, 1962.
(viii) Check the calcula on of deprecia on and ensure that the deprecia on is correctlycomputed.

Clause 32(a): Details of brought forward loss or deprecia on allowance, in thefollowing


manner, to the extent available:
Sl No., Assessment year, Nature of loss / allowance(in rupees), Amount as returned*(in rupees),
All losses/ allowances not allowed under sec on 115BAA /115BAC/115BAD, Amountas adjusted
by withdrawal of addi onal deprecia on on account of op ng for taxa on under Sec on
115BAC/ 115BAD^, Amount as assessed (give reference to relevant order), Remarks

Note: *If the assessed deprecia on is less and no appeal pending then take assessed.Note: ^To be
filled in for assessment year 2021-2022 only.’’:
This clause requires informa on in respect of brought forwarded losses and unabsorbed
deprecia on, which can be verified from the previous return and the assessment orders. The
above brought forwarded losses/allowance, not allowed under sec on 115BAA/115BAC/115BAD,
are to be listed out assessment year wise and sec on wise as perthe return (and where assessed,
as per the assessment order) are to be reported under this clause. A repor ng format is
prescribed for the sake of standardiza on.
Note: Amount as adjusted by withdrawal of addi onal deprecia on on account of op ng for
taxa on under sec on 115BAD* is required to be filled in for assessment year 2021-22 only.

AUDIT OF PUBLIC SECTOR UNDERTAKINGS


PROPRIETY AUDIT
Propriety Elements under CARO, 2020 Page No. 306 (Replaced by CARO, 2016)
Clause (iii)
(b) whether the investments made, guarantees provided, security given and the terms and
condi ons of the grant of all loans and advances in the nature of loans and guarantees provided
are not prejudicial to the company’s interest;
(c) in respect of loans and advances in the nature of loans, whether the schedule of repayment of
principal and payment of interest has been s pulated and whether therepayments or receipts are
regular;
(d) if the amount is overdue, state the total amount overdue for more than ninety days, and
whether reasonable steps have been taken by the company for recovery of the principal and
interest;
(f) whether the company has granted any loans or advances in the nature of loans either
repayable on demand or without specifying any terms or period of repayment, if so, specify the
aggregate amount, percentage thereof to the total loans granted,
aggregate amount of loans granted to Promoters, related par es as defined in clause

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal


(76) of sec on 2 of the Companies Act, 2013;
Clause (iv)
in respect of loans, investments, guarantees, and security, whether provisions
of sec ons 185 and 186 of the Companies Act have been complied with, if not, provide thedetails
thereof;
Clause (viii)
whether any transac ons not recorded in the books of account have been surrendered or
disclosed as income during the year in the tax assessments under the
Income Tax Act, 1961 (43 of 1961), if so, whether the previously unrecorded income hasbeen
properly recorded in the books of account during the year;
Clause (ix)
(b) whether the company is a declared wilful defaulter by any bank or financialins tu on or other
lender;
(c) whether term loans were applied for the purpose for which the loans were obtained; if not,
the amount of loan so diverted and the purpose for which it is used may be reported;
(d) whether funds raised on short term basis have been u lised for long term purposes,if yes, the
nature and amount to be indicated;
(e) whether the company has taken any funds from any en ty or person on account ofor to meet
the obliga ons of its subsidiaries, associates or joint ventures, if so,
details thereof with nature of such transac ons and the amount in each case;
(f) whether the company has raised loans during the year on the pledge of securi es held in its
subsidiaries, joint ventures or associate companies, if so, give details thereof and also report if the
company has defaulted in repayment of such loansraised;
Clause (x)
(a) whether moneys raised by way of ini al public offer or further public offer (including debt
instruments) during the year were applied for the purposes for which those are raised, if not, the
details together with delays or default and subsequent rec fica on, if any, as may be applicable, be
reported;
(b) whether the company has made any preferen al allotment or private placement ofshares or
conver ble debentures (fully, par ally or op onally conver ble) during the year and if so, whether
the requirements of sec on 42 and sec on 62 of the Companies Act, 2013 have been complied with and
the funds raised have been usedfor the purposes for which the funds were raised, if not, provide details in
respect of amount involved and nature of non-compliance;
Clause (xi)
(a) whether any fraud by the company or any fraud on the company has been no cedor reported
during the year, if yes, the nature and the amount involved is to be indicated;
(b) whether any report under sub-sec on (12) of sec on 143 of the Companies Act has been filed
by the auditors in Form ADT-4 as prescribed under rule 13 of Companies (Audit and Auditors)
Rules, 2014 with the Central Government;
(c) whether the auditor has considered whistle-blower complaints, if any, receivedduring the year
by the company;
Clause (xiii)

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal


whether all transac ons with the related par es are in compliance with sec ons 177 and 188 of
Companies Act where applicable and the details have beendisclosed in the financial statements,
etc., as required by the applicable accoun ng standards;
Clause (xv)
whether the company has entered into any non-cash transac ons with
directors or persons connected with him and if so, whether the provisions of sec on 192of
Companies Act have been complied with;
Clause (xviii)
whether there has been any resigna on of the statutory auditors during the year, if so, whether
the auditor has taken into considera on the issues, objec ons orconcerns raised by the outgoing
auditors;

LIABILITIES OF AUDITOR
LIABILITIES UNDER INCOME TAX ACT 1961
Under Sec on 271J of the Income Tax Act: As per sec on 271J of the Income Tax Act, if
an accountant or a merchant banker or a registered valuer, furnishes incorrect informa on in a
report or cer ficate under any provisions of the Act or the rules made thereunder, the
Assessing Officer or the Commissioner (Appeals) may direct him to pay a sum of ten thousand
rupees for each such report or cer ficate by way of penalty. [ sec on 271J].

OPERATIONAL AUDIT
Review of Systems and Procedure
The purpose of systems and procedures is to help management in the planning and
accomplishment of organisa onal goals, in communica ng their requirements, and in assis ng
the personnel in carrying out the requirements. The review of systems and procedures is to
improve the methods, to get away from the old ways and tradi onal rou nes and to reduce the
cost in comple ng and processing the paperwork - elimina ng waste, duplica on and
inefficiencies. In reviewing any system or procedure, the management auditor must concern
himself with its purpose as well as its design and then he must decide on its merits as the best
serving the interests of the enterprise.
In the study of the systems and procedural func ons, the auditor should ask himself:
1. Is the func on properly located in the organisa on?
2. Do the staff personnel have the necessary training and experience to perform the work?
3. Has a definite programme been established and has been taken for its a en ve
accomplishment?
4. Is produc vity sa sfactory?
The evalua on of a system or a procedure actually includes three separate considera ons.
First, is the system or procedure mee ng all of the current requirements? Second, is it
opera ng effec vely? And third, what is the degree of effec veness? To determine whetherthe

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal


system or procedure is mee ng current requirements, the following among other things should
be considered:
1. Is the system or procedure designed to promote the achievement of the company’s
objec ves, and is it accomplished effec vely?
2. Does the system or procedure operate within the framework of the organisa onalstructure?
3. Does the system or procedure adequately provide methods of control in order to obtain
maximum performance with the least expenditure of me and effort?
4. Do the rou nes designated in the system or procedures indicate performance in a logical
sequence?
5. Does the system or procedure provide the means for effec ve coordina on between one
department and another?
6. Have all required func ons been established?
7. Has the necessary authority been designated to carry out responsibili es?
8. Can any changes be made to improve effec veness?

PEER Review
Scope Of Peer Review
As per the Statement, Technical, Professional and Ethical Standards – means

(i) Accoun ng Standards issued by ICAI that are applicable for en es other than companiesunder
the Companies Act, 2013;

(ii) Accoun ng Standards prescribed under sec on 133 of the Companies Act; 2013 by the
Central Government based on the recommenda on of ICAI and in consulta on with and a er
examina on of the recommenda ons made by the Na onal Financial Repor ng Authority
(NFRA);

(iii) Indian Accoun ng Standards prescribed under sec on 133 of the Companies Act 2013 by
the Central Government based on the recommenda on of ICAI and in consulta on with NFRA
and no fied as Companies (Indian Accoun ng Standards) Rules, 2015, as amended from me to
me;

(iv) Standards issued by the Ins tute of Chartered Accountants of Indiaincluding-

Engagement and Quality Control Standards

Applicability
Prac ce Units subject to Review

1. Every Prac ce Unit including its branches, based on their category as determined below will
be subject to Peer Review in accordance with this Statement.

Level I: A Prac ce Unit which has undertaken any of the under-men oned assurance services in
the period under review shall be treated a Level I en ty:

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal

(i) Statutory Central Audit of any Bank or Insurance Company

(ii) Statutory Audit of Central or State Public Sector Undertakings and Central Coopera ve
Socie es having turnover exceeding Rs.250 crores or net worth exceeding Rs.5 crores.

(iii) Statutory Audit of asset management companies or mutual funds.

(iv) Statutory Audit of enterprises whose equity or debt securi es are listed in India or abroad as
defined under SEBI (Lis ng Obliga ons and Disclosure Requirements) Regula ons, 2015.

(v) Statutory audit of any body corporate including trusts which are covered under public
interest en es.

(vi) Statutory Audit of en es which have raised funds from public or banks or financial
ins tu ons or by way of dona ons/contribu ons over Rs.50 Crore rupees.

(vii) Statutory Audit of en es having net worth of more than Rs.100 crore or havingturnover of
Rs.250 crore or above.

(viii) Statutory Audit of en es which have been funded by Central and / or State
Government(s) schemes of over Rs.50 Crore.

(ix) Statutory Audit of Non – Banking Financial Companies (NBFCs) having deposits of Rs.100
crore, or above.

(x) Statutory Audit of En es preparing the financial statements as per Ind AS.

Level II: A Prac ce Unit which has undertaken any of the under-men oned assurance services in
the period under review shall be treated as Level II en ty:

(i) Statutory / Internal / Concurrent / Systems / Tax audit and / or Departmental Review of
Branches / Offices of -

(a). Public Sector undertaking


(b) Any bank
(c). Any Insurance Company

(ii) Statutory Audit of Non – Banking Financial Companies (NBFCs) not covered in L-1 above,

(iii) UDIN’s generated by the Prac ce Units more than the specified number determined bythe
Board from me to me.

(iv) Any other Prac ce Unit providing assurance or other services not covered under (i) (ii),and
(iii) hereinabove.

2. Special case review :

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal

The Board, based on specific informa on received from Secretary, ICAI or Disciplinary
directorate or any other Regulator , which in the opinion of the Board requires a special review
of the Prac ce Unit, may conduct a special review of the Prac ce Unit for a period tobe
determined in each case.

PEER REVIEW BOARD


Mee ng Requirement
At least one mee ng shall be held in every calendar quarter. Eligibility to be a reviewer

1. A Peer Reviewer shall: -

(a) Shall be a member in prac ce with at least 7 years of audit experience.

(b) In case a member has moved from industry to prac ce and is currently in prac ce heshould
have at least 10 years of audit experience in industry and at least 3 years audit experience in
prac ce.

(c) Should have undergone the requisite training and cleared the requisite test for Peer Review as
prescribed by the Board.

2. A member on being appointed as a Reviewer shall be required to furnish-

(a) a declara on as prescribed by the Board, at the me of Empanelment as a Peer Reviewer.

(b) a Declara on of Confiden ality as per Annexure A to this Statement while giving consentfor
appointment as a Peer Reviewer.

3. A member shall not be eligible for being appointed as a Reviewer of a Prac ce Unit, if -

(i) any disciplinary ac on / proceeding is pending against him;

(ii) he has been found guilty of professional or other misconduct by the Council or the Board of
Discipline or the Disciplinary Commi ee at any me

(iii) he has been convicted by a competent court whether within or outside India, of an offence
involving moral turpitude and punishable with imprisonment,

(iv) he or his partners have any obliga on or conflict of interest in the Prac ce Unit.

(v) He has undergone training/ar cleship under any of the partner of Prac ce Unit.

4. A Reviewer shall not accept any professional assignment from the Prac ce Unit for a periodof
next two years from the date of appointment. Further, he should not have accepted any
professional assignment from the Prac ce Unit for a period of two years before the date of
appointment as reviewer of that Prac ce Unit.

OBLIGATIONS OF THE PEER REVIEWER

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal


(i) The Reviewer shall not take any extracts of the Prac ce Units clients’ file or recordsexamined
by him while conduc ng Peer Review, as a part of his working papers.

(ii) The Reviewer shall complete the Review within the prescribed me frame and submit the
report to the Board.

(iii) The Reviewer shall document all his working papers and submit a copy of his working papers
to the Board, if called for by the Board within 18 months of submission of Review Report.

THE PEER REVIEW PROCESS


Selec on of Prac ce Unit & appointment of Reviewer

(ii) A detailed declara on cum ques onnaire in the form approved by the Board shall be
submi ed by the Prac ce Unit within seven days from the date the Prac ce Unit (PU) has been
no fied by the Board so that Reviewer to be allo ed from the Panel of three reviewers can be
iden fied by the Board as per declara on cum ques onnaire submi ed by Prac ce Unit.

Planning

(i) Informa on to be furnished by Prac ce Unit: On in ma on by the Board, of the Reviewer’s


consent, the Prac ce Unit shall within 2 days provide the copy of completely filled up
ques onnaire earlier submi ed with Board to the Reviewer along with: Detai ls of any
proceedings against the Prac ce Unit or any of its partners or qualified assistants taken by any
regulatory, monitoring or enforcement bodies rela ng to inves ga on or allega on of deficiency
in the conduct of a est func on by them during the period of three financial years preceding the
period of review or at any me therea er i.e. ll the date ofsubmission of the duly filled-in
Ques onnaire.

(ii) Informa on to be furnished by Peer Review Board: The Peer Review Board shall call for
relevant informa on from the UDIN Directorate and may share the concerned details with Peer
Reviewer which shall form part of Peer Review.

(iii) Selec on of Sample by the Reviewer:

(a) The Reviewer shall within 7 days of receiving the informa on from the Prac ce Unit selecta
sample of the assurance services that he would like to Review and in mate the same to the
Prac ce Unit and the Peer Review Board.

(b) The Reviewer may also seek further / addi onal clarifica on from the Prac ce Unit on the
informa on furnished / not furnished.

(c) The Reviewer shall plan for an on–site Review visit or ini al mee ng inconsulta on with the
Prac ce Unit. The Reviewer shall give the Prac ce Unit at least five days’ me to keep ready
the necessary records of the selected assurance services.

(d) The Reviewer and Prac ce Unit shall mutually co-operate and ensure that the en re Review

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal


process is completed within 60 days from the date of no fying the Prac ce Unitabout its selec on
for Review.

EXECUTION:-

(i) Peer Review Visits: Peer Review visits will be conducted at the Prac ce Unit's head office or
/and branch(es) or any other loca ons. This on-site Review should not extend beyond seven
working days based on the size of the Prac ce Unit.
REPORTING:-
(i) Discussion/Communica on of Findings
(a) A er comple ng the on-site review, the Reviewer, before making his Report to the Board,
shall communicate his findings to the Prac ce Unit if in his opinion, the systems and
procedures are deficient or non-compliant with reference to any ma er that has been no ced
by him or if there are other ma ers where he wants to seek clarifica on.

(b) The Prac ce Unit shall, within 5 days of the date of receipt of the findings, make its
submissions or representa ons, in wri ng to the Reviewer.

PEER REVIEW CERTIFICATE:-


On receipt of the Peer Review Report, the Board shall within three months:
(a) Issue a Peer Review Cer ficate to the Prac ce Unit men oning the validity period.

(b) Inform the Prac ce Unit that a Peer Review cer ficate cannot be issued along with the
reasons therefor as well inform the Prac ce Unit about the due date for conduc ng a follow on
review.

PROFESSIONAL ETHICS
Non-Compliance with Laws and Regula ons (NOCLAR)
In the course of providing a professional service to a client or carrying out professional ac vi es for an
employer, a Professional accountant may come across an instance of non-compliance with laws and
regula ons (NOCLAR) or suspected NOCLAR commi ed or about to be commi ed by the client or the
employer, or by those charged with governance, management or employees ofthe client or employer.
Non-compliance with laws and regula ons (“non-compliance”) comprises of acts of omission or
commission, inten onal or uninten onal, which are contraryto the prevailing laws or regula ons
commi ed by:

anisa on.

loying
organisation.

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal


However, NOCLAR under Revised Code of Ethics does not address the personalmisconduct unrelated to the
business ac vi es of the client/ employing organisa on and non-compliance by par es other than listed
out in the defini on of NOCLAR.
As per IESBA, following examples would be covered in NOCLAR:-Fraud, corrup on and bribery
Money laundering, terrorist financing and proceeds of crimeSecuri es markets and trading
Banking and other financial products and servicesData protec on
Environmental protec on Public health and safety

Tax and pension liabili es and payments


The objec ve of NOCLAR is that - turning a blind eye to poten al NOCLAR is notan appropriate response
from professional accountants, while placing renewedemphasis on the roles of management and those
charged with governance in addressing the ma er. Further, it increases awareness and understanding
among Professional accountant of their legal and regulatory responsibili es when they face NOCLAR.
Some important facts about NOCLAR are given below:

During Course of Providing a Service : NOCLAR will be applicable if a professional accountantencounters,


or is made aware of, non-compliance or suspected non-compliance in the course of providing a
professional service to aclient. He is not required to inves gate, nor responsible for ensuring compete
compliance.
Exper se of Laws not Required: A professional accountant is expected to apply knowledge and exper se,
and exercise professional judgment. However, he is not expected to have a level of knowledge of laws and
regula ons greater thanthat which is required to undertake the engagement.
Whether an act cons tutes non-compliance is ul mately a ma er to bedetermined by a court or other
appropriate adjudica ve body.
Certain Ma ers Expressly out of Purview: Ma ers that are clearly inconsequen al, or rela ng to personal
misconduct pertaining to businessac vi es of the client not covered.
Disclosure, which is Contrary to Law not Required: As per IESBA Code, disclosure of the ma er to an
appropriate authority would be precluded if doing so would be contrary to law or regula on.

NOCLAR vs. SA 250

1. SA 250 is applicable only on Audit, and not on other Assurance engagements. However,
NOCLAR is applicable on professional accountants in service, and in prac ce. Among those in
prac ce, it applies to Auditors, as well as professional services other than Audit. However,
degree of responsibility of the professional accountant varies as per the role.
2. SA 250 talks of auditor’s responsibili es for laws having direct effect on the determina on of
material amounts and disclosures in the financial statements (such as tax and labour laws);and
other laws and regula ons that do not have a direct effect on the determina on of the
amounts and disclosures in the financial statements, but compliance with which may be
fundamental to the opera ng aspects of the business. NOCLAR, while being alike to SA 250 ll
this point, is further ahead of it in that it takes into account non-compliance that causes
substan al harm resul ng in serious consequences in financial or non-financial terms.
3. SA 250 does not define stakeholders. NOCLAR is related to affect of non -compliance on
investors, creditors, employees as also the general public.
4. As per NOCLAR, in excep onal circumstances, the professional accountant might become
aware of an imminent breach of a law or regula on that would cause substan al harm to
investors,creditors, employees or the general public. Having first considered whether it would
be appropriate to discuss the ma er with management or those charged with governance of

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the company, the accountant shall exercise professional judgment and determine whether to
disclose the ma er immediately to an appropriate authority in order to prevent or mi gate the
consequences of such imminent breach. If disclosure is made, that disclosure is permi ed. This
provision is not existent in SA 250.

Applicability of NOCLAR in India:


The IESBA Code of Ethics makes NOCLAR applicable toall assignments (in case of members in
prac ce), and to all employers (in case of members in service). However, in the ICAI Code, as of
now, Ins tute has restricted applicability of NOCLAR to Audits assignment of listed en es (in
case of members in prac ce) and for the members in service applicability has been restricted to
employees of listed en es only.

It may also be noted that in a situa on where disclosure ought to be made by the Auditor, the
“Appropriate authority” for the purpose of disclosure will depend on the nature of thema er.
Forexample, the appropriate authority would be SEBI in the case of fraudulent financial
repor ng. Appropriate alignment has been made in the Code with regard to requirements of
Confiden ality, as required under Chartered Accountants Act, 1949.

Provisions of Confiden ality under Chartered Accountants Act, 1949

For Members in prac ce – Clause (1) of Part -I of First schedule to The Chartered AccountantsAct,
1949 : A chartered accountant in prac ce shall be deemed to be guilty of professional misconduct,
if he discloses informa on acquired in the course of his professional engagement to any person
other than his client so engaging him, without the consent of his client or otherwise than as
required by any law for the me being in force;
For Members in service - Clause (2) of Part-II to the Second Schedule of the Chartered
Accountants Act, 1949 : A member of the Ins tute, whether in prac ce or not, shall be deemedto
be guilty of professional misconduct, if he being an employee of any company, firm or person,
discloses confiden al informa on acquired in the course of his employment except as and when
required by any law for the me being in force or except as permi ed by the employer;
Documenta on Requirements in NOCLAR :
Revised Code over and above require the professional accountant to follow the addi onal
documents requirements as under:
• How management / those charged with governance have responded to the ma er.
• The course of ac on the accountant considered, the judgments made and the decisions that
were taken, having regard to the reasonable and informed third party test.
• How the accountant is sa sfied that the responsibility of public interest has been fulfilled. This
documenta on is in addi on to complying with the documenta on requirements under
applicable audi ng standards. SAs, for example, require a professional accountant performing an
audit of financial statements to:
• Prepare documenta on sufficient to enable an understanding of significant ma ers arising

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

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during the audit, the conclusions reached, and significant professional judgments made in
reaching those conclusions;
• Document discussions of significant ma ers with management, those ch arged with
governance, and others, including the nature of the significant ma ers discussed and whenand
with whom the discussions took place; and
• Document iden fied or suspected non-compliance, and the results of discussion with
management and, where applicable, those charged with governance and other par es outside the
en ty.
COUNCIL GUIDELINES FOR ADVERTISEMENT, 2008
1. Guidelines for Write up -
The Members may adver se through a write up se ng out their par culars or of their firms and
services provided by them subject to the following Guidelines and must be presented in such a
manner as to maintain the profession’s good reputa on, dignity and its ability to servethe public
interest.
The Member(s)/Firm(s) should ensure that the contents of the Write up are true to the best of
their knowledge and belief and are in conformity with these Guidelines and be aware that the
Ins tute of Chartered Accountants of India will neither approve a propose write-up, nor owns any
responsibility whatsoever for such contents or claims by the writer Member(s)/ Firm(s).
The write-up shall comply with the following condi ons:-
A. It shall be honest and truthful.
B. There shall be no exaggerated claims for the services offered by the member or the Firm, orthe
qualifica ons or experience of the member or any of the partners or any other person associated
with the Firm.
C. It must not make any disparaging references or unsubstan ated comparisons to the work of
others.
D. It should not be of a nature that may bring the profession into disrepute.
E. It should not contain tes monials or endorsements concerning Member(s) or names ofclients
(both the past and present) or the fees charged.
F. It should not contain any informa on about achievements /awards (except the awards givenby
the Central or State Governments or Regulatory bodies) or any other posi on held , or
accredita on(s) granted by any organisa on.
G. Monogram of any kind or use of any kind of catch words is not permissible.
H. The Membership No./FRN (as may be applicable) is mandatory to be men oned in the write -
up.
I. It should not be of font size exceeding 14.
J. It must not be viola ve of any provisions of Chartered Accountants Act, 1949, Chartered
Accountants Regula ons, 1988, Code of Ethics, 2020 or any Guideline of the Council

The Ins tute of Chartered Accountants of India may issue a reasoned direc ve for removal or
withdrawal of the whole write-up or of any part(s) thereof.

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal

(A) For Firms

(i) Name of the Firm ......................... Chartered Accountants


(ii) Firm Registra on No. with Ins tute
(iii) Year of establishment.
(iv) Professional Address(s) registered with the Ins tute (both Head Office and Branches)
(v) Working Hours
(vi) Tel. No(s)/Mobile No./Fax No(s)
(vii) E-mail
(viii) No. of partners
(ix) Name of the proprietor/partners and their par culars on the lines allowed for a member as
stated above including passport style5 photograph.
(x) CA Logo
(xi) Details of Employees (Nos. - )
(a) Chartered Accountants -
(b) Other professionals –
(c) Ar cles/Audit Assistants
(d) Other employees
(xii) Names of the employees of the firm and their par culars on the lines allowed for amember as
stated above.
(xiii) Services provided:
(a) .....................................
(b) ....................................
(c) ....................................
(xiv) Affilia on with a Network registered with the Ins tute6
The write-up may have the Signature, Name of the Member/ Name of the Partner signing on
behalf of the firm, Place and Date

Online Third Party Pla orms

A number of non-Chartered Accountants’ firms, corporates including banks, finance Companies


and newspapers have set up their own Websites providing advisory services on taxa on and
other areas where Chartered Accountants are rendering professional service. Some of such
Websites may request Chartered Accountants or Chartered Accountants’ firms to provide
consulta on and advice through their Websites. No other service, besides consultancy and advice
can be rendered through such websites, This would be permi ed subject to the condi on that on
the Website, contact address of the Chartered Accountant concerned is notprovided nor such
Website will contain any material which adver ses professional achievements or status of such
Chartered Accountant except making a statement that they are Chartered Accountants. The name

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal


of Chartered Accountants’ firmwith suffix “Chartered Accountants” would not be permi ed..

Publica on of Name or Firm Name by Chartered Accountants in the Telephoneor


other Directories published by Telephone Authori es or Private Bodies

The Chartered Accountants and Chartered Accountants Firms may have entries made in a
Telephone Directory (in printed and electronic form) either by making a special request or by
means of an addi onal payment. The Council has also considered the ques on of permi ng
entries in respect of Chartered Accountants and their firms under specified groups in
telephone/trade directories subject to the following addi onal restric ons :-
(i) The entry should not appear in any other sec on/category except that of ‘Chartered
Accountants’.
(ii) The member/firm should belong to the town/city in respect of which the directory is being
published.
(iii) The order of the entries should not be in any manner other than alphabe cal.
(iv) The entry should not be made in a differen al or prominent manner giving the impressionof
publicity/adver sement.
(v) The entries should not be restricted and should be open to all the Chartered
Accountants/firms of Chartered Accountants in the par cular city/town in respect whereof the
directory is published.
(vi) The members can also include their names in trade/ social directories.

Applica on based Service provider Aggregators


It is not permissible for members to list themselves with online Applica on based service
provider Aggregators, wherein other categories like businessmen, technicians, maintenance
workers, event organizers etc. are also listed.

Specialised Directories for limited circula on


The name, descrip on and address of member (or firm) may appear in any directory or list of
members of a par cular body in which the names are listed alphabe cally. For a specialised
directory or a publica on such as a “Who’s Who” (including those compiled on pu rely local basis),
a member should use his discre on in supplying informa on, bearing in mind the nature and
purpose of the publica ons. In addi on to his name, descrip on and address and those of his
firm, a member may give where appropriate, directorships held and reasonable personal details
and may state his outside interests. He should not, however, give the names of any of his clients.

Exemp ons
1. A special exemp on has been made as regards publica on of the name and address of
a member or that of his firm, with the descrip on Chartered Accountant(s), in an adver sement
appearing in the press in the following circumstances, provided that the adver sement is not
displayed more prominently than is usual for such adver sements or the name of the member or

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal


that of his firm with the designa on Chartered Accountant(s) appears in type not bolder thanthe
substance of the adver sement:-
(a) Adver sement for recrui ng staff in the member’s own office.
(b) Adver sement inserted on behalf of clients requiring staff or wishing to acquire or dispose
of business or property.
(c) Adver sement for the sale of a business or property by a member ac ng in a professional
capacity as trustee, liquidator or receiver.

2 . When adver sing for staff, it is desirable that members should avoid the expression such as “a
well-known firm”, since this would savour of adver sement. Similar considera ons applyto
adver sements for ar cled assistants. The adver sements should not contain any promo onal
element nor should there be any sugges on that the services offered by the Chartered
Accountant or his firm are superior to those offered by other accountants.

STRUCTURE OF THE CODE


The Code contains sec ons which address specific topics. Some sec ons containsubsec ons
dealing with specific aspects of those topics.
Each sec on of the Code is structured, where appropriate, as follows:
• Introduc on – sets out the subject ma er addressed within the sec on, and introduces the
requirements and applica on material in the context of the conceptual framework. Introductory
material contains informa on, including an explana on of terms used, which is important to the
understanding and applica on of each Part and its sec ons.
• Requirements – establish general and specific obliga ons with respect to the subject ma er
addressed.
• Applica on material – provides context, explana ons, sugges ons for ac ons or ma ers to
consider, illustra ons and other guidance to assist in complying with the requirements.
A professional accountant shall comply with the Code. There might be circumstances where laws
or regula ons preclude an accountant from complying with certain parts of the Code. In such
circumstances, those laws and regula ons prevail, and the accountant shall comply withall other
parts of the Code.

THE FIRST SCHEDULE TO CHARTERED ACCOUNTANT ACT

CLAUSE 8
Premises found Locked : The communica on received back by the Incoming Auditor with “Office
found Locked” wri en on the Acknowledgement Due shall be deemed as having beendelivered to
the re ring auditor.

Firm not found at the given Registered address : If the Communica on sent by the Incoming
auditor is received back with remarks “No such office exists at this address”, and the address of
communica on is the same as registered with the Ins tute on the date of dispatch, the le er will
be deemed to be delivered, unless the re ring auditor proves that it was not really served and

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal


that he was not responsible for such non-service.
As a ma er of professional courtesy and professional obliga on it is necessary for the new
auditor appointed to act jointly with the earlier auditor and to communicate with such earlier
auditor.

Special Audit under Income Tax Act, 1961 : It would be a healthy prac ce if a Tax Auditor
appointed for conduc ng special audit under the Income Tax Act,1961 communicates with the
member who has conducted the Statutory Audit.
The Council has also laid down the detailed guidelines on the subject as under:-
Communica on required for all kinds of audit : The requirement for communica ng with the
previous auditor being a Chartered Accountant in prac ce would apply to all types of Audit viz.,
Statutory Audit, Tax Audit, GST Audit, Internal Audit, Concurrent Audit or any other kindof
audit.
Communica on in case of Assignments done by other professionals: A Communica on is
mandatorily required for all types of Audit/Report where the previous auditor is a Chartered
Accountant. In case of assignments done by other professionals not being Chartered
Accountants, it would also be a healthy prac ce to communicate.
Lack of me in acceptance of Government Audits: Although the mandatory requirement of
communica on with previous auditor being Chartered Accountant applies, in uniform manner, to
audits of both government and Non-Government en es, yet in the case of audit of government
Companies/ banks or their branches, if the appointment is made well in me to enable the
obliga on cast under this clause to be fulfilled, such obliga on must be complied with before
accep ng the audit. However, in case the me schedule given for the assignment is such that
there is no me to wait for the reply from the outgoing auditor, the incoming auditor may give a
condi onal acceptance of the appointment and commence the work which needs to be a ended
to immediately a er he has sent the communica on to the previous auditor in accordance with
this clause. In his acceptance le er, he should make clear to the client that hisacceptance of
appointment is subject to professional objec ons, if any, from the previous auditors and that he
will decide about his final acceptancea er taking into account the informa on received from the
previous auditor.

THE SECOND SCHEDULE TO CHARTERED ACCOUNTANT ACT


PART I- PROFESSIONAL MISCOUNDUCT- CA IN PRACTICE
CLAUSE-4
1. The words “financial statements” used in this clause would cover both reports and cer ficates
usually given a er an examina on of the accounts or the financial statement or any a est
func on under any statutory enactment or for purposes of income-tax assessments. This would
not, however, apply to cases where such statements are prepared by members in employment
purely for the informa on of their respec ve employers in the normal course of their du es and
not meant to be submi ed to any outside authority.

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

CA FINAL AUDIT AMENDMENT VISIT CARaviAgarwal

Public conscience is expected to be ahead of the law. Members, therefore, are expected to
interpret the requirement as regards independence much more strictly than what the law
requires and should not place themselves in posi ons which would either compromise or
jeopardise their independence.

Member must take care to see that they do not land themselves in situa ons where therecould
be conflict of interest and duty.
In this connec on, the Council has decided not to permit a Chartered Accountant in
employment to cer fy the financial statements of the concern in which he is employed, or ofa
concern under the same management as the concern in which he is employed, even though he
holds cer ficate of prac ce and that such cer fica on can be done by any Chartered
Accountant in prac ce. This restric on would not however app ly where the cer fica on is
permi ed by any law. The Council has also decided that a Chartered Accountant should not by
himself or in his firm name:-
a. accept the Auditorship of a college, if he is working as a part- me lecturer in thecollege.
b. accept the Auditorship of a Trust where his partner is either an employee or a trustee of the
Trust.

Many new areas of professional work have been added, e.g., Tax Audit, GST Audit, Concurrent
Audit of Banks, Concurrent Audit of Borrowers of Financial ins tu ons, Audit of non-corporate
borrowers of Banks and Financial Ins tu ons, Audit of Stock Exchange, Brokers, etc. The Council
wishes to emphasize that the aforesaid requirement of Clause (4) are equally applicable while
performing all types of a est func ons by the members.
It is not permissible for a member to undertake the assignment of cer fica on, wherein the client
is rela ve of the member. The "rela ve" for this purpose would refer to the defini on men oned
in Accoun ng Standard (AS)-18.

Members not to write Books of Account for auditee clients : The Council has clarified that the
members are not permi ed to write the books of account of their auditee clients.

Statutory auditor not to be the Internal Auditor simultaneously : An Auditor appointed by


an en ty under the Companies Act or any other statute shall not be the Internal Auditor of the
same en ty.

Internal auditor not to be the Tax auditor simultaneously: An Internal Auditor of an assessee,
whether working with the organiza on or an independently prac cing Chartered Accountant
irrespec ve of being an individual Chartered Accountant or a firm of Chartered Accountants
cannot be appointed as its Tax Auditor.

Internal Auditor not to be the GST Auditor simultaneously: The Internal Auditor of anen ty

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CA Ravi Agarawal’s (Relevant for MAY 22 & NOV 22)

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cannot undertake GST Audit of the same en ty.

Cooling off period a er comple on of tenure as Director: A member shall not accept the
assignment of audit of a Company for a period of two years from the date of comple on ofhis
tenure as Director, or resigna on as Director of the said Company.
Members to sa sfy whether appointment is as per the statute: A member should sa sfy himself
before accep ng an appointment as an auditor of an en ty that his appointment is in accordance
with the statute governing the en ty. In case the en ty is cons tuted under a trust
deed/instrument, the member should sa sfy whether his appointment is valid according to the
instrument cons tu ng the en ty and rules and regula ons made thereunder.
COUNCIL GENERAL GUIDELINES, 2008

TAX AUDIT ASSIGNMENTS U/S 44AB OF THE INCOME-TAX ACT,1961-


Audits conducted under Sec on 44AD, 44ADA and 44AE of the Income Tax
Act, 1961 shall not be taken into account for the purpose of reckoning the “specified number of
tax audit assignments”.

APPOINTMENT OF AN AUDITOR IN CASE OF NON-PAYMENT OF UNDISPUTEDFESS-


Provided that in the case of sick unit, the above prohibi on of acceptance shall not apply.
Explana on 1: For this purpose, the provision for audit fee in accounts signed by both - the
auditee and the auditor along with other expenses, if any, incurred by the auditor in
connec on with the audit, shall be considered as “undisputed audit fees”.

Explana on 2: For this purpose, “sick unit” shall mean a unit registered for not less than five
years, which has at the end of any financial year accumulated losses equal to or exceeding its
en re net worth.

12. Guidelines on Tenders

A member of the Ins tute in prac ce shall not respond to any tender issued by an organiza on or
user of professional services in areas of services which are exclusively reserved for chartered
accountants, such as audit and a esta on services. However, such restri c on shall not be
applicable where minimum fee of the assignment is prescribed in the tender document itself or
where the areas are open to other professionals along with the Chartered Accountants.

13. Unique Document Iden fica on Number (UDIN) Guidelines

Whereas, to curb the malprac ce of false cer fica on/a esta on by the unauthorized persons &
to eradicate the prac ce of bogus cer ficates and to save various regulators, banks,
stakeholders etc. from being misled, the Council of the Ins tute decided to implement an

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applica on forms for approval of name and registra on, provisions of ethical compliance and
other details have been issued and the same will come into force w.e.f 1.10.2006.
On abundant cau on, it may be clarified that no audit prac ce can be done in Corporate Form. The
consultancy prac ce hitherto done in Individual or Firm Status alone is now intended to be
permi ed in Corporate Form also.

Ethical Compliance: (i) Once the Management Consultancy Company is Registered with the
Ins tute as per the Guidelines, it will be necessary for such a Company to comply with the
following requirements: -
(a) If the individual prac oner/sole-proprietorship firm/partnership firm is the statutory auditor
of an en ty then the Management Consultancy Company should not accept the internal audit or
book-keeping or such other professional assignments, which are prohibited for the statutory
auditor firm.
(b) The No fica on No. 1-CA(7)/60/2002 dated 8th March, 2002 (enclosed) in respect of ceilingon
Non-audit fees is applicable in rela on to a Management Consultancy Company.
(c) The Management Consultancy Company shall comply with clauses (6) & (7) of Part-I of theFirst
Schedule to the Chartered Accountants Act, 1949 and such other direc ves as may be issued by
the Ins tute from me to me.

(ii) The Management Consultancy Company shall give an undertaking that it shall comply with
clauses (6) & (7) of Part-I of the First Schedule to the Chartered Accountants Act, 1949 and such
other direc ves as may be issued by the Ins tute from me to me.
Object of Management Consultancy Company: The Management Consultancy Company shall
engage itself only in Management Consultancy & Other Services. The Management Consultancy
Company shall give an undertaking that it shall render only Management Consul tancy & Other
Services prescribed by the Council pursuant to powers under sec on 2 (2)(iv) of the Chartered
Accountants Act, 1949.

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