B. Com. III Adv. Acc. P. II & IV All
B. Com. III Adv. Acc. P. II & IV All
B. Com. III Adv. Acc. P. II & IV All
B. Com. Part-III
Advanced Accountancy
Semester-V Paper-II
Semester-VI Paper-IV
K J
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Shivaji University,
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First Edition 2015
Second Edition 2017
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ISBN- 978-81-8486-625-4
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(ii)
Centre for Distance Education
Shivaji University, Kolhapur
n ADVISORY COMMITTEE n
Prof. (Dr.) D. B. Shinde Prof. (Dr.) P. S. Patil
Vice-Chancellor, I/c. Dean, Faculty of Science and
Shivaji University, Kolhapur Technology, Shivaji University, Kolhapur
Prof. (Dr.) D. T. Shirke Prof. (Dr.) A. M. Gurav
Pro-Vice-Chancellor, I/c. Dean, Faculty of Commerce and
Shivaji University, Kolhapur Management, Shivaji University, Kolhapur
Prof. (Dr.) M. M. Salunkhe Prof. (Dr.) P. D. Raut
Former Hob’ble Vice-Chancellor, I/c. Dean, Faculty of Inter Disciplinary
Yashwantrao Chavan Maharashtra Open Studies, Shivaji University, Kolhapur
University, Nashi.
Dr. V. D. Nandavadekar
Prof. (Dr.) K. S. Rangappa Registrar,
Former Hon’ble Vice-Chancellor, Shivaji University, Kolhapur
University of Mysore
Shri. M. A. Kakade
Prof. P. Prakash Director, Board of Examinations and Valuation,
Additional Secretary, Shivaji University, Kolhapur
Distance Education Bureau,
Shri. A. B. Chougule
University Grants Commission, New-Delhi.
Ag. Finance and Accounts Officer,
Prof. (Dr.) Cima Yeole Shivaji University, Kolhapur
Git Govind, Flat No. 2,
Prof. (Dr.) M. A. Anuse
1139 Sykes Extension,
(Member Secretary) Director,
Kolhapur-416001
Centre for Distance Education,
Dr. Smt. Bharti T. Patil Shivaji University, Kolhapur.
I/c. Dean, Faculty of Humanities,
Shivaji University, Kolhapur
(iii)
Centre for Distance Education Advanced Accountancy
Shivaji University, Paper-II and IV : B. Com. III
Kolhapur.
Writing Team
Prof. M. R. Thite 1 -
Night College of Arts & Commerce, Ichalkaranji.
Dr. V. K. Sawant 1, 2 -
Savitribai Phule Mahila Mahavidyalaya, Satara
Dr. N. L. Kadam 2 -
Jaysingpur College, Jaysingpur
Shri. A. A. Kamble 3 -
Night College, Kolhapur
Sou. S. R. Bhilwade 4 -
G. A. College of Commerce, Sangli.
Shri. A. K. Ganbawale - 1
Shri Venkatesh Mahavidyalaya, Ichalkaranji
Dr. P. V. Mohite - 2, 4
Arts & Commerce College, Ashta
Dr. P. M. Herekar - 3
Devchand College, Arjunnagar.
Dr. B. N. Thigale - 4
Devchand College, Arjunnagar
n Editors n
Dr. V. K. Sawant Dr. P. V. Mohite
Savitribai Phule Mahila Mahavidyalaya, Arts & Commerce College,
Satara
Ashta
(iv)
Preface
It gives us immense pleasure, to present this study material before the
distance learning students of B. Com. Part-III. The students who are
deprived from taking admission in the colleges due to some personal or
social reasons may get the required subject knowledge from this book.
Here in this book we the unit writers and editorial board have taken
reasonable care to give maximum theoretical and practical knowledge to
the students. Hope it will enable the students to get the adequate knowledge.
We are thankful to all the members of the Board of Studies, unit writers
and the editorial board, without support of which it may not have completed.
Dr. P. V. Mohite
Chairman,
BOS in Accountancy and Auditing,
Acturial Science and Cost Accountancy
(v)
B. Com Part-III
Semester V and VI
SIM IN ADVANCED ACCOUNTANCY PAPER II AND IV
INDEX
Unit Page
Topic
No. No.
Semester-V : Paper-II
1 Auditing 1
2 Vouching 17
4 Company Auditor 82
Semester-VI : Paper-IV
(vii)
Each Unit begins with the section 'Objectives' -
The self check exercises with possible answers will help you to
understand the Unit in the right perspective. Go through the possible
answer only after you write your answers. These exercises are not
to be submitted to us for evaluation. These are provided to you as
Study Tools to help keep you in the right track as you study the
Unit.
(viii)
Unit - 1
Auditing
Structure
1.0 Objectives
1.1 Introduction
1.2 Meaning and definitions
1.3 Scope of auditing
1.4 Advantages / Necessity of auditing
1.5 Basic general principles of auditing
1.6 Objectives of auditing
1.7 Types of audit
1.8 Internal check
1.9 Key words
1.10 Self assessment questions
1.11 Further Readings
1.0 Objectives
After studying this unit you will understand :-
l Meaning of Auditing
l Scope of Auditing
l Objectives of auditing
l Types of audit
1
1.1 Introduction
The Industrial Revolution in 1860 has changed the nature of business from small
scale industry to large industries. It increased the volume of trading operations
necessiting the use of more capital. The required capital was collected from various
scattered share holders. The management of business is being done by employed
(salaried) persons. Therefore the owner (shareholders) wants to know the financial
positions of their business. It necessited the use of proper checking of accounts.
In the early stage of civilisation, the size of business houses were very small.
The amount invested were also very less. A businessman himself records the
transactions. Therefore there was no need to check the transactions by some other
person. The transactions of public companies have to be checked by a third party.
There were no special staff to check these transactions. The accounts were read
before some impartial and experienced persons, ordinarily ‘Judges’ known as ‘auditors’.
They hear the accounts written by accountants and express their opinion about the
correctness of the accounts. Thus the term ‘auditor’ literally means ‘hearer’ i.e one
who hears the accounts. The word ‘audit’ is derived from the ‘Latin’ word ‘audire’ which
means to hear.
In the last decade of 15th Century Luca Paciolo, an Italian published the book
‘Principles of double entry book - keeping’ in 1494. This was only system of recording
all types of business transactions. The history of auditing in India dates back to April
1914, when Indian Company Act 1913 was passed. This Act made it obligatory to
every Company registered under this Act; to have the accounts audited at least once
in a year. In the initial stage Bombay Government was conducting Government
Diploma In Accountancy examinations. Thereafter under the Auditors Certificate Rules
1932 allowed to work as auditor. The Central Government established an Indian
Accountancy Board under which Registered Accountants were allowed to work as an
auditor.
In 1949 The Chartered Accountants Act came into force. It granted autonomy to
the accountancy profession. In order to obtain it’s certificates of Chartered Accountant
a person has to follow the rules and regulations made by the institution.
2
account. The person who does the work of examination of books of accounts is called
as an auditor.
1.2.1 Definitions :
In the initial stage audit included only the ascertainment of the fact whether the
accountant has properly recorded the receipts and payments of cash i. e. it was
merely a cash audit. But today the scope of audit has much wider than that of
previous. Following are some important definitions of auditing.
(b) The audit work is carried out by an independent person who is not connected
with writing of books of accounts.
(c) To state whether the Profit and Loss Account and Balance Sheet show true and
fair position of the state of affairs.
3
1.3 Scope of Auditing –
The scope and dimension of auditing greatly increased in severities. The evolution
of new concept such as tax audit, management audit and operational audit. The
primary audit objective of detection of the errors and frauds now shifted to the
determination of the fairness and authenticity of reported financial position together
with the detection and prevention of errors and frauds. This vastly enhanced the scope
of auditing exhaustive rules and regulations were framed in all the countries of the
world for conduct of independent professional audit.
An auditor certifies the correctness of the books of accounts and detects errors
committed by the accounting clerk in the preparation of financial statements. If the
verification is not conducted in proper and satisfactory manner, the result would be
unreliable. There are various reasons due to which the financial books may be
incorrect. The auditor should bring them to light and report to the owners of the
business.
Thus as stated by shri A. K. Chanda, former Comptroller and Auditor General of
India, “audit is not an inquisition and it’s aim is not one of fault finding. Its purpose is
to bring to notice of the administration lacuna in the rules and regulations and lapses,
and to suggest possible ways and means for the execution of plans and projects with
greater expedition, efficiency and economy.”
Book Keeping, Accountancy and Auditing –
Book – Keeping, accountancy and auditing are the three aspects of Accountancy.
The first part is a practical, second is theoretical and last one is analytical. Initially there
was no difference in duties of book keeper and accountant. With the development
industry and trade, book – keeping and accountancy have become separate functions.
The following description makes this distinction clear.
Book – Keeping : It is the art of recording the daily transactions in the set of
financial book. The book – keeper is mainly concerned with journalising, posting,
totaling and balancing the various accounts in the ledger. This work is a mechanical
work and does not require any special skill.
Accountancy : Accountancy begins where Book – Keeping ends. The work of
Accountant, start when the job of book – keeper is completed. The accountant has to
satisfy himself that the transaction have been properly recorded and posted in the
books of accounts. He makes the trial balance agree. Then he prepares the final
accounts after making necessary adjustments. He should have knowledge of accounting
principles and basic skill of preparing the final accounts.
4
Auditing : Where accountancy ends, auditing begins. It involves verification
of the entries passed by accountant and final accounts prepared by him. It is a
work of scrutiny with the help of vouchers, documents and the information supplied
him. The auditor has to satisfy himself about the authenticity of transactions.
The auditor is required to submit his report to the effect whether or not the
Balance Sheet is true and fair representation of the state of affairs of the
business. Thus an auditor must be well – versed in accounting. The person having
passed the examination of Chartered – Accountant (C. A) is qualified to work as
an auditor.
Point of
Accounting Auditing
Difference
5
Point of
Accounting Auditing
Difference
Report The accountant need not to The auditor has to submit his
submit his report. report to the appointing
authority.
6
audited statements and can be sure about their investments.
9. Insurance companies also reply upon the audited statements of accounts for
settlement of claims in respects of fire insurance etc.
10. The audited statements of a business are readily accepted as evidence in trade
disputes.
Is auditing a Luxury ?
The following points have been given to prove that auditing is a luxury.
1. The remuneration paid to the auditor is a charge on profit and mere wastage of
funds.
2. Auditing creates a lot of obstructions in daily routine of work and hence it is an
unnecessary waste of time.
3. As auditing can not detect and prevent all the errors and frauds & it is of no use.
The above arguments are not sound and are based on illusory grounds. If
accounting is a necessity, auditing is still more important. Auditing may not be
necessity and legally compulsory in the case of small business houses where only
small amounts of capital are invested and accounts are maintained in a very crude
form. But for big business audit has a great practical utility. Every firm must maintain
proper accounts and get them audited by some independent and qualified auditor.
Hence, it is wrong to say that auditing is a luxury, while accounting is a necessity.
3. Principles of full disclosure : The client should provide to the auditor all
possible evidence, explanation and records. The principle implies that the auditor
should make full disclosure of his findings.
7
4. Principles of materiality : This principles indicates that more attention must be
paid to those items which are materially important and in the areas where the risk
of error / fraud is relatively more.
Types of errors :
1. Errors of omission.
2. Errors of commission.
3. Errors of principles.
4. Compensating errors.
8
3. Errors of principles : Such errors takes place when proper allocation of
expenditure / income is not made according to the fundamental principles of
accountancy. When capital expenditure / income is treated as revenue expenditure
/ income & vice-versa. Then it is said to be errors of principles. This types of errors
cannot be detected easily, as they do not affect the agreement of trial balance.
This is one type of fraud prepared by cashier. Cash received from a debtor is
neither recorded in cash book nor to that debtors account but it is appropriated by
cashier. On receipt of cash from another debtor; account of first debtor is credited
and on receipt of cash from third debtor, second debtors account is credited and so
on. This process goes on till the fraud is detected. Thus under this method past
defalcations are covered up by the present receipt. Such frauds are very difficult to
discover. The auditor should check the internal check system and use his professional
skill to detect such appropriations.
9
1.7 Types of Audit
Chart Showing Different Classes of Audit
Internal Audit :
“In its narrow sense, such an audit is one that is carried out by the specialist staff
of the organisation being audited, and concern itself mainly with the routine checking
of accounting transactions on a daily basis, with the object of quickly locating irregularities
thus making it more difficult to perpetrate a fraud, because of the constant nature of
checking” – H. Washerbrook.
This type of audit is optional. It is conducted by the internal auditor who is
appointed to the proprietor. Even the employee of the orgnisation may be appointed as
an internal auditor to examine the books of accounts. All the terms & conditions of audit
work are determined by the agreement. The basic purpose of internal audit is not only
to examine the books of accounts but also to review the present working and make
valuable suggestions to improve it.
The purpose behind internal audit is to assure the management that the accounts
are being properly maintained and the system provides adequate safeguards for
detection and prevention of any fraud. The scope and objective of internal audit vary
from business to business. It may even extend to accounting aspect. It is a part of the
system of internal control.
10
Objectives of Internal Audit –
(a) Companies : The companies Act 1913, made audit of companies registered
under the Act, compulsory for the first time in India. The companies Act 1956 as
amended upto date has made significant changes in rights, duties and powers etc,
of an auditor. Qualification of an auditor have been laid down in section 226 of the
Act.
(iv) Public and charitable trusts registered under various concerned Acts.
(vi) All business organisations having annual sales over prescribed limit.
11
Essential characteristics of statutory audit
(ii) The auditor must be a qualified chartered Accountant or a cost and works
accountants for permitted audit only.
(iii) The auditor must not — any prescribed disqualification during the course
of audit
(iv) Appointment of auditor is made as per the provisions of the relevant Acts.
(vi) It enables the appointing authority to get full disclosure of all material facts
Internal audit may be for any period. External audit generally covers one
accounting year.
Internal auditor can not apply test External auditor can apply test check if
check. the internal control system is effective.
12
1.8 Internal Check
Meaning of Internal Check: The internal check is a part of the whole system
of internal control and is best regarded as the checks on the day-to-day transactions.
The term ‘internal check’ implies organization of the system of accounts of an office
or factory and an arrangement by which the duties of the various members of the staff
of a business are allocated in such a way that the work done by one person is
automatically checked by another and thus the possibility of fraud, or error, or
irregularity is minimized. In internal check, no one person is made responsible for all
phases of a transaction.
L.R. Dicksee defines Internal Check as “such an arrangement of book-keeping
routine that errors and frauds are likely to be prevented or discovered by the very
operation of the book-keeping itself”.
De Paula defines it as “Internal Check means practically a continuous internal
audit carried on by the staff itself, by means of which the work of each individual is
independently checked by other members of the staff”.
According to Professor Arnold W. Johnson, “Internal Control System and
verified by the work of another employee- both employees, working independently and
without duplication of each other’s work”.
From above discussion and definitions it can be observed that:
i. The internal check is an integral part of the whole system of internal control.
ii. Internal check means the check imposed on day-to-day transactions.
iii. Internal check includes matters such as allocation of authorities, division of work
and proper methods of recording transactions, etc.
iv. No single employee is allowed to carry out himself complete work from start to
finish. And work is divided among more persons. Thus, the system is based on
the principle of division of labour.
v. An arrangement of work is made in that order that the work of one employee is
automatically checked by the another employee. It means, the work of one
person is complementary to that of another.
vi. There is no duplication of work.
vii. Errors, frauds and misappropriations are detected at early stage.
The main objective of internal check is to prevent and alternatively make early
detection of frauds, errors, waste and misappropriation.
13
It is also noted that, the internal check system is more useful to big concerns. And
in a small concern, this system is not practicable. In internal check system, one
person should not be in charge of any one important aspect of business. The work
of each employee should change from time to time without prior notice. One person
should not be in charge of one aspect for a long time. Accounting procedures must
be reviewed periodically. There must be regular stock-taking of inventory and
discrepancies must be looked into. There must be physically verification of various
assets.
Importance of Internal Check for Audit: The soundness of the system of
internal check and the manner it is carried out are the matters of fundamental
importance to the auditor. The internal check system largely determines the nature
and extent of the scope of auditor’s work. If there is an efficient system of internal
check, the work of an auditor becomes quite easy. A good and effective system of
internal check relieves the auditor of a large part of detailed checking of the transactions
and he may give his attention to more important sections of his audit work.
In order to know effectiveness of internal check system, the auditor should
carefully study the system in force in the organization. He should apply few test
checks and if results are satisfactory, he may safely rely on it. In case he finds that
internal check system is not satisfactory, then it would be necessary to him to check
all the transactions from the beginning to the end. Thus, existence of a good internal
check system helps an auditor to a great extent in the conduct of his work but does
not reduce his legal liability. The better the system of internal check in an organization,
the larger can be the extent of test check by the auditor, e.g. in case of payment of
wages, he should compare the attendance of the workers with the gate keeper’s
record, foreman’s record, the wages sheet and the cash book. But wherever the
auditor feels that there are weak centres of loopholes, he should exhaustively check
all the records.
The auditor is the best outside agency to properly evaluate the internal check
system within the organization. He should thoroughly go into the system of internal
check. He should, in such circumstances, bring this fact to the notice of the management
and shareholders also. He should also suggest the changes he feels necessary to
strengthen the system of internal check.
Due to internal check system, it is possible to get the auditing work done from
the employees. Internal check system can be applied for Cash Receipts and Payment,
Credit Purchase and Sales, Payment of Wages, Cash Sales, Stores of a large
manufacturing concern, etc. If the internal check system is efficient, it minimizes work
load of an auditor. Internal check system creates sense of responsibility among the
14
employees, therefore employees are performing their operations carefully, so audit
work is becoming easy and will complete within stipulated time. Because of internal
check system the volume of auditor’s work is reduced. It saves time of the auditor.
Internal check system is a good substitute for detailed checking for those business
houses where it is impracticable to check each transaction.
2. True and Fair view : Real and factual financial position of company’s state
of affairs
15
1.11 References for further study
Kishnadwala, V. H., Kisnadwalla, N. H. & Shetti, M. V. (1997) Auditing Principles
& Practice, New Delhi: Sultan Chand & Sons.
Saxena, R. G. (2001) Principles and Practice of Auditing, Mumbai: Himalaya
Publishing House.
Tandon, B. N., Sudharsanam, S. & Sundharabahu, S. (2001) A Handbook of
Practical Auditing, New Delhi: S. Chand & Company Ltd.
ooo
16
Unit - 2
Vouching
Structure
2.0 Objectives
2.1 Introduction
2.2 Characteristics of Vouching
2.3 Objectives of Vouching
2.4 Significance of Vouching
2.5 Important points to be considered while vouching transactions.
2.6 Vouching and Auditor
2.7 Vouching of Cash Transactions
2.8 Vouching of Credit Purchases and Credit Sales
2.9 Investigation
2.10 Introduction of verification
2.11 Meaning of Valuation
2.11.1 The basis for Valuation
2.11.2 Valuation of Assets
2.11.3 Difference between Verification and Valuation
2.11.4 Auditor’s Duties in Connection with Valuation
2.11.5 Principles of Verification and Valuation of Assets
2.11.6 Verification and Valuation of Assets and Liabilities
2.12 Self Assessment Questions
2.13 Further Readings
17
2.0 Objectives
After going through this unit you would be able to understand -
l The meaning and nature of vouching.
l The importance of vouching and auditors duty in relation thereto.
l The important points of vouching.
l The vouching of cash transactions.
l The vouching of credit purchases and sales.
l The meaning and need of investigation.
l The meaning and nature of Verification and Valuation of assets and liabilities.
l The difference between Vouching & Verification and Verification & Valuation.
l The basis of valuation of various assets and how they are valued.
l The position of auditor in connection with verification & valuation.
l The Principles of Verification and Valuation of Assets.
l Verification and valuation of some common assets and liabilities.
2.1 Introduction
It is one of the major responsibilities of the auditor to see all the transactions are
properly accounted for and these are supported and substantiated by authentic
documentary evidences. Every transaction must be supported by proper written
evidences which could prove that the transaction has actually taken place.
A documentary proof or evidence in support of a transaction is called a voucher. It may
be any of the following forms -
18
Gate Keeper's Order Book Store Keeper's Correspondence
Book Book
'Vouching does not mean merely the inspection of receipts with the transactions
of a business together with documentary and other evidence of sufficient validity to
satisfy an auditor that such transactions are in order, have been properly authorized
and are correctly recorded in the books.' - De Paula.
2. It is an examination of vouchers.
4. It ascertains that whether all the transactions are related to the business and
there is no omission in recording the transactions and at the same time no
fraudulent entries are passed in the books of accounts.
19
5. It ascertains that the transactions have actually taken place and it is within the
limit of authority.
5. To see that all the transactions are properly accounted for in the books of
accounts.
7. To see that for all the transactions there are supporting documentary evidence.
Vouching reveals the truth of entries in the books of accounts. The validity,
authenticity and correctness of the vouchers i.e. prime evidences and its proper
accounting is being checked by the way of vouching.
One of the objectives of audit is detection of errors and frauds. In this regard
vouching is of great help to an auditor. It points out errors and frauds in the books of
primary entries and hence, its reflection in further accouting can be easily detected. It
means vouching is a base of auditing with the help of which auditor can proceed well
further and can certify the accounts.
20
Vouching proves whether the final accounts reflect true and fair view of the state
of affairs of the business. Vouching is the process of checking entries in the books of
original records on which entire accouting of the business is based upon. Vouching
ensures original entries by checking genuineness and authenticity of transactions and
their postings in the books of accounts are made as per the principles of accouting.
Vouching verifies first the documentary and other related evidences which are
the basis of entries. It points out the fraudulent and wrong vouchers and thus helps an
auditor to find out errors and frauds at the initial stage of auditing.
Vouching alerts an aduitor by pointing out errors and frauds at the beginning of
auditing. If there are some mistakes in vouchers and original entries or there are some
fraudulent vouchers, auditor will become alert and he will exercise careful complete
checking and would not resort on test checking.
From all the discussion we can conclude that vouching is not merely checking
the documentary evidences but the auditor should satisfy himself that the transactions
or entries are in order, they are properly authorized and correctly recorded in the books
of accounts following the accounting principles. For example, the auditor should not
rely ony on the receipt of the creditor for the payment made to him but he has to confirm
that the goods are purchased from him on credit, of the given value after proper
sanction from the competent authority and as per the agreement the payment is made
by cheque. If the payment is made in cash, he should enquire why the payment is
made in cash. He should also verify the accounting entry passed in the books of
accounts.
1. Serial : All the vouchers must be serially arranged and numbered according
to date and entries in the books of accounts. The entries in the books of accounts
should also bear the serial number of vouchers that will easy to correlate the voucher
with the particular entry.
All the vouchers should also be filed serially and properly. The files should be
given serial numbers and the period should be mentioned clearly at the front of the file.
These are also to be arranged serially, Otherwise the auditor will loss his valuable time
in searching the right vouchers.
2. Date, Amount and Name : There is a chance that the voucher of the same
date of the last month or year may be produced again so, auditor should check the date
21
of voucher carefully.
The voucher should contain the amount both in figure as well as in words. The
auditor should see that the amount tally with the amount entered in the books of
accounts.
Each voucher should be in the name of the business concern and not in the
name of any individual i.e. official or partner or director. The vouchers of personal name
should be rejected or should check other relevant documents to confirm that the
voucher is related to the business. He should also confirm the name of the party
issuing the voucher.
5. Period : The period of the item is much important. Receipts and payments
may relate to the previous year, current year or next year. Entries are passed taking
into account the period to which it relates. Prepaid or pre-received items as well as
received in advance and paid in advance items should be properly accounted for taking
into account any provisions or reserves made. The auditor should pay careful attention
towards this.
6. Other Precautions :
(b) Checked vouchers and related documents should be marked with stamp,
signature or both so that they can not be reproduced.
(c) List of rejected vouchers should be made and they should be kept away
from the particular voucher file or in a separate file.
22
(d) List of missing vouchers is also to be prepared and the relevant documents
must be checked more carefully.
(e) In the case of duplicate vouchers, auditor should be more alert and get
information till he satisfies regarding why there is duplicate voucher. All the
relevant documents must be checked more carefully.
(f) Auditor should satisfy himself that entries are passed correctly in the books
of accounts. Checked entries should be marked with particular sign or tick
mark. Explanation should be collected regarding unticked items and these
items be compared with missing vouchers for confirmation.
(g) Doubtful and torned or spoiled vouchers should be checked carefully. These
are to be consulted with responsible officer.
(h) In any case help should not be taken from the employee of the concern in
respect of vouching.
(i) All his experiences and observations should clearly be noted down which
will become part of his report.
It is expected that the auditor should not mere compare the figures from vouchers
and the entries in the books. He should go beyond the books and found that –
- the transaction has taken place,
- the transaction has related to the business,
- the transaction has effected under proper authority,
- the transaction is recorded correctly in the books of accounts,
- there are sufficient primary and collateral documentary evidences which proves
the transaction is authorized, authenticated and approved.
Before starting vouching of a cash book, internal check system must be examined
carefully. If the internal check system is doubtful or suspicious the auditor should follow
hundred percent vouching. The auditor should ascertain whether a rough cash book
or diary has been maintained, process of receiving cash and making payments in
respect of various types of transactions, process of banking and withdrawing cash
from banks, authority approving the payments and signing cheques etc.
He should confirm that – a) all unused books of accounts and books of receipts
and other vouchers are kept in custody of a responsible officer, b) there are specific
rules regarding allowing cash and trade discount, c) spoilt or torned vouchers are not
destroyed but are attached with marking as ‘Cancelled’
We can divide the process of vouching of cash book in two parts – Vouching of
Receipts and Vouching of Payments
24
9. Subscriptions
10. Other Receipts
11. Loans Taken
12. Issue of Debentures
13. Issue of Shares
1. Opening Balance : The auditor can verify it by comparing the figure mentioned
in the audited balance sheet of the last year and the closing balance of the cash book
of the last year.
2. Cash Sales : The auditor should examine fully the (a) Cash Memo,
(b) Summary Sheets of Salesman, Cashier, and Delivery Clerk, (c) Daily Cash
Register, (d) Abstract of Discount and the Rate of Discount. Then he should compare
the amount, date and particulars with the entries made in the cash book.
3. Cash from Debtors : First the auditor should examine the following thoroughly–
(b) Correspondence with the debtors such as demand letter, reminder letter
etc.,
(e) Daily list of Debtors from whom cash or cheques are received,
Then he should verify there details such as date, name, particulars, amount etc.
with the entries made in the cash book. There is chance of making fraud by –
- teaming and lading – embezzling cash received from one debtor and
recording cash received from another debtor to the account of first debtor,
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from next debtor to the account of second debtor and so on. This process
is carried till making any adjustment of that much amount or redepositing
the remaining amount.
5. Non Operating Income : Interest on fixed deposits should be verified with the
fixed deposit receipt and bank pass book.
Interest on loan advanced could be verified with the agreement of loan with the
borrower and receipt issued for interest.
Dividend could be verified with the dividend warrants and with the share
certificates.
The auditor should confirm himself that interest and dividends are received in
time or whether there is any outstanding portion. He should make actual calculations
of interest.
For checking the rent, along with the receipt he should go through the lease
agreement and verify the amount of rent, period (monthly, yearly etc.) and mode of
payment etc. He should see that rent is received in time and if there is any rent received
in advance it is properly recorded. If the rent is collected through agent, agent’s register
should also be checked and if tenant is paying rent by depositing cash or cheque
directly in the bank account of the client, cross checking with the bank pass book
should also be exercised.
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6. Other Income : Commission received should be checked with the carbon
copy or counterfoil of the receipts issued. In addition to this he should go through the
commission agreement to know the rate of commission and period of payment. He
should calculate practically the amount of commission by taking sales figures from
statement of sales.
Receipt issued for royalty received and the lease agreement are the vouchers
which can be examined for confirming amount of royalty. He should go through the
lease agreement to know the rate of royalty, minimum rent, recovery of short workings
etc. Actual calculations should be made based on the statement of production or
output or sales. Special enquiry should be made if minimum rent is revised to know
under which circumstances it is revised and how long it was continued or will continue.
Other income will be verified with the help of receipts, related documents,
correspondence in this regard, related books of accounts or registers, bank pass book
etc.
7. Sale of Fixed Assets and Investments : While vouching sale of fixed assets
the auditor should examine receipt issued, resolution passed or minute book, tender
notice, broker’s or auctioneer’s note and related correspondence. Then he should
compare the figures and particulars with the entries in the cash book. As well he should
examine whether the profit or loss on sale is correctly calculated and transferred to
capital reserve account. If any asset is sold as scrap, loss is transferred to profit and
loss account.
While vouching sale of investments along with the above vouchers (related to
sale of fixed assets), he should also enquire whether sales is made ex-dividend or
cum-dividend and see the profit or loss is properly accounted for. If investments are
matured (e.g. bonds), he should ask for the correspondence in this regard and
compare the amount and particulars with the certificates of investments, maturity
value, letters and bank pass book.
8. Claims Recovered : If the client has recovered and claim against any
insurance such as fire insurance, marine insurance or miscellaneous insurance, the
auditor should carefully examine the statement of loss and claim. Receipt, insurance
27
policy, correspondence, bank pass book etc. are the vouchers that will confirm the
figures and particulars.
All these should be properly recorded in the books otherwise the income and
expenditure account and balance sheet will not show true and fair view.
(a) The Bad Debts Recovery : The amount received from any debtor or
liquidator or the Official Receiver which is written off as bad debts in earlier
years, should be credited to the bad debts recovered account and not to the
debtor’s account. The auditor should see whether it is properly accounted
and vouch this item with the help of receipts issued, dividend warrant from
the Official Receiver and the related correspondence.
(b) Refund of Income Tax : if the tax deducted at source and tax paid in
advance is more than the actual tax, the income tax authority refund the
excess tax paid together with interest. The auditor can verify the amount of
refund with the help of assessment order and refund order by income tax
authority, return filed by the client and bank pass book. He should also check
that proper entries are passed in the books of accounts.
(c) Receipts from Hire Purchase : The auditor should first go through the Hire
Purchase Agreement to understand the hire purchase price, mode of
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payment, period of payment (monthly, yearly etc.) etc. He can vouch it with
the help of receipt issued and actual calculation of interest.
If any goods are reposed then he should check carefully the value of goods
repossessed, profit or loss on repossession, expenditure incurred for repairs
and resale of goods reposed and the accounting entries passed in this
respect.
According to nature and type of business there may be some other miscellaneous
receipts. The auditor can check receipts, agreements, correspondence and other
related documents and can make calculations wherever necessary to verify their
correctness.
11. Loans Taken : Generally business concerns borrow from banks and financial
institutions or from some other lenders. In such case the auditor should not check only
the receipts but verify resolution passed and the agreement to know the total amount
of loan, mode of disbursement, rate of interest, repayment conditions, securities given
etc.
If the loan is taken from government authority and if there is any subsidy, he
should also check the conditions, rate and amount of subsidy and whether it is properly
recorded in the books of accounts.
12. Issue of Debentures : The auditor should go through first the resolution
passed for issue of debentures to know the quantum, nature, rate of interest, face
value, discount / premium etc. He should examine thoroughly list of applicant and the
number of debentures demanded, statement of allotment, counterfoil of certificates of
debentures issued and bank pass book.
He should also examine the premium or discount on debentures, forfeiture of
debentures (if any) are properly accounted for.
13. Issue of Shares : The auditor should examine first the resolution passed for
issue of shares so that he can know the number, type, face value, discount or
premium, installments etc. In addition to this he should check -
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(e) Adjustment of excess money received with application,
He has to check whether any shares are forfeited and reissued and these are
properly accounted for.
1. Cash Purchases : While vouching cash purchases the auditor should verify
cash memos, goods inward register, counterfoils of cheques issued, bank pass book,
receipts from suppliers etc. He should compare the figures and particulars from the
above vouchers with the cash book entries. Entries in the cash memo or inward
invoice should tally with the entries in the goods inward book. He should see that all
purchases are recorded to the purchases account and not to any other account.
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the authority and it is properly accounted for.
As far as possible separate wage sheets should be prepared for those workers
who are working on time basis and who are working on job or piece work basis. The
auditor should examine attendance register and statement of allotment of piece work
or job cards.
If the wages are paid on pay scale basis he should check the calculation of
wages and deductions and see they are properly recorded in the books. He should
discuss with the competent authority regarding the procedure of appointing casual and
daily wages workers. Wage sheets, bank pass book, counterfoils of cheques issued
etc. should be checked carefully and compare the figures with the entries in the cash
book.
4. Payment of Salaries : The payment made to officers and employees of office
for services rendered on monthly basis is called as salary. The auditor should check
that the amount of salary sheet tallies with the amount shown in the cash book and with
cheque drawn for this purpose. He should see that the gross salary is entered on the
payment side and all deductions are entered on the receipts side.
He should also verify – a) increments given and increments stopped, b) payments
made other than salary are not included in salary sheet, c) deductions are properly
recorded to respective accounts and their payments are made in time, d) total amount
of salary of every employee tallies with the amount shown in the Form No. 16 of Income
Tax and e) if the salary is paid on package basis, proportionate amount is entered in
the salary sheet and the total amount is equal to the amount as per the agreement.
He should also check overtime pay, remuneration for extra work, honorarium etc.
carefully. All the calculations, castings and totals should be confirmed.
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5. Other Expenses :
The auditor should check the rate of commission and actual calculations
should be done to verify the figures of commission. If del creder or incentive
commission is given, see whether it is as per the agreement.
(B) Travelling Expenses and Allowances : The auditor should first go through
the rules regarding the travelling expenses and allowances. He should see
that the voucher is supported by all the evidences regarding the purpose,
place, travelling expenses, local conveyance, lodging & boarding charges
etc. and all these are approved or sanctioned by the authority. If any advance
is given for the purpose see that it is adjusted to the advance account and
remaining amount is paid to or received from the employee and it is properly
accounted for. If travelling allowance is given irrespective to the actual
expenditure, see that it is within the prescribed limit and sanctioned by the
authority. Travelling expenses and allowance paid to directors and extra
ordinary type of travelling be checked very carefully.
For vouching this item an auditor can verify receipts, tickets, bill of hotels,
vouchers for other conveyances, attendance or participation certificate from
the authority, prescribed rules etc.
(C) Insurance Premium : The auditor should examine the policy or cover note
and the receipt for the first or renewal premium. He should also check the
period to which it relates. If part of the premium is related to the next year
see that it is debited to prepaid insurance account.
(D) Freight, Carriage, Octroi and Custom : The auditor should examine the
bill and receipt of shipping company, the bill of shipping agent, railway
receipt, receipt for octroi, receipt for custom duty paid, bill of entry, counterfoils
of cheques etc. He should also enquire for goods received note and goods
cleared note. Evidences for other expenses such as port trust charges,
weightmen expenses etc. are also be verified. See that rebate and refund
(if any) are properly adjusted and accounted for. If expenses are related to
fixed assets see that these are debited to respective asset account.
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(E) Bank Charges : It means amount charged by bank for rendering services
such as issuing demand drafts, collecting bills and cheques, discounting
bill, collecting other income or making payments of any expenses etc. It
should vouch with the help of bank pass book, bank statement and bank
advice.
(G) Petty Cash Expenses : An auditor should verify the receipts, vouchers,
cash memos, bills etc. and these are to be compared with the petty cash
book. He has to check the balance on petty cash book with actual cash on
hand and compare the amounts recorded in petty cash book as amount
given for petty expenses and the amount recorded in petty cash book. He
should see that petty cash book is checked periodically by the authority. If
it is maintained on imprest system he has to check that the particular
amount is kept as opening balance by giving amount equal to the expenditure
of the last month.
(H) Directors’ Fees, Allowances and Remuneration : For vouching the item
the auditor should first examine the amount of fees, allowances and
remuneration as mentioned in the article of association or as decided by
the resolution passed in the meeting of board of directors or shareholders
or as sanctioned by the government or as prescribed by the Companies Act.
Then he should vouch the payment with the minute book of board of
directors, directors’ attendance register and receipts. He should confirm
that the ceiling limit under the act is not crossed.
(I) Rent, Rates and Taxes : For vouching rent the auditor should examine
agreement and the receipts. He should verify outstanding balance of last
year paid in the current year and amount paid in advance and see that these
are properly accounted for. For rates and taxes he should verify the bills and
receipts and the period to which it relates. Outstanding amount paid and
advance payment made should also be checked.
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(J) Advertisement : Now a day huge amount is being spent on advertisement.
First the auditor should examine the resolutions passed for advertisement
containing the decisions regarding media, form, frequency, agency, ceiling
limit of expenditure etc. He should vouch the bills and receipts of the
advertising agency or of the press or of the office of the company working
in particular media. If there is contract with a particular advertising agency
he should go through the agreement.
(K) Income Tax : The auditor should verify challans of payment of tax, certificate
of tax deducted at source given by the authorities, returns filed by the client,
assessment order, counterfoils of cheques issued, bank pass book etc. If
tax is deducted at source from the salaries of employees or payment to
contractors etc. he should see that it is paid within the time limit.
(L) Sales Tax : Sales tax can be verified with the challans of sales tax, returns
filed by the client, assessment order, counterfoils of cheques, bank pass
book etc.
(M) Interest Paid : The auditor should verify first the amount of loan outstanding,
rate of interest, period etc. from the loan agreement and bank pass book of
loan account. Receipts for interest given by the bank or the financial
institution should be compared with the entries in the cash book.
In the case of interest on debentures the auditor should verify the rate of
interest and the period. He should make actual calculations and verify it with
the debenture interest ledger, bank pass book and counterfoils of cheques.
In both the cases, he should see that last year’s outstanding interest paid
during the year and current years outstanding are rightly recorded in the
books.
(N) Legal Expenses : The expenses incurred for filing suits, claims or other
legal matters including fees of lawyers or solicitors are called as legal
expenses. For vouching of this item, an auditor should verify bills, receipts,
counterfoils of cheques issued, bank pass book, correspondence etc. If
solicitor is on retainship basis, he should verify the resolution passed in this
respect and see his remuneration is properly recorded.
(O) Audit Fees : An auditor should verify the resolution for appointment and
remuneration of the auditor or order of the Central Government if he is
appointed by the government. He should check the receipt of the auditor,
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counterfoil of cheque issued, bank pass book and compare the figure with
the entry in the cash book.
(P) Repairs : The auditor should check first whether repairs are done
departmentally or a contract is given for particular repairs or there is
permanent contract for repairs on annual basis. He has to see that the
repairs are authorized by the authority and all the formal procedure is
completed. He should check the bills of stores and materials purchased,
labour charges, engineer’s remuneration etc. Compare the figures of receipts
and bills and counterfoils of cheques issued with the entries in the cash
book. He has to see that any capital expenditure is not shown as revenue
expenditure and vice versa.
(Q) Other Expenses : Any other expenses can be vouched with the help of
bills, receipts, counterfoils of cheques, bank pass book, correspondence
etc. The auditor should take care that the expenditure is related to business
and they are properly accounted for.
6. Bills Payables Honoured and Retired : It can be verified with the bills
payables, bills payable book, bank pass book, counterfoils of cheques issued and
other correspondence. An auditor should see that the honoured bills are cancelled and
proper entries are passed in bills payable book.
7. Repayment of Loans and Advances : The auditor should verify the receipts,
counterfoils of cheques and bank pass book. It should be confirmed that the payment
is as per the agreement, interest element is recorded to interest account and if it is final
payment, documents of mortgage and securities are returned by the lender with
certificates or letters in this respect.
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or by auction or by making direct payment.
(b) Whether all the formal procedures such as registration, paying court fees,
preparing ownership papers, affixing stamps and other legal formalities
have been completed.
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sales return book.
Purchases and sales are the main activities of any business. So, there is ample
number of transactions relating to these. Obviously, chances of misappropriation
increases. The main aim of vouching these books is to see that all the goods are
recorded and correctly recorded, there is no omission or duplication as well no
fraudulent entries are passed.
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orders placed,
- the officer who has checked the invoices has put his full signature
marking as ‘Checked’.
6. Purchase order, invoice, goods received note and goods inward register
show the same figures and particulars and it tallies with the entries in the
purchase book.
7. If columnar purchase book has been maintained, he should also check the
entries passed in this book are correct.
10. When officials of the company purchases in the name of the client company
for availing the benefits of higher trade discount, see that such purchases
are debited to their personal accounts and not to the purchases accounts.
Such practice should be discouraged.
11. Purchases of first and last month of a year should be vouched carefully
because there is a chance to manipulate accounts by transferring purchase
of last year to the current year or vice versa and purchase of current year
to next year or vice versa.
12. After checking an invoice, an auditor should tick mark, put initial or put stamp
so that it can not be reproduced.
13. He should check the totals and casting of purchase book and related
registers.
14. He should prepare a list of missing invoices and call for explanation. If the
client failed to produce original or duplicate invoice, he should make a clear
note in this regard in his final report
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15. Wherever he feels necessary, he should call for confirmation from suppliers
directly.
16. He should verify that goods received on consignment or sale or return basis
are not recorded in the purchase book.
It is a practice of all business concerns to sale the goods not only for cash but
also on credit. Selling the goods on credit is a need of any business; even most of the
sales are on credit basis. The main evidence of credit sale is the sales invoices which
are prepared by the client himself. So, an auditor should very careful while vouching
the credit sales. Before starting vouching he should understand the process of credit
sales and who is empowered to make credit sales.
While vouching the sales book an auditor should proceed on the following
line.
1. He should first verify date, name of customer, quantity and quality / type of
goods, amount of incidental expenses such as duties, taxes, freight, octroi
etc. and the total amount from the sales invoice etc. and compare these
with the entries in the sales register.
2. He should check calculations, totals and castings of the sales register and
daily or weekly or monthly summary.
4. Confirm that only credit sales are recorded in sales register. Sale of assets,
investments or other items is not recorded.
5. See that for every sale during the period under audit, invoice is prepared and
all invoices are recorded in the sales register. There is no omission or
duplication.
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6. See that goods sold but not dispatched are not included in closing stock.
7. Verify that there is no fictitious sales are recorded and as well no sales are
left unrecorded.
9. Check carefully sales at the beginning and at the end of the year because,
there is a chance of manipulation of accounts e.g. to increase profit,
fictitious sales may be recorded at the end of a year and they are reversed
at the beginning of the next year showing as sales returns.
10. See that the invoices cancelled are not thrown out or destroyed but they are
kept marking as ‘Cancelled’.
11. Verify that rate of trade discount is as per the policy of the business. He
should enquire in detail if high or low rate of discount is allowed to particular
customers.
12. Sales to sister concerns and the companies where the directors are
interested should be checked very carefully.
13. Verify all the vouchers related to the credit sales such as orders received,
correspondence, sales invoice, goods outward & package register, transport
receipts for expenses etc. with the sales book.
15. See that goods sent on consignment and on sale or return basis are not
included in credit sales.
16. If there are any alterations or erasures, see that they are initialed and
authenticated by the responsible officer.
The auditor should verify also the goods returned by customers for one or other
reasons. He should examine the credit note sent to customer by checking name,
particulars of goods returned, amount and calculations, signature etc. He should also
compare credit notes issued and debit notes received with the entries passed in sales
return book. He should verify correspondence in this regard and also check entries in
the gate keeper’s book, goods inward register and stock book.
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As the vouching is the backbone of auditing, an auditor should take utmost care
while vouching the transactions. He should verify as much documents of evidence as
possible and exercise his all skills, techniques and knowledge for the purpose.
2.9 Investigation
2.9.1 Meaning of Investigation:
Investigation is a systematic examination and an in-depth inquiry into the accounts
and records of an organization for a special purpose. It is an examination of the books
of accounts of a business to know its financial position, earning capacity or ascertaining
the reasons for losses etc. An investigation implies something more than the
verification of the accuracy of figures of the balance sheet. In an investigation,
examination is intensive as well as exhaustive so far as the activities or area of
accounting under investigation is concerned. In short, the term investigation may be
described as special audit with a limited or extended scope according to the purpose
for which it is conducted. It is always carried out with the object of establishing a fact
or obtaining information of a particular nature required by a client.
Eric Kohler in “A Dictionary for Accountants” defines investigation as “An
examination of books and records preliminary to financing or for any specified purpose,
sometimes differing in scope from the ordinary audit”.
Taylor and Perry have defined “Investigation involves inquiry into facts behind
the books and accounts, into the technical, financial and the economic position of the
business or organization”.
The scope of investigation is quite different from that of audit. It is, therefore, an
inquiry which may go beyond the books of account of the concern. It may involve an
inquiry into technical and financial spheres. Investigation is carried out with the main
objective of ascertaining some specific information concerning some or all the phases
of business activities. Though, the investigation is mainly concerned with the accounting
records of the business, yet other areas are not outside the scope.
Investigation is neither accounting not auditing but a special inquiry with certain
objectives. Investigation is thus different from audit. It is a kind of special examination
not for the purpose of audit but for some other specified purpose. The auditor
conducting an investigation may have to take the help of engineers, lawyers, etc., so
that there is an effective investigation. As a matter of fact, an investigation means to
inquiry into details and then relates the causes with findings.
Investigation may be carried out on behalf of the proprietors where they suspect
any fraud, or by the Central Government at the instance of the shareholders or court.
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Accounts of a Joint Stock Company must be audited according to law while investigation
is not compulsory.
The investigator should obtain in writing from his client, clear instructions in
respect of object of investigation, period to be covered for which investigation is to be
made, scope or limits to the extent of inquiry of investigation. The investigator must
take due care the interest of his client on whose behalf he has undertaken the work
of investigation. The investigator should immediately prepare his report in clear
language. It is noted that, there is no specific or prescribed form for the report of an
investigation. The report of the investigator is sent to the party which appointed him
for the purpose of investigation. The report of investigator is in detail and refers to the
instructions given to him, the method of approach, the work carried out, the documents
relied upon, and his findings and often his recommendations to the client.
The purpose of investigation may be anything and may vary case to case. There
is no fixed objective of an investigation in general. Hence, the scope and objectives
of investigation differ from the scope and objectives of auditing. Investigation is carried
out not in substitution of audit, but in addition to audit. The investigator may even have
to investigate the audited accounts.
2.9.2 Need of Investigation:
Following are the certain circumstances for which investigations are needed:
1. Investigation is needed to an incoming partner, who wants to know the earning
capacity of the firm, the financial position of the concern and whether it is
advisable to become a partner.
2. Investigation is needed to an individual, partnership firm or a Joint Stock Company
which wishes to purchase a private running business in order to ascertain the
financial position and the earning capacity of the concern proposed to be taken
over.
3. Investigation is to be carried out on behalf of a client who wishes to lend money
to a concern to know its financial position.
4. Investigation is needed where fraud is suspected by the proprietor.
5. Need of investigation arises to a prospective shareholder who wishes to purchase
shares of a company.
6. Investigation is to be conducted on behalf of the company or an individual for
alleged negligence or lack of skill by the auditor, managing director or manager
etc.
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7. Investigation is needed for ascertaining the reasons for a considerable fall in the
gross profit of a manufacturing company.
8. Investigation is to be carried out on behalf of the liquidator of a company where
the directors are suspected of fraud or misfeasance.
9. Investigations under the Companies Act- There are provisions in law where the
shareholders, creditors, registrar of Joint Stock Companies and Central
Government may get the affairs of the companies investigated.
10. Investigation is needed for the sale of business or merger of the business.
11. Investigation is carried out for claims under an insurance policy covering
consequential losses.
12. Investigation is needed to ascertain the amount of compensation payable on the
compulsory removal of business.
13. Investigation is helpful to beneficiaries where trustees are suspected of fraud or
misappropriation.
14. Investigation ordered by the Central Government for various reasons and
investigator appointed by the Central Government to investigate related matter.
15. Investigation is needed to Income Tax Authorities for tax liability or detection of
undisclosed income.
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2.10.1 Meaning of Verification
Definitions :
1. Spicer and Pegler : ‘The verification of assets implies and inquiry into the
value, ownership and title, existence and possession, the presence of any charge on
the asset’.
From the above discussion and definitions, we can say that verification involves
the following considerations –
(i) that each asset or liability is clearly and properly disclosed and described,
(ii) that the assets and liabilities were actually exist on the date of balance
sheet,
(iii) that the ownership and possession of the assets are of the business,
(iv) that the assets are free from any charge and if there is any charge it is
specifically mentioned,
(v) that the assets and liabilities are correctly valued and recorded with proper
figures.
1. To see that assets and liabilities are valued on the basis of generally
accepted accounting principles and the principles are applied consistently.
2. To verify that all the business assets and liabilities are shown in the balance
sheet at their right value.
3. To check that the assets and liabilities shown are actually exist.
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4. To check that the ownership and possession of the assets are with the
organization. If there is any charge, it is shown clearly.
5. To verify that all the assets and liabilities are properly shown in the balance
sheet according to the provisions of the respective act, rules and requirements
of the business organization.
6. To verify that balance sheet shows true and fair view of the state of affairs
of the business.
2.10.3 Significance of Verification
1. It verifies physical existence of the assets and genuineness of liabilities.
2. Any fraud or irregularity regarding assets or liabilities can be detected by
verification.
3. Any mortgage, pledge, hypothecation or floating charge on any asset comes
to light by verification.
4. Share holders can know the true and fair value of assets and liabilities.
5. Third parties such as creditors, financer, investors etc. can know the real
worth of the business.
6. The auditor can state confidently in his report that the balance sheet shows
true & fair view of the state of affairs of the business.
2.10.4 Auditor’s Position Regarding Verification
Verification is very important duty of an auditor. When an auditor has to report
whether the balance sheet shows a true and fair view of the state of affairs of the
business concern, he is supposed to take verification of the assets and liabilities. If he
proved negligent in this respect, he will be held guilty and responsible for damages.
In the case of London Oil Storage Co. Ltd. Vs. Seear, Hasluck & co., it is stated
– ‘It is the duty of the auditor to verify the existence of assets stated in the balance sheet
and he will be liable for any damage suffered by the client if he fails in his duty’.
In the case of the Kingstone Cotton Mill Co. Ltd., it was held that, it was not the
duty of the auditor to take stock. It was also held that if he accepted the certificate of
a responsible official in the absence of suspicious circumstances, he was not guilty
of negligence.
The judgments observed- ‘It is no part of the auditor’s duty to take stock. No one
contends that it is. He must rely on other people for details of the stock-in-trade in
hand’.
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‘He is a watchdog, but not a bloodhound. He is justified in believing tried servants
of the company in whom confidence is placed by the company. He is entitled to
assume that they are honest and to rely upon their representations, provided he takes
responsible care. If there is anything calculated to excite suspicious he should probe
into the bottom, but in the absence of anything of that kind he is only bound to be
reasonably cautious and careful’.
In short, an auditor can rely on other’s certificate only in the healthy environment
and not in suspicious circumstances. He should be cautious and careful and exercise
reasonable skill. Otherwise it will be held that it is the negligence of the duty.
Vouching and verification, both are important tools of auditing, but not one and
the same. Verification is wide term and it is totally different from vouching. The
difference between these two can be briefed as below –
Vouching Verification
It is carried out with the help of vouchers. It is carried out with the help of vouchers
as well as valuation by experts and
physical check up.
It is possible any time during the year. It is possible only after preparing the
balance sheet.
Vouching of asset is done for two times– Verification is done every year.
when it is purchased and when it is
sold.
It comes before verification. It is the first It comes after the vouching. It is the
step in checking the assets. next step in checking assets.
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2.11 Meaning of Valuation
Valuation is not merely the determination of the values of the assets as appearing
in the balance sheet but is also the critical examination of these values on the basis
of normally accepted accounting principles. (V H Kishnadwala, N H Kisnadwalla and
M V Shetti)
The balance sheet will show true and fair view if the assets and liabilities are
shown with proper values. But the question is which value is proper one. The valuation
and the basis of valuation differ according to nature and type of asset and purpose of
valuation. An auditor should try to get the answer of the following questions –
(f) Whether the business is applying the same method and basis for valuation
from earlier years or it is changing its policy year to year, etc.
The various values used for the valuation of various assets are –
1. Cost Price : The price which is paid for acquiring the asset including
incidental and installation charges.
2. Market Price : The current market price of the particular asset on the date
of valuation (the date of balance sheet).
4. Realisable Value : The price which the existing asset, in the existing conditions,
would fetch if sold on the date of valuation, excluding charges for realization.
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5. Break up Value / Scrap Value : The price which would be realized if the asset
is sold as scrap.
6. Book Value : The value at which the asset appears in the balance sheet
i. e. cost price minus depreciation.
Valuation of assets depends upon the nature of the asset. Different methods of
valuation are used for valuation of different types of assets.
Institute of Chartered Accounts of India stated that ‘fixed assets are those which
are acquired for the purpose of use in the business with the object of earning revenue
and which are not intended for resale at a profit and conversion into cash in the ordinary
course of business’.
(a) Fixed assets which may be written off over a period of time e. g. Patents,
(b) Fixed assets which are not subject to depreciation or depletion e.g.
Land,
(c) Fixed assets which are subject to depreciation e.g. Building, Plant &
Machinery,
(d) Fixed assets which are subject to depletion e.g. Mines, Coalfields, Oil wells.
The assets which can neither be seen nor touched but they are valuable to the
business and which can be bought or sold are called as Intangible Fixed Asset. For
example goodwill, patents and trade marks, copyrights, technical know-how, tenancy
rights etc.
These assets are attached to the business and they go with the business. If
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there is no business they will have no value. The benefits of such assets are spread
over a period of time.
Normally intangible assets are valued at cost. (a) If the asset is self generating,
the expenditure incurred for bringing the asset into existence would be considered as
cost. (b) If the asset is purchased, expenditure incurred for the acquisition of the asset
would be considered as cost.
Generally, proper amount is written off every year. If the asset is having particular
legal term or validity period or a period of lease, the value of such asset should be
written off by spreading the amount over the period.
Generally such assets are valued at original cost less depletion on the basis of
estimated exhaustion or extraction from such assts. However, it is not easy to estimate
correctly that to what extent the material is extracted and to what extent it is still left
in that.
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(iv) There should clear mention in the final accounts and report of directors that
due to inflationary trend, current depreciation fund is inadequate and hence
additional amount is set aside for replacement of assets.
The assets which are produced or created in the normal course of business or
which are purchased for resale are called as current assets. Such assets are held
temporarily and they can be converted into cash readily and easily. The amount and
quantity of these assets change frequently in the normal day to day operations of the
business. Stock, cash and bank balance, debtors, stores, bills receivables etc. are the
illustrations of floating assets.
Different current assets are valued by different ways as indicated in the chart
given below.
To follow one of the basic principles i.e. principle of conservatism, some current
assets are valued at cost or market value whichever is lower. Auditor should be alert
while valuing current assets because there is higher chance of manipulation of
accounts.
Asset Value
Stock of finished goods, bearer securities and Cost or market value whichever
short term investments is lower
In fact fictitious assets are not the assets but they are deferred revenue expenses,
to be written off during a particular period of time. For example, preliminary expenses,
discount on issue of shares and debentures, expenses on advertisement campaign
etc. As these accounts have unwritten debit balances, they are shown as assets under
the heading ‘Miscellaneous Expenditures’ on the asset side of the balance sheet. A
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portion of such expenditure is written off by debiting to the profit & loss account and
the balance is shown as asset. Thus, the value of such assets is equal to total
expenditure incurred minus amount written off.
Verification Valuation
There is no fixed method for verification. There is some basis for valuation.
It changes according to nature and type Different assets are valued on suitable
of assets and liabilities. basis.
It is not possible to get a certificate of The auditor can get and rely on the
verification from any authority. It should certificate of valuation from the
be done by the auditor himself. responsible officer or authority.
The auditor has to report that the final account gives true & fair views of the profit
or loss and state of affairs of the business. Correctness of the final accounts are
largely depends upon the correctness of values of assets and liabilities. It means that
an auditor should verify the values of assets and liabilities shown in the balance sheet.
The auditor is responsible for valuation of assets and liabilities not only to his
client but to the third parties also. In respect of auditors position regarding valuation of
assets and liabilities the following important points be noted.
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1. The auditor is not a valuer. He is not an expert for valuation of all types of
assets and liabilities.
2. He has to verify the value shown in the balance sheet and ascertain that
these are fair, reasonable and in accordance with accepted commercial
principles.
3. He has to satisfy himself that the assets and liabilities are valued on the
basis of normally accepted accounting principles.
6. He is not expected to give assurance to repay all the losses to the client and
to the third parties who relies on the balance sheet certified by him and
suffered a loss. However he bound to exercise reasonable care and skill
before certify the balance sheet. Where he finds doubts, he should make his
own inquires and whatever his observations should be clearly stated in the
report.
In short, he should take every care that will absolve him from the charge of
negligence.
For the purpose of verification and valuation of assets an auditor should follow
the following principles.
1. Verify the internal control system regarding the acquisition, utilization and
disposal of the assets.
2. Verify the record (account / ledger / register) maintained by the client for the
assets showing quantitative details and situation of the asset.
3. Verify the values of assets shown in the balance sheet as per the ledger
accounts / registers.
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4. Verify that the accepted accounting principles are followed consistently.
10. Verify that the assets are shown properly (under proper heading) in the
balance sheet.
11. Verify that assets are acquired for the purpose of business.
12. Verify whether the management has verified the assets and noted accordingly.
13. Verify whether the assets are revalued during the year and the reasons for
revaluation.
14. Note down all the observations and findings which should be mention in the
report.
These assets can not be seen or touched hence they can not be physically
verified. They are inseparable from the business hence can not be mortgaged or
hypothecated or will not have any charge.
(a) ‘The present value of the expected future income in excess of a normal
return on the investment in tangible assets; not a recorded amount unless
paid for’.
(b) “The excess of the price paid for business as a whole over the book /
computed / agreed value of all tangible net assets purchased’. Normally this
type of goodwill appears in the books of accounts.
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As the goodwill is an intangible asset, its existence can not be physically
examined. An auditor should verify the vending contract, in the case of purchase of
business and the basis of calculation and actual computation of goodwill, when it is
generated by book entries. In the case of partnership firm when the goodwill is created
due to admission or retirement of partner, resolution passed by partners should be
checked.
The value of goodwill may change year to year. It is not the duty of the auditor
to check whether it is shown with smaller or greater value. But he has to see that
any heavy revenue expenditure is not capitalized as goodwill. As it is intangible one,
there is no question of any charge on the asset. It can not be mortgaged or hypothecated.
The auditor should examine original document i.e. written agreement as well as
the related correspondence. The expenses incurred should be vouched with the help
of supporting evidences. If copyrights are more in number, a schedule should be
prepared and verify all these one by one.
He should confirm that these rights are the property of the client and they are not
lapsed due to non payment of renewal fees or expiry of term or for any other reason.
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The cost of patents can be examined with the help of the invoices and other
documents. The entire expenses incidental to purchase of rights, the initial fees for
registration, all expenses of creation, generation and registration and all research
expenses are capitalized. But renewal fees are treated as revenue expenditure. The
auditor should examine all the vouchers in respect of these expenses. If the client is
having number of or series of patents & trade marks, the auditor should call for a
schedule which will provide all the details.
This asset should be disclosed in the balance sheet at the original cost
less depreciation. See that the depreciation provided is adequate. Verify that
lapsed rights are not included and the rights are reviewed and revalued wherever
necessary.
2.11.6.1.2 Wasting Fixed Assets
Coal mines, stone quarries etc. – Normally such assets are taken as a lease
form the government or local authorities. These assets can be verified with the original
lease deeds, related documents and the correspondence. If the lease is in the name
of a partner, director or any other nominee, a letter of acknowledgement should be
verified.
The asset is shown in the balance sheet at its original cost less the total
depletion to date. Cost includes all the cost of exploitation, cost of original developments,
additional expenses in respect of extension, additional truckage, equipments etc.
2.11.6.1.3 Tangible Fixed Assets
(A) Freehold Land : The auditor should examine- (a) the title deed and purchase
deed, b) certificate of the solicitor for the title of the client, (c) if the title deed is with
the solicitor or banker, certificate in this respect from them, (d) if the deed is sent for
registration a certificate from solicitor or legal advisor in this respect, (e) related
documents and correspondence.
He should also call from the management clarification regarding whether the
land is mortgaged or any other charge is created. If it is so, he should verify all the
documents and correspondence in respect of mortgage or any other charge.
Land is shown to the assets side of the balance sheet under the heading fixed
assets with its cost. Cost include the total price paid and incidental expenses such as
legal charges, stamp duty etc. The auditor should verify value of the asset shown in
the balance sheet with the audited ledger and /or documents of acquisition. No
depreciation is charged on such land.
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(B) Leasehold Land : The auditor should verify - (a) original lease, (b) certificate
of registration, if it is registered, (c) letter of solicitor or the legal advisor in respect of
cost and other documents. He should inspect the clauses regarding installments,
repairs and insurance. Because for non payment of installment or breeching the
clause regarding repairs, the lease may stand cancelled. If the lease is in the name
of nominee, he should verify the letter confirming the arrangement.
(a) Bills of contractors, architects and others, certificate of architect and related
documents if building is constructed,
(b) Title deed and registration certificate of title deed, receipts for payments etc.
if the building is purchased,
(c) Certificate from the solicitor or legal advisor regarding title and validity of title
deed,
(d) If the title deeds are in the custody of solicitor or legal advisor or banker,
certificate from them in this respect,
(a) See that all expenses on materials, wages, transport etc. have been
capitalized when building is constructed.
(c) Check that legal charges, stamp duty, registration charges and all other
incidental expenses are capitalized.
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(d) Confirm that adequate depreciation is charged. If consolidated value of land
& buildings is shown, adequate depreciation is provided on building portion
of this consolidated value. The separate values of land and buildings can be
verified from certificate from authorized valuer or architect.
(e) See that building is shown in the balance sheet at cost less depreciation.
(D) Plant and Machinery : An auditor should verify the balance of plant and
machinery from the ledger accounts. He should examine that a separate account is
maintained for each item or part of the machinery in a register which provides all the
details such as date of purchase, cost price, incidental charges, additions to & sale
out, etc. He should conduct physical verification and check contracts, invoices and
other documents for verifying the ownership. He should also check that the plant &
machinery is in the possession of the client. If it is in transit or at any other place other
than the ordinary place in the prior erection period, obtain the related certificates and
documents. He should confirm that whether there is any charge for the purpose of
loan. If it is so, all the papers in relation there to should be checked.
The plant & machinery is shown in the balance sheet at cost less depreciation.
Cost includes original cost plus all direct and incidental expenses such as transportation,
wages, octroi, custom duty, erection charges etc. Erection charges include salary,
wages, professional charges, stores, materials, insurance premium paid for the period
of erection, interest on borrowed capital for the period till the commencement of
production, lodging & boarding, remuneration, traveling and other expenses of foreign
technicians and experts etc. The auditor should see that these expenses are capitalized
and no revenue expenses are capitalized. Confirm also the addition to and sale of
machinery are clearly disclosed and adequate depreciation is charged. When plant &
machinery is revalued, he should obtain the certificate and the report of the valuer and
check the reasons for revaluation as well as whether the revaluation is correct.
(E) Furniture and Fixtures : The auditor should first check the furniture & fixture
register and see that separate accounts are maintained for each item of furniture and
it gives full details such as date of purchase, cost, incidental expenses etc. He can
verify some of the furniture physically.
When part of the furniture is sold out or discarded, see that it is authorized by
responsible officer. Particularly when the furniture is written off on the reason that it
was damaged or unrepairable or unserviceable, he should satisfy himself that the
situation was such. See that depreciation is charged adequately considering the
purchase and sales of furniture during the year and it is valued at original cost less
depreciation.
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(F) Vehicles : The auditor can verify the vehicles such as motor cars, motor
trucks, motor lorries etc. by checking purchase invoices, registers, R T O certificates,
insurance policies etc. See that the expenditures on body building of trucks, transport
buses, accessories of cars etc. which are of non-recurring nature are capitalized.
Adequate depreciation is provided and shown in the balance sheet at cost less
depreciation.
If the number of vehicles is more, he should call for a schedule of motor vehicles
and check accordingly. If any vehicle is scrapped or sold out during the year, he should
check it very carefully and see that it was done only with the authority of a responsible
official. Also check that formal procedure is followed and due care is taken before
scrapping or disposing.
In case of all other fixed assets verify the registers, invoices and other ownership
documents for verification and for valuation see that it is shown at cost less depreciation
and adequate depreciation is provided for. Check the assets physically wherever
possible.
2.11.6.2 Investments
Generally, the investments are in the form of Government & Trust securities,
shares, debentures, bonds, share warrants, bearer bonds etc. To verify the investments
an auditor should take the following care.
1. See that they are properly stated and classified in the balance sheet.
2. Determine that they are valued as per normally accepted accounting
principles and the valuation is consistent.
3. See that it is the property of the client i.e. securities are in the name of the
client. If it is in the name of the nominee, a letter of acknowledgement is
available.
6. Confirm that all the purchase and sale of investments during the year are
with the prior permission of the responsible official or authority. Besides he
should check brokers note, the bills, receipts etc.
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7. Check that bonus shares received are properly accounted for.
8. Ascertain whether there is any charge on the investments for the purpose
of loan.
10. See that general investments and investments for particular purpose such
as Provident Fund Investments, Debenture Redemption Fund Investments
etc. are separately and properly recorded.
If moneys are paid but scrips are not received, all the evidences and
correspondence should be checked very carefully. As the same if the client has applied
for the shares and waiting for allotment of shares, he should check all the details
regarding the payment. if allotment letter is received but actual shares are not received,
he should verify the details from allotment letter and the related correspondence.
Confirm that partly paid shares or debentures (if any) are properly accounted for.
Bearer securities such as share warrants, bearer bonds etc. are to be examined
physically and if they are deposited in bank for safe custody, certificate from bank
giving full particulars should be examined.
Investments are normally shown in the balance sheet at cost and not at market
value. Cost includes cost of acquisition, brokerage and other incidental expenses. The
purpose for which the investment was made and nature of the business decide the
basis for valuation. When the investments are held as fixed assets, they are valued at
cost price and when the investments are held as current assets, they are valued at
cost price or market price whichever is lower. The auditor can verify the cost price from
the broker’s note and the amount paid for acquiring the securities. The market value
can be verified from the official list published by Stock Exchange, if they are quoted.
If the securities are unquoted, the market value should be computed on the basis of
balance sheets of companies of which securities are purchased and the rates of
dividend of these companies during the last few years.
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2.11.6.3 Current Assets
(A) Closing Stock or Inventory : An auditor should be very careful, alert and
exercise all his skills and techniques while verifying closing stock because –
(a) There are more chances of frauds. By using accounting techniques and
methods, management can easily manipulate the accounts.
(b) Generally stock includes number of items and sub-items and auditor has no
technical knowledge of the goods.
(c) Due to lack of time, it is very difficult to count physically and value the stock
on hand.
Auditor can not avoid the duty of verifying closing stock. He would be held
responsible for errors and frauds if discovered later on. His duties in this regard
are –
2. Call for list of items in stock and see that they pertain to the business of the
client. Confirm that consumable stores, spare parts, loose tools, dead stock
items etc. are not included in stock.
3. Check that quality and quantity as per stock sheet tallies with that of as per
book records. Also check all the calculations.
5. Check that goods sold but not dispatched are not included in stock and
goods purchased but not received are not excluded from the stock.
6. See that goods with consignee, branches and goods sent on sale or return
basis are properly valued and included in the closing stock.
7. Check that the goods damaged and destroyed are approved by the
responsible official and valued properly.
8. Compare the value and quantity of closing stock with the same figures of
the last few years. As the same, compare the amount and rate of gross
profit with the same figures of the last few years. Enquiry should be made
if the difference is considerable.
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9. Obtain a certificate of closing stock duly signed by the general manager /
chief executive / managing director.
The closing stock should be valued correctly. Overvaluation of the stock results
in the artificial profit and undervaluation results in less profit. Generally the stock is
valued at cost price or market price whichever is lower. Cost price includes purchase
price and all incidental expenses such as carriage, cartage, octroi, freight etc. If the
client is manufacturing concern, closing stock is divided in three categories i.e. stock
of raw materials, semi finished goods and finished goods.
(a) Stock of raw materials is valued at cost price. Cost price includes purchase
price and all incidental expenses.
(b) Semi finished goods or work in progress is valued at cost of raw materials
used plus estimated cost of wages, direct overheads and works on cost. He
should check costing records to verify the cost and obtain a certificate from
works manager in this respect.
(c) Finished goods are valued at total cost of production i.e. cost of materials
plus cost of labour plus cost of overheads. The auditor should examine the
cost records to verify the value.
Closing stock includes stock on hand, stock with agents & consignees, stock of
goods sent on sale or return basis, stock with branches, goods in transit and goods
purchased but not received. So while verifying the stock, he should also examine the
statement of agents, consignees and branches regarding the stock. Goods in transit
can be checked by verifying date of goods sent by supplier and date of actual receipt,
the statement of transport authority giving details of goods accepted for transportation,
delivery challans etc.
(B) Sundry Debtors or Book Debts : To verify the asset, an auditor should first
verify the debtors’ ledger and sales ledger and see that goods returned are properly
adjusted. In addition he should examine the following –
1. All the debts are classified in three categories i.e. debts considered good,
doubtful and bad. Adequate provision for doubtful debts is created. Bad
debts written off are authentic and sanctioned by the responsible official.
2. Debts due by directors and officers of the company and debts due by the
firms and companies where director of client company is partner or director.
He has to check that bills endorsed and discounted but not matured are properly
accounted and contingent liability is shown in the balance sheet for the purpose. Also
check doubtful bills, charge created if any and the statement of bills sent for collection.
He should see that bills dishonoured are recorded correctly.
(D) Bank Balance or Cash at Bank : Generally bank balance as per cash book
and pass book differs due to time lag in encashment of cheques issued & received and
expenses & income directly charged or received by bank. An auditor should verify all
the items of Bank Reconciliation Statement thoroughly because there are chances of
misappropriation. Taking the support of the fact that the bank balance as per the cash
book differs from the bank balance as per pass book or statement of bank, cash may
be misappropriated skillfully. A fake Bank Reconciliation Statement may be prepared.
So, the auditor should be very alert while checking Bank Reconciliation Statement.
Make all the necessary enquiries and check all related documents and correspondence.
If there are more than one account with the same bank or more than one bank,
all the accounts should be checked carefully and see that all the balances are taken
properly. If any account shows overdraft see that it is not adjusted in the debit balance
in other accounts but is shown as liability. Fixed deposits with the bank can be verified
with the counterfoil of bank challans, certificate of deposit or from statement of bank.
(E) Cash in Hand : An auditor should visit the client on the date of year
ending or on very next day or at the earliest and count physically cash in hand
and compare it with the cash balance shown in cash book and balance sheet. If
different cash books are maintained such as cash book for counter sales, cash
book for sales through agents etc. all such cash books as well as petty cash book &
main cash book should be verified simultaneously. So that deficit of one account can
not be made up from the excess of other accounts. Counting of cash should be done
in the presence of cashier and a responsible officer and a note should be prepared
accordingly duly signed by all of them. Shortage or excess of cash should be taken
seriously.
Generally a ceiling limit is prescribed for balance of cash in hand, the auditor
should see that the limit is not crossed and if crossed what are the reasons. For
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verification cash at branches, auditor should call certificates from auditors of the
branches. Cash in transit can be verified with the record, documentary evidences and
correspondences. If there are cheques & drafts received but not deposited into bank
and cheques drawn but not issued, he should enquire for the same and if not satisfied
mention in his report.
The auditor can verify the asset by examining prospectus, shares or debentures
allotment notes and other relevant documents. He should also verify the basis, rate
and amount written off during the year under audit from the resolutions and amount
charged to the profit & loss account of this year and to the few previous years.
Capital is the prime source of funds for any business concern. The following
points are to be considered while verifying capital.
(a) In the case of sole trader verify the amount brought in and the form in which
it is brought in as well as his drawings.
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(b) In the case of partnership firm, examine partnership deed and verify amount
of capital brought in, drawings, interest on capital and the profit sharing ratio.
(ix) Provision of the Companies Act 1956 in respect of all the above items.
He can verify the amount from the cash book, bank pass book and register of
members. Check that proper accounting entries are passed.
Reserves are retained earnings transferred from the profits. Reserves may be
of different types e.g. Statutory Reserves, Development Reserves, reserves for particular
purpose etc. An auditor should see the Article of the Association to know what types
of reserves are authorized to create. He should also check the resolution passed in
respect of the reserves from minute book.
The amount can be verified from the account of the reserves and from profit
& loss account. Verify additions to and withdrawals from the reserves particularly,
creation of transfer to capital reserve and its application.
(A) Secured Loans from Banks and Financial Institutions : The auditor
should check the resolution passed for borrowing and agreement with the bank or
financial institution. Examine which asset is given as security or whether it is having
floating charge, period and mode of repayment, rate of interest etc.
The amount can be verified from the loan account but in addition he should get
the confirmation from the concerned bank or financial institution. Verify also that the
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interest is paid regularly, outstanding amount if any is shown as liability. Check that
borrowings from different banks or financial institutions under different schemes giving
different securities are shown separately in the balance sheet.
(B) Debentures : Generally debentures are secured. In addition to Article of
Association and resolutions passed an auditor should examine prospectus for issue
of debentures. Check the total amount, face value, discount or premium, rate of
interest, securities offered etc. The amount due can be verified from the debenture
register. Also check the procedure fixed for redemption and redemption made during
the year. See that interest is paid regularly; provision is made for outstanding interest
and shown as liability.
2.11.6.7 Unsecured Loans
For trading or other purposes a business concern may borrow some funds from
banks or financial institutions or from others for a short period of time on personal
guarantee. Auditor should check resolutions passed for taking loan, loan agreement
and other documents. Examine the period, rate of interest, mode of repayment and
other conditions. See that interest is paid regularly and if outstanding, shown as a
liability. The amount of loan can be verified with the register. In addition he can get
confirmation from banks or the lender. It is shown in the balance sheet to the extent
it is outstanding.
2.11.6.8 Current Liabilities and Provisions
(A) Trade Creditors : Auditor should call for list of creditors and verify it with the
creditors’ ledger and purchase ledger. He should ask the client to send a statement of
accounts to the creditors and get their confirmations. The amount pending for a long
period of time and payment made to long outstanding should be enquired in detail.
(B) Bills Payables : Bills payables can be verified with the bills payables register
and other records. If there are number of bills a schedule should be prepared. The total
amount should tally with the amount shown in the balance sheet. He should ask to the
client to get a certificate from the drawer confirming the amount, period and other
conditions. See that bills payable retired and dishonoured are accounted properly.
(C) Outstanding Expenses : Revenue expenses such as rent, salaries, wages,
interest etc. which have become due but not paid are called as outstanding expenses.
Total recurring expenses must be considered for finding out net profit or loss but for
one or the reason some portion of them may remain unpaid. The auditor should verify
the particular expenditure account and cash book & pass book to find out the amount
of total expenditure and the portion outstanding. Check carefully that the expenditure
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paid entirely is not shown as outstanding as well as less amount is shown as
outstanding than the actual one. He should obtain a certificate from the responsible
officer regarding outstanding expenses giving full details such as nature or name of
item of expenditure, total amount, unpaid amount, the authority or party to whom the
payment is due etc. If there is doubt he can get confirmation from the parties to whom
the payment is due.
(D) Provision for Taxation : Taxes on the profit earned by the business concern
during the year is payable in that year. A fair estimate of the taxes must be made and
provided for. A short or excess provision for taxes can be adjusted when the assessment
is completed. An auditor should verify all the calculations regarding estimation of profit
and provision for taxation considering the prevailing rates of taxes.
2.12 Self Assessment Questions
1. What is meant by Vouching? What points must be borne in mind while examining
the voucher?
2. “Vouching is the essence of Audit”. Explain the statement and give essentials of
the valid vouchers.
3. “In vouching payments, the auditor does not merely seek proof that money has
been paid away” Discuss.
4. What is vouching? Explain the characteristics and objectives of vouching.
5. What is voucher? Give the examples of voucher that you would reject explaining
the reasons.
6. How would you vouch the following ?
(a) Credit purchase
(b) Dividend received on investment
(c) Insurance premium
(d) Payments to creditors
7. As an auditor how would you vouch the following ?
(a) Interest received on fixed deposits
(b) Dividend received
(c) Stock insurance claim received
(d) Repayments of debentures
(e) Payment of commission based on net profit
11. What is the object of Verification of Assets? How would you verify the following?
(c) Investments.
12. What is meant by ‘Valuation of Assets’? How would you value the following?
(a) Work-in-progress.
13. How would you as an auditor verify the following? (Any three)
(a) Cash and bank balance.
(b) Sundry Debtors.
(c) Provision for Income Tax.
14. Give the importance of valuation of Assets and state the accepted principles of
valuation of Fixed Assets.
15. What is meant by ‘Verification of Assets’? How does it differ from the term
‘Valuation of Assets’? State the importance of verification of assets and liabilities.
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16. What is meant by ‘Verification of Assets and Liabilities ?' How far is an auditor
responsible for verification of assets in the balance sheet ?
rrr
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Unit - 3
Structure
3.0 Objectives
3.1 Introduction
3.4 Summary
3.0 Objectives
The objectives of this unit are to familiarize you with :-
3.1 Introduction
Co-operation is an activity of the people. It is a self-generated, voluntary and self-
sufficient activity The governments had to pass legislation to monitor the activities of
the co-operatives mainly with the purpose of safeguarding the interests of all the
members.
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The co-operative banks in India have been playing an important role in the Indian
Financial System since last 100 years. Co-operative Banks in India are registered
under the Co-operative Societies Act. The co-operative banks are regulated by the RBI
and are governed by the Banking Regulations Act 1949 and Banking Laws (Co-
operative Societies) Act, 1965.
A group of ten persons, who reside in the area of operation of the proposed
society and are from different families, can join in application for registration of a
society. A society with the objects of promoting the economic interests or the general
welfare of the members only can be registered. A member has voting rights in
election of the Managing Committee and in general meeting of the members. Every
member has one vote, irrespective of the total number of shares held by him .Proxy-
voting is not allowed.A member can inspect the books of account of the society and
obtain its copies.Every Society shall call Annual General Meeting within a period of
three months after the date fixed for completing or drawing up of its accounts for the
year. The final authority of the society vests in the general body of the society
comprising of all the members.
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The District Special Auditor makes arrangement for audit of all societies in the
district, for which purpose a list of societies at the end of the year is prepared and
societies are allotted to different members of audit staff, according to the volume of
business and size of the societies. The Act also provides for appointment of certified
auditors with necessary qualifications. The societies which can get their accounts
audited by certified auditors are notified in the Government Gazette and accordingly,
these societies make arrangements to get their accounts audited through the certified
auditors from approved panel.
According to Section 81(1)(a) the Registrar has the power to appoint an auditor
by an order, only in case of such societies, which have been given financial assistance
including guarantee by the State Government , Govt. Undertakings or Financial
Institutions from time to time. Section 81(1)(b) of the amendment act provides that
the societies other than the societies referred to in clause (a) shall arrange to get
their accounts audited, at least once in a year, by an auditor form the panel of auditors
maintained by the Registrar, or by a Chartered Accountant
(ii) Infringement of the provisions of the Act and Rules and the bye-laws of the
society, if any, should be pointed out in audit. Financial implications of the
infringement should also be assessed and indicated.
(iv) Examination of overdue debts, if any, verification of the cash balance and
securities, a valuation of the assets and liabilities and an examination of the
working and the other prescribed particulars of the society.
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(v) Verification of the balances at the credit of the depositors and creditors, and of
the amounts due by the society’s debtors, of such proportion thereof as may be
fixed
(viii) Certification of the profits actually realised or loss actually incurred in accordance
with the procedure prescribed
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(c) In respect of other societies whether the business of the society has been
conducted according to the Co-operative principles and sound business
practices.
(vi) The auditor should verify that at least 25% of the profit is transferred to reserve
fund and 10% to welfare fund. The auditor should also see that the dividends paid
to members do not exceed 9%.
(vii) Verify genuineness and adequacy of securities, mortgage and other bonds,
adequacy of provision made for depreciation of assets and other items of
expenses including interest payable on borrowings and deposits.
(ix) Analyse the reasons for losses incurred by the society and assess after
careful examination, deficiency or loss, if any, arising out of negligence or
misconduct on the part of any employee or member of the committee, or of the
society and after giving due opportunity to the persons whose actions are likely
to be adversely commented upon in the Audit Report to explain why responsibility
should not be fixed on them for the said deficiency or loss.
(x) Certify the balance sheet subject to qualifications if any indicating the state of
Accounts and Affairs of the society and award audit classification to the societies.
(xi) It is the duty of the auditor to submit the audit report to the society and Registrar,
expressing his opinion on the Profit & Loss Account, and Balance Sheet of the
Society. On completion of audit the auditor shall discuss the report with the
member of Managing Committee and may also give his explanatory observation
in the General Meeting if he is invited to attend the General Meeting to offer his
comments.
In general the Auditor’s examination of accounts and affairs of the society should
be such as to enable him to certify that the balance sheet of the society exhibits a true
and fair view of the affairs of the society at the end of the year and the profit or loss
for the financial year ended on that date. The auditor should always be kind and
courteous in his relations with both officials and non-officials. His reports should be
couched in polite, courteous and clear language. He should act without fear or favour.
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3.3 Special Features in respect of Audit of Banks
Co-operative Banks are registered under the Co-operative Societies Act. The co-
operative banks are regulated by the RBI and are governed by the Banking Regulations
Act 1949 and Banking Laws (Co-operative Societies) Act, 1965.
(a) Objective : The main purpose of audit is to ensure that banks balance
sheet and profit and loss account reflect a true and fair view of the state
of its affairs and profit or loss for the period.
(i) Statements of accounts, Trial balance, Profit & Loss Accounts, Balance
Sheet and other financial statements.
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(ix) Monitoring of large advances.
(xi) Documentations.
The audit of Co-operative Bank is a much more detailed affair than a audit
of a commercial bank, because the internal check system is not likely to
be very efficient in case of the Co-operative Banks.
III. The Auditor of the Co-operative Banks should consider the following
aspects –
1. The banks should introduce a sound system of internal audit. With a view
to Strengthening the credibility of the inspection system in detecting cases
of Frauds/malpractices.
3. Vouch the receipt of cash on account of deposits with the cash book,
counterfoils of the receipt book and compare them with the relative
accounts.
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4. Ensure that in respect of purchase and sale of securities, the branch has
acted within its delegated power having regard to its Head Office
instructions.
5. Ensure that the securities held in the books of the branch are physically
held by it. Also see that the branch is complying with the RBI/Head Office/
Board guidelines regarding documentation and accounting
8. Ensure that loans and advances have been sanctioned properly (i.e. after
due scrutiny and at the appropriate level).Verify whether the sanctions are
in accordance with delegated authority.
9. The Auditor should examine the loan policy and procedure, system of
credit appraisal, Post-credit supervision, documentation, concentration of
loans and advances, advances to directors & their relatives
10. Ensure that securities and documents have been received and properly
charged/registered. Also ensure the post disbursement, supervision and
follow-up is proper, such as receipt of stock statement, installments, renewal
of limits, etc.
11. Verify whether there is any misutilisation of the loans and advances and
whether there are instances indicative of diversion of funds. Check whether
the letters of credit issued by the branch are within the delegated power and
ensure that they are for genuine trade transactions.
12. Check the bank guarantees issued, whether they have been properly and
recorded in the register of the bank. Whether they have been promptly
renewed on the due dates.
13. Ensure proper follow-up of overdue bills of exchange. Verify whether the
classification of advances has been done as per RBI guidelines.
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14. Ensure that the maintenance and balancing of accounts, Ledgers and
registers Including cash book and general ledger
16. Vouch the money borrowed from the Central Co-operative Bank, NABARD/
Other agencies with the cashbook, correspondences and resolution passed
by the Managing Committee.
18. To see that accounts are maintained on prudent basis with due adherence
to the norms of asset classification, income recognition and provisioning.
21. Co-operative banks which have partially / fully computerized their operations
should introduce EDP {Electronic Data Processing) audit system on
perpetual basis. Duties of system programmer/designer should not be
assigned to persons operating the system and there should be separate
persons dedicated to system programming/design. System person would
only make modifications /improvements to programs and the operating
persons would only use such programs without having the right to make
any modifications.
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AUDITORS REPORT (Specimen)
i) In my/our opinion, the Balance Sheet is a full and fair one, containing all the
necessary particulars and is properly drawn up so as to exhibit a true and
correct view of the affairs of the Bank, according to the best of me/us and
as shown by the books of the Bank;
ii) where I/we have called for any explanation or information, such explanation
and information has been given to me/us and have been found satisfactory;
iii) the transactions of the Bank, which have come to my/our notice, have
been within the competence of the Bank;
v) the Returns received from the Branches of the Bank have been found to
adequate for the purpose of my/our audit;
v) the Profit & Loss Account shows a true balance of profit for the year
covered by such account;
vi) in my/our opinion, the Balance-sheet and the Profit & Loss Account are
draw up in conformity with the law, and
vii) in my/our opinion, books of account have been kept by the Bank as
required by law.
Place :
Date :
Sd/-
Dept. Auditor/Chartered Accountant.
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3.4 Summary
Co-operative Audit (Co-operative Society, Banks etc.) extends somewhat beyond
the bare requirements of the Act and should embrace an enquiry into all the
circumstances which determine the general position of the society. It is the duty of
the Co-operative Auditor to notice any instance in which the Act, rules or byelaws
have been infringed, to verify the cash balance and certify the correctness of the
accounts, to ascertain that loans are made fairly for proper periods and objects and
on adequate security to examine repayments in order to check book adjustments
and improper extensions and generally to see that the society is working on sound
lines and that the committee, the officers and the ordinary members understand their
duties and responsibilities. Apart from the general processes of auditing like vouching,
verification of assets and liabilities etc., Co-operative Auditor should see the aspects
like Examination of overdue debts, Adherence to Co-operative Principles, Observance
of provisions of Act, Rules and bye-laws etc. Co-operative Audit should include scrutiny
of the extent of benefit accruing to the weaker sections of the society’s members.
(b) The audit of the co-operative societies is the statutory duty of the ..............
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under section 81 of the Maharashtra Co-operative Societies Act.
Ans.: (a) Maharashtra Co-operative Societies Act 1960 (b) Registrar (c) Co-
operative Societies Act
(b) The auditor should verify that at least 50% of the profit is transferred to
reserve fund
(c) The co-operative banks are regulated by the RBI and are governed by the
Banking Regulations Act 1949 and Banking Laws (Co-operative Societies)
Act, 1965.
(B) Explain the points to be considered while carrying out an audit of a Co-operative
Banks?
(C) What are the special points to be kept in view while conducting the audit of a Co-
operative Society?
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Unit - 4
Company Auditor
Structure
4.0 Objectives
4.1 Introduction
4.2 Qualification of an Auditor [Sec.226 (1); 226(2)]
4.3 Disqualification of an Auditor
[Sec.226 (3) 226(4) and 226(5)]
4.4 Appointment of Auditors
4.5 Auditor's Remuneration [Sec. 224 (8)]
4.6 Removal of Auditor Section 224 (5 & 7)
4.7 Auditor's Report
4.8 Audit and Assurance Standards (AAS-28)
4.9 Self Assessment Questions
4.10 Further Readings
4.0 Objectives
After Studying this unit, you should be able -
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4.1 Introduction
The business of a Sole trading concern or a Partnership firm is managed by the
owners themselves, where as in case of a company the ownership and the management
vest in different persons. The shareholders, who are the owners of the company, have
no right to take part in the management of business. The affairs of joint stock
companies are managed by directors. To ensure that the moneys invested by the
shareholders are managed properly. The audit is compulsory under the Companies
Act for all types of companies, whether public or private.
According to Sec. 224 of the Companies Act 1956, every company shall appoint
an auditor to audit its books of accounts. After the completion of audit, the auditor has
to submit his report to the shareholders of the company. The shareholders do not take
part in the day to day management of the company. The auditor acts as an agent of
the shareholders. The position of the auditor is therefore very vital. He reports to the
shareholders about the finances of the company.
4.2 Qualification of an Auditor
[Sec.226 (1); 226(2)]
1. Chartered Accountant : A person is qualified for appointment as the auditor
of the company only if he is a Chartered Accountant within the meaning of the
Chartered Accountants Act, 1949. Nationality is not important.
A firm where of all the partners practicing in India are qualified for appointment
as auditors, it may be appointed by its firm name to be auditor of a company. In such
case, any partner so practicing can act in the name of the firm. However, an individual
Chartered Accountant, being sole proprietor (of say, A & Co.) can not be appointed
auditor in the name of the firm.
2. Certified Auditors : The holder of a certificate under the Restricted Auditors
Certificates (Part 'B' States) Rules 1956 shall be entitled to be appointed as an auditor
of companies. Such Certified Auditors are subject to rules framed in this behalf by the
Central Government.
4.3 Disqualification of an Auditor
[Sec.226 (3) 226(4) and 226(5)]
The following persons shall not be qualified for appointment as
Auditor of a company.
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(ii) An officer or employee of the company.
(iii) A person who is a partner, or who is in the employment, of an officer or
employee of the company.
(iv) A person who is indebted to the company for an amount exceeding one
thousand rupees, or who has given any guarantee or provided any security in connection
with the indebtedness of any third person to the company for an amount exceeding one
thousand rupees. Indebtedness of up to Rs. 1000 would not be a disqualification.
(v) A person holding any security of the Company which carries Voting rights.
Even if a single partner becomes disqualified under this ground the firm in which
he is a partner also becomes disqualified.
Sec. 226(4) A person shall not be qualified for appointment as an auditor of the
company if he is, by virtue of the above qualification, disqualified for appointment as
an auditor of any other body corporate which is that company’s subsidiary or a holding
company or a subsidiary of that company’s holding company or would be so disqualified
if the body corporate were a company.
Sec.226 (5) an auditor, who after his appointment becomes subject to any of the
above disqualification, shall be deemed to have vacated his office as an auditor.
The list of disqualification makes the positions of an auditor as in- dependent as
possible.
According to second schedule of clause II of the Chartered Accountants Act a
professional and practicing Chartered Accountant shall be guilty of a professional
misconduct, if he expresses his opinion on the financial statement of any enterprise,
in which he or his firm or a partner in his firm or any of his relative have a substantial
interest, unless he discloses the interest also in his report.
4.4 Appointment of Auditors
1. Appointment by Shareholders ....... Sec.224 (1)
Every company in each Annual General Meting shall appoint an auditor who shall
hold office from the conclusion of that Annual General Meeting till the conclusion of next
Annual General Meeting.
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The appointment is valid only from the conclusion of one meeting up to the
conclusion of the next meeting. Where an auditor is appointed for any other period,
his functioning during the shortened period will not be lawful and he shall not be
entitled to any remuneration for the same. But if the next Annual General Meeting is
not held within the period prescribed by Section 166, the auditor(s) shall continue to
hold office till such meeting is held and concluded. Where such meeting is adjourned
to a later date, the auditor(s) shall hold office till the conclusion of the adjourned
meeting.
(c) A resolution has been passed at the meeting appointing somebody else
instead of him or providing expressly that he shall not be reappointed; or
(d) Where notice has been given of an intended resolution to appoint some
person or persons in place of a retiring auditor, and by reason of death, incapacity
or disqualification of that person or of all persons, as the case may be, the resolution
can not be proceeded with.
(e) No written certificate has been obtained from the proposed auditor to the
effect that the appointment or reappointment, if made will be in according with the limits
specified in sub-section (IB) of section 224.
Within 7 days of such a meeting where no auditor are appointed the company
shall intimate the information to the Central Government who may appoint a person
to fill the vacancy. If the company fails to give intimation to the Central Government,
the company and every officer in default, shall be punishable with a fine which may
extend to Rs. 5000/-
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4. Appointment of First Auditor [Sec. 224 (5)]
The first auditors are appointed by the Board of Directors within one month from
the date of registration of the company.
The auditor so appointed shall hold office until the conclusion of the first Annual
General Meeting.
Appointment of the first auditor should be by valid resolution at the Board
Meeting. Merely naming them in the articles of association will not be recognized as
appointment under the act.
In case the board does not exercises its power in this regard, the first auditors
shall be appointed by the company in its general meeting. But whether appointed by
the board or by the company, information to the first auditors about the fact of his
appointment as such is not a necessary condition.
The First auditors can be removed in General Meeting whether tenure completed
or not but nomination notice should be given 14 days before the meeting.
If the board fails to exercise its powers under this subsection then the company
in General Meeting shall appoint the first auditors.
5. Appointment in case of casual vacancy [Sec. 224 (6)]
Where a vacancy is caused by the resignation of an auditor, the vacancy shall
only be filled by the company in a General Meeting.
The Board of Directors may fill any other casual vacancy in the office of an
auditor, while any such vacancies continues the remaining auditor or auditors, if any,
may continue to act the auditor or auditors. Any auditor appointed in a casual vacancy
shall hold office until the conclusion of the next annual general meeting.
The term “Casual Vacancy” has not been defined in the Companies Act. In
its natural sense, it means vacancy in the office of auditor resulting from accidental or
fortuitous circumstances such as death, incapacity or disqualification of the auditor.
6. Appointment by special resolution (Sec. 224 A)
In case of a company in which not less than 25% of the subscribed share
capital is held, whether singly or in any combination, by –
(b) Any financial or other institution established by any provincial or State Act, in
which a State Government holds not less than 51% of the subscribed share capital,
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or
(c) A Nationalized bank or an insurance company carrying on general insurance
business.
The appointment or reappointment at each general meeting of the company, an
auditor or auditors shall be made by a special resolution.
If the company fails to pass such a special resolution for making the appointment
of an auditor or auditors, it shall be deemed that the auditor or auditors had not been
appointed by the company at annual general meeting. In such a case, the Central
Government may appoint a person to act as the auditor of the company.
7. Appointment of Auditors of Government Companies (Sec. 619)
Definition of Government Company
Sec. 617 of the Companies Act defines Government Company as a company in
which not less than 51% of the paid-up share capital is held by
l Central Government or
l State Government or
l partly by CG and partly by SG and
l includes a company which is subsidiary of a government company
Appointment of auditors in case of a Government Company is subject to the
provisions of Sec. 619 which overrides Sec. 224 to Sec. 233 dealing with appointment,
etc. of the auditors in the case of non-government companies.
The auditor of a Government Company shall be appointed or reappointed
by the Comptroller and Auditor General of India. However the appointment shall
be subject to ceiling limits as per Sec. 224 (IB) and (IC).
CEILING ON NUMBER OF AUDITS [Sec. 224 (IB)]
Sec. 224 (IB) introduces a ceiling on the number of companies of which a firm
or a person could be the auditor. Accordingly, an auditor cannot hold the audit of
companies in excess of the “specified number” of twenty companies, out of which not
more than ten companies shall have a paid-up capital of rupees twenty five lakhs or
more. In the case of a firm of Chartered Accountants having two or more partners, the
specified number shall be counted per partner of the firm, if there are three partners,
the firm can hold the audit of 60 companies of which not more than 30 companies shall
have a paid-up capital of Rs. 25 lakhs or more. When one person is a partner in more
than one firm that person shall be considered only once for the ceiling purposes. Just
because he is in more than one firm, he will not be considered more than once. He
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can hold only upto twenty audits.
2. Ensuring that the requirements of the Section 224 and 225 of the Companies
Act have been complied with as discussed below:
(a) If the appointment of the auditor is made for the first time after the incorporation
of the company, the auditor should verify whether the Board of Directors has
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passed resolution for his appointment within one month of date of registration
of company.
(b) If the Board of Directors has not appointed the first auditor but the appointment
is made by the company in general meeting, the auditor should verify as to
whether a proper notice convening the general meeting has been issued by
the company and whether the resolution has been validly passed at the
general meeting of the company.
(c) If the appointment is being made to fill a causal vacancy the incoming
auditor should verify whether the Board of Directors have power to fill causal
vacancy and whether Board of Directors have passed resolution filling the
causal vacancy.
(d) If the vacancy has a risen due to resignation of auditor, the incoming auditor
should see as to whether a proper resolution filling the vacancy has been
passed at the General Meeting of the Company.
(e) If the vacancy has arisen as a result of removal of the auditor before the
expiry of his term of office, the incoming auditor should see that the proper
resolution has been obtained by the company.
(f) If the provision of Section 224 A (Appointment by Special Resolution) apply
to the company, the incoming auditor should verify as to whether a special
resolution as required under the said Section has been passed.
(g) Where the auditor other than the retiring auditor is proposed to be appointed,
the incoming auditor should ascertain whether the provision of Section 225
have been complied with.
3. Communicating with the pervious auditor, if any.
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Hence these authorities will fix up the auditors remuneration.
a. Where appointed by the Board of Directors :-
When an auditor is appointed by the Board of Directors, remuneration is also
fixed by them; the resolution appointing the auditor should also prescribe the
remuneration. Sometimes, the resolution may empower the Chairman or the Managing
Director of the company to fix the remuneration of the auditor.
b. Where appointed by shareholders :-
In this case the remuneration is determined by the shareholders at the AGM.
Sometimes, the shareholders may delegate the power of fixing remunerations to the
Board of Directors or the Chairman, the Managing Director, etc.
Where a retiring auditor is reappointed and if the resolution does not re-fix his
remuneration, the auditor would get the same remuneration as he was previously
getting.
c. If appointed by the Central Government :-
In this case the remuneration is fixed by the Central Government
d. If appointed by the Comptroller and Auditor General of India :-
The remuneration shall be fixed by the company in general meeting or in such
manner as the company in general meeting may determine.
e. Remuneration other than audit fees :-
Where an auditor is called upon to render service other than those as an auditor,
he is entitled to get extra remuneration for such services, e.g. representing for tax
matters, etc. Such remuneration may be fixed by mutual agreement between the
auditor and the management.
4.6 REMOVAL OF AUDITOR [Section 224 (5 & 7)]
a) First Auditor(s) :
The first auditor(s) of a company appointed by the Board of Directors prior to the
Annual General Meeting may be removed by the members in general meeting. It is
immaterial whether or not the auditor(s) has completed his term of appointment. The
general meeting may also appoint in his place any other person nominated for the
purpose by any member of the company.
b) In other cases :
Any auditor may be removed from office before expiry of his term. But this can
be done by the general meeting after obtaining prior approval of the Central Government
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in this behalf. In the case of the removal of an auditor before the expiry of his term,
some provisions of Section 225 relating to the right of the auditor to make
representations, to get the representation circulated among shareholders and the
right of being orally heard at the general meeting.
On receipt of such a special notice, the company shall forthwith send its copy
to the retiring auditor.
The retiring auditor, on receipt of a copy of such special notice, may make
representations in writing to the company. Such representations should not exceed a
reasonable length. He may also request the company to circulate his representations
to the members of the company. The company must circulate such representations
to the members unless the representations are received by the company too late. A
notice of the resolution should be given to the members stating also the fact of
representations having been made. If a copy of the representation is not sent to the
shareholders because they were received too late or because of the default of the
company, the auditor may require that the representation shall be read out at the
meeting. This will be without prejudice to his right to be heard orally. If the Company
Law Board on application either of the company or of any person claiming to be
aggrieved, is satisfied that this right has been abused to secured needless publicity
for defamatory purposed, copies of representations need not be sent out or read our
at the meeting. These provisions shall also apply to the removal of first auditors
appointed by the Board of Directors.
When a new auditor is appointed in place of the retiring auditor, the company
within seven days of the meeting should intimated to the new auditor about his
appointment who in turn should inform the Registrar within one month of the
receipt of the intimation, in writing that he has accepted or refused to accept
appointment. The new auditor should also communicate in writing to the retiring
auditor before accepting the audit. If an auditor accept a position as an auditor
previously held by another Chartered Accountant, without first communicating with
him in writing it amounts to breach of professional etiquette. Failure to do so constitute
a misconduct leading to an enquiry into his conduct by the council of the Institute and,
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if proved may result in the person declared unfit to continue to be a member of the
Institute.
The objective of communicating with the previous auditor is that the member (the
auditor) may have an opportunity to know the reasons for change, in order to be able
to safeguard his own interest, the legitimate interest of the public and the independence
of existing auditors.
Audit Report is the conclusion reached by the auditor after having audited the
accounts of a company, in which he concludes, whether in his opinion the accounts
give a true and fair view of the state of affairs as well as of the results the company.
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1. Importance of Audit Report to the Shareholders.
2. Importance of Audit Report for Directors.
3. Importance of Audit Report for Creditors of the Company.
4. Importance for Debentureholders of the Company.
5. Importance for Investors.
6. Importance for the Government.
7. Importance for Income-Tax Department.
Contents of Audit Report
According to Section 227 (3) the auditor has to state in his report-
l Whether he has obtained all the information and explanation which to the
best of his knowledge and belief were necessary for the purpose of audit;
and whether according to the information and explanation given to him, the
accounts give the information required by the Act.
l Whether in his opinion, proper books of accounts, as required by the law,
have been kept by the company, so far as it appears from the examination
of those books.
l Proper information for the purposes of audit have been received from the
branches not visited by him.
l Whether the company’s Balance Sheet and Profit and Loss Account dealt
with by report are in agreement with the books of account and returns;
l Whether, in his opinion, Balance Sheet and Profit and Loss Account comply
with the accounting standards referred to in subsection (3C) of section 211.
l Whether any director is disqualified from being appointed as director u/s
274 (i) (g).
l Whether any cess payable under section 441.
Types of Audit Reports :-
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profit or loss of the company and where no defect or discrepancy has been found by
the auditor during examination of accounts, the auditor gives a clean (unqualified)
report.
B] Qualified Report
During the course of auditing the books of account, the auditor requires several
explanations in regard to the transactions of a company. Whenever the auditor is not
satisfied with any explanation or information furnished to him, or if he otherwise feels
that the Balance Sheet and the Profit and Loss Account do not exhibit a true and fair
view of the state of affairs of the company and its financial results; he must mention
the fact in his report. Such a report is called a “Qualified Report”. Also, when the
auditor is of the opinion that the accounts presented by the directors with their
elucidations are not supported by the information; he qualifies his report mentioning
therein the factual position.
The auditor should boldly and clearly specify the qualifications in his report
to the shareholders. If he fails to do so, he may be held liable for the breach of
duty. [Leading case of London And General Bank Ltd. (1895)], the auditor in this case
liable to pay damages, because the auditor is not mention the fact clearly about the
insufficient securities. The auditor should in his report give a clear and unambiguous
statement which can be understood even by a laymen or a casual reader.
Circumstance under which Qualified Audit Report can be given :-
Under the following circumstances, a qualified report can be given by the auditor.
(a) Where the examination of accounts could not be carried on in accordance
with the accepted principles of auditing.
(b) Where the auditor is not furnished with the required books of account,
vouchers and records or the necessary information for the purpose of audit and
explanations are not satisfactorily furnished to him.
(c) Where the accounts and financial statements are not prepared according to
generally accepted accounting principles.
(d) Where the profit and Loss Account and Balance Sheet are prepared in a
manner which is not in accordance with the requirements of the Companies Act.
(e) Where the books of account are not maintained as required by law.
(f) Where the directors, or managing director work in violation of provisions of the
Companies Act or of the regulation of Articles and Memorandum of Association.
(g) Where he is satisfied that the Balance Sheet and Profit and Loss Account fail
to give a true and fair view of the state of affairs of the company and of its financial
results.
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Statutory Report :-
According to section 165 of the Companies Act every company limited by
shares, and every company limited by guarantee and having a share capital, shall hold
a general meeting of the shareholders within six months but not before one month after
the company is entitled to commence business. Such a first general meeting of the
shareholders is called the Statutory Meeting.
The Companies Act further lays down in this section that the directors shall
forward to the shareholders and the Registrar twenty one days before the holding of
the Statutory Meeting, a report, called the Statutory Report. This must contain the
following :-
1) The number of shares allotted as fully paid and partly paid.
2) The amount received in respect of such shares.
3) The number of shares which have been allotted for consideration other than
cash and the consideration thereof.
4) An abstract of cash receipts in respect of shares, debentures and other
sources and payments there out up to seven days before the submission of the
Statutory Report and the balance in hand on that date.
5) The names and addresses and occupation of the directors, managing agents,
auditors, managers and secretary of the company and any changes which might have
occurred in the name, addresses etc. since the date of the incorporation of the
company.
6) The particulars of contracts which are to be submitted to the shareholders at
the meeting for their approval.
7) The extent, if any, to which each underwriting contract, if any, has not been
carried out, and the reasons thereof.
8) An account of the commission and brokerage paid or to be paid to any
manager, director or agents in connection with the sale or issue of shares or debentures.
9) An account of estimate of Preliminary Expenses.
10) Arrears of calls, if any, due from the directors, managing agents, every
partner of the managing agents, the secretaries, treasurers, etc.
The report has to be certified by not less than two directors, one of whom shall
be a managing director, if any, and the auditor has to certify as correct the report so
far as it relates to the shares allotted by the company, the cash received in respect of
such shares and the receipts and payments of the company. Such an audit is termed
as Statutory Audit.
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The auditor has to give a certificate in connection with the report as follows:
We hereby certify as correct so much of the report as relates to the shares
allotted by the company and to the cash received in respect of such shares and to the
receipts and payments of the company.
4.8 Audit and Assurance Standards (AAS-28)
(The Auditor’s Report on Financial Statements)
1. Objective :-
To establish standards on the form and content of the auditor’s report. The SA
requires that the auditor should review and assess the conclusions drawn from the
audit evidence obtained on the basis for the expression of an opinion in the financial
statements.
2. Basic elements of an Auditor’s Report :-
(a) Title : It may be appropriate to use the term “Auditor” to distinguish the
auditor’s report from report issued by others.
(b) Addressee : The auditor’s report should be appropriately addressed as
required by the circumstances of the engagement and applicable laws and regulations.
(c) Opening or Introductory paragraph : The report should identify the financial
statements that have been audited including the data and period covered by the
financial statements. The report should include a statement of responsibility of the
entity’s management and of the auditor.
(d) Scope paragraph : The report should describe the scope of the audit by
stating that the audit was conducted in accordance with the auditing standards
generally accepted in India. The report should describe the audit as including examining
on a test basis, evidence supporting the amounts and disclosures in the financial
statements, as also assessing the accounting principles used and significant estimates
made by the management, as well as evaluating the overall financial statement
presentation. The report should include a statement that the audit provides a reasonable
basis for opinion.
(e) Opinion paragraph : The report should clearly indicate the financial reporting
framework used to prepare the financial statements and express an opinion on the true
and fair view in accordance with that financial reporting framework and where
appropriate the compliance with the statutory and or regulatory requirements.
(f) Date of the report : The report should be dated as of the completion date
of the audit, which should not be earlier than the date on which the financial statements
are signed or approved by the management.
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(g) Place of signature : The report should name the specific location, which is
ordinarily the city where the audit report is signed.
(h) Auditor’s signature : The report should be signed in the name of the firm,
the personal name of the auditor or both as appropriate.
3. Auditor’s Report :-
The auditor should incorporate in his report, the matters specified by a statute
or regulator and or report in the form prescribed by them in addition to the requirements
prescribed above.
An unqualified opinion should be expressed when the auditor concludes
that the financial statements give a true and fair view in accordance with the financial
reporting framework used for preparation and presentation of the financial statements.
The AAS list down the situations in which auditor’s report may have to be
modified:
l Matters that do not affect the auditor’s opinion.
l Matters that do affect the auditor’s opinion including qualified opinion,
disclaimer of opinion or adverse opinion.
The AAS specifies that in respect of matters that do not affect the auditor’s
opinion, the auditor should modify the report by adding a paragraph to highlight a
material matter regarding a going concern problem which is unresolved or a
significant uncertainty the resolution of which is dependent on future events and which
may significantly affect the financial statements. In such matters, the opinion paragraph
would refer to the fact that the auditor’s opinion is not qualified in this respect.
The SA specifies that in respect of matters that do affect the auditor’s opinion.
(a) A ‘qualified opinion’ should be expressed when the auditor concludes that an
unqualified opinion cannot be expressed but that the effect of any disagreement with
the management is not so material and pervasive as to require a adverse opinion, or
limitation on scope is not material and pervasive as to require a disclaimer of opinion.
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(c) An ‘adverse opinion’ should be expressed when the effect of a disagreement
is so material and pervasive to the financial statements that the auditor concludes that
a qualification of the report is inadequate to disclose the misleading or incomplete
nature of the financial statements.
5. Opinion other than an unqualified opinion :-
Whenever the auditor requires an opinion other than unqualified, a description of
all the substantive reasons should be included in the report and quantification of the
possible effect(s), individually and in aggregate, on the financial statements should be
mentioned in the report.
6. Limitation on Scope :-
The AAS also requires that in case there is a limitation on scope that requires
expression of a qualified opinion or a disclaimer of opinion, the auditor’s report should
describe the limitation and indicate the possible adjustments that might have been
necessary had the limitations not existed.
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Unit - 1
Definitions, Residence & Tax Liability
Structure of Unit
1.0 Objectives
1.1 Introduction
1.6 Illustrations
1.0 Objectives
l Meaning of Income-tax.
1.1 Introduction
The importance of the income tax has increased considerably in the present
days because it has become a major source of revenue to the Government to be
utilized for the social and economic development of the country. It is one of the effective
instruments of reducing unequal distribution of wealth between the rich and the poor.
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1.2 Meaning of Income tax and Levy of Income Tax
Income tax is a tax on income. Every person with an income in excess of a
prescribed limit has to pay a tax. Such tax charged on excess income is called
Income tax. Income tax is a direct tax. It is contained in the income tax Act 1961.
However every year the parliament passes a finance bill which can make amendments
to Income tax Act. The rates of income tax for the year are specified in the finance
bill (called the budget).
For levy of income tax all the taxable income of a person should be determined
as per the provisions of the Act and Rules. The income arising from any of the following
heads is chargeable to tax :
i) Income from Salary
ii) Income from House Property
iii) Profits and Gains of Business or Profession.
iv) Capital Gains.
v) Income from Other Sources.
The income of a person should be computed under each head separately. The
total of such net amount from each head of income is called the “Gross total
Income”. There are other permissible deductions under the Act which are to be
deducted from the gross total income. The balance is called the taxable income or
“Total Income”. The incomes which are exempt from tax are not included in the
above income.
1. Agricultural Income
There are three basic conditions to be fulfilled so that the income can be called
agricultural income.
b) The land should be situated in India. If the land is situated outside India
the Income derived from such land is not agriculture income.
c) The land should be used for agricultural purposes. There should have been
some agricultural operations performed on that land.
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Following incomes are treated as agricultural income.
a) Any rent or revenue derived, Rent is a receipt in cash or yield or income from
land.
i) If the land is located outside India, any income derived from such land.
Agricultural income is exempt from income tax u/s 10 (i). However if the agricultural
income exceeds Rs. 5,000, it is taken into account for determining the rates of income
tax on other non agricultural income of an assessee.
2. Assessee
An assessee is a person
c) Against whom any proceedings under the Act have been initiated.
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d) Who is deemed to be an assessee in default. (a person who has failed to
discharge any obligation under the Act.)
In the case of a business or profession newly setup in the financial year, the
period of previous year should be from the date of setting up of the business or
profession to 31st March next following. If the business is newly started on 1.6.2014,
then the period of previous year will be of 10 months beginning from 1.6.2014 to
31.3.2015 for the assessment year 2015-16. Thereafter it will be from 1st April to 31st
March, each year.
5. Income
The income tax Act does not define the term income. However Sec. 2(24) states
that income includes the following.
ii) Dividends
iv) The value of any perquisite or profit in lieu of salary taxable under the
head ‘Salaries’.
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v) Any allowance granted to employees.
viii) The profits and gains of insurance carried on by mutual insurance company
or by a co-operative society, computed in accordance with provisions of
this Act u/s 44.
ix) Winning from lotteries, betting, cross-word puzzles, gambling, horse race
etc.
xi) Any sum recovered in the previous year by the assessee in respect of any
loss, expenditure or trading liability which has been allowed as deduction for
any year in the past u/s 41 (i).
xii) Any annuity due, or commuted value of any annuity paid u/s 280 D.
xiii) Every other income which is not excluded from the total income and which
is chargeable under sec. 56 as income from other sources.
6. Person
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d) An Association of Persons (AOP) : It refers to a body of persons, whether
incorporated or not, who have joined together to serve common interest e.g.
Trusts, Co-operative societies, Trade Unions etc.
7. Company
A company means :
a) An Indian Company.
b) Any body corporate incorporated under the laws of any other country.
c) Any institution which has been assessed as company for any A.Y. before
1970-71.
8. Indian Company
Indian company means a company registered under the companies Act 1956.
It also includes following, if the registered office of the company or institution is in
India.
a) Any company formed and registered under any other company law formerly
in force in India.
d) A company formed under the laws in force in the state of Jammu &
Kashmir and the Union Territories of Dadra, Nagar Haveli, Daman & Div
and Pondechery.
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9. Business
Generally, business means any activity carried on for profit. In order to verify
whether a transaction involves a business, the following points must be taken into
account.
‘Capital asset’ means property of any kind held by an assessee, whether or not
connected with his business or profession. Hence all the movable or immovable
property including leasehold rights, partner’s share in a firm, a manufacturing right
etc. are treated as capital assets. But the following assets held by an assesses are
not included in the above definition.
a) Any stock-in-trade, consumable stores or raw materials held for the purpose
of his business or profession.
d) Gold bonds issued by the Central Government (Such as 6.5% Gold Bonds,
1977 or 7% Gold Bonds 1980 or National defense Gold Bonds 1980,
Special Bearer Bonds 1991 and 3 years IDBI Capital Bonds issued by the
central Government.)
Any receipt which is of a casual and non-recurring nature including winning from
lotteries, cross-word puzzles etc. is a casual income. Casual income would mean the
accidental or fortuitous receipts occurring without stipulation contract, calculation or
plan. Casual income is not exempt from income tax.
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12. Fringe Benefits
‘Fringe Benefits’ means certain benefits (as stated below) provided by the
employer to his employees and an employer is required to pay an additional income
tax thereon.
Basically the assessee can be either 1. Resident or 2. Non Resident (NR). If the
assesses is an Individual or HUF, the resident category is further divided into two sub
categories. 1. Resident and Ordinarily Resident ( R & OR). 2. Resident but not
Ordinarily Resident (RNOR).
Residential Status
The following are the conditions for determining the residence of an Individuals.
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1. Resident in India [Sec. 6(1)]
A resident who does not fulfill any of the above two conditions is said to be not
ordinarily resident.
4. Non-Resident
If an individual does not satisfy any of the conditions under section 6 (1) and 6
(6) he is said to be the non-resident.
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2. Resident and Ordinarily Resident : A HUF is said to be ordinarily resident
in India if its Karta or Manager is resident in India.
(a) in at least 9 years out of 10 years preceding the relevant previous year and
(b) is in India for 729 days or more during 7 years preceding the relevant
previous year.
3. Resident but not ordinarily Resident : If any of the above two conditions
is not fulfilled, the HUF is said to be resident but not ordinarily resident in India.
They are said to be ‘Non-Resident’ when the control and management of their
affairs is situated wholly outside India.
4. Company
Every Indian company is treated as ‘Resident’ in India whether its control and
management is situated in India or abroad. But as regards other companies they are
treated as resident companies only when the control and management of their affairs
is situated wholly in India.
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1.5 Tax Liability as per Residential Status
1. Persons who are resident and ordinarily resident are chargeable to tax on all
income.
a) Which is received or is deemed to be received in India.
b) Which accrues or arises or is deemed to accrue or arise in India and
c) Which accrues or arises outside India i.e. foreign income.
2. A person who is resident but not ordinarily resident, his tax liability is same
as of resident and ordinary resident except that the income which accrues or arises
outside India is not included in his total income unless it is derived from a business
controlled in or profession set up in India.
3. A person, who is non-resident, he is liable to pay tax an income received or
deemed to be received in India, or income accrued or arose or deemed to be
accrued or arose in India only. Income accruing or arising outside India of non-
resident is not taxable in India even if it is remitted to India.
The tax liability of person is dependent on residential status of a person. The
following chart shows the tax liability of various incomes for different residential
status.
Resident
Types/Description of Income
R & OR RNOR Non Resident
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It means that the Indian income is taxable in India irrespective of the residential
status and the foreign income is taxable in case of Resident only.
ii) Interest credited to the provident fund account exceeding the specified rate
per annum. The present rate is 9.5% p.a.
vii) Deemed profits u/s 4. These are recoveries of earlier allowed bad debts,
recoveries from discontinued business.
v) Salary payable to Indian citizen by the Government for service outside India.
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Scope of Total Income
1. The total income of any previous year of an person who is a resident in India
includes all income from whatever source derived,
In case of a person not ordinarily resident in India, the income which accrues
or arises to him outside, shall not be included unless it is derived from a business
controlled or a profession set up in India.
1.6 Illustrations
1. Subhash, a citizen of India, left India for the first time on 1st September 2013.
He comes to India on 1st Feb. 2015 and left India on 15th Feb. 2015. Find out residential
status of Shri. Subhash for the A. Y. 2015-16.
Solution : During the previous year Subhash’s stay in India was for 14 days only.
He does not satisfy any of the conditions of Sec. 6 (i). Hence he is non-resident for the
Assessment year 2015-16.
2. Pratik for the first time left for U.K. on 10th March, 2014. He returned to India
on 25th Dec. 2014. Ascertain his residential status.
Solution : Pratik stayed in India for 97 days during the previous year 2014-15.
Hence he was non-resident.
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3. Shri. Joshi, an Indian citizen, serving in a company in New York, Comes to
India every early for five months, but in the previous year 2014-15. He come to India
for only fair months. State his status for previous year 2014-15.
Solution : He is non-resident as,
a) He was not in India for at least 182 days during the previous year 2014-15.
b) Though he was 365 days in India during the previous 4 years.
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1.7 Self Assessment Questions
1. Define
i) Assessee ii) Assessment year
iii) Income iv) Agricultural Income
v) Business vi) Previous year
vii) Company viii) Person.
6. Mr. Narayan is a citizen of India. He has been serving in Mumbai office for the
last 15 years. On 20-4-2012 he is transferred to New York office and he leaves India
on the same day to take charge of that office. He is again transferred to Mumbai office
and come to India on 12-9-2014.
What will be he is residential status for the previous year 2012-13, 2013-14 and
2014-15 applying the current provisions?
7. Mr. Jaswant is a citizen of India. He has been serving in Poona Office for the
last 20 years. He was transferred to Tokyo Office which he is joined on 20-4-2011. He
returned to India on 1-6-2012. He was sent to London office on 1-3-2014. He returned
to India again on 15-3-2015.
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Determine the residential status for the P. Y. 2011-12, 2012-13, 2013-14 &
2014-15.
8. Mr. Avinash furnished the following particulars of his income for the previous
year ended 2014-15.
Rs.
f) Income from business in Germany controlled from India and the amount
was not brought to India. 35,000
g) Profit from business in Bangla Desh the amount was received there and
brought into India. 30,000
Compute the total income of Mr. Avinash for the assessment year 2015-16 if he
is : i) Resident, ii) Not Ordinarily resident and iii) Non resident.
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Unit - 2
Structure
2.0 Objectives
2.1 Introduction
2.4 Summary
2.0 Objectives
After going through this unit, you should be able to -
2.1 Introduction
The income Tax is a tax on the income of a person, the meaning of the term
income is very important. But the income Tax Act, 1961 does not define the term
income Sec. 2 & 3 of the Act, however defines the terms & expressions of the word
‘income’ these are of two types – (i) Inclusive and (ii) Exhaustive the exhaustive
definition tries to explain the meaning of the term, where as the inclusive divination
gives the contents included in such term.
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Generally speaking, the word Income covers receipts in the shape of money or
money’s worth which arise with certain source. However all receipts do not from the
basis of taxation under the act. For levy of Income Tax first of all the taxable income
of a person should be determined as per the provisions of the Act & Rules. The Taxable
income should be computed under the five heads. The total of such net amount is
called Gross total Income. There are other permissible deductions under the act which
are to be deducted from Gross Total Income. But there are some Incomes are not
included in the above income.
Exemptions available U/s 10, 10A, 10 B, 13 A & deductions under 80C to 80U are
of special nature of are allowed to certain limits.
These exemptions and deductions available under the act may be broadly be
grouped as “ –
In this chapter, we are going to study exempted Incomes & deductions of chapter
VI 'A' applicable to Individual.
2. Any sum/receipts received from Hindu Undivided family (HUF) [sec10 (2)]
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computed by dividing the taxable profit of the firm in the same proportions as per the
profit sharing ratio mentioned in the partnership deed.
(b) Income from interest standing to credit in a Non Resident (external) Account
in India, in accordance with the FERA1973 or a person who has been
Permitted by the RBI to maintain the a foreside account – sec. 10 4 (ii) and
(c) In the case of an, Indian citizen or a person of Indian origin who is a non
resident, National saving certificates VI & VII Issues if such certificates are
subscribed from outside thorough official channels – sec 10 4 (B)
The amount to be exempted should not exceed the amount of expenses actually
incurred for the purpose of such travel.
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(b) Any gratuity received by employees Covered by the payment of Gratuity Act
1972, is exempt to the extent that it is payable as per the provisions of that
Act being the least of the following (i) Actual Gratuity received (ii) Rs.
7,00,000 (iii) 15 days salary (7 days in the case of employees of seasonal
establishment) based on salary last drawn for each completed year of
service or part there of exceeding 6 months
(c) Any other gravity received by on employee from the employer of private
sector /corporations on his retirement or becoming in capacitated, or on
termination is exempt being the least of the following : -
(i) half month’s average salary for each year of Completed Service.
(ii) maximum limit Rs. 7,00,000.
(iii) Actual gratuity received.
The average salary is calculated on the basis of 10 months preceding the month
in which the gravity is paid. For this purpose salary means “Basic pay +Dearness
allowance (if the terms of employment provides) +Commission (if it is based on
percentage of turnover)
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co-operative society or university or India institute of technology or specified institute
of management on his retirement, is exempt subject to a maximum limit of Rs.
5,00,000 in accordance with the scheme formed there under [Rule 2 BA]. In the case
of Companies the scheme should be approved by the chief Commissioner or Director
General as the case may be. Further if such exemption has been allowed for any
employee for any assessment year, no exemption will be allowed again for any other
assessment year.
Any sum received under a life insurance policy, including the sum allocated
by way of bonus on such policy, shall not be included in the total income of a
persons. The exemption is however not available in respect of such polices which
is in sec. 8- DDA (3) or under key man insurance policy.
(iii) (a) 50% of salary if the house is situated in Mumbai, Kolkata, Chennai &
Delhi (b) 40% of salary if the house is situated at any other place. “salary
for this propose” is equal to Basic salary +D.A. (if terms of employment
provides) + Commission (if based on Fixed percentage).
The period of occupation of the house by the assesses during the previous
year is to be taken into account for the above calculation.
Scholarship granted to meet the cost of education is exempt from tax. In order
to avail the exemption it is not necessary that the government should finance
scholarship.
(a) Daily allowance Entire amount is exempt. (b) any other allowance received
by a Member of parliament under the Members of Parliament (Constituency allowance
)Rules 1986 and (c) all other allowances (not exceeding Rs.2000 P.M.) received by any
person by reason of his Membership of any state legislature or any Committee there
of, which the Central Government may notify.
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17. Awards &Rewards : [sec. 10 (17A)]
The following payment received either in cash or in kind are exempt – (a) Any
award Instituted in the public interest by the government or any other approved public
body (b) any reward received from the government for such purpose that are approved
in the public interest.
The annual value of any one palace in the occupation of a Ruler during the
pervious year, is exempt provided such exemption was given be before the
commencement of the Constitution Act 1971.
Any income received in respect of the units of Mutual fund specified under clause
10 (23D) & units of UTI or specified Company are exempt from tax, in the hands of
recipients.
(viii) Grant received by subsidiary Company from holding Company sec.10 (40)
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2.3 Deductions under Chapter VI 'A' applicable to Individual
The Chapter VI 'A' of the Income tax act provides for the deductions an assessee
can claim in Computing the total Income. It includes sec. 80C to 80U these are
explained as :-
1. Deductions U/s 80 C –
7) Payment for notified annuity plan of LIC. (e.g. New Jeevan Dhara, New
Jeevan akshay.)
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10) Contribution to notified pension fund. (set up by mutual fund or UIT)
11) Any sum deducted from salary payable to Govt. Employee for the purpose
of serving him a deferred annuity (subject to a maximum of 20%of salary)
12) Any sum paid (including accrued interest) as subscription to home loan
account scheme of National housing bank.
13) Any sum paid as tuition fees to any university/college /educational institution.
15) Amount invested in approved debenture /equity shares (in a public co.
engaged in infrastructure, power sector, etc.)
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Amount of deduction –
It above conditions are satisfied then the insurance premium paid or 15000
whichever is lower, is deductible (maximum amt. of Rs. 15000 increased to Rs. 20000
if the family Member consist a senior citizen).
The deduction is available to individual and a HUF. The assessee should have
actually incurred some expenditure on medical treatment for specified ailments. In
case of an individual the expenditure might be for himself or any dependent relative.
for HUF it can be for any Member of is Rs. 40,000 and if the patient is a senior citizen
the amount of deduction shall be Rs. 60,000 or the expenditure actually incurred
whichever is lower.
Only donations in cash qualify for the deduction. Generally the Qualifying Amount
of donations should not exceed 10% of Gross total Income after deductions allowed
under chapter VI 'A'.
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Dontations to following funds / Institutions are100% deductible.
(iv) Any State Government Fund for providing medical relief to tried poor.
(1) Any notified temple, mosque, gurudwar church or other place of workshop.
(2) Any corporation specified in sec. 10 (26BB) for promoting interest of minority
community.
2.4 Summary
Sec. 10 of Income Tax Act. 1961 enumerates income which are tax free. They
are called exempted incomes. These incomes are not included in computing the total
income of on assessee. Any income falling within only of the clauses in sec. 10 shall
be exempted. The burden of proving that of particulars item of income falls within this
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section is on the assessee. Some of the important exempted are agriculture income,
receipts from HUF, share of income/ profits from firm, Gratuity etc.
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4. Medical Insurance Premium u/s 80 D available only when it is paid by –
(a) cash (b) cheques (c) DD (d) all of the above.
Ans. : [1. d 2. a 3. b 4. b 5. d]
Ans. : [1. T 2. F 3. F 4. F 5. T]
2. Explain briefly the provisions of the Income tax Act 1961, regarding deductions
allowable in computing the total income of the Individual.
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2.7 Further Readings
1. Students Guide to Income Tax : Dr. Vinod singhania
Dr. Monica Singhania.
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Unit - 3
Heads of Income
(Computation of Total Income)
Structure
3.0 Objectives
3.1 Introduction
3.4 Illustration
3.0 Objectives
After going through this unit, you should be able to
3.1 Introduction
An individual means a human being including male, female, minor, major or a
person of unsound mind. The assessment of individual refers to the computation of the
total income of an individual for income-tax purpose.
1. Ascertain the income of an individual as per the provisions in the Act, under
the various heads such as salaries, income from house property, profits
and gains of business or profession, capital gains and income from other
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sources. The residential status of an individual should be taken into
consideration while computing such income under various heads.
2. The proper effect should be given to the unabsorbed losses and allowances
brought forward from the earlier years.
4. The deductions under section 80C to 80U, if any, should be claimed from
the gross total income. The balance represents to total taxable income of
an individual.
5. Finally, tax liability on total taxable income should be computed by taking into
consideration advance tax, if any, paid by him.
(a) In case the total income of the association or body is taxable at maximum
marginal rates or at any higher rate the share received by member from its
income will not be included.
(b) In case the total income of association or body is taxable at the usual rates,
the share of member is included in his total income. However, he is entitled
for a rebate of tax at an average rate on such income.
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(c) In case the total income of association or body is not liable for tax, the share
of member in such income is included in his total income. But he is not
entitled for a rebate of tax.
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3.4 Illustrations
Illustration 1 : Mr. Shamprasad, who is an employee of a company at
Ahemadabad, (population exceeds 30 lakhs) furnishes the following particulars of his
income.
2. Dearness Allowance Rs. 500 per month (not eligible for retirement benefits).
7. Entertainment Allowance Rs. 600 per month (He was receiving from the
company Rs. 300 per month prior to 1-4-2000).
8. He was provided with a rent free accommodation of fair rent of Rs. 20,000
per year. The cost of furniture are provided amounted to Rs. 10,000.
Mr. Shamprasad is the owner of a house property of the municipal value of Rs.
18,000. It has been let out at Rs. 2,000 per month. Municipal taxes amount to 10% of
the municipal value and 30% of the municipal taxes are borne by the tenant. The house
remained vacant for two months during the year.
Besides he has received Rs. 70,000 as interest on bank deposits. His investments
& expenditure during the year were :
Payment of LIC premium on own life Rs. 3,000, Donation to Prime Minister's
National Relief Fund Rs. 5,000. Professional Tax Rs. 200 p.m.
Mediclaim insurance premium for family Rs. 1,200.
Compute his total income for the A. Y. 2015-16.
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Solution
Computation of the Total Income of Mr. Shamprasad
for A. Y. 2015-16
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(70% of Rs. 1,800) 1,260
Annual Value 18,740
Less : Deductions u/s 24
(i) Standard deduction
(30% of Annual Value) 5,622 5,622 13,118
(III) Income from other Sources :
Interest on bank deposits 70,000
Gross Total Income 1,78,628
Less : Deductions u/s 80
1. LIC Premium, RPF etc u/s 80 C 8,000
2. Donations u/s 80 G 5,000
3. Mediclaim u/s 80 D 1,200 14,200
[ Working Notes :
1. Valuation of rent free furnished accommodation owned by employer at Ahemadabad
Salary : 15% of salary of Rs. 78,200 i.e. ....... 11,730
Basic 36,000 Add : 10% of cost of furniture 1,000
DA (if enters) NIL l Value of furnished house 12,730
Bonus 10,000 (FRV not to be considered for valuation of
Commission 25,000 accommodation)
Taxable Note : as Fair rent of house is given instead of rent paid by
Ent. Allow 7,200 the employer for the accommodation, it is assumed that the
accommodation is owned by employer.
78,200
Population of Ahemadabad exceeds 25 lakh and as fair rent is given accommodation is
owned by the emploer hence valuation of accomodation is done at 15%.
2. Deduction for entertainment allowance u/s 16 (ii) cannot be claimed as the assesee is
non government employee. Untill the P. Y. 2000-01 they were eligible for this deduction. While
computing this deduction the entertainment allowance received prior to 1-4-1955 was one of the
the limits.
3. Assessee can claim deduction u/s 80 C in respect of his contribution ro RPF and
payment of LIC premium.
4. D. A. does not enter retirement benefit and commission of fixed (i.e. not based on
turnover) hence not included in salary for the purpose of calculation accretion of RPF. ]
134
Illustration 2 : Mr. Rajmani is employed with M/s. EXPRESSIONS PVT. LTD.,
Mapusa. From the following information pertaining to the year ending 31st March, 2015.
Compute his total Income :-
Rs.
Basic salary (after deducting TDS and own contribution to
Recognised P.F.) 60,000
Bonus 10,000
He is also the owner of a residential house property which he has let out to his
friend Murlidhar for annual rent of Rs. 48,000. The fair rent is Rs. 50,000 and Municipal
Valuation Rs. 45,000. He incurred the following expenses in connection with the said
property during the previous year 2008-09.
(ii) Repairs and white wash due but not paid Rs. 5,000.
(v) Interest paid on capital borrowed by his late father for constructing this
property Rs. 10,500.
Mr. Rajmani donated Rs. 8,000 to Goa University and spent Rs. 5,500 per month
on medical treatement of his dependents on who is permanently physically handicapped.
He paid a rent of Rs. 1,000 per month for a house where he stays and a
professional tax @ Rs. 250 p.m.
135
Computation of the Total Income of Mr. Rajmani
for A. Y. 2015-16
136
Gross Total Income 1,16,550
Less : 1. Deductions for RPF Contribution
u/s 80 C 9,000
2. Deduction for handicapped
dependent u/s 80 DD 50,000
3. Deduction for donation u/s 80 G 8,000 67,000
[ Working Notes :
2. If the handicapped dependent is severely handicapped (i.e. 80% or more) the deduction u/
s 80 DD is increased to Rs. 1,00,000 instead of Rs. 50,000.
3. Interest on capital borrowed for construction by father is deductible u/s 24. But other
expenses such as while wash expenses, repairs, rent collection charges, insurance etc. are
not deductible. ]
Illustration 3 : Mr. Babu of Bangalore submits the following trading and Profit
and Loss Account for the year ending 31-3-2015.
137
Particulars Rs. Particulars Rs.
51,800 51,800
3. Rent and taxes include Rs. 2,300 being municipal taxes paid for the building
let out.
5. Miscellaneous expenses include Rs. 400 being puchase of books for the
employment.
138
Solution
Computation of the Total Income of Mr. Babu for A. Y. 2015-16
Particulars Rs. Rs. Rs.
(I) Income from Salary :
Gross Salary 60,000
Less : Professional Tax u/s 16 (iii) 1,200 58,800
(II) Income from house property
Gross Annual Value - Rent 4,800
Less : Municipal Taxes paid 2,300
Annual Value 2,500
Less : Sandard Deduction
(30% annual value) 750 1,750
(III) Income from business :
Net Profit 25,100
Add : Inadmissible Expenses :
Advances included in purchase 5,000
Income Tax 600
Household expenses 4,200
Donation 500
Provision for bad debts 680
Books for employment 400
Depreciation 500
Municipal Taxes 2,300 14,180
39,280
Less : Inadmissible incomes :
Dividend from co-operative society 2,000
Rent from buildings (let out) 4,800 6,800
32,480
Less : Depreciation as per rules 400 32,080
(IV) Income from other Sources :
Dividend from co-operative society 2,000
Gross Total Income 94,630
Less : Deductions for donations u/s 80 G 500
Total Taxable Income 94,130
Note : Advance for purchases is inadmissible because it is not actual purchase.
139
Illustration 4 : The following is the summary of cash transactions of Dr. V.
Kumar for the previous year ending 31-3-2015.
4,44,350 4,44,350
Other Information
(a) Municipal taxes, fire insurance and repairs are in connection with house
property let out.
(c) Gifts include Rs. 8,000 from father-in-law and the balance from patients.
(d) Depreciation as per rules Rs. 10,000 on all blocks of assets including on
books and the portion applicable on car.
140
(e) Magazines of Rs. 2,000 only were related to profession.
(h) Collection charges Rs. 100 for dividend and Rs. 400 for house property.
Solution
Computation of the Total Income of Dr. V. Kumar
for A. Y. 2015-16
141
(II) Income from house property (let out)
Gross Annual Value - Rent 24,000
Less : Municipal Taxes paid 2,000
Annual Value 22,000
Less : Standard deduction (30% A.V.) 6,600
Fire Insurance NIL 6,600 15,400
(III) Income from other Sources
Interest on Government Securities 4,000
Interest on Post Office S. B. A/c 3,000
Less : Exempt u/s 10 (15) 3,000 NIL
142
Salary for part time lectures in a college 48,000
Examinership fees from university 2,600
Interest on bank depostis 2,000
Dividend from co-operative society 1,000
Directors sitting fees 10,000
Additional Information :
(a) Half of the premises is used for office and the other half for his residence.
Rent & electrical charges are charged accordingly.
143
Solution
Computation of the Total Income of Mr. Shivaji
for A. Y. 2015-16
Particulars Rs. Rs. Rs.
144
[ Notes : 1. Half of rent, electricity and car expenses are for private use hence disallowed.
2. Car is used for less than 180 days hence half of depreciation is allowable - out of which
again half is used for office work hence allowable. ]
Compute the total income for the assessment year 2015-16 after taking into
consideration the following information :
(a) There was no stock of medicines as on 31-3-2015.
(b) Gifts included Rs. 2,500 received from his relatives in personal capacity.
(c) Repairs related to house property let out.
(d) Car was purchased in 2003 and there was no other asset in that block of
assets. The written down value of car on 1-4-2014 was Rs. 37,500.
(e) The car was used entirely for profession.
(f) Depreciation on the block of assets other than car amounted to Rs. 11,250
allowable as per rules.
(g) Donations are paid to Fund for Techonology Development and Application.
145
Solution
Computation of the Total Income of Medical Practitioner for A. Y. 2015-16
Particulars Rs. Rs. Rs.
(I) Income from Profession :
Surplus as per income & Expenditure A/c 1,15,000
Add : Expenses disallowed :
Income tax 9,250
Municipal taxes on H. P. 3,000
Repairs to house property 6,500
Charity 375
Donations 3,000 22,125
1,37,125
Less : Incomes taxable under other heads :
Rent from house property 30,000
Gifts in personal capacity 2,500
Profit on sale of car 5,750
Interest on debentures of ABC Ltd. 5,000 43,250
93,875
Less : Depreciation as per rules 11,250 82,625
(II) Income from House Property
Gross Annual Value :
Rent received 30,000
Less : Municipal taxes paid 3,000
Annual Value 27,000
Less : (1) Standard deduction (30% of A.V.) 8,100 8,100 18,900
(III) Income from other Sources :
Interest on Debentures of ABC Ltd. 5,000
(IV) Short-term capital gain 5,750
Gross Total Income 1,12,275
Less : Deduction for Donations u/s 80 G 3,000
Total Taxable Income 1,09,275
146
Illustration 7 : Shri. Shankar is engaged in smuggling business out of which he
earned a profit of Rs. 20,000. This profit is arrived at after claiming the following
expenses :
(a) Rs. 3,000 paid as tips to border police.
(b) Rs. 5,000 as loss of goods seized by the custom authority.
(c) Rs. 2,000 paid as penalty to the Customs Department.
He is also carrying on regular cloth business from which he made a profit of Rs.
50,000.
His other incomes are :
(i) Winning from horse race Rs. 2,000, winning from lotteries Rs. 5,000 and
winning from bridge game Rs. 1,000.
(ii) He received a royalty of Rs. 15,000 in respect of a book written by him and
he claims expenditure of Rs. 3,000 in preparing its manuscript and Rs.
2,000 paid to a student who collected the material for the book.
(iii) He received remuneration of Rs. 1,500 for delivering guest lectures.
(iv) He received Rs. 790 as dividend on shares of a foreign company and Rs.
3,500 as income from agricultural land in Bangladesh.
(v) He earned interest at 15% on deposit of Rs. 5,000 with Bajaj Auto Ltd.
Shri. Shankar has spent Rs. 25,000 for medical treatment of his son suffering
from specified disease.
Compute his total income for the A. Y. 2015-16.
Solution
Computation of the Total Income of Shir. Shankar
for A. Y. 2015-16
Particulars Rs. Rs. Rs.
(I) Income from Business :
Smuggling business profit 20,000
Add : Penalty to customs dept. 2,000
22,000
Add : Income from cloth business 50,000 72,000
147
(II) Income from other Sources :
(A) Casual Incomes :
Winning from horse race 2,000
Winning from lotteries 5,000
Winning from bridge games 1,000
8,000
(B) Royalty of books received 15,000
Less : Incidental expenses for -
1. Preparing manuscript (-)3,000
2. Collection of materials (-)2,000 10,000
(C) Remuneration for guest lectures 1,500
(D) Dividend on shares of Foreign Co. 790
(E) Agricultural Income in Bangladesh 3,500
(F) Interest on deposits with Bajaj Auto Ltd.
(15% on Rs. 5,000) 750 24,540
Gross Total Income 96,540
Less : Deduction for treatement of
son u/s 80 DDB 25,000
Deduction for Royalty u/s 80 QBB 10,000 35,000
Total Taxable Income 61,540
[ Notes : 1. It is assumed that winning from horse rece, lottery are gross receipts.
2. Tips to police and loss on goods seized are allowable expenses of smuggling business.
3. Agricultural income from foreign land is taxable. ]
148
2. The annual value of his self-occupied house is Rs. 12,000 on which he has
paid Rs. 2,000 as local taxes and Rs. 75 as insurance premium.
3. He owns a cinema theatre which he has let out along with machinery
and furniture therein to distributors for an annual rent of Rs. 96,000 for
building, Rs. 60,000 for furniture and Rs. 24,000 for machinery. The expenses
incurred by him are :
Municipal taxes Rs. 15,000, Insurance Rs. 6,000.
The depreciation allowance is Rs. 10,000.
4. He has earned interest on bank deposits Rs. 8,000 and on deposits with a
private company Rs. 10,000.
5. Insurance commission earned by him on the agency of Life Insurance
Corporation is Rs. 24,000 on his gross business.
6. His gross winning from horse race are Rs. 75,000 and from card games
Rs. 12,000.
7. He has paid donations to Prime Minister's National Relief Fund Rs. 5,000;
Notified Gurudwara Rs. 20,000 and an approved mosque Rs. 20,000.
8. He has purchased NSC (VIIIth issue) Rs. 5,000 & Contributed Rs. 3,000 to
P.P.F.
Solution
Computation of the Total Income of Mr. Chandru
for A. Y. 2015-16
Particulars Rs. Rs. Rs.
149
(II) Income from other Sources :
(a) Rent of theather - for Building 96,000
- For Furniture 60,000
- For Machinery 24,000
1,80,000
Less : Allowable expenses :
Municipal Taxes15,000
Insurance 6,000
Depreciation allowable 10,000 31,000 1,49,000
(b) Interest on bank deposits 8,000
Interest on company deposits 10,000
(c) Insurance Commission for LIC 24,000
rd
Less : Deduction @ 1/3 of commi. 8,000 16,000
(d) Casual Incomes :
Winning from horse race 75,000
Winning from card games 12,000
87,000 2,70,000
Gross Total Income 3,29,000
Less : 1. Deduction for P.P.F. & NSC u/s 80C 8,000
2. Deduction for donations u/s 80 G Q. Amt.
(a) National Relief Fund 5,000
(b) Notified Gurudwara 20,000
Notified Mosque 20,000
40,000
(Not exceeding 10% of adjusted G.T.I.
Rs. 3,21,000 (i.e. 3.29,000 - 8000) 32,100
37,100
Deduction Amount
100% of Rs. 5,000 = 05,000
50% of Rs. 32,100 = 16,050 21,050 29,050
Total Taxable Income 2,99,950
150
3.5 Self Assessment Questions
1. Explain in brief the procedure for computation of the total Income of an
individual.
2. How would the following items be treated in the computation of the total
income of an individual ?
(e) Interest and salary from a firm of which the assessee is a partner.
1 Following is the Trading and Profit & Loss A/c of Mrs. Sheshadri for the year
ended 31-3-2015.
16,68,000 16,68,000
151
To Insurance of employees 2,890 By Amount received under
To Printing & Stationery 4,700 Keyman Insurance
To Advertisement 7,210 policy 66,000
To Drawings 36,000
To Net Profit 1,17,000
3,00,000 3,00,000
Additional Information :
(a) Salaries include Rs. 18,000 paid as salary to Mrs. Sheshadri and
Rs. 3,000 paid to domestic servant.
(b) Rent included Rs. 4,800 hostel charges of Mrs. Sheshadri's daughter.
(c) Mrs. Sheshadri owns a house property which has been self occupied.
Municipal taxes Rs. 2,400 paid annually on this property are included in
drawings.
(d) Drawings also included Rs. 3,800 being the amount paid into public provident
fund A/c with State Bank of India.
(e) She gave a donation of Rs. 5,000 to National Foundation for Communal
Harmony.
(f) Purchases include Rs. 5,000 being the cost of goods utilised by her for
personal purpose.
[ Ans. : Total Taxable Income Rs. 1,78,800 (GTI Rs. 1,83,800 - Rs. 5000)
Income from Business Rs. 1,65,800 (i.e. 1,17,000 + 66,800 - 18,000);
Income from other sources Rs. 18,000; Deduction u/s 80 (G) Rs. 5,000.
Notes : 1. Disallowable businee expenses are - Salary Rs. 21,000, Hostel expenses
Rs. 4,800, Purchases Rs. 5,000 & Drawings Rs. 36,000.
152
2 From the following summary of cash book of Dr. Desai, a medical practitioner,
Compute his total income for the assessment year 2015-16.
Other Information :
(a) Half of car expenses were for private use.
(b) Life insurance premium paid was on the policy of his minor son.
(c) Salary to staff includes Rs. 200 paid to a servant who is working in doctor's
house.
(d) Municipal taxes paid were on house property.
(e) Gifts and presents are from his relatives on birthday celebration.
[ Ans. : Gross Total Income Rs. 22,350; Income from profession Rs. 8,200 (i.e. 32,000-
23,800); Income from H.P. Rs. 3,150, Income from other sources Rs. 11,000,
Taxable Income Rs. 21,850.
Notes : 1. Gifts and presents from relatives are non-taxable. 2. 100% depreciation is
allowable on books. 3. Salary to personal servant is inadmissible. 4. Insurance
premium paid on life of minor child is deductable u/s 80 C. ]
153
3 Dr. Anand Reddy, a medical practitioner and a lecturer in a medical college,
gives you his Receipts and Payments Account for the year ended 31-3-2015 as follows
:
154
4 The following is the Income and Expenditure Account of Mrs. Smita for the
year ending 31-3-2015.
Compute her taxable income for the A.Y. 2015-16 after taking into consideration
the following information :
(a) Charity of Rs. 1,500 is the cost of medicine given to a poor student and a
donation of Rs. 10,000 to Maharashtra State Blood Transfusion Council.
(b) She incurred the expenses Rs. 25,000 on medical treatment, training and
rehabilitation of severely a physically handicapped sister depending only on
her and deposited Rs. 10,000 under the scheme of LIC for her maintenance.
(c) Gifts includes Rs. 1,000 from her relatives in personal capacity.
(d) There was no stock of medicines at the of the year.
(e) The car was used entirely for profession.
(f) Repairs related to house property.
(g) Depreciation on motar car, surgical equipment and furniture allowable as
deduction under Income-tax Rules Rs. 14,500.
155
[ Ans. : Total Income Rs. 46,760; G.T.I. Rs. 1,06,760, Deductions - 80 DD Rs. 50,000
and 80 G Rs. 10,000, Income from Profession Rs. 84,080 (i.e. 1,10,180 + 25,400
- 37,000 - 14,500), Income from House property Rs. 22,680 (i.e. 36,000 - 3600
- 9,720).
Notes : 1. Charity to poor students is not eligible for deduction u/s 80 G. 2. Gifts received
in personal capacity is tax-free as are below Rs. 50,000. ]
5 From the following particulars furnished by Shri. Jagdish. Compute his total
income for A. Y. 2015-16 and the qualifying amount for deduction u/s 80 C :
156
Donation to an approved local authority for promoting
family planning programme 5,000
Deposit in 10 years Post office
Cumulative Time Deposit Accounts 2,000
Insurance Premium paid by chequre on the health of
his child under mediclaim scheme 1,000
Life Insurance premium paid on his life
Policy of Rs. 50,000 5,000
[ Ans. : Total Income Rs. 45,000; G.T.I. Rs. 1,03,000; Deductions u/s 80 D Rs. 1,000 u/
s 80 G Rs. 5,000 (100%) and u/s 80 C Rs. 47,000; u/s 80 QQB Rs. 5,000. Income
from salary Rs. 36,000.
Income from House property (S.O.P.) (-) Rs. 2,000, other sources Rs. 69,000 (i.e.
10,000 + 2,000 + 7,000 + 28,000 + 2,000 + 5,000 + 15,000).
Qualifying amount for deduction u/s 80 C Rs. 47,000 (i.e. 5,000 + 25,000 + 2,000
+ 10,000 + 5,000). ]
157
Unit-4
Introduction to Service Tax
Structure
4.0 Objectives
4.1 Introduction
4.2 Subject Matter
4.2.1 Service Tax in India
4.2.2 Services Forming part of Negative List
4.2.3 Value of Taxable Service
4.2.4 Charging Service Tax
4.2.5 Person who has to pay Service Tax
4.2.6 Concept of Value Added Tax (VAT)
4.2.7 e-payment of taxes
4.2.8 e-filling of Income Tax Returns
4.3 Key Terms
4.4 Self Assessment Questions
4.5 Further Readings
4.0 Objectives :
After studying this unit, you should be able to understand -
l the concept of Service Tax
l services forming part of negative list
l how the value of taxable service is determined
l the rate of service tax
l who is liable to pay service tax
l the concept of VAT
l the procedure of online tax payment
l the procedure of filing income tax return.
158
4.1 Introduction :
Taxation is the main source of obtaining funds to the Government. There are
two different views regarding increasing the funds from taxes. One is to raise the
tax rate of current taxes and another is to find out new areas of taxation and to bring
more and more people under the tax net. In the age of LPG it would not be feasible
to increase the tax rate so the Government has chosen the second way that is to
introduce new taxes. So Service Tax was introduced for the first time in India in 1994
under the Finance Act of 1994.
There is another reason to introduce Service Tax in India and that is, increasing
importance of service sector in Indian economy. Share of service sector increased
from 28% of GDP in 1950 to about 70% of GDP in 2010.
159
The following table shows the revenue from service tax, number of services
and number of assessees from 1994-95 to 2012-13.
The approach used for levying tax on services was selective approach. However,
from 1 July 2012 the concept of taxation on services was changed from a ‘Selected
service approach’ to a ‘Negative List regime’. This changed the taxation system of
services from tax on some Selected services to tax being levied on the every
service other than services mentioned in Negative list.
160
4.2.2 Services forming part of Negative List:
The negative list shall comprise of the following services:
(a) services by Government or a local authority excluding the following services to
the extent they are not covered elsewhere— (i) services by the Department of
Posts by way of speed post, express parcel post, life insurance and agency
services provided to a person other than Government; (ii) services in relation
to an aircraft or a vessel, inside or outside the precincts of a port or an airport;
(iii) transport of goods or passengers; or (iv) support services, other than services
covered under clauses (i) to (iii) above, provided to business entities;
(b) services by the Reserve Bank of India;
(c) services by a foreign diplomatic mission located in India;
(d) services relating to agriculture by way of— (i) agricultural operations directly
related to production of any agricultural produce including cultivation, harvesting,
threshing, plant protection or testing; (ii) supply of farm labour; (iii) processes
carried out at an agricultural farm including tending, pruning, cutting, harvesting,
drying, cleaning, trimming, sun drying, fumigating, curing, sorting, grading, cooling
or bulk packaging and such like operations which do not alter the essential
characteristics of agricultural produce but make it only marketable for the primary
market; (iv) renting or leasing of agro machinery or vacant land with or without
a structure incidental to its use; (v) loading, unloading, packing, storage or
warehousing of agricultural produce; (vi) agricultural extension services; (vii)
services by any Agricultural Produce Marketing Committee or Board or services
provided by a commission agent for sale or purchase of agricultural produce;
(e) trading of goods;
((f) any process amounting to manufacture or production of goods;
(g) selling of space or time slots for advertisements other than advertisements
broadcast by radio or television;
(h) service by way of access to a road or a bridge on payment of toll charges;
(i) betting, gambling or lottery;
(j) admission to entertainment events or access to amusement facilities;
(k) transmission or distribution of electricity by an electricity transmission or
distribution utility;
(l) services by way of— (i) pre-school education and education up to higher
secondary school or equivalent; (ii) education as a part of a curriculum for
obtaining a qualification recognised by any law for the time being in force; (iii)
education as a part of an approved vocational education course;
161
(m) services by way of renting of residential dwelling for use as residence;
(n) services by way of— (i) extending deposits, loans or advances in so far as the
consideration is represented by way of interest or discount; (ii) inter sale or
purchase of foreign currency amongst banks or authorised dealers of foreign
exchange or amongst banks and such dealers;
(o) service of transportation of passengers, with or without accompanied belongings,
by— (i) a stage carriage; (ii) railways in a class other than— (A) first class; or
(B) an air-conditioned coach; (iii) metro, monorail or tramway; (iv) inland
waterways; (v) public transport, other than predominantly for tourism purpose,
in a vessel of less than fifteen tonne net; and (vi) metered cabs, radio taxis or
auto rickshaws;
(p) services by way of transportation of goods— (i) by road except the services
of— (A) a goods transportation agency; or (B) a courier agency; (ii) by an
aircraft or a vessel from a place outside India to the first customs station of
landing in India; or (iii) by inland waterways;
(q) funeral, burial, crematorium or mortuary services including transportation of the
deceased.
As per section 67, the valuation of taxable service shall be determined under
the following two situations -
Gross amount charged by the service provider in the bill is the value of taxable
service.
iii) The Secondary and Higher Education Cess (SHEC) @ 1% shall also be
charged on the service tax on all taxable services vide the Finance Act, 2007 with
effect from 11/05/2007.
Thus, the current rate of service tax is 10% of the gross value of service plus
education cess @ 2% of the service tax and SHEC @ 1% of the service tax.
iv)The tax is levied only on those taxable services which are referred to in
various sub-clauses of clause (105) of section 65. There is no tax on free services.
163
b) service as distinct to sale
i) The rate of service tax was 5% on gross value of taxable service, from 01/
07/1994 to 13/05/2003.
ii) The rate of service tax was 8% on gross value of taxable service, from 14/
05/2003 to 09/09/2004.
iii) The rate of service tax was 10% on gross value of taxable service and
education cess was at 2% of the service tax, from 10/09/2004 to 17/04/2006.
iv)The rate of service tax was 12% on gross value of taxable service and
education cess was at 2% on the service tax, from 18/04/2006 to 10/05/2007.
v) The rate of service tax was 12% on gross value of taxable service; education
cess was at 2% on the service tax and SHEC at 1% on the service tax, from 11/
05/2007 to 23/02/2009.
vi)The rate of service tax was 10% on gross value of taxable service; education
cess was at 2% on the service tax and SHEC at 1% on the service tax, from 24/
02/2009 to 31/03/2012.
vii) The rate of service tax was 12% on gross value of taxable service; education
cess was at 2% on the service tax and SHEC at 1% on the service tax, from 01/
04/2012 onwards.
The service tax is required to pay as per the provisions of rule 6 of the Service
Tax Rules, 1994. The general principle is that the person providing a taxable service
is liable to pay service. In certain specific situations, section 68(2) permits the
government to notify person other than the person providing the taxable service to
be liable for payment of service tax. The exceptions to general principle are as
fallows.
164
Sr. No. Services Persons liable for Payment
1 General Insurance Insurance Company
2 Insurance Auxiliary Insurance Company
3 Any service provided from outside Receiver of service in India
India and Received in India
4 Goods Transport Agency (GTA) Person making payments of
freight I.e. receiver of the
service in organized sector or
GTA i.e. provider of service in
other case
5 Sponsorship Services Person sponsoring the event
if he is located in India
6 Business auxiliary services of Mutual fund
distribution of mutual fund
Value Added Tax (VAT) is a broad based tax levied of multiple stage with tax on
inputs credited against taxes on output VAT was firstly introduced in the 1950’s but it
remained confined to handful number of countries till the 1980’s .As many as 30 Countries
have switched over to VAT since 1980 and the total number of countries who have
adopted VAT presently reached to more than 130. India has been slow in adoption of
VAT. In domestic trade taxes, it adopted excise duty at the Central level and sales tax at
State level for this purpose.
The state Government had been indifferent in understanding any reforms in the
sales tax system .The task force known as Kelkar Committee was appointed to study
this issue and it opinioned that it is necessary that state VAT should be the tax to unify
all the state level taxes i.e. Sales Tax, Purchase Tax, Turnover Tax, Work Contract Tax,
Entry Tax, Special Additional Tax etc. should all be covered under State VAT. The efforts
were initiated towards introduction of VAT since last many years.
165
VAT is a Tax, which is charged on the increase in value of goods and services at
each stage of production and circulation. It is also chargeable on the value of all imported
goods. It is charged by registered VAT business/ persons/ Tax payers. VAT has replaced
a number of other taxes and its introduction has not resulted in either increased prices
to final consumers or reduced profitability of business. VAT is levied on the difference
between the sale price of the goods produced on the services rendered and the cost
their of that is the difference between the output and the input.
In other words -
lTax paid by the dealer is deducted from the tax payable collected at every point
of sale and the tax already paid
1. Tax is levied at the stage of the first sale 1. Tax is levied and collected at every point
or at the final stage. of sale.
2. Tax is charged on goods only. 2. Tax is charged on goods & services both.
3. A large numbers of forms are required. 3. At the most a few forms are required.
7. Dealer reselling tax paid goods do not 7. Dealer reselling tax paid goods will have
collected any tax on resale and file nil to collect tax &VAT, file returns and pay
returns. VAT at Every Stage of sale.
8. Sales tax is not levied at the time of 8. VAT dispenses with such forms and sets
purchase against statutory forms but off all tax paid at the amount of tax payable
there is misuse of such forms resulting on sale
in tax evasion.
9. Returns and challans are filed 9. The returns & the Challans are filed
separately and the dealer have to give together in a simple format after self
numerous detail assessment done by the dealer himself.
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4.2.7 e-payment of Taxes (online)
4.2.7.1 Introuction & Advantages of paying tax online:
e- payment and e-filing is new concept introduced by the Income Tax Department.
The procedure of e-payment and e-filing is different. The said concept has been
explained one by one as follows :
This is a facility provided to the taxpayers to make income tax payments through
internet, using net-banking facility.
4.2.7.3 Procedure of e-payment
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To e-payment of taxes :
l Taxpayer can make tax payment from any location without going to Bank
branch.
l Amount of tax debited to his bank account electronically and credited to GOI.
l Log in to website of Income Tax Department : www.incometaxindia.gov.in
l Choose the button‘ pay taxes online’.
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169
After filing the challan :
l The taxpayer chooses his Bank.
l At the bank website he enters his user id, password etc and completes the
transaction.
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At the Bank website :
l Taxpayer should quote his challan identification number (CIN) in his Income
Tax Return.
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4.2.7.4 Banks offering e-payment facility :
1. Axis Bank.
2. State Bank of India.
3. Punjab National Bank.
4. Indian Overseas Bank.
5. Canara Bank.
6. Indian Bank.
7. Bank of India.
8. Corporation Bank.
9. State Bank of Bikaner & Jaipur.
10. State Bank of Travancore.
11. State Bank of Indore.
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12. Vijaya Bank.
13. HDFC Bank.
14. Oriental Bank of Commerce.
15. State Bank of Patiala.
16. Bank of Baroda.
17. IDBI Bank.
18. State Bank of Mysore.
19. Bank of Maharashtra.
20. State Bank of Hyderabad.
21. State Bank of Saurashtra.
22. Union Bank of India.
23. Allahabad Bank.
24. Dena Bank.
25. Syndicate Bank.
26. ICICI Bank.
1. To pay taxes online the taxpayer will select the relevant challan i.e. ITNS
280, ITNS 281, ITNS 282 or ITNS 283, as applicable.
2. Enter its PAN / TAN as applicable. There will be an online check on the
validity of the PAN / TAN entered.
3. If PAN/ TAN is valid the taxpayer will be allowed to fill up other challan
details like accounting head under which payment is made, name and
address of TAN and also select the bank through which payment is to be
made, etc.
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5. The taxpayer will login to the net-banking site with the user id/ passwords
provided by the bank for net-banking purpose and enter payment details at
the bank site.
6. On successful payment a challan counterfoil will be displayed containing
CIN, payment details and bank name through which e-payment has been
made. This counterfoil is proof of payment being made.
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6. What should I do if my bank does not have an online payment facility
or is not an authorized bank for e-tax ?
In case your bank does not have an online payment facility or is not an
authorized bank then you can make electronic payment of tax from the
account of any other person who has an account with the authorized bank
having online facility. However, the challan for making such payment must
clearly indicate your Permanent Account Number (PAN).
7. What is the procedure for entering the required data on the screen
for paying tax online ?
Follow the steps as under to pay tax online :-
Step - 1
(a) Log on to NSDL-TIN website (www.tin-nsdl.com).
(b) Click on the icon e-payment: pay taxes online.
(c) Click on ‘Please Click Here’.
(d) Select the required challan.
Step - 2
After selecting the required challan, you will be directed to the screen for
entering the following data:-
(a) PAN for non-TDS payments and TAN for TDS payments.
(b) Name and address of the taxpayer.
(c) Assessment Year.
(d) Major Head Code.
(e) Minor Head Code.
(f) Type of payment.
(g) Select the bank name from the drop down provided.
In case of challan no. 280, 282 and 283 the Permanent Account Number
(PAN) needs to be entered. In case of challan no. 281 Tax Deduction/
Collection Account Number (TAN) needs to be entered. Please ensure
that you enter PAN/TAN correctly, as this is extremely important for further
processing. The system will check the validity of PAN/TAN. In case PAN/
TAN is not available in the database of the Income Tax Department then
you cannot proceed with the payment of tax.
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Step - 3
After entering all the above detail, click on PROCEED button. TIN system
will display the contents you have entered along with the “Name” appearing
in the ITD database with respect the PAN/TAN entered by you.
Step - 4
You can now verify the details entered by you. In case you have made a
mistake in data entry, click on “EDIT” to correct the same. If all the detail
and name as per ITD is correct, click on “SUBMIT” button. You will be
directed to the net-banking site provided by your bank.
8. What is the procedure after being directed to the net banking site of
the bank ?
TIN system will direct you to net-banking facility of your bank. You will
have to log on to the net banking site of your bank using your login ID and
password/PIN provided by the bank. The particulars entered by you at TIN
website will be displayed again.
You will now be required to enter the amount of tax you intend to pay and
also select your bank account number from where you intend to pay the
tax. After verifying the correctness, you can proceed with confirming the
payment.
10. How can I know that I have completed tax payment using this
facility ?
Apart from CIN given to you, you can check your online bank statement to
verify the tax payment.
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12. What is the timing for making payment through internet ?
You will have to check the net-banking webpage of your bank’s website for
this information.
13. If I encounter any problem while making payment through internet
whom should I contact ?
If any problem encountered at the NSDL website while entering non-
financial data then contact the TIN Call Center at 022-24994650 or write
to us at [email protected].
If any problem encountered while entering the financial details at the net-
banking webpage of your bank, then you should contact your bank for
assistance.
14. Where should I make enquiries about my tax payments through
internet ?
You should contact your bank for queries about your payment transaction
through internet.
15. Whom should I contact if the counterfoil containing the CIN is not
displayed on completion of the transaction and if I want duplicate
counterfoil ?
Your Bank provides facility for re-generation of electronic challan counterfoil
kindly check the Bank website, if not then you should contact your bank
request them for duplicate challan counterfoil.
16. If I have misplaced my counterfoil whom do I contact ?
Your Bank provides facility for re-generation of electronic challan counterfoil
kindly check the Bank website; if not then you should contact your bank
and request them for duplicate challan counterfoil.
17. After making e-payment of direct tax if status of challan is not available
under Challan Status Enquiry on NSDL site, what should I do ?
You can verify the status of the challan in the “Challan Status Inquiry” at
NSDL-TIN website after 5 to 7 days of making e-payment. In case of non
availability of the challan status kindly contact your bank..
18. If I encountered any error on NSDL site while making e-tax payment
what should I do ?
If encountered any error on e-tax website kindly contact TIN call centre at
022-24994650 or write to us at [email protected].
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19. If after entering challan details in NSDL site if Bank Name is not being
displayed what should I do ?
The problem may be encountered because of the following :
Reason 1 : If Assessee enters incorrect TAN / PAN in challan data entry
screen.
Reason 2 : If Assessee using Internet Explorer browser then temporary
internet files should be deleted by following :-
(A) Open Internet Explorer window.
(B) Go to “Tools” Menu.
(C) Select “Internet Options”.
(D) Delete cookies and Delete temporary Internet files on your machine.
(E) Close the current Internet Explorer windows.
(F) Again go to tin-nsdl site & make e-payment.
If still above raised problem not resolved then kindly contact the TIN Call
Center at 022-24994650 or write to us at [email protected]
20. Account get debited more than once for the same e-tax transaction
what should I do ?
If during the transaction or after completing the transaction bank site
encountered any error or get disconnected before generating Taxpayer
counterfoil then instead of doing the same transaction again kindly check
your Account, if account is being debited then contact your bank for
regeneration of taxpayer counterfoil . Please note in the above case donot
make the same transaction again which result in account debited more
than once for same e-tax transaction.
21. How secure is the transmission of data to the website for e- paymenti?
All transmission through NSDL-TIN website is encrypted and is with Secure
Socket Layer (SSL) authentication. With respect to the banks, it depends
on the security measures provided by the bank for net-banking.
22. How does this system of payment of taxes through internet benefit
me as a taxpayer?
This system is beneficial to you as you are not required to personally visit
the bank to make the payments. Payment can be made electronically at
your convenience from any place where an internet facility is available e.g.
your office, residence, etc. Further, you get the Challan Identification
Number (CIN) online, which is required by you when you file your return.
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4.2.8 e-filing of Income Tax Returns
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4.2.8.3 e – filing process
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4.2.8.4 Change in the procedure of e- filing from 2008-09
Type Change
Paper Returns -Two step Procedure After uploading data -instead of filing
paper return assessee to file verification
form called ITR-V
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For Firms, Associations of Persons (AOP), Body of Individuals (BOI),
Local Authority, Companies, Trusts, Fringe Benefit Tax (FBT) Return
For ⇒ Firms,
AOP, BOI Compa- Trusts Only
Sr. Local nies FBT
Authority
No.
ITR-7
Source of Income ⇓ ITR-5 ITR-6 ITR-8
# See Note
l Login and click on relevant form on left panel and select “Submit Return”.
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l On successful upload acknowledgement details would be displayed. Click
on “Print” to generate printout of acknowledgement/ITR-V Form.
l In case the return is digitally signed, on generation of “Acknowledgement”
the Return Filing process gets completed. Assessee may take a printout of
the Acknowledgement for his record.
In case the return is not digitally signed, on successful uploading of e-
Return, the ITR-V Form would be generated which needs to be printed by
the tax payers. This is an acknowledgement cum verification form. The tax
payer has to fill-up the verification part and verify the same. A duly verified
ITR-V form should be submitted with the local Income Tax Office within 15
days of filing electronically. This completes the Return filing process for
non-digitally signed Returns.
Q. 4 : Can I use the same PAN for regular filing returns and E-Filing returns ?
Answer : Yes.
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Q. 5 : What are the steps in brief to upload the tax returns on this website?
Answer : Select appropriate type of Return Form.
l Fill your return offline and generate a XML file.
l Register and create a user id/password .
l Login and click on relevant form on left panel and select “Submit
Return”.
l Browse to select XML file and click on “Upload” button .
l On successful upload acknowledgement details would be displayed.
Click on “Print” to generate printout of acknowledgement/ITR-V Form.
l In case the return is digitally signed, on generation of “Acknowledgement”
the Return Filing process gets completed. Assessee may take a
printout of the Acknowledgement for his record.
In case the return is not digitally signed, on successful uploading of e-
Return, the ITR-V Form would be generated which needs to be printed by
the tax payers. This is an acknowledgement cum verification form. The tax
payer has to fill-up the verification part and verify the same. A duly verified
ITR-V form should be submitted with the local Income Tax Office withing
15 days of filing electronically. This completes the Return filing process for
non-digitally signed Returns.
Q. 2 : Which form of return would be applicable to the persons who are carrying
on proprietorship business and also partnership business ?
Answer : The relevant form would be ITR-4.
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Q. 4 : If an individual has loss from house property, can he use ITR-1?
Answer : No, he has to use form no. ITR-2.
Q. 8 : What would be the status of a person who is having more than one type of
businesses? He would have to prepare a consolidated balance sheet and
profit and loss, to quote figures in the new forms. This would unnecessarily
increase the workload of the assessee who already has to prepare the
financial statements in different format for different purposes i.e MCA-
21,VAT return , bank loan purposes etc.
Answer : Every person carrying on the business or profession has to prepare a
consolidated balance sheet and profit and loss account. This is a legal
requirement under income tax act. The assessee may minimize his efforts
by choosing to file the return electronically.
Q. 9 : ITR-4 requires the assessee to mention the amounts debited to profit and
loss account to the extent disallowable under section 40A(2)(b). Under this
section the amount is disallowed only if the payment made is excessive in
the opinion of the assessing officer. Now the question arises as to how can
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the assessee step into the shoes of the assessing officer and fill this
information.
Answer : The assessee may provide the figures as per his understanding.
Q. 11 : Which return form has to be used by a person who has only exempt share
income from a firm ?
Answer : FORM NO. ITR-3. For the assistance of taxpayer, functionality is in the
web site to select the appropriate type of form.
Q. 13 : If AOP/BOI do not have taxable income, can they use ITR-8 instead of ITR-
5? What about a firm? Can they also use ITR-8 instead of ITR-5i?
Answer : If they are not required to file return of income tax.
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as the space provided for the profit & loss account and balance sheet is for
only one proprietary concern. It is suggested that the separate sheet to be
allowed to be inserted in the same format for the each proprietary concern.
Answer : The taxpayer has to provide consolidated balance sheet / profit and loss
account.
Q. 18 : If a person wants to file the personal balance sheet where can he do so.
Answer : It is not required under the Act. In ITR – 4, the Assessee has to give the of
his proprietory business and not of his personal assets and liabilities.
Q. 22 : How the income from house property is to be shown if the property is partly
self occupied and partly rented.
Answer : It is to be shown on proportionate basis.
Q. 23 : Income from self occupied property has loss after deduction of interest on
borrowing in which column should if be mentioned.
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Answer : It should be mentioned in schedule in HP and set off up of the loss from the
current years income should be carried out in schedule CYLA.
Q. 24 : Many professionals have only one savings account and all professional
income is in the same account. For him there may not be any balance
sheet of his business. What should he fill up in the Balance Sheet part ?
Answer : This is a legal requirement. One has to fill up the details in the balance
sheet which may be worked out from the bank account or from other
records maintained by the Assessee.
Q. 25 : The profit and loss account contained in the forms require the assessee to
furnish complete details of different types of duties paid or payable in
respect of goods and services purchased. In majority of cases this may
not be practically possible.
Answer : It is provided in the instructions that in such situations one can show the
purchases inclusive of duties and taxes.
Q. 26 : The structure of the profit and loss account is such that it suits manufacturing
or trading business only. It does not suit the service providers like hotel,
transport agents, professionals etc. It is likely that the assessees in the
service industry will have to recast or reframe its profit and loss
account. Please clarify as to how service sector requirements could be
factored in.
Answer : The balance sheet and profit and loss account are trade independent.
These are the part of accounting systems. One has to follow these system
which are standardized. Some amount of re-casting/re-framing may be
required.
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Q. 29 : If AOP/BOI do not have taxable income, can they use ITR-8 instead of ITR-
5? What about a firm? Can they also use ITR-8 instead of ITR-5 ?
Answer : It is the requirement of filing the return of income which would decide the
issue and not the amount of taxable income. ITR-8 is to be used if the
taxpayer is not required by the law to file income tax return but has FBT
liability.
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Q. 34 : In case of salaries how to incorporate details of more than one employer.
Answer : In the software facility exists to use dynamic rows to take care of more than
one employer.
Q. 38 : ITR form no. 8, why tax auditor details are required when income tax return
is not required to be filed.
Answer : The audit is a mandatory requirement of the law. What has been relaxed is
only its non submission at the time of filing of return. Therefore, the details
are required as a check against misuse.
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Q. 40 : An assessee earns income from Salary + Interest + Dividend. Dividend is
exempt u/s 10. Which form to be used ? Form 1 or Form 2 ?
Answer : Form no ITR-2. Exemption of income is not the criterion.
Answer : The basic information requires is: PAN, Full Name, DOB, Postal Address,
E-Mail ID and Phone Number.
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Q. 5 : If a person forgets his password of login id then what can he do ? Is there
any procedure to retain the password again?
Answer : It is advised that users retain their passwords securely. Click on the link
“Forgot Password” and enter the mandatory fields along with your userid.
If the information provided matches correctly the user will be allowed to
select a new password.
Answer : No, a company has to create its own userid and password using its PAN.
The company return can be only filed under that userid / password since
the PAN in the return must match that of the PAN associated with the
userid / password.
Answer : To register the name of the company,it must be exactly the same as it
appears in the PAN card or PAN intimation letter. Additionally, the Company
can file using its digital signature. In any other case the paper return with
signature is required and shall be verified against the electronic return to
ensure integrity of data.
Please note that the input to the “Return Preparation Software” will be the
actual data that you fill feed in. The output of this utility will be an XML file.
This is the file that must be uploaded to the e-Filing website.
Q. 14 : Is it necessary that I use the Client Side Utility created by Income tax
Department ? Can I use some other utility ?
Answer : The e-Return Return Preparation Software provided at the Income Tax
Department website are free for anyone to use in order to create the e-
return XML file. End users are also free to use any other utility created by
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other software providers, as long as the XML output conforms to the XML
Schema which has been posted at the E-Filing website. However, these
other software utilities available in the market may require payment for
usage.
Q. 15 : What are the system requirements to download and use the Client Side
Utility ?
Answer : The minimum system requirements needed to download and use the
Return Preparation Software are PC with 128 MB Ram, PIII processor or
equivalent, at least 25 MB free hard disk space, internet connection,
Internet Explorer (version 5 or higher) and Windows Operating system
(Win 2000 or higher version) and Adobe Acrobat Reader 8.1.0.
Q. 18 : What is XML ?
Answer : XML stands for Extensible Markup Language. It is a general purpose
markup language designed especially for Web documents. XML is a way
of describing data and it allows designers to create their own customized
tags, enabling the definition, transmission, validation, and interpretation of
data between applications and between organizations. Any Client Side
Utility which creates an e-return XML will be a file with an extention .xml.
This is the file that must be uploaded to the E-Filing website.
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Q. 19 : What is a Schema ?
Answer : A schema refers to the collection of database objects associated with a
particular database. Any user who files e-return will have created an xml
file based on the schema. A simple analogy would be that the schema
represents a letter template where the user enters the addressee details,
name, salutation, body text etc which then completes the document which
is the equivalent of an xml file. The template ensures uniformity and
standardization of the format of the letter in the same way that the schema
provides a structure to the xml file.
Q. 20 : Can the schema be changed? What is the impact of any change in the
schema?
Answer : Only the new schema should be used while creating the xml file. However,
the changes do not in any way impact the returns already filed through the
website, which continue to be valid. However, returns that would be filed
henceforth will need to conform to the new schema.
Q. 21 : What does Uploading mean? How can a person upload his return on
website and in which format?
Answer : The XML file format of the return prepared using software utilities has to
be submitted to the Income tax Department E-Filing website so that it can
be processed for the e-returns. This process is referred to as uploading.
Q. 22 : How do I get a confirmation that my tax return has been filed successfully?
Answer : After the e-return file has been uploaded successfully onto the Income tax
Department server, a receipt is displayed with an acknowledgment number.
The acknowledgment number is confirmation of the successful submission
of your e-returns.
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Answer : The receipt containing the acknowledgement number is the only valid proof
of electronic submission of the return. A physical return without a provisional
acknowledgement number cannot be accepted for further processing and
would be returned.
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no penalty is leviable and there is no necessity of any disclosure. The paper
return and the electronic return would be matched to ensure data integrity.
The assessee has to either attach a digital signature or file the paper return
with the signature and verification. Any false declaration would invite relevant
proceedings under the Income Tax Act.
Q. 28 : The Procedure for E-Filing has not been prominently displayed in the web
site. Taxpayers are still groping in the dark as to whether the returns have
to be filed manually or electronically.
Answer : The Income Tax Department has provided detailed help document of the
E-Filing process. Comprehensive Frequently Asked Questions list has
also been provided.
Answer : Revised returns have to filed in the same way as original returns. The
Acknowledgement number of the Original return can be entered.
Q. 32 : Is there any time limit for submitting Form ITR-V (ITR Verification Form),
when the return is filed electronically without digital signature, to the Income-
tax Department?
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Answer : Yes, verified ITR-V form is to be submitted in the Income Tax Office with in
15 days of e-filing.
Q. 35 : Within what period the verification of the return in form ITR-V is required
to be submitted. Whether above form is required to be submitted to the
jurisdictional assessing officer necessarily or it may be submitted to any
income tax office in India in view of on line net working. The date of
transmitting the data electronically or dispatch of ITR – V (by Fax/ Courier/
post) or receipt of above form by income tax office shall be considered for
the purpose of considering the date of filling the return. What are the
consequence of non filing /late filing / non receipt of form ITR – V by
Income Tax Dept.
Answer : These issues have clarified by the Board in its Circular no. 5/2007 dated 26-
07-2007. The ITR-V form is to be submitted with in 15 days of electronic
transmission to the income tax department. If so, the date of e- filing shall
be the date of filing of return. Else, the date of filing of return shall be
taken to be date of submission of ITR-V FORM. Board has issued
instructions to field formations to receive ITR-V forms centrally.
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a digitally signed message can verify that the message originated from the
person whose signature is attached to the document and that the message
has not been altered either intentionally or accidentally since it was signed.
Also, the signer of a document cannot later disown it by claiming that the
signature was forged. In other words, digital signatures enable the
“authentication” and “non-repudiation” of digital messages, assuring the
recipient of a digital message of both the identity of the sender and the
integrity of the message.
A digital signature is issued by a Certification Authority (CA) and is signed
with the CA’s private key. A digital signature typically contains the: Owner’s
public key, the Owner’s name, Expiration date of the public key, the Name
of the issuer (the CA that issued the Digital ID), Serial number of the digital
signature, and the digital signature of the issuer. Digital signatures deploy
the Public Key Infrastructure (PKI) technology.
If you file electronically using digital signature you do not have to submit
a physical copy of the return. Even if you do not have a digital signature,
you can still e-File the returns. However, you must also physically submit
the printed copy of the filled up Form along with the copy of the Provisional
Acknowledgement Number of your e-Return
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Answer : The Digital Signature certificates are typically issued with one year validity
and two year validity. It includes the cost of medium (a UBS token which
is a one time cost), the cost of issuance of Digital Signature and the
renewal cost after the period of validity. The issuance costs in respect of
each Certification Agency vary and are market driven.
Q. 6 : The Web site accepts Digital signature certificates in the formats: .pfx/
.p12. Other formats like .cer are not being accepted. Thus Persons who
use USB tokens for securing their signature certificates are unable to use
them for E-Filing.
Answer : Digital Signature Certificates in USB tokens are also accepted.
Q. 7 : It is not clear what class of Digital signature certificates should be used:
Class 1/2/3
Answer : Digital Signature certificate should be of Class 2 or 3 only. It should also
be ensured that the Digital certificate should be obtained only from among
Certifying Authorities in India.
Q. 8 : It is also not clear as to whose Digital signature certificate should be used:
Director (as in the case of MCA) / Company (as in the case of DGFT).
Answer : In case the electronic return is being signed digitally using a digital certificate,
then the digital certificate should be that of the Authorized Signatory in
accordance with the provisions of Section 140 of the IT Act. Therefore, for
company returns, the digital certificate should be that of the Managing
Director or the Director of the company.
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Q. 3 : Are details of tax payments as given in Schedules 19 to 23 required?
Answer : Yes, the details such as Challan Identification Number ( BSR Code, Serial
Number) etc required in Schedules 19 to 23, in case applicable, must be
accurately and completely filled. If the details are incomplete or inaccurately
credit for taxes may not be given and processing may get delayed.
Q. 4 : In case of refunds, the information desired is MICR, bank a/c number and
type. The assessee is not required to mention the name of the bank.
However, this may be necessary to ensure that the refund is not credited
to a wrong account due to quoting of incorrect MICR code.
Answer : As per prevalent standard Banking practice. It is MICR code and the Bank
er which uniquely determines the destination account. In case of wrong
quoting of MICR code, the refund shall fail but would not be credited to the
wrong account.
Q. 5 : MS- Excel format should also be provided for the convenience of the
assessees.
Answer : For Form nos. 5 & 6, excel utility for preparation of return shall be provided.
Q. 6 : Can all ITR forms be filed electronically? What are the forms which can be
filed physically?.
Answer : Yes.
Q. 7 : Is it mandatory for all firms to file return electronically?.
Answer : No. Only those Firms, who have to get their accounts audited under 44AB,
are required to compulsorily file e- return.
Q. 8 : What are the ways in which return forms can be filed electronically?
Answer : This procedure is explained in detail at the web site. Please log on to http:/
/incometaxindiaefiling.gov.in.
Q. 9 : MS- Excel format should also be provided for the convenience of the
assessees.
Answer : ITR- 4, ITR-5, ITR-6 and ITR-8 would be in excel format.
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4.3 Key Terms :
l Service Tax - Service Tax is a tax levied on notified services provided or to be
provided in India, except in the State of Jammu and Kashmir.
l VAT - VAT is a Tax, which is charged on the increase in value of goods and services
at each stage of production and circulation.
l e-payment of taxes - This is a facility provided to tax payers to make income tax
payments through internet, using net-banking facility.
l e-filing of returns - The process of electronically filing income tax returns through
the internet is known as e-filing.
4.4 Self Assessment Questions :
1) Objective Type: Chose the correct alternative:
i) Service Tax was introduced in India in the year:
a) 1991 b) 2000 c) 1994 d)2004
ii) Service tax was introduced first time on:
a) 3 services b) 6 services c) 4 services d) 5 services
iii) Service tax is a charge on:
a) Taxable service provided
b) Taxable service to be provided
c) Taxable service provided or to be provided
d) Any service provided or to be provided
iv) The provisions relating to valuation of taxable services are included:
a) In section 65 of the Finance Act, 1994
b) In section 67 of the Finance Act, 1994
c) In section 65A of the Finance Act,1994
d) None of the above
2) Short Answer Questions:
a. What is Service Tax?
b. How the value of taxable service is determined?
c. How the service tax is charged?
d. Who has to pay the service tax?
e. Explain the concept of VAT.
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f. Give the difference between Sales Tax and VAT.
g. Give the list of services comes under Negative list.
h. Explain e-payment of taxes.
i. Explain e-filing of income tax returns.
4.5 Further Readings:
1. Dr. Ahuja Girish, Dr. Gupta Ravi: Systematic Approach to Income Tax, Service
Tax and VAT, Bharat Law House Pvt. Ltd., New Delhi.
2. Manoharan T.N., Hari N.V.: Students Handbook on Income Tax, VAT and Service
Tax, Snow White Pub., Mumbai.
3. Dr. Patil J.F., Dr. Patil V.S. (Ed.) : Service Tax, Shivaji University, Kolhapur.
4. Singhania, Vinod K. & Singhania, Monika: Taxmann Students Guide to Income Tax
including Service Tax/VAT, Taxmann Publications, New Delhi
5. www.servicetax.gov.in
6. www.incometaxindia.gov.in
7. www.nsdl.com.
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