Chapter 12 -

• TAX AUDIT

S. No Topics Questions
1 Applicability 1,3,4,6,34
2 Questions based on clauses 2,11,12,13,14,15,16,17,18,19,20,21,
22,23,24,26,27,28,29,30,32,33,35
3 Other Questions 5,7,8,9,10,25,31

12.1
APPLICABILITY

Question 1.
Mr. Abhinandan engaged in business as a sole proprietor presented the following information to you for the FY
2020-21. Turnover expected to be made during the year Rs. 1024 lacs. Goods returned in respect of sales made
during FY 2019-20 is Rs. 20 lacs not included in the above. Cash discount allowed to his customers Rs. 1 lac
for prompt payment. Special rebate allowed to customer in the nature of trade discount Rs. 5 lacs. Further, the
aggregate of all amounts received including amount received for sales, turnover or gross receipts during the
previous year, in cash, does not exceed five per cent of the said amount and aggregate of all payments made
including amount incurred for expenditure, in cash, during the previous year does not exceed five per cent of
the said payment. Kindly advise him whether he has to get his accounts audited u/s 44AB of the Income Tax
Act, 1961. (MTP May 2021)

Ans.
Turnover limit for the purpose of Tax Audit: The following points merit consideration as stated in the Guidance
note on Tax Audit issued by the Institute of Chartered Accountants of India -
(i) Price of goods returned should be deducted from the figure of turnover even if the return are from the sales
made in the earlier years.
(ii) Cash discount otherwise than that allowed in a cash memo/sales invoice is in the nature of a financing
charge and is not related to turnover. The same should not be deducted from the figure of turnover.
(iii) Special rebate allowed to a customer can be deducted from the sales if it is in the nature of trade discount.
Applying the above stated points to the given problem,
Total Turnover 1024 Lac
Less – (i) Goods Returned 20 Lac

(ii) Special rebate allowed to customer in the nature of

trade discount would be deducted 5 Lac

Balance 999 Lac

Since the aggregate of all amounts received including amount received for sales, turnover or gross receipts during
the previous year, in cash, does not exceed five per cent of the said amount and aggregate of all payments made
including amount incurred for expenditure, in cash, during the previous year does not exceed five per cent of the
said payment, limit for tax audit is ten crore rupees. In the given situation, Abhinandan would not be required to
get his accounts audited under section 44AB of the Income Tax Act, 1961 as Rs. 999 lac is below prescribed tax
audit limit i.e. five crore rupees.

Question 2.
While doing Tax Audit, under section 44AB of the. Income Tax Act, 1961, of the accounts of Glue Private Limited
for the Assessment Year 2018-19, it was found that during the Financial Year 2017-18, Glue Private Limited
had received 9,000 shares, the market value of which was Rs. 90,000 on the date of transfer, at a price of Rs.
45,000 from Stick Private Limited. The Management of Glue Private Limited maintained that the transaction
was as per the terms of negotiations and there would be no cause for the Auditor to bring this matter in his Tax
Audit Report - Comment.

Ans. Reporting for Receipt of Shares, the Aggregate Fair Market Value of Which Exceeds Rs. 50,000: In this case,
Glue Private Ltd. is a company, other than a company in which the public are substantially interested. During the
previous year 2017-18, the company received property, being shares, for rupees 45,000 as consideration, the fair market
value of which is Rs. 90,000.
A tax auditor has to furnish the details of shares received during the previous year, under clause 28 of Form 3CD, in
case, the assessee has received any property, being share of a company not being a company in which public are
substantially interested, without consideration or for inadequate consideration as referred to in section 56(2) of the
Income Tax Act, 1961. Section 56(2) provides that where a firm or a company not being a company in which the public
are substantially interested, receives, in any previous year any property being shares of a company not being a company
in which the public is substantially interested,
(i) without consideration, the aggregate fair market value of which exceeds Rs. 50,000, the whole of the aggregate fair
market value of such property,

12.2
(ii) for a consideration which is less than the aggregate fair market value of the property by an amount exceeding Rs.
50,000, the aggregate fair market value of such property as exceeds such consideration, shall be chargeable to
income-tax under the head “Income from other sources”.
As per the facts of the case, provisions and explanations given above, the income generated by Glue Private Ltd., is
rupees 45,000 i.e. in excess of fair market value of shares received (i.e. Rs. 90,000), is lesser than rupees 50,000 as per
section 56(2) of the Income Tax Act, 1961. Therefore, the tax auditor of Glue Private Ltd. is not required to furnish the
details of such shares received under clause 28 of Form 3CD. The contention of the management of the company, for
not reporting such receipt of shares, is in order.

Question 3. (Important)
Concession Ltd. is engaged In the business of manufacturing of threads. The company recorded the turnover
of Rs. 1.13 crore during the financial year 2017-18 before adjusting the following:
Discount allowed in the Sales Invoice Rs. 8,20,000
Cash discount (other than allowed in Cash memo/ sales invoice) Rs. 9,20,000
Trade discount Rs. 2,90,000
Commission on Sales Rs. 6,00,000
Sales Return (FY. 2016-17) Rs. 1,60,000
Sale of Investment Rs. 6,60,000
You are required to ascertain the effective turnover to be considered for the prescribed limit of tax audit under
the relevant Act and guide the company whether the provisions relating to tax audit applies.

Ans. The provisions relating to tax audit under section 44AB of the Income Tax Act, 1961 applies to every person
carrying on business, if his total sales, turnover or gross receipts in business exceed the prescribed limit of Rs. 1 crore
and to a person carrying on a profession, if his gross receipts from profession exceed the prescribed limit of Rs. 50 lakhs
(w.e.f. A.Y. 2017-18) in any previous year. However, the term "sales", "turnover" or “gross receipts" are not defined in
the Act, and therefore the meaning of the aforesaid terms has to be considered for the applicability of the section.
Some of the points for merit consideration in this regard as discussed in the Guidance Note issued by the
Institute are given below-
(i) Discount allowed in the sales invoice will reduce the sale price and, therefore, the same can be deducted from the
turnover.
(ii) Cash discount otherwise than that allowed in a cash memo/sales invoice is in the nature of a financing charge
and is not related to turnover. Therefore, should not be deducted from the turnover.
(iii) Turnover discount is normally allowed to a customer if the sales made to him exceed a particular quantity. As per
trade practice, it is in the nature of trade discount and should be deducted from the figure.
(iv) Special rebate allowed to a customer can be deducted from the sales if it is in the nature of trade discount. If it is
in the nature of commission on sales, the same cannot be deducted from the figure of turnover.
(v) Price of goods returned should be deducted from the turnover even if the returns are from the sales made in the
earlier year/s.
(vi) Sale proceeds of any shares, securities, debentures, etc., held as investment will not form part of turnover.
However, if the shares, securities, debentures etc., are held as stock-in-trade, the sale proceeds thereof will form part
of turnover.
In the given case, Concession Ltd. is engaged in manufacturing business. Therefore, the tax audit would be applicable
if the turnover exceeds Rs. 1 crore during the financial year 2017-18.
The calculation of effective turnover for the prescribed limit purpose, in accordance with above mentioned
conditions, is given below:
Recorded turnover during the year Rs. 1,13,00,000
Less: (i) Discount allowed in the Sales invoice (Rs. 820,000)
(ii) Trade discount (Rs. 2,90,000)
(iii) Sales Return (Rs. 1,60,000)
Effective turnover Rs. 1,00,30,000

12.3
Conclusion: The effective turnover of Concession Ltd. is rupees one crore and thirty thousand only which is over and
above the prescribed limit for tax audit under section 44AB of the income Tax Act, 1961. Thus, the provisions related
to tax audit are applicable to the company and is therefore liable for tax audit.

Question 4.
Mr. X deals in a commodity and purchase and sales of that commodity is ultimately settled otherwise than by
the actual delivery. During the financial year 2018-19 he purchased the commodity worth Rs. 95 Lacs and sold
the same commodity for Rs. 104 Lacs and the contract was settled otherwise than by the actual delivery. X
seeks your advice whether he is liable for tax audit u/s 44AB of the Income Tax Act.

Ans : Liability for Tax Audit in case of Speculative Transactions:

 Mr. X deals in commodity as a speculator. A speculative transaction means a transaction in which a contract for
the purchase or sale of any commodity, including stocks and shares, is periodically or ultimately settled otherwise
than by the actual delivery.
 As such, in such transaction the difference amount is 'turnover'. In the given case the difference of Rs. 104 lacs and
Rs. 95 lakhs i.e., Rs. 9 Lakhs is the turnover.
 In such transactions though the contract notes are issued for full value of the purchases or sales, but the entries in
the books of account are made only for the differences.
Conclusion: Mr. X is not liable for Tax audit u/s 44AB of the Income Tax Act, 1961.

Question 5.
Comment on the following: The Statutory Auditor of P Ltd. is also appointed to undertake its Tax Audit. After
the completion of Statutory Audit, he finalizes Tax Audit without referring to Standards on Auditing and
Guidance Notes of Institute as he is of the opinion that Tax Audit relates only to tax matters with which the
Income tax department is concerned. Moreover, the assessee furnishes to the auditor only the requisite
information and records for the purpose of Tax Audit. [MTP-Aug. 18]

Ans : Applicability of Standards on Auditing and Guidance Note in case of Tax Audit:
 In the case of a statutory audit, auditor is required to express his opinion as to whether the financial statements
give a true and fair view of the state of affairs in the case of the balance heet and in the case of the profit and loss
account/income and expenditure account, of the profit/loss or income/expenditure.
 While carrying out tax audit u/s 44AB, the tax auditor is required to state whether in his opinion, the particulars
as stated in Form 3CD are true and correct. The audit report given u/s 44AB assist the income-tax department in
ensuring compliance of provisions of Income Tax Act by the assessee. In order that the tax auditor may be in a
position to explain any question which may arise later on, it is necessary that he should keep necessary working
papers about the evidence on which he has relied upon while conducting the audit and also maintain all his
necessary working papers.
 While carrying out the audit, auditor is required to refer the "Standards on Auditing” as well as the "Guidance Note
on Audit Reports and Certificate for Special Purposes”. If the statutory auditor is also appointed to undertake tax
audit, it is advisable to carry out both the audits concurrently.
 SA 210, "Agreeing the Terms of Audit Engagements” requires an auditor to establish whether the precondition for
an audit are present so as to accept or continue an audit engagement. Accordingly, the auditor is required to obtain
agreement of management that it acknowledges and understands its responsibilities to provide the auditor with:
(a) Access to all information of which the management is aware that is relevant to the preparation of the financial
statements such as records, documentation and other matters.
(b) Additional information that the auditor may request the management for the purpose of the audit, and
(c) Unrestricted access to persons within the entity from whom the auditor determines it necessary to obtain audit
evidence.
Conclusion: Opinion of the auditor that Tax Audit relates only to tax matters with which the Income tax department is
concerned and there is no need to refer the Standards on Auditing and Guidance Notes of Institute is not correct.
Moreover, since the appointment of the tax auditor is made by assessee, it will be in the interest of the assessee to
furnish all the information and explanation and produce books of account and records required by the tax auditor.

12.4
Question 6.
UT & Co. is a Chartered Accountant Firm that provides consultancy services. Recently, it got queries from
different clients with respect to applicability of tax audit provisions to their businesses.
In response to such queries, UT & Co., asked from them details such as turnover, total receipts and total
payments made during the year respectively along with mode of receipt/payment, whether filing return of
Income under normal tax provisions or presumptive tax provisions such as section 44AD, 44AE, etc.
So, in the trailing mail, UT & Co., got the aforesaid details from different clients, which it classified into following
categories for ease of framing an opinion, as follows:

Client Turnover % of Cash Receipts % of Cash Payments Remarks

Sr. No. (in crore) in Total Receipts in Total Payments
1 4.5 5% 5% Has been filing return as per the
regular provisions of income tax.

2 1.8 7% 4% Has declared business income as per

presumptive taxation under section
44AD of the Income-tax Act, 1961.

3 0.85 6% 4% Has declared business income as per

presumptive taxation under section
44AD of the Income-tax Act, 1961
during last 2 previous years but during
current previous year has declared
income lower than as per section 44AD
and the total income is less than basic
exemption limit

4 3.2 8% 6% Has declared business income as per

presumptive taxation under section
44AE of the Income-tax Act, 1961
during last 4 previous years but during
current previous year has declared
income lower than as per section 44AE
and the total income is less than basic
exemption limit.

On behalf of UT & Co., please provide your opinion, along with reasons, as a consultant in case of aforesaid
clients that whether tax audit is applicable to them or not?
[RTP Nov 2021]

Answer. Applicability of Tax Audit:

Client Opinion (Tax Audit Reason

Sr. No. applicable or not)
1 No
2 No
3 No
4 Yes
As the turnover is upto INR 10 crores, Cash Receipts and Cash Payments are
upto 5% of total receipts & total payments, respectively, and has been filing
return as per the regular provisions of income tax, so tax audit is not applicable.
Even though turnover exceeds INR 1 crore and Cash Receipts are greater than
5% of Total Receipts but as the business income has been declared as per
presumptive taxation under section 44AD of the Income-tax Act, 1961, so tax
audit is not applicable.
Even though business income as per presumptive taxation under section 44AD
of the Income-tax Act, 1961 has been declared during last 2 previous years but
has not been declared during the current previous year but as the total income
is less than basic exemption limit, so tax audit is not applicable.
Has been declaring total income as per presumptive taxation under section 44AE
of the Income-tax Act, 1961 during last 4 previous years but during current
previous year has declared income lower than as per section 44AE, so tax audit
is applicable.

12.5
TAX AUDIT REPORT

Question 7. (Important)
A Co-operative Society having receipts above Rs. 100 lakhs get its accounts audited by a person eligible to do
audit under Co-operative Societies Act, 1912, who is not a C.A. State with reasons whether such audit report
can be furnished as tax audit report u/s 44AB of the Income Tax Act, 1961? [Nov. 09 (3 Marks)]
OR
A Co-operative society having receipts over Rs. 2 crores have appointed Mr. D as the statutory auditor - Mr. D
is eligible to do the same under the state Co-operative Societies Act. Mr. D is not a chartered accountant. Mr.
D is also appointed to conduct the tax audit of the society under section 44AB of the Income Tax Act, 1961.
Comment. [Nov.17 (4 Marks)]
OR
A Co-operative Society having receipts above Rs. 1 crore gets its accounts audited by a person eligible to do
audit under Co-operative Societies Act, 1912, who is not a Chartered Accountant. State with reasons whether
such audit report can be furnished as tax audit report under Section 44AB of the Income-tax Act, 1961?

Ans : Tax Audit Report in case of Co-operative society:

♦ Proviso to Sec. 44AB of Income Tax Act, 1961 lays down that where the accounts of an assessee are required to be
audited by or under any other law, it shall be sufficient compliance with the provisions of this section, if such person
get the accounts of such organisation audited under such other law before the specified date and furnishes by that
date, the report of the audit as required under such other law and a further report by an Accountant in the form
prescribed under this section.
♦ The term "accountant” as defined in Explanation to Sec. 288(2) of the Income Tax Act, 1961 means a chartered
accountant within the meaning of the Chartered Accountants Act, 1949, who holds a valid certificate of practice.
♦ Accordingly, the person who is not a Chartered Accountant as mentioned in the question, though is eligible to act
as auditor of Cooperative Society under the Cooperative Society Act, 1912, but is not eligible to carry out tax audit
under Section 44AB of the Income Tax Act, 1961.
Conclusion: Audit report by a person other than Chartered Accountant cannot be furnished as tax audit report under
Section 44AB of the Income-tax Act, 1961.

“KAPIL SIR EVALUATION REVIEWS”

Even though many examinees have given correct conclusion, few examinees failed to refer Sec. 288(2) of the
Income-tax Act, 1961 and its explanation while some of them mistakenly related v with Professional
misconduct under CA Act, 1949.

Question 8.
M/s. SB & Co. has been appointed as tax auditor under section 44AB of Income Tax Act, 1961 by Woodcraft
Interior Consultants, a professional partnership firm, having turnover 1.25 Crores. M/s RS & Co. are the
statutory auditors of the firm but they are unable to give their report on the financial statements of the firm.
M/s. SB & Co., have, however, completed their tax audit and want to issue their reports. Comment. [May 17]

Ans : Tax Audit Report in case of Partnership firm :

♦ Proviso to Sec. 44AB of Income Tax Act, 1961 lays down that where the accounts of an assessee are required to be
audited by or under any other law, it shall be sufficient compliance with the provisions of this section, if such person
get the accounts of such organisation audited under such other law before the specified date and furnishes by that
date, the report of the audit as required under such other law and a further report by an Accountant in the form
prescribed under this section.
♦ There is no statutory requirement of audit of a firm under the provisions of Partnership Act, 1932. So, appointment
of two auditors one as tax auditor and another as statutory auditor does not appears to be correct.
♦ It is also provided under Section 44AB that the tax auditor should report whether in his opinion the particulars in
respect of Form 3CD are true and correct. The audit report is in the form of 3CA if accounts are being examined
under the requirements of provisions of any other Act, otherwise report should be in Form 3CB.
♦ In the present case, assessee is a partnership firm and appoints separate persons as tax auditor and statutory
auditor. Statutory auditor is not able to give their report on financial statements of firm.

12.6
Conclusion: Form No. 3CA requires the tax auditor to enclose a copy of the audit report conducted by the statutory
auditor. Where the report of the statutory auditor is not available for whatever reasons, it will be possible for the tax
auditor to give his report in Form No. 3CB and to certify the relevant particulars in Form No. 3CD.
Note: There is no requirement of statutory audit under Partnership Act, 1932. Hence while answering the question,
this fact also need to be stated.

“KAPIL SIR EVALUATION REVIEWS”

Majority of candidates failed to discuss the circumstances in which Form 3CA and Form 3CB are furnished by a Tax
auditor. Some candidates wrongly discussed the relationship between the statutory auditor and tax auditor and
concluded wrongly that Tax auditor has to wait till statutory audit is completed. It seems that Candidates failed to
understand the requirement of the question.

INCOME COMPUTATION AND DISCLOSURE STANDARDS (ICDS)

Question 9.
ABC Ltd., is consistently following Accounting Standards as required under section 133 of the Companies Act,
2013. During your tax audit under section 44AB of the Income Tax Act, 1961, the Board of Directors informed
you that profits of the Company is properly arrived at and the Accounting Standards applicable to it have been
followed consistently and as such, there need not be any adjustments to be made as per Income Computation
and Disclosure Standards notified under section 145 of Income Tax Act, 1961. Based on the requirements of
Law in this regard, examine the validity of the stand of Management in this regard.

Ans. Income Computation and Disclosure Standards (ICDS): Section 145 of the Income Tax Act, 1961 deals with the
Method of Accounting: Under section 145(1), income chargeable under the heads “Profits and gains of business or
profession” or "Income from other sources” shall be computed in accordance with either the cash or mercantile system
of accounting regularly employed by the assessee.
Further, Section 145(2) empowers the Central Government to notify in the Official Gazette from time to time, income
computation and disclosure standards to be followed by any class of assessee or in respect of any class of income.
Accordingly, the Central Government has, in exercise of the powers conferred under section 145(2), notified ten income
computation and disclosure standards (ICDSs) to be followed by all assesses (other than an individual or a HUF who is
not required to get his accounts of one previous year audited in accordance with the provisions of section 44AB),
following the mercantile system of accounting, for the purposes of computation of income chargeable to income-tax
under the head “Profit & gains of business or profession" or “Income from other sources”. from the A.Y. 2017-18.
In the instant case, ABC Ltd. is consistently following Accounting Standards in compliance with section 133 of the
Companies Act, 2013 but not complying with the provisions of Income Computation and Disclosure Standards notified
under section 145 of the Income Tax Act, 1961. Contention of the management that they are following Accounting
Standards and need not to make any adjustments as per ICDS, is not correct. Thus, ABC Ltd. is required to adjust the
profits in compliance with ICDS.

COMPLIANCE UNDER SECTION.145

Question 10.
As the tax auditor of a non-corporate entity u/s 44AB of the Income Tax Act, 1961, how would you ensure
compliance of section 145 of the Income Tax Act, 1961? [May 09 (8 Marks)]

Ans : Compliance of Section 145:

 Sec145(1) requires that the income chargeable under the head ‘PGBP’ or 'Other sources' shall, be computed in
accordance with either cash or mercantile system of accounting regularly employed by the assessee.
 Sec. 145(2) provides that the C.G. may notify in the Official Gazette from time to time Income Computation and
Disclosure Standards to be followed by any class of assessee or in respect of any class of income.
 Sec. 145(3) provides that where the A.O. is not satisfied about the correctness or completeness of the accounts of
the assessee, or where method of accounting provided u/s 145(1) have not been regularly followed by the assessee
or income has not been computed in accordance with the Standards notified u/s 145(2), the A.0. may make an
assessment in a manner provided in Sec. 144 of the Income Tax Act.
 Auditor has to therefore ensure the following:
(a) That the entity follows either the cash or accrual method of accounting and same is to be reported in clause
13(a) of form 3CD.
(b) Accounting policies has been disclosed separately.
(c) Provisions as stated in Income Computation and Disclosure Standards (ICDS) notified by Central Government
u/s 145(2) has been complied with.

12.7
QUESTIONS ON CLAUSES

Question 11.
Mr. A, is a renowned lawyer. During the previous year, he collected GST of Rs. 25 lakhs but utilized it for his
personal use. The department issued a show cause notice to him as to why the tax, collected by him, is not
deposited to the government account. He appeared before the department and stated his inability to pay the
sum due to financial crisis. The proceedings are still pending.
Mr. A instructed his tax auditor not to disclose his GST registration details, while filling particulars to be
furnished in Form No. 3CD, believing that the income tax department might trace his scrutiny proceedings
details pending before department which would bring disrepute to his profession.
Or
You are appointed as tax auditor of Mr. X a practicing advocate in Agra. During the previous year he collected
GST of Rs. 7 lakhs but utilized for personal use. The department issued a show cause notice to him why the tax
collected by him in not deposited to the Government account. He appeared before the department and stated
his inability to pay the sum due to financial crisis. The proceedings are still pending. Mr. X requests you not to
disclose his GST registration details while filling particulars to be furnished in From No. 3CD.
As a tax auditor how would you deal with this? [May 16 (4 Marks)]

Ans:- Reporting Requirement of Form 3CD:

 Clause (4) requires tax auditor to mention the registration number or any other identification number, if any,
allotted, in case the assessee is liable to pay indirect taxes like excise duty, service tax, sales tax, GST, customs
duty, GST etc. Auditor is required to furnish the details of registration numbers as provided to him by the assessee.
 The reporting is however, to be done in the manner or format specified by the e-filing utility in this context. The
information may be obtained and maintained in the following format:

Sr. Relevant Indirect Tax Law Place of Business/profession/ Registration/ Identification

No. which requires registration service unit for which registration is number
in place/or has been applied for

♦ In the present case Mr. X has defaulted in payment of GST for the previous year. Consequently, the department
issued a show cause notice for such non-payment of tax. The arguments are still going on between the department
and assessee. He also restrained his tax auditor from disclosing GST registration details in tax audit report.
Conclusion: Instruction of Mr. X is not acceptable as clause 4 of Form 3CD requires tax auditor to furnish the details
of registration number or other identification number of assessee, if assessee is required to pay indirect taxes like excise
duty, service tax, GST etc.

“ICAI Examiner Comments”

Most of the candidates failed to visualize the requirement of the question and answered about reporting
requirement due to non-payment of GST under clause 41 instead of GST registration number under clause 4.

Question 12.
BB Ltd., a non-resident company, is engaged in the business of extraction of mineral oils, having turnover of
Rs. 20 lakhs during the financial year 2018-19. The company claims that its profits and gains chargeable to tax
under the head "Profits and gains of business or profession" is lower than the deemed income chargeable under
section 44BB of the Income Tax Act, 1961. Therefore, it decided to get its accounts audited under section 44AB
of the Income Tax Act, 1961. Discuss reporting requirement of Form 3CD in this behalf.

Ans : Reporting Requirement of Form 3CD:

 BB Ltd., is a non-resident company which is engaged in the business of extraction of mineral oils, hence, its income
is chargeable in accordance with the provisions of section 44BB of the Income Tax Act, 1961. But as the company
is claiming lower income in comparison to deemed income u/s 44BB, provisions of Section 44AB in relation to audit
has to be complied with.
 Clause (8) of Form 3CD, requires tax auditor to mention the relevant clause of section 44AB under which the audit
has been conducted. Accordingly, auditor is required to mention clause (c) of Section 44AB which requires tax audit.
 Further, as per Clause (12] of Form 3CD, if the profit and loss account of the assessee includes any profits and gains
assessable on presumptive basis, the tax auditor has to indicate the amount and the relevant sections.

12.8
Conclusion: Under Clause 8, auditor is required to indicate the relevant clause of Section 44AB under which audit is
to be conducted and in addition under clause 12, auditor is required to indicate the amount of profits of business
covered u/s 44BB and the relevant section.

Question 13.
A leading jewellery merchant used to value his inventory at cost on LIFO basis. However, for the current year,
in view of requirements of AS-2, he changed over to FIFO method of valuation. The difference in value of stock
amounted to Rs. 55 lakhs which is higher than that under the previous method. In such a situation, what are
the reporting responsibilities of a Tax Audit u/s 44AB of Income Tax Act, 1961.

Ans : Reporting of Changes in Valuation of Inventory:

♦ As per the provisions of Income Tax Act, 1961, if the change in method of valuation is bona fide, and is regularly
and consistently adopted in the subsequent years as well, such change would be permitted to be made for tax
purposes.
♦ In the instant case, the change in the valuation of stock is pursuant to mandatory requirements of the AS-2
'Valuation of Inventories’ and therefore should be viewed as bona fide change and allowed.
♦ Clause 14 of Form 3CD also requires in this regard reporting over the following:
1. Method of valuation of closing stock employed in the previous year.
2. In case of deviation from the method of valuation prescribed under section 145A, and the effect thereof on the
profit or loss.
♦ In reference to Section 145A, auditor is not required to change the method of valuation of purchases, sales and
inventories which is regularly employed by the assessee. Auditor is required to adjust the valuation for any tax,
duty, cess or fee actually paid or incurred by the assessee, if the same had not already been adjusted.

Question 14.
T Ltd’s previous year ended on 31st March 2019. During that period, it made a claim for refund of customs duty
which was admitted as due by the customs authorities during April 2019. T Ltd. neither credited the claim in
the profit and loss account nor reported the same in clause 16(b) of Form 3CD for the reason that this has been
admitted as due by the authorities only in the next financial year. Further T Ltd. had changed the method of
determination of cost formula for the purpose of stock valuation from FIFO basis to Weighted Average Cost
basis, but that was also not reflected in clause 13(b) of Form 3CD which requires reporting on change in
accounting method employed. Comment. [May 12 (6 Marks)]

Ans : Reporting requirement of Claim of Custom Duty Refund and change in Accounting policy:
♦ As per Clause 16(b) of form 3CD, the details of custom duty refund, if admitted as due but not reported in Profit and
Loss account, are to be stated. But the claim which have been admitted as due after the relevant previous year need
not be reported.
♦ Hence non-reporting of claim of refund of custom duty in Form 3CD is in order.
♦ Clause 13 (b) of Form 3CD required reporting in case of change in method of accounting employed. But in the
present case there is a change in accounting policy. Change in Accounting policy cannot be treated as change in
method of accounting, hence does not require any reporting under clause 13(b) in Form 3CD.
♦ Hence non-reporting of method of valuation in Form 3CD is in order.

Question 15.
While writing the audit program for tax audit in respect of A Ltd. you wish to include possible instances of
capital receipt if not credited to Profit & Loss Account which needs to be reported under clause 16(e) of Form
3CD. Please elucidate possible instance. [May 13 (4 Marks)]
OR
What can be the possible instance of capital receipt which, if not credited to the profit and loss account,
needs to be reported in form 3CD? [Nov. 15 (4 Marks)]

Ans : Instances of Capital receipt:

(a) Capital subsidy received in the form of Government grants, which are in the nature of promoters' contribution
i.e., they are given with reference to the total investment of the undertaking or by way of contribution to its total
capital outlay. For e.g.. Capital Investment Subsidy Scheme.

12.9
(b) Government grant in relation to a specific fixed asset where such grant is shown as a deduction from the gross
value of the asset by the concern in arriving at its book value.
(c) Compensation for surrendering certain rights.
(d) Profit on sale of fixed assets/investments to the extent not credited to the profit and loss account.

“ICAI Examiner Comments”

Some examinees wrote about Form No. 3CD. Also, few examinees discussed about the items of v profit and loss
account which was not required.

Question 16.
ABC Ltd., a manufacturing concern, sold a house property in Mumbai for a consideration of Rs. 48 lakh, to Mr.
X on 1.8.2018. ABC Ltd. had purchased the house property in the year 2014 for Rs. 30 lakh. The stamp duty
value on the date of transfer, i.e., 01.08.2018, is Rs. 65 lakh for the house property. How would you deal this
matter in tax audit report?

Ans : Reporting of Sale of property at a price lower than value adopted for the purpose of stamp duty:
 Clause 17 of Form 3CD requires tax auditor to furnish certain information if land or building or both is transferred
during the previous year for a consideration less than value adopted by any authority of a State Government as
under:

Details of Consideration Value adopted or Whether provisions of second proviso to subsection

Property Received or assesses or (1) of section 43 CA or fourth proviso to clause (x)
Accrued assessable of sub section (2) of section 56 applicable?

 For this purpose, auditor should obtain a list of all properties transferred by the assessee during the previous year
and furnish the amount of consideration received or accrued, as disclosed in the books of account of the assessee.
 For reporting the value adopted or assessed or assessable, the auditor should obtain from the assessee a copy of
the registered sale deed. In case the property is not registered, the auditor may verify relevant documents from
relevant authorities or obtain third party expert like lawyer, solicitor representation to satisfy the compliance of
section 43CA/section 50C of the Act.
Conclusion: ABC Ltd. has sold the house property to Mr. X at a price lower than value adopted for stamp duty purpose,
tax auditor is required to report on the same under Clause 17 of Form 3CD.

Question 17.
As a tax auditor how would you deal and report the following: An assessee has incurred payments to clubs.
[Nov. 11 (2 Marks)]
Or
As an auditor of a partnership firm under section 44AB of the Income Tax Act, 1961, how would you report on
the following: Expenditure incurred at Clubs. [Nov. 12 (2 Marks)]
OR
M/s PQRS & Associates is appointed for conducting tax audit as per Income Tax Act, 1961 of QW Ltd., a
cotton textile company. The Company had incurred ` 6 lac towards advertisement expenditure on a brochure/
pamphlet published by a political party in Pune. Advise the auditor whether such expenditure should be
included in the tax audit report or not. [RTP Nov 2020]

Ans : Reporting of Payment to Club in Form 3CD:

 Clause 21 (a) of Form 3 CD requires the tax auditor is required to furnish the details of amounts debited to the profit
and loss account, being in the nature of capital, personal, advertisement expenditure etc.
 Such reporting requires the tax auditor to report on the
(a) Expenditure incurred at clubs being entrance fees and subscriptions; and
(b) Expenditure incurred at clubs being cost for club services and facilities used.
 The payments made may be in respect of directors and other employees in case of companies, and for partners or
proprietors in other cases
 The fact whether such expenses are incurred in the course of business or whether they are of personal nature should
be ascertained.

12.10
Question 18.
ABC Ltd., engaged in the manufacturing of goods carriage, appointed you as the tax auditor for the financial
year 2018-19. How would you deal with the following matters in your tax audit report:
(i) Payments of 6 invoices of Rs. 5,000 each made in cash to Mr. X, engaged in leasing of goods carriages on 4th
July, 2018.
(ii) Payments of 2 invoices of Rs. 18,000 each made in cash to Mr. Y, engaged in leasing of goods carriages on
5th July, 2018 and 6th July, 2018 respectively.
(ill) Payment of Rs. 40,000 made in cash to Mr. Z, engaged in leasing of goods carriages on 7th July, 2018
against an invoice for expenses booked in 2017-18. [MTP Oct 21]

Ans : Reporting of Payments Exceeding Rs. 35,000 in Cash:

 Clause 21(d)(A) and 21(d)(B) of Form 3CD, requires tax auditor to scrutinize on the basis of the examination of books
of account and other relevant documents/evidence, whether the expenditure covered under section 40A(3) and
40A(3A) respectively read with rule 6DD were made by account payee cheque drawn on a bank or account payee
bank draft. If not, the same has to be reported under abovementioned clauses.
 As per section 40A(3) of the Income Tax Act, 1961, an expenditure is disallowed if the assessee incurs any expenses
in respect of which payment or aggregate of payments made to a person in a day, otherwise than by an account
payee cheque drawn on bank or account payee draft, exceeds Rs. 10,000. However, in case of payment made for
plying, hiring or leasing of goods carriage, limit is Rs. 35,000 instead of Rs. 10,000.
 As per section 40A(3A) of the Income Tax Act, 1961, where an allowance has been made in the assessment for any
year in respect of any liability incurred by the assessee for any expenditure and subsequently during any previous
year the assessee makes payment in respect thereof, otherwise than by an account payee cheque drawn on a bank
or account payee bank draft, the payment so made shall be deemed to be the profits and gains of business or
profession and accordingly chargeable to income-tax as income of the subsequent year if the payments made to a
person in a day, exceeds Rs. 10,000 ( Rs. 35,000 in case of plying, hiring or leasing of goods carriages).
 Based on the abovementioned provisions, following conclusion may be drawn:
(i) Payments of 6 invoices of Rs. 5,000 each aggregating Rs. 30,000 made in cash on 4th July, 2018 need not be
reported as the aggregate of payments do not exceed Rs. 35,000.
(ii) Payments of 2 invoices of Rs. 18,000 each made in cash on 5th July, 2018 and 6th July, 2018 respectively
aggregating Rs. 36,000 need not be reported as the payment do not exceed Rs. 35,000 in a day.
(iii) Payment of Rs. 40,000 made in cash against an invoice for expenses booked in 2017-18 is likely to be deemed
to be the profits and gains of business or profession under section 40A(3A) ofthe Income Tax Act, 1961. Thus,
the details of such amountneed to be furnished under clause 21(d)(B) of Form 3CD.

Question 19.
Mr. R, the Tax Auditor finds that some payments inadmissible under Section 40 A(3) were made, and advised
the client to report the same in Form 3CD. The client contends that cash payments were made since the other
parties insisted upon the same and did not have Bank Accounts. Comment. [Nov. 10 (5 Marks)]

Ans : Reporting for Cash payments above Rs. 10,000:

 Clause 21(d) of Form 3CD requires tax auditor to report on disallowance under section 40A(3). Disallowance u/s
40A(3) of the Income Tax Act, 1961 is attracted if the assessee incurs any expenses in respect of which payment or
aggregate of payments made to a person in a day, otherwise than by an account payee cheque drawn on bank or
account payee draft, exceeds Rs. 10,000.
 However, there are certain cases as specified in Rule 6DD, in which, disallowance under section 40 A(3) would not
be attracted. Cash payment made on insistence of other parties on the contention that they do not have bank
accounts is not covered under the list of exceptions provided under Rule 6DD.
 In the present case, tax auditor is required to scrutinize on the basis of the examination of books of account and
other relevant documents, whether the expenditure covered under section 40A(3) were made by account payee
cheque or account payee bank draft. If not, the same has to be reported under abovementioned clause.
Conclusion: Payments made by the XYZ Ltd. are inadmissible u/s 40A(3) and hence, needs to be reported under clause
21(d) of Form 3CD.

Question 20.
XYZ Ltd. pays Rs. 90,000 for its 10 employees to a Hotel as boarding and lodging expenses of such employees
for a conference. The Company pays the amount in cash to the Hotel. The Hotel gives 10 bills each amounting
to Rs. 9,000. The Company contends that each bill is within the limit, so there is no violation of the provisions
of the Income Tax Act, 1961. As the tax auditor, how would you deal with the matter in your tax audit report
for the Assessment Year 2019-20? [Nov. 14 (4 Marks)]

12.11
Ans : Reporting for Cash payments above Rs. 10,000:
♦ Clause 21(d) of Form 3CD requires tax auditor to report on disallowance under section 40A(3). Disallowance u/s
40A(3) of the Income Tax Act, 1961 is attracted if the assessee incurs any expenses in respect of which payment
or aggregate of payments made to a person in a day, otherwise than by an account payee cheque drawn on bank
or account payee draft, exceeds Rs. 10,000.
♦ In the given case, the tax auditor found that a hotel issued 6 bills to XYZ Ltd. Each amounting to Rs. 9,000 for
boarding & lodging expenses of 6 employees. XYZ Ltd. In aggregate has paid Rs. 90,000 to the hotel in cash.
Consequently, no expenditure shall be allowed for deduction as per the provisions of section 40A(3).
♦ Contention of the company that each bill is within the limit is not tenable since aggregate of payments need to be
considered.
Conclusion: Payments made by the XYZ Ltd. are inadmissible u/s 40A(3) of the Income Tax Act, 1961 and hence, needs
to be reported under clause 21(d) of Form 3CD.

Question 21.
Mr. Sharma carries on the business of dealing and export of diamonds. For the year ended 31st March 2019,
you as the tax auditor find that the entire exports are to another firm in U.S.A. which is owned by Mr. Sharma’s
brother. Comment.

Ans : Export Payments to a Relative:

♦ Clause 23 of Form 3CD, requires the tax auditor to specify particulars of payments made to persons specified u/s
40(A)(2)(b) of the Income Tax Act, 1961. Persons specified in the said section are relatives of an assessee and sister
concerns, etc.
♦ In the instant case, however, Mr. Sharma has not made any payments to his brother. On the contrary, he must have
received payments from him against exports made and, thus, this clause would not be applicable to him.
Auditor will nonetheless be still as a part of his normal audit planning would be required to verify whether the exports
are genuine, i.e., whether the diamonds have been delivered by verifying the necessary delivery documents, relevant
invoices, etc., the reasonableness of the price and whether the export realisations have been received.

Question 22. (Important)

As a tax auditor how would you deal and report the following: An assessee has paid rent to his brother Rs.
2,50,000 and paid interest to his sister Rs. 4,00,000. [Nov. 11 (2 Marks)]
Or
As an auditor appointed under section 44AB of the Income Tax Act, 1961, how would you verily and report on
the following: The assessee has paid rent of Rs. 5 lakhs for premises to his brother. [Nov. 17 (3 Marks)]

Ans : Reporting of payment of rent and interest to relative:

Clause 23 of Form 3CD requires the tax auditor to furnish the particulars of payments made to persons specified under
Section 40A(2)(b) of the Income Tax Act, 1961. In relation to an individual, the specified persons include any relative of
the assessee (i.e. Husband, Wife, Brother, Sister or any other Lineal Ascendant or Descendant).
In the present case, an assessee has paid rent to his brother and interest to his sister which may be disallowed if, in
the opinion of the Assessing Officer, such expenditure is excessive or unreasonable having regard to:
1. the fair market value of the goods, services or facilities for which the payment is made; or
2. for the legitimate needs of business or profession of the assessee; or
3. the benefit derived by or accruing to the assessee from such expenditure.
Conclusion: Auditor is required to report the payments made to specified persons.

“ICAI Examiner Comments”

Examinees have discussed generally on vouching and verification aspects instead of mentioning the reporting
requirements of Tax auditor. Some examinees failed to explain with reference to Clause 23 of Form 3CD for
reporting the particulars of payments made to persons specified under section 40A(2)(b) of the Income Tax Act,
1961. Instead of explaining Tax audit requirements few examinees wrongly discussed AS 18 and SA 550 on
"Related parties".

12.12
Question 23.
As a tax auditor how would you deal and report the following: An assessee has borrowed Rs. 50 Lakhs from
various persons. Some of them by way of cash and some of them by way of Account payee cheque/draft.
[Nov. 11 (3 Marks)]
OR
As an auditor appointed under section 44AB of the Income Tax Act, 1961, how would you verify and report on
the following: The assessee has borrowed Rs. 50 lakhs from various persons partly in cash and partly by account
payee cheque. [Nov. 17 (3 Marks)]

Ans : Reporting of Borrowing in Form 3CD:

Clause 31(a) of Form 3CD requires tax auditor to report on below mentioned particulars of each loan or deposit for an
amount exceeding the limit specified in section 269SS taken or accepted during the previous year:
(i) name, address and permanent account number (if available with the assessee) of the lender or depositor;
(ii) amount of loan or deposit taken or accepted;
(III) whether the loan or deposit was squared up during the previous year;
(iv) maximum amount outstanding in the account at any time during the previous year;
(v) whether the loan or deposit was taken or accepted by cheque or bank draft or use of electronic clearing system
through a bank account;
(vi) in case the loan or deposit was taken or accepted by cheque or bank draft, whether the same was taken or accepted
by an account payee cheque or an account payee bank draft.
Conclusion: Auditor should verify the compliance with the provisions of section 269SS of the Income Tax Act and report
the same under Clause 31 (a) of Form 3CD.

“ICAI Examiner Comments” '

Examinees failed to explain with reference to clause 31 of Form 3CD for reporting on the mode of amount
borrowed. Few examinees have discussed generally on vouching and verification aspects instead of mentioning
the reporting requirements of Tax auditor. Few examinees mixed up section 40A(3) of the Income-tax Act,
1961 on disallowance of cash payments v exceeding Rs. 20000 instead of explaining the provisions of section
269SS.

Question 24.
Tiger Ltd., is a company engaged in the production of wool. Along with its production business, it is also engaged
in buying and selling of securities with the expectation of a favourable price change. During the year, its
speculation loss on account of purchase and sale of securities was to the tune of Rs. 12 lacs.
As a tax auditor, what is the reporting requirement in Form 3CD u/s 44AB of the Income Tax Act, 1961?
[May 18 - Old Syllabus (4 Marks)]

Ans : Reporting Requirement Under Clause (32)(e) of Form 3CD:

♦ Clause 32(e) of Form 3CD requires the auditor to furnish the details of speculation loss if any incurred during the
previous year, in case of a company which is deemed to be carrying on a speculation business.
♦ Explanation to section 73 provides that where any part of the business of a company consists in the purchase and
sale of shares of other companies, such company shall, for the purposes of this section, be deemed to be carrying
on a speculation business to the extent to which the business consists of the purchase and sale of such shares.
♦ In the present case, SL Pvt. Ltd. is engaged in production business and side by side dealing in buying and selling of
securities with the intention of speculation and during the current financial year, hence the company will be deemed
to be carrying on a speculation business.
Conclusion: Tax auditor of is required to furnish the details under Clause 32(e) of Form 3CD with respect to the
speculation loss of Rs. 12 lakhs made during the year.

Question 25.
ABC Printing Press, a proprietary concern, made a turnover of above Rs. 1.03 crore for the year ended
31.03.2018. The Management explained its auditor Mr. Z that it undertakes different job work orders from
customers. The raw materials required for every job are dissimilar. It purchases the raw materials as per
12.13
specification/ requirements of each customer, and there is hardly any balance of raw materials remaining in
the stock, except pending work-in-progress at the year end. Because of variety and complexity of materials, it
is rather impossible to maintain a stock-register. Give your comments.

Ans. Non-maintenance of stock register: The explanation of the entity for the use of varieties of raw materials for
different jobs undertaken may be valid. But the auditor needs to verify the specified job-orders received and the different
raw materials purchased for each job separately. The use of different papers (quality, quantity and size), ink, colour etc.
may be examined. If possible, the auditor may also enquire with the other similar printers in the locality to ensure the
prevailing custom. At the same time, he has to report and certify under the clause 35(b) and clause 11 (b) of Form 3CD
read with the Rule 6G(2) of the Income-tax Act, 1961, about the details of stock and account books (including stock
register) maintained. He (or his deputy) must verify the closing stock of raw materials, work-in-progress and finished
goods of the concern, at least on the date of its balance sheet. In case the said details are not properly maintained, he
has to specifically mention the same with reasons for non-maintenance of stock register by the entity.

Question 26. (Important)

ABC Ltd., having principal place of business in Delhi, is engaged in the generation, transmission, distribution
and supply of electricity throughout India. The management of the company came to know that the provisions
related to maintenance of cost records and cost audit are applicable to the company. The company, therefore,
appointed a cost auditor for the financial year 2018-19.
The cost auditor reported certain disqualifications in Form CRA-3 of the cost audit report to which the
management of the company disagreed.
The management of ABC Ltd. instructed its tax auditor not to reveal any of the disqualifications related to the
cost audit while filling particulars to be furnished in Form No. 3CD contending that the disqualifications are
not relevant and there is no correlation between tax audit and cost audit as well. As a tax auditor, how would
you deal with the matter? [MTP-Aug. 18]

Ans : Reporting Requirement for Disqualifications in Cost Audit Report:

♦ Clause (37) of Form 3CD requires cost auditor to comment upon whether cost audit was carried out and if yes,
details of disqualification or disagreement on any matter/item/value/quantity as may be identified by the cost
auditor should be reported.
♦ For this purpose, tax auditor should obtain the copy of cost audit report from the assessee. Tax auditor is not
required to make any detailed study of such report, he is required to take note of the details of disqualification on
any matter/item/value/quantity as may be reported by the cost auditor.
♦ In the present case, the cost auditor of ABC Ltd. has reported certain disqualifications in Form CRA-3 of the cost
audit report. Tax auditor of is required to provide the details of disqualifications reported by the cost auditor as per
Clause (37) of the Form 3CD.
Conclusion: Contention of management is not acceptable as auditor is required to provide the details of disqualifications
on any matter/item/value/quantity as may be reported/identified by cost auditor under clause 37 of Form 3CD.

Question 27.
ABC Ltd. is engaged in providing certain services on which it did not pay any service tax. As per company, said
services were not liable to service tax. However, Department issued a show cause notice to company demanding
service tax along with interest worth Rs. 5,45,000 on the same and such demand was also confirmed. An appeal
was filed to the Commissioner of Central Excise (Appeals) which passed an order which upheld the demand on
company. Company, being aggrieved by the order of the Commissioner of Central Excise (Appeals), decided to
file an appeal to the CESTAT against such order. ABC Ltd. has also requested the tax auditor not to report as
those services were not liable for service tax and it has also filed an appeal for the same.
OR
Gautam Ltd. is engaged in the manufacturing of textile products having an annual capacity of producing
2,30,000 units of garments. Gautam Ltd. is covered under the provisions of Goods and Service Tax Law with
an applicable rate of 12%. During the financial year 2021-2022, Gautam Ltd. received a demand notice of `
17.00 Lacs pertaining to the F.Y 2015-16 when the provisions of Central Excise Act were applicable. Gautam
Ltd. deposited the demand amount after discussing with its legal department. Comment whether a tax auditor
of Gautam Ltd.is required to report the same. [MTP Oct 2022]

Ans : Reporting of Taxation demands in Form 3CD:

♦ Clause 41 of Form 3CD requires auditor to furnish the details of demand raised or refund issued during the
previous year under any tax laws other than Income Tax Act, 1961 and Wealth tax Act, 1957 along with details of
relevant proceedings.

12.14
♦ In the instant case, ABC Ltd. is engaged in providing certain services on which it did not paid any service tax.
Therefore, Department issued a show cause notice and demand for Service Tax along with interest thereon. ABC
Ltd. has also filed an appeal mentioning that said services are not liable to service tax, but Central Excise (Appeals)
has passed an order confirming the demand and ABC Ltd. being aggrieved by the order of Commissioner of Central
Excise (Appeals) decided to file an appeal against the same. ABC Ltd. also requested the tax auditor not to report
on the same as the concerned services were not liable for any service tax and they have also decided to file an
appeal to CESTAT against the order of Commissioner of Central Excise (Appeals).
♦ Tax auditor should obtain a copy of all the demand/refund orders issued by the Excise Authorities. It may be
noted that even though the demand/refund order is issued during the previous year, it may pertain to a period
other than the relevant previous year.
Conclusion: Request of ABC Ltd. is not acceptable as clause 41 of Form 3CD requires tax auditor to furnish the details
of demand raised during the previous year under any tax law other than Income Tax Act, 1961.

Question 28.
Arihant Pvt Ltd is engaged in the business of providing corporate/professional training programs. It has an
annual turnover of INR 74 crore. The Company is subject to tax audit for which the work has been started by
the tax auditor. For the financial year ending 31 March 2021, the Company applied for GST registration for 5
new locations for which registration certificates have not yet been received by the Company. However, the
registration number is available on the portal of relevant authority which can be verified by checking the
details of the Company. In this case what should be the audit procedures to verify this registration number?
(RTP May 2021)

Ans. Clause (4) (Details as to Indirect Tax Registration) of Part A of Form No. 3CD generally requires the auditor to
ensure whether the assessee is liable to pay indirect tax like excise duty, service tax, sales tax, goods and service
tax, custom duty, etc. If yes, please furnish the registration number or GST number or any other identification
number allotted for the same. Thus, the auditor is primarily required to furnish the details of registration numbers
as provided to him by the assessee. The reporting is required to be done in the manner or format specified by the e-
filing utility in this context.
In the given situation, Arihant Pvt Ltd is engaged in the business of providing corporate/professional training
programs. The Company is subject to tax audit. For the financial year ending 31 March 2021, the Company applied
for GST registration for 5 new locations for which registration certificates have not yet been received by the Company.
However, the registration number is available on the portal of relevant authority.
In the instant case, the tax auditor of Arihant Private Limited should verify the registration number for the locations
for which registration certificates have not been received from online portal of the relevant authority.
The auditor should also ensure that the details furnished while checking the registration number pertains to the
company only. If the company has filed any returns for these locations, the auditor should enquire for the same from
the management and should check those returns to verify the correctness of the registration numbers. In addition,
the auditor should also obtain specific representation in respect of this point from the management.

Question 29.
Mr. Yuvi is a contractor dealing in food catering, flower decorating and light decorating activities. He has
received contract in respect of food catering and flower decorating from one NGO for holding Annual Talent
evening event to celebrate completion of 25 years of their establishment. For the said event Mr. Yuvi has
received in cash INR 1,75,000 for food catering and INR 1,35,000 for flower decoration. As a tax auditor how
would you deal and report on the above? [MTP Mar 22 and MTP Apr 2023]
Ans. Section 269ST provides that no person shall receive sum of ` 2 lakh or more a) in aggregate from a person in a
day; or b) in respect of a single transaction; or c) in respect of transactions relating to one event or occasion from a
person otherwise than by an account payee cheque or an account payee demand draft or by use of electronic clearing
system through a bank account.
Further, the tax auditor has the responsibility to verify the compliance with the provisions of 269T.
Furthermore, the tax auditor is required to report under Clause 31 (ba) particulars of each receipt in an amount
exceeding the limit specified in section 269ST, in aggregate from a person in a day or in respect of a single transaction
or in respect of transactions relating to one event or occasion from a person, during the previous year, where such
receipt is otherwise than by a cheque or bank draft or use of electronic clearing system through a bank account:-
(i) Name, address and Permanent Account Number (if available with the assessee) of the payer;
(ii) Nature of transaction;
(iii) Amount of receipt;
(iv) Date of receipt;
In the present case, Mr. Yuvi, contractor dealing in food catering, flower decorating and light decorating activities,
received in cash INR 1,75,000 for food catering and INR 1,35,000 for flower decoration from one NGO for holding one

12.15
event, by way of cash which is exceeding prescribed amount of INR 2,00,000. Thus, tax auditor is required to report
the same in compliance with Clause 31 (ba) of Form 3CD.
Question 30.
CA Nitesh, while carrying out the Tax audit of PQR Ltd. observed that PQR Ltd. has entered into specified
financial transactions covered under Section 285BA of the Income tax Act, 1961. PQR Ltd. has furnished
statement of the specified financial transaction in Form No. 61 & Form No. 61A.
Guide CA Nitesh with reporting requirements under clause 42 of Form 3CD?
The management contends that tax auditor need not report, if the transactions are not covered in the ambit
of Section 269ST. Comment. [Exam Dec 21]
Ans. Clause 42 has been introduced where the tax auditor has to report that whether the taxpayer is required to
furnish a statement of the specified financial transaction (in Form No.61 or Form No. 61A or Form No. 61B).
With respect to Form 61, the tax auditor should verify whether the taxpayer has entered into any transaction where
the other party was required to quote PAN. He should verify whether the taxpayer has obtained declaration in Form
No. 60 where the other party has not furnished his PAN. Wherever the taxpayer has received declarations in Form
No. 60, the auditor should verify if the taxpayer has filed Form No. 61 including therein all the necessary particulars.
With respect to Form 61A, the tax auditor should ascertain whether the taxpayer is required to report any
transactions under Section 285BA read with Rule 114E. It may be noted that specified transactions under Section
285BA include the issue of bonds, issue of shares, buy-back of shares by a listed company, etc. These transactions
may not happen every year and hence special attention should be given in the year when a company taxpayer issues
any security or a listed company undertakes buyback of shares.
While verifying the same, the tax auditor should ensure that the provisions of Rule 114E(3) have been properly
considered and applied.
Failure to do so may result in a certain transaction not being reported. It may be noted that the payment may be
received for various transactions and on different dates, and hence these may not be covered under Section 269ST
but will have to be reported under Section 285BA.
Keeping in view above provisions, contention of the management that tax auditor need not report is incorrect and
hence tax auditor will have to report under Section 285BA.
He would be required to report under clause 42 of Form 3CD as under:
S. Income Tax Type Due date Date of Whether the form If not please furnish list
No. Department of for furnishing, if contains information of the details/
Reporting entity Form furnishing furnished about all details/ transactions which are
Identification No. transactions which are not reported
required to be reported

Question 31.
CA Sumati has been appointed as a tax auditor under section 44 AB of the Income-tax Act, 1961, of M/s Pal &
Company, a partnership firm, following cash basis of accounting. CA Sumati made the qualification that ICDS
were not followed by the entity while maintaining books of accounts. Whether qualification made by CA
Sumati is correct? Explain the provisions of the applicability of ICDS with reference to Sec 145(2) of the
Income Tax Act, 1961. [RTP May 22]
Ans. Section 145(2) empowers the Central Government to notify in the Official Gazette from time to time, income
computation and disclosure standards are to be followed by any class of assessees or in respect of any class of
income.
Accordingly, the Central Government had, in the exercise of the powers conferred under section 145(2), notified ten
income computation and disclosure standards (ICDSs) to be followed by all assesses (other than an individual or a
HUF who is not required to get his accounts of one previous year audited in accordance with the provisions of section
44AB), following the mercantile system of accounting, for the purposes of computation of income chargeable to
income-tax under the head “Profit and gains of business or profession” or “ Income from other sources”. from the
A.Y. 2017-18.
All the notified ICDSs are applicable for computation of income chargeable under the head “Profits and gains of
business or profession” or “Income from other sources” and not for the purpose of maintenance of books of accounts.
In the case of conflict between the provisions of the Income‐tax Act, 1961 and the notified ICDSs, the provisions of
the Act shall prevail to that extent.
In the given situation, Sumati has been appointed as a tax auditor of M/s Pal & Company, a partnership firm,
following the cash basis of accounting. CA Sumati made the qualification that ICDS were not followed by the entity
while maintaining books of accounts. In view of the above provisions, it is clear the ICDS is applicable on a mercantile
system of accounting, and it is only for the purpose of computation of income chargeable to income tax under the
head “Profits and Gains of business or profession” or “Income from other sources” and not for the maintenance of
books of accounts. Thus, qualification made by CA. Sumati is not correct.

12.16
Question 32.
M/s PQR Auto, a partnership firm, is engaged in manufacture of automobile spare parts having factory at
Surat. CA S was appointed as the Tax Auditor of M/s PQR Auto for the Assessment Year 2022-2023. While
carrying out the Tax Audit under section 44AB of the Income-tax Act, 1961. CA S observed following:
(i) Interest of ` 50,000 paid to Vendor X who was registered under MSME Act, 2006.
(ii) Interest payment ` 10,000 was incurred in relation to earning exempt interest income from Tax Relief
bonds.
(iii) Sum of ` 1,00,000 was received from Mr. X, for sale of one plant and machinery. But due to non-
compliance of one of the conditions as specified in the contract with Mr. X, M/s. PQR Auto
forfeited ` 1,00,000 during AY 2022-23 as per forfeiture clause mentioned in the contract.
Guide CA S in reporting the above transactions under the relevant clauses in Form No. 3CD.
[Exam May 2022 and MTP Mar 2023]
Ans.
(i) As per Clause 22 of Form 3CD of the Income-tax Act, 1961, the tax auditor is required to state the amount
of interest inadmissible under section 23 of the Micro, Small and Medium Enterprises Development Act, 2006.
Section 23 of the MSME Act lays down that an interest payable or paid by the buyer, in accordance with the
provisions of this Act, shall not be allowed as a deduction for the purposes of the computation of income under
the Income-tax Act, 1961.
Accordingly, the CA. S is required to report the payment of interest of ` 50,000 to Vendor X who was registered
under MSME Act, 2006 under clause 22 of Form 3CD of the Income-tax Act, 1961.

(ii) As per Clause 21(h) of Form 3CD of the Income-tax Act, 1961, the tax auditor is required to report about the
amount of deduction inadmissible in terms of section 14A Income-tax Act, 1961, in respect of the expenditure
incurred in relation to income which does not form part of the total income.
Therefore, CA. S, the auditor is required to scrutinize expense accounts particularly interest account to check
whether there is included any expense which is relatable to exempt income. He is also required to note down the
amount and mention against the clause.
Thus, in the given situation, CA. S is required to report the same as per clause 21 (h) of Form 3CD of the Income-
tax Act, 1961.

(iii) As per Clause 29(A) of Form 3CD of the Income-tax Act, 1961, the auditor is required to report,
(a) whether any amount is to be included as income chargeable under the head ‘income from other sources’ as
referred to in clause (ix) of sub section (2) of section 56 the Income-tax Act, 1961.
(b) If yes, to provide the nature of income and amount thereof.

The auditor is also required to obtain a certificate from the assessee regarding all such advances received towards
transfer of capital assets which have forfeited during the year and examine whether any amount of such advances
has been written back during the year and examine the basis of such write back to determine whether such write
back was on account of an act of forfeiture. Further, the auditor is also required to verify the terms of contract to
check the conditions to forfeit of such advance and such conditions have occurred, then should verify whether
the amount has been actually forfeited.
Thus, same is required to be reported under clause 29(A) of Form 3CD of the Income-tax Act, 1961.
Question 33.
While conducting the tax audit of Rajul Ltd. you observed that company has timely filed ETDS return for TDS
deducted on salary undersection 192 of the Income Tax Act, 1961 in form 24Q in respect of fourth quarter
period from 1st January 2022 to 31st March 2022. The company has not furnished list of details which are
not reported in the statement of tax deducted at source under the pretext that TDS statements are furnished
within the prescribed time. As a Tax Auditor of Rajul Ltd. how you would deal and report? [MTP Sep 2022]

12.17
Ans.
As per Clause 34 (b) of the Form 3CD, the auditor has to report whether the assessee is required to furnish
the statement of tax deducted or tax collected. If yes, please furnish the details:
Tax deduction and Type of Due date Date of Whether the If not, please furnish list
collection Account Form for furnishing, statement of tax of details/transa ctions
Number (TAN) furnishing if furnished deducted or collected which are not reported
contains information
about all
transactions which
are required to be
reported

Accordingly, clause 34 (b) requires, a list of details/transactions which are not reported in the statement of tax
deducted at source and statement of tax collected at source are required to be furnished. The reporting requirement
is notwithstanding the fact that the assessee has furnished the statements of tax deducted at source and tax collected
at source within the prescribed time.
In the given situation, Rajul Ltd., has timely filed ETDS return for TDS deducted on Salary under section 192 of the
Income Tax Act in Form 24Q in respect of 4th quarter. The company has not furnished list of details which are not
reported in the statement of tax deducted at source under the pretext that TDS Statements are furnished within the
prescribed time. Therefore, in view of above, Rajul Ltd. is required to furnish list of details which are not reported in
the statement of tax deducted at source.

Question 34.
Billimoria & Billimoria, a partnership firm, is engaged in providing engineering consultancy services to
insurance corporates in automobile sector. The firm conducts risk inspection of vehicles and submit their
reports to insurance companies. Both the partners are Chartered Engineers. The Firm is one of your regular
tax audit clients. The following information is culled out from the account books of the company for financial
year 2021 -22 by the firm:

Particulars Rupees in Crore

Turnover 8.50
Receipt on account of sales/debtors 6.00
Cash receipt from debtors 0.10
Expenditure during year 7.00
Cash expenditure 0.21
Cash loan repayment 0.05

The partner of said firm informs you that due to changes in income-tax laws, their firm is not liable for audit
under section 44 AB of Income tax Act (commonly called as tax audit). How would you deal with the matter?
Is contention of partner in accordance with law? [RTP Nov 2022]

12.18
Ans.
Section 44 AB(a) of the Income Tax Act, 1961 prescribes that a person carrying on business shall get his accounts
audited if his total sales, turnover or gross receipts exceed ` 1 crore in any previous year. However, this limit was
enhanced to ` 10 crore in the following case where: -
(a) aggregate of all amounts received including amount received for sales, turnover or gross receipts during
the previous year, in cash, does not exceed five per cent of the said amount; and
(b) aggregate of all payments made including amount incurred for expenditure, in cash, during the previous
year does not exceed five per cent of the said payment.

However, section 44 AB(b) of the Income Tax Act, 1961 states that in case of profession, every person shall
get his accounts audited, if his gross receipts in profession exceed ` 50 lakh. The above said firm is engaged
in providing engineering consultancy services to insurance corporates. Hence, the benefit of enhanced
threshold limit is not available to persons engaged in professional activities.
The information regarding cash receipt and payment although falling within 5% of total receipts/payments is not
relevant in the instant case.
Hence, contention of partner is not correct, and firm is required to get its accounts audited under income
tax law.
Question 35.
CA. Gunjan is conducting tax audit of a company. The client is engaged in business of manufacturing and
export of carpets (Turnover `100 crore in year 2021-22). The financial statements of the company show
amount of `4 crore credited in Statement of Profit and Loss on account of “Duty Drawback”.
How should she perform audit procedures to comply with specific reporting requirements under Form 3CD in
this respect?
It was noticed that amount of ` 5 lac of duty drawback pertaining to few export shipments has not been
credited in Statement of Profit and loss. The above noted amount was admitted by customs authorities in
month of March 2022. However, it was electronically transferred to bank account of the company in next
financial year. How should she deal with the matter? [RTP May 2023]
Ans.
(a) Under Clause 16(b) of Form 3CD, proforma credits, drawbacks, refund of duty of customs or excise or service
tax, or refund of sales tax or value added tax, where such credits, drawbacks or refunds are admitted as due
by the authorities concerned and not credited to the profit and loss account are to be reported.
The details of the following claims, if admitted as due by the concerned authorities but not credited to the profit
and loss account, are to be stated under clause 16(b).
 Pro forma credits
 Drawback
 Refund of duty of customs
 Refund of excise duty
 Refund of service tax
 Refund of sales tax or value added tax or GST
All relevant correspondence, records and evidence should be examined to determine whether any refund/claim
has been admitted as due and accepted during the relevant financial year. The words' admitted by the concerned
authorities' would mean 'admitted by the authorities within the relevant previous year'.
Therefore, the tax auditor may need to scrutinise the relevant files or subsequent records, including copies of
shipping bills, etc., relating to such refunds while verifying the particulars.
Besides, appropriate management representation should also be obtained.

(b) A drawback of `5 lac is noticed as admitted by customs authorities, which has not been credited to the Statement
of Profit and loss. A company has to maintain accounts on accrual basis in accordance with section 128 of
Companies Act, 2013. As admitted drawback has not been credited in the statement of Profit and loss, the same
should be reported under clause 16(b) of Form 3CD.

12.19