AMENDMENTS TO TAX AUDIT REPORT

1. AMENDMENTS TO TAX AUDIT REPORT Compiled By : CA S.K. Bansal Sr Partner SANMARKS & Associates

2. The existing Form No. 3CA, Form No. 3CB and Form No. 3CD have been substituted vide notification no. 33/2014 dated 25.07.2014 with immediate effect. • Vide Order no. F.No. 133/24/2014-TPL dated 20-08-2014,the CBDT has • Extended the date of obtaining and furnishing the tax audit report under sec. 44AB for A/Y 2014-15 from 30th September to 30th November 2014 • . • b) Also provided that TAR filed during 1-4-2014 to 24-07-2014 in the pre revised forms shall be treated as valid TAR.

3. ISSUES • No extension of due date of filing of ITR which remains unchanged i.e. 30th Sep 2014. • TAR released by Auditors upto 24-07-2014 but not filed with I T Deptt- Will have to be revised. Advised to state following in 3 CA or 3 CB “ This report alongwith particulars in the annexed Form 3CD have been issued in lieu of Audit Report already issued on _________________ in view of Notification No 33/2014 dted 25-07-2014 issued by the C.B.D.T.”

4. Problems will be there for non corporate assessees if ITR filing date is not extended since they are required to get their accounts audited U/S 44 AB only. • Even Corporate assessees will face problems in correct compiling and filing of their ITRs until and unless TAR is issued by the auditors. • Till now, there is no change in the ITR Form 4, 5 and 6 w.r.t. the date of furnishing of TAR. Utility for filing TAR has since been released.

5. Changes in Form No. 3CA A)Period Of Statement of Profit & Loss account to be mentioned “the audited *profit and loss account / income and expenditure account for the period beginning from ----------------------to ending on -----------------------------.

6. B) Observations and Qualifications to be mentioned In *my / our opinion and to the best of *my/ our information and according to examination of books of account including other relevant documents and explanations given to *me / us, the particulars given in the said Form No.3 CD are true and correct subject to the following observations/qualifications, if any: • a. • b. • C The words [and the annexure thereto] deleted

7. Changes in Form No. 3CB • Period of Profit & Loss account to be mentioned: I / we have examined the balance sheet as on, ____, and the *profit and loss account / income and expenditure account for the period beginning from ----------------------to ending on -----------------., attached herewith_____________ Name), _______________(Address), ____________(Permanent Account Number).

8. B) Observations and Qualifications to be mentioned: 5. In *my/our opinion and to the best of *my / our information and according to explanations given to *me/ us, the particulars given in the said Form No.3 CD are true and correct subject to following observations/qualifications, if any: • a. • b. • c. • The words [and the annexure thereto] deleted

9. Changes in 3CD Report • The Revised Form 3CD has 41 clauses as against 32 clauses prior to this notification. The key changes made are : • Addition of 9 new clauses • Modification in some existing clauses. • Doing away with requirement for certification by client/ auditee- Section 40 (A) (3) & Section 269 SS and 269T

10. Two new clauses in PART (A) Clause No 4 Clause No 8 Whether the assessee is liable to pay indirect tax like excise duty, service tax, sales tax, customs duty etc. if yes, please furnish the registration number or any other identification number allotted for the same Indicate the relevant clause of section 44AB under which the audit has been conducted

11. 2)Period of the Previous Year to be mentioned Previous year from……………..to ………..

12. Furnish the address where books of accounts are kept Clause No 11 (b) List of books of account maintained and the address at which the books of accounts are kept. (In case books of account are maintained in a computer system, mention the books of account generated by such computer system. If the books of accounts are not kept at one location, please furnish the addresses of locations along with the details of books of accounts maintained at each location.

13. Clause no. 11 (C) List of books of account and nature of relevant documents examined. Clause no. 12 Whether the profit and loss account includes any profits and gains assessable on presumptive basis, if yes, indicate the amount and the relevant section (44AD, 44AE, 44AF, 44B, 44BB, 44BBA, 44BBB, Chapter XII-G, First Schedule or any other relevant section.)

14. Clause no. 13 ( c ) Effect on Profit & loss due to change in method of accounting to be furnished in tabular format as below:-

15. Clause no. 14 (b) Effect on Profit & loss due to deviation from the method of valuation of closing stock prescribed under section 145 A to be furnished in tabular format as below:-

16. Clause 17 (New) • Where any land or building or both is transferred during the previous year for a consideration less than value adopted or assessed or assessable by any authority of a State Government referred to in section 43CA or 50C, please furnish:

17. Clause 19 Additional disclosures for Sec.32AC , 35(2AA), 35(2AB),35AD,35CCC and 35CCD

19. Clause No 20 (b) : Details of contributions received from employees for various funds as referred to in section 36(1)(va):

20. Clause No. 21 (a) Please furnish the details of amounts debited to profit & loss account being in the nature of Capital, Personal, Advertisement expenditure etc.

22. Clause no. 21 (b) • Amounts inadmissible under section 40(a):- • (i) as payment to non-resident referred to in sub-clause (i) • (A) Details of payment on which tax is not deducted: • (I) date of payment • (II) amount of payment • (III) nature of payment • (IV) name and address of the payee

23. (B) Details of payment on which tax has been deducted but has not been paid during the previous year or in the subsequent year before the expiry of time prescribed under section 200(1) • (I) date of payment • (II) amount of payment • (III) nature of payment • (IV) name and address of the payee • (V) amount of tax deducted

24. (ii) as payment referred to in sub-clause (ia) • Details of payment on which tax is not deducted: • date of payment • (II) amount of payment • (III) nature of payment • (IV) name and address of the payee • (B) Details of payment on which tax has been deducted but has not • been • paid on or before the due date specified in sub- section (1) ofsection139.

25. (B) Details of payment on which tax has been deducted but has not been paid on or before the due date specified in sub- section (1) of section 139. (I) date of payment (II) amount of payment (III) nature of payment (IV) name and address of the payer (V) amount of tax deducted (VI) amount out of (V) deposited, if any

26. (iii) under sub-clause (ic) [Wherever applicable] (Being any sum paid on a/c of FBT) (iv) under sub-clause (iia) (Being any sum paid on a/c of Wealth Tax) (v) under sub-clause (iib) (Being royalty, licence fee service fee etc which is to be borne by a State Govt Undertaking ot the State Govt)

27. (vi) under sub-clause (iii) (being salary payable outside India OR to a non resident w/o TDS) (A) date of payment (B) amount of payment (C) name and address of the payee

28. (vii) under sub-clause (iv) (viiii) under sub-clause (v) (being any tax actually paid by an employer U/S 10 (10CC)

29. Clause No 21 (d) .Dispensing with the requirement of obtaining certificate from the assessee • Now Auditor is not required to report whether or not he has obtained any certificate from Assessee Under section 40 A (3)

30. Clause No. 21 (d) • (A) On the basis of the examination of books of account and other relevant documents/evidence, whether the expenditure covered under section 40A(3) read with rule 6DD were made by account payee cheque drawn on a bank or account payee bank draft. If not, please furnish the details:

31. (B) On the basis of the examination of books of account and other relevant documents/evidence, whether the payment referred to in section 40A(3A) read with rule 6DD were made by account payee cheque drawn on a bank or account payee bank draft If not, please furnish the details of amount deemed to be the profits and gains of business or profession under section40A(3A);

32. Clause No. 24 Amounts deemed to be profits and gains under section 32AC or 33AB or 33ABA or 33AC. (Sec. 32 AC provides for deduction for investment in new plant & machinery. If such P/M is sold within a period of five years, then deduction already allowed shall be deemed as income.)

33. Clause No 28 New Whether during the previous year the assessee has received any property, being share of a company not being a company in which the public are substantially interested, without consideration or for inadequate consideration as referred to in section 56(2)(viia), if yes, please furnish the details of the same.

34. Clause No 29. – New • Whether during the previous year the assessee received any consideration for issue of shares which exceeds the fair market value of the shares as referred to in section 56(2)(viib), if yes, please furnish the details of the same.

35. Clause No 31. Dispensing with the requirement of obtaining certificate from the assessee Whether the taking or accepting loan or deposit, or repayment of the same were made by account payee cheque drawn on a bank or account payee bank draft based on the examination of books of account and other relevant documents Clause 31 (C ) Now Auditor is not required to report whether or not he has obtained any certificate from Assessee Under section 269SS and 269T of the Income Tax Act,1961.

36. Clause No. 32 ( c ) --New • Whether the assessee has incurred any speculation loss referred to in section 73 during the previous year, If yes, please furnish the details of the same.

37. Clause No. 32 ( d ) -- New Whether the assessee has incurred any loss referred to in section 73A in respect of any specified business during the previous year, if yes, please furnish details of the same.

38. Clause No. 32 (e) NEW In case of a company, please state that whether the company is deemed to be carrying on a speculation business as referred in explanation to section 73, if yes, please furnish the details of speculation loss if any incurred during the previous year.

39. ClauseNo.33 Details of deduction admissible under Chapter VIA or Chapter III • Section-wise details of deductions, if any, admissible under Chapter VIA or Chapter III (Section 10A, Section 10AA).

40. Clause No. 34 (a) Whether the assessee is required to deduct or collect tax as per the provisions of Chapter XVII-B or Chapter XVII-BB, if yes please furnish:

41. Clause no . 34 (b) NEW whether the assessee has furnished the statement of tax deducted or tax collected within the prescribed time. If not, please furnish the details:--

42. Clause No.34(c) NEW whether the assessee is liable to pay interest under section 201(1A) or section 206C(7). If yes, please furnish:

43. Clause No. 36 More Details of tax on distributed profits under section 115-O • In the case of a domestic company, details of tax on distributed profits under section 115-O in the following form :- • (a) total amount of distributed profits; • (b) amount of reduction as referred to in section 115- O(1A)(i); • (c ) amount of reduction as referred to in section 115- O(1A)(ii); • (d) total tax paid thereon; • (e) dates of payment with amounts.

44. Clause No. 37 Details of disqualification or disagreement identified and reported by Cost Auditor • Whether any cost audit was carried out, if yes, give the details, if any, of disqualification or disagreement on any matter/item/value/quantity as may be reported/identified by the cost auditor.

45. Clause No. 38 Details of disqualification or disagreement identified or reported by auditor under Central Excise Act 1944 Whether any audit was conducted under the Central Excise Act, 1944, if yes, give the details, if any, of disqualification or disagreement on any matter/item/value/quantity as may be reported/identified by the auditor.

46. Clause No. .39 Details of disqualification or disagreement identified or reported by audit under section 72A of the Financial Act 1994 Whether any audit was conducted under section 72A of the Finance Act,1994 in relation to valuation of taxable services, Finance Act,1994 in relation to valuation of taxable services, if yes, give the details, if any, of disqualification or disagreement on any matter/item/value/quantity as may be reported/identified by the auditor.

47. Clause No. 40 Details of total turnover and accounting ratios for the Previous year and Preceding Previous year to be mentioned

48. Clause No. 41 –NEW Details of demand raised or refund issued Please 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.

49. Example on Clause 34 (a) • 1. TAN :ABCD01567Q • 2. Section :194-C • 3.Nature of Payment :Payments to Contractors • 4.Total amount of payment or receipt of the nature specified : Rs. 5 Crores In column (3) • 5. Total amount on which tax was : Rs. 4 Crores. required to be deducted or collected out of (4)

50. 6. Total amount on which tax : a) Rs. 3 Cr. @ 1% was required to be deducted or b) Rs. 1 Cr.@2% collected at specified rate out of (5) • 7.Amount of tax deducted : Rs. 4.00 Lacs or collected out of (6) • 8. Total amount on which tax : Rs. 50.00 Lacs was deducted or collected at less than specified rate out of (7) • 9.Amount of tax deducted : Nil or collected on (8)