substituted tax audit forms and its implications · 2019-01-01 · revised form is made applicable....

Substituted Tax Audit Forms andSubstituted Tax Audit Forms and

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Its implications Its implications

CA Prakash B Thakkar

Prakash Thakkar & Co.

Chartered Accountants

Baroda

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Changes in Form 3CA/3CB/3CD

CBDT Notification No. 33 dated 25th July 2014.

• Last change in form 3CD – Notification No. 36/2009 dated

13-04-09 – Clause 17A inserted.

• CBDT has substituted Form 3CA, 3CB and 3CD.

• This form is made effective from 25th July 2014.

• Even for earlier previous year(s) (prior to AY 2014-15) also

revised form is made applicable.

• Practical Difficulties – Where audit is already completed but • Practical Difficulties – Where audit is already completed but

report is not uploaded, report will be required to be prepared

under new format. E.g. Listed Companies, PSUs, Banks,

Insurance companies etc.

The existing Form No. 3CA, Form No. 3CB and Form No. 3CD have been

substituted vide Notification No.33 dated 25/07/2014 with immediate effect.

Taxpayers and CAs are advised to await the release of the new schema and

utility to submit in the newly notified aforementioned Forms. Taxpayers and

CAs are advised that any upload using the old Forms will not be valid even for

previous AYs in view of the notification of CBDT. The new schema and

updated utility for e-Filing of the same will be deployed shortly.2

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Substituted Form 3CA Vide CBDT Notification No. 33 dated 25th July 2014

FORM NO. 3CA [See rule 6G(1)(a)]

Audit report under section 44AB of the Income - tax Act, 1961, in a case where the accounts of the business or profession of a person

have been audited under any other law *I / we report that the statutory audit of M/s. _________________ ( Name and address of the asseessee with Permanent Account Number) was conducted by *me / us / M/s.____________________________________in pursuance of the provisions of the___________________________Act, and*I/we annex hereto a copy of *my / our / their audit report dated _______________________along with a copy of each of :- (a) the audited *profit and loss account / income and expenditure account for the year ended on 31st March period beginning from ----------------------to ending on -----------------------------. (b) the audited balance sheet as at, 31st March_____; and (c) documents declared by the said Act to be part of, or annexed to, the *profit and loss account / income and expenditure account and balance sheet. 2. The statement of particulars required to be furnished under section 44AB is annexed herewith in Form No. 3CD.

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3. In *my/our opinion and to the best of *my/our information and according to examination of books of account including other relevant documents and explanations given to *me / us, the particulars given in the said Form No.3 CD and the annexure thereto are true and correct subject to the following observations/qualifications, if any: a. b. c. ……………................................................... **(Signature and stamp/Seal of the signatory) Place : ______________ Name of the signatory ……………………… Date : ______________ Full address …………………………………. Notes : 1. * Delete whichever is not applicable 2. This report has to be signed by - (i) a Chartered Accountant within the meaning of the Chartered Accountants Act, 1949 (38 of 1949) (ii) any person who in relation to any State, is by virtue of the provisions of sub-section (2) of section 226 of the Companies Act, 1956 (1 of 1956) entitled to be appointed to act as an auditor of companies registered in that state; or (iii) any person who is by virtue of any other law, entitled to audit the accounts of the assessee for the relevant previous year. 2. **This report has to be signed by a person eligible to sign the report as per the provisions of section 44AB of the Income-tax Act, 1961. 3. Where any of the requirements in this Form is answered in the negative or with qualification, give reasons therefore. 4. The person who signs this audit report shall indicate reference of his membership number / certificate of practice / authority under which he is entitled to sign this report.

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Form 3CA

Observations

a) For Profit & Loss A/c. or for Income &Expenditure

A/c. now period is to be mentioned. This assumes

importance where accounts are for less than 12

months.

b) In the opinion part now the opinion is to be formed b) In the opinion part now the opinion is to be formed

with reference to examination of books of account

including other relevant documents

c) Further now observations/qualification is to be

enumerated .

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Substituted Form 3CB

Vide CBDT Notification No. 33 dated 25th July 2014

FORM NO. 3CB [See rule 6G(1)(b)]

Audit report under section 44AB of the Income - tax Act 1961, in the case of a person referred to in clause (b) of sub - rule (1) of rule 6G

1. *I / we have examined the balance sheet as at on, ____, and the *profit and loss account / income and expenditure account for the period beginning from ----------------------to ending on -----------------., attached herewith, of ______________________________( Name ), _______________(Address), ____________ (Permanent Account Number). 2. *I / we certify that the balance sheet and the *profit and loss / income and expenditure account are in agreement with the books of account maintained at the head office at _____________ and ** ___________ branches. 3.(a) *I / we report the following observations / comments / discrepancies / inconsistencies; if any: (b) Subject to above, - (A) *I / we have obtained all the information and explanations which, to the best of *my / our knowledge and belief, were necessary for the purpose of the audit. (B) In *my / our opinion, proper books of account have been kept by the head office and branches of the assessee so far as appears from*my / our examination of the books. (C) In *my / our opinion and to the best of *my / our information and according to the explanations given to *me

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(C) In *my / our opinion and to the best of *my / our information and according to the explanations given to *me / us, the said accounts, read with notes thereon, if any, give a true and fair view :- (i) in the case of the balance sheet, of the state of the affairs of the assessee as at 31st March, ;and (ii) in the case of the *profit and loss account / income and expenditure account of the *profit /loss or *surplus / deficit of the assessee for the year ended on that date. 4. The statement of particulars required to be furnished under section 44AB is annexed herewith in Form No.3CD. 5. In *my/our opinion and to the best of *my / our information and according to explanations given to *me / us, the particulars given in the said Form No.3 CD are true and correct subject to following observations/ qualifications, if any: a. b. c. ……………................................................... ***(Signature and stamp/seal of the signatory) Place : ______________ Name of the signatory ……………………… Date : ______________ Full address …………………………………. Notes : 1. *Delete whichever is not applicable. 2. **Mention the total number of branches. 3. ***This report is to be signed by (i) a chartered accountant within the meaning of the Chartered Accountants Act, 1949 (38 of 1949); or (ii) any person who, in relation to any State, is, by virtue of the provisions of sub-section(2) of section 226 of the Companies Act, 1956, (1 of 1956), entitled to be appointed to act as an auditor of the companies registered in that state. 3. ***This report has to be signed by person eligible to sign the report as per the provisions of section 44AB of the Income-tax Act, 1961. 4. The person, who signs this audit report, shall indicate reference of his membership number / certificate of practice number / authority under which he is entitled to sign this report.

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Form 3CB

Observations

a) For Profit & Loss A/c. or for Income &Expenditure

A/c. now period is to be mentioned. This assumes

importance where accounts are for more/less than 12

months.

b) Unlike form 3CA, In the opinion part reference to b) Unlike form 3CA, In the opinion part reference to

examination of books of account including other

relevant documents are not found.

c) Further now observations/qualifications are to be

enumerated .

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Section 44AB Events triggering Tax Audit U/s. 44AB

• Section 44AB

a) Business having turnover exceeding Rs. 1.00 Crore

b) Profession having receipts exceeding Rs. 25.00

Lacs

c) Having Business profits lower than prescribed u/s.

44AE (business of plying, hiring or leasing goods 44AE (business of plying, hiring or leasing goods

carriages, Rs.7500 per vehicle/month (For AY

2014- 15 Rs. 5000 per HGV/Month and Rs. 4500

per non-HGV/Month), Sec. 44BB (supplying plant

and machinery on hire used in the prospecting for,

or extraction or production of mineral oils, 10%) or

Sec 44BBB (foreign companies engaged in the

business of civil construction, etc., in certain

turnkey power projects, 10%)

d) Having business profits lower than 8% u/s 44AD 7

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Newly inserted Clause 4 – Registration Particulars

under Indirect Tax Laws

Whether the assessee is liable to pay indirect tax like

excise duty, service tax, sales tax, customs duty, etc. if

yes, please furnish the registration number or any other yes, please furnish the registration number or any other

identification number allotted for the same

Issues

What does the term liable represents?

What if liable but not registered.

Suggestion : The tax auditor should obtain such list from

his client alongwith copy of Registration Certificates.8

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Old Clause 5 Vs New clause 6

‘Now period of previous year is to be specified

Old Clause 5 New Clause 6

Previous year ended Previous year : From ………

To ………

‘Now period of previous year is to be specified

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Newly inserted Clause 8 – Applicable clause under

which Tax Audit is conducted

Indicate the relevant clause of section 44AB under

which the audit has been conducted

Indicate under which relevant clause from clause a) to d)

Clause a) – Business having turnover exceeding Rs. 1.00 Crore

Clause b) – Professional having receipts exceeding Rs. 25.00 Lacs

Clause c) – Assessees delcaring lesser profit than specifited under

presumptive taxation vide 44AE, 44BB or 44BBB

Clause d) – Assessee declaring lesser profit than specified under

presumption taxation u/s 44AD

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Old Clause 9 vs New Clause 11.

9(a) Whether books of account are

prescribed under section 44AA, if

yes, list of books so prescribed.

11. (a) Whether books of account

are prescribed under section 44AA,

if yes, list of books so prescribed.

(b) Books of account maintained. (In

case books of account are maintained

in a computer system, mention the

books of account generated by such

computer

system.)

(b) List of books of account

maintained and the address at which

the books of accounts are kept.

(In case books of account are

maintained in a computer system,

mention the books of account

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system.) mention the books of account

generated by such computer system. If

the books of accounts are not kept at

one location, please furnish the

addresses of locations along with the

details of books of accounts

maintained at each location.)

(c) List of books of account examined. (c) List of books of account and

nature of relevant documents

examined.

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Comment – New Clause 11

Mention a list of books of account maintained; also

mention the address at which the books of accounts are

kept. Further if books of accounts are not kept at one

location, we need to furnish the addresses of locations

along with the details of books maintained at each

location.

Mention nature of relevant documents examined.

Definition of Books or Books of Account : Section

2(12A) ‘books’ or ‘books accounts’ includes ledgers, day

books, cash books, account books and other books

whether kept in a written form or as print outs of data

stored in a floppy, disc, tape or any other form of electro-

magnetic data storage device.12

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Issues– New Clause 11

What does the location mean?

The location from which data entry is made or

where the accounts are accessible.

What does the word “kept” mean in the context

of ERP/SAP?

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Old Clause10 Vs New clause 12


Whether the profit and loss

account includes any profits and

gains assessable on presumptive

basis, if yes, indicate the amount

and the relevant sections (44AD,

44AE, 44AF, 44B, 44BB, 44BBA,

44BBB or any other relevant

Whether the profit and loss account

includes any profits and gains

assessable on presumptive basis, if

yes, indicate the amount and the

relevant sections (44AD, 44AE,

44AF, 44B, 44BB, 44BBA, 44BBB,

Chapter XII-G, First Schedule or

‘Chapter XII-G – Pertains to Special Provisions Relating to Income of

Shipping Companies on presumptive basis of daily tonnage income.

First Schedule – Pertains to Insurance Business.

Section 44AF – though inoperative from AY 11-12 still kept in new format

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44BBB or any other relevant

section).

Chapter XII-G, First Schedule or

any other relevant section).

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New Clause 17 - Section 43CA and Section 50C

Where any land or building or both is transferred

during the previous year for a consideration less than

value adopted or assessed or assessable by any

authority of a State Government referred to in section

43CA or 50C, please furnish:

a) Details of property

b) Consideration received or accrued.b) Consideration received or accrued.

c) Value adopted or assessed or assessable.

As per Section 43CA(1), if the consideration for the transfer of an asset (other

than a capital asset) being land, building or both, is less than the value in relation

to the stamp duty in respect of such transfer, such value shall be deemed to be

the full value of consideration for the purpose of computing profits and gains from

transfer of such asset.

As per Section 50C.(1) If the consideration for the transfer of a capital asset,

being land or building or both, is less than the value in relation to the stamp duty

in respect of such transfer, the value so adopted or assessed shall, be deemed to

be the full value of the consideration for the purpose of computing profits and

gains from the transfer of such asset.15

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Old Clause15 V/S New Clause 19Old Clause 15 New Clause 19 Change

Amounts admissible under sections –a) 33ABb) 33ABAc) 33AC (wherever applicable)d) 35e) 35ABBf) 35ACg) 35CCAh) 35CCBi) 35Dj) 35DD

Amounts admissible under sections –a) 32ACb) 33ABc) 33ABAd) 35(1)(i)e) 35(1)(ii)f) 35(1)(iia)g) 35(1)(iii)h) 35(1)(iv)i) 35(2AA)j) 35(2AB)

Omissiona) 33AC Omitted – Reserve for

Shipping businessAdditiona) 32AC - Investment All.b) 35(1)(i)- Scientific Research

Exps. - Selfc) 35(1)(ii) – Sc. Research

through Assoc. University..d) 35(1)(iia) Contribution to an

approved sc. Research Company

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j) 35DDk) 35DDAl) 35E:-(a) debited to the profit and loss

account (showing the amount debited and deduction allowable under each section separately);

(b) not debited to the profit and loss account.

j) 35(2AB)k) 35ABBl) 35ACm) 35ADn) 35CCAo) 35CCBp) 35CCCq) 35CCDr) 35Ds) 35DDt) 35DDAu) 35E

Companye) 35(1)(iii) – Social/Statistical

Research through university

f) 35(1)(iv) Capital Exp. On Scientific Research.

g) 35(2AA) Amt paid to National Lab/Univ/IIT

h) 35(2AB) Recognised in house R&D Center

i) 35AD – Expenditure on Specified Business

j) 35CCC – Exp. On Agri. Extensions project

k) 35CCD – Exp on Skill Dev. Project

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Old Clause16(b) V/s New clause 20(b)

Old Clause 16(b) New Clause 20(b)

Any sum received from

employees towards

contributions to any provident

fund or superannuation fund or

any other fund mentioned in

section 2(24)(x); and due date

Detail of contributions received

from employees for various

funds as referred to in section

36(1)(va).

No Change as such – By omission of Section 2(24)(x) as

Section 36(1)(va) refers funds mentioned in Section 2(24)(x) i.e

PF/Superannuation/ESI/ other Employees Welfare Fund17

for payment and the actual

date of payment to the

concerned authorities under

section 36(1)(va).

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Old Clause 17(a) to 17(e) V/s New clause 21(a)

Old clause 17 New Clause 21(a)

Amounts debited to the Profit and Loss

Account being

(a) Expenditure of capital nature

(b) Expenditure of Personal Nature

(c) Expenditure on Advertisement in any

Souvenir, brochure, tract, pamphlet or

the like, published by a political party.

(d) Expenditure incurred at Clubs

(i) As entrance fees and subscriptions

Please furnish the details of amounts

debited to the profit and loss account,

being in the nature of capital, personal,

advertisement expenditure etc.

Nature Sr. No Particulars

Amt. Rs.

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(i) As entrance fees and subscriptions

(ii) As cost for club services and

facilities used.

(e)(i) Expenditure by way of penalty or

fine for violation of any law for the

time being in force

(ii) any other penalty or fine

(iii) expenditure incurred for any

purpose which is an offence or which

is prohibited by law.

Expenditure incurred at clubs being cost

for club services and facilities used

Expenditure by way of penalty or fine or

violation of any law for the time being in

force

Expenditure by way of any other penalty

or fine not covered above

Expenditure incurred for any purpose

which is an offence or which is prohibited

by law

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Issues - clause 21(a)

1. Whether all advertisement expenses are to be

reported?

2. Expenditure incurred at club as entrance fee and

subscription is removed – Implication ???

In my opinion - Payment to clubs would not include

organization such as Rotary, Lions, Jaycees, and organization such as Rotary, Lions, Jaycees, and

Giants etc., they being service organization, not

considered to be club.

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Old Clause 17(f) V/s New clause 21(b)Old Clause (f) New Clause 21(b)

amounts

inadmissible

under section

40(a);

Amounts inadmissible under section 40(a):-

(i) As payment to non-resident referred to in sub-clause (i)

A. Detail of payment on which tax is not deducted:

I. Date of payment

II. Amount of payment

III. Nature of payment

IV. Name and address of the payee

B. Detail of payment on which tax has been deducted but has not been paid

during the previous year or in the subsequent year before the expiry of time

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during the previous year or in the subsequent year before the expiry of time

prescribed under section 200(1)

I. Date of payment

II. Amount of payment

III. Nature of payment

IV. Name and address of the payee

V. Amount of tax deducted

(ii) as payment referred to in sub-clause (ia)

(A) Details of payment on which tax is not deducted:

(I) date of payment

(II) amount of payment

(III) nature of payment

(IV) name and address of the payee

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Old Clause 17(f) V/s New clause 21(b)

Old Clause (f) New Clause 21(b)

(B) Details of payment on which tax has been deducted but has not been

paid on or before the due date specified in sub- section (1) of section

139.

(I) date of payment

(II) amount of payment

(III) nature of payment

(IV) name and address of the payer

(V) amount of tax deducted

(VI) amount out of (V) deposited, if any

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(VI) amount out of (V) deposited, if any

(iii) under sub-clause (ic) [Wherever applicable]

(iv) under sub-clause (iia)

(v) under sub-clause (iib)

(vi) under sub-clause (iii)

(A) date of payment

(B) amount of payment

(C) name and address of the payee

(vii) under sub-clause (iv)

(viiii) under sub-clause (v)

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Old clause 17(f) vs new clause 21(b) Sec 40(a)

(i) Sec 40(a)(i) - Any Interest, Royalty of FTS or any

other sum chargeable to tax under this act to which is

payable,— (A) outside India; or (B) in India to a

non-resident, not being a company or to a foreign

company on which tax is deductible at source under

Chapter XVII-B and such tax has not been deducted Chapter XVII-B and such tax has not been deducted

or, after deduction, has not been paid during the

previous year, or in the subsequent year before the

expiry of the time prescribed under sub-section (1) of

section 200:

Please note that vide Finance (No. 2) Act, 2014, the

time prescribed under 200(1) has been extended upto

due date specified u/s. 139(1) of the Act wef 1-4-15.

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(ii) 40(a)(ia) any interest, commission or

brokerage, rent, royalty, fees for professional

services or fees for technical services payable to a

resident, or amounts payable to a contractor or

sub-contractor, being resident, for carrying out sub-contractor, being resident, for carrying out

any work including supply of labour for carrying

out any work, on which tax is deductible at

source under Chapter XVII-B and such tax has

not been deducted or, after deduction, has not

been paid on or before the due date specified in

sub-section (1) of Section 139

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(iii)40(a)(ic) any sum paid on account of fringe

benefit tax under Chapter XIIH,

(iv) 40(a)(iia) any sum paid on account of wealth-

tax.

(v) 40(a)(iib) Sum levied by State Govt. by way of

royalty, license fee, Service fee, privilege fee, service royalty, license fee, Service fee, privilege fee, service

charge etc. to its state undertaking the same are not

entitled for deduction in the hands of State govt.

undertaking. (vi) 40(a)(iii) provides for disallowance for salary

expenditure where tax have not been paid or

deducted where salaries is payable (a) outside India;

or (b) to a non-resident.

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(vii) 40(a)(iv) any payment to a provident or other

fund established for the benefit of employees of

the assessee, unless the assessee has made

effective arrangements to secure that tax shall be

deducted at source from any payments made from

the fund which are chargeable to tax under the the fund which are chargeable to tax under the

head "Salaries";

(viii) 40(a)(v) any tax actually paid by an

employer referred to in clause (10CC) of Section

10; (Non Monetary perquisite)

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Old Clause 17(f) vs. New Clause 21(b) Section 40(a)

Earlier also we were suppose to report all

these matters, in new substituted form it is

now specifically provided enumerating all

applicable sub clauses and reporting format.

Now clause wise separate reporting in a given

format is called for.format is called for.

Cross reference your inputs in this clause with

inputs of clause 34.

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Old Clause 17(h) V/s New clause 21(d)

Old Clause 17(h) New Clause 21(d)

(A) whether a certificate has

been obtained from the assessee

regarding payments relating to any

expenditure covered under section

40A(3) that the payments were made

by account payee cheques drawn on

a bank or account payee bank draft,

as the case may be; Yes / No

Disallowance/deemed income under section

40A(3)

(A) On the basis of the examination of books

of account and other relevant

documents/evidence, whether the

expenditure covered under section 40A(3)

read with rule 6DD were made by account

payee cheque drawn on a bank or account

payee bank draft. If not, please furnish the

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payee bank draft. If not, please furnish the

details:

(B) amount inadmissible under

section 40A(3), read with rule 6DD

[with break-up of inadmissible

amounts;

(B)On the basis of the examination of books

of account and other relevant documents/

evidence, whether the payment referred to in

section 40A(3A) read with rule 6DD were

made by account payee cheque drawn on a

bank or account payee bank draft. If not,

please furnish the details of amount deemed

to be the profits and gains of business or

profession under section 40A(3A);

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Clause 21(d) Section 40A(3)/40A(3A)

Earlier – Only certificate was to be obtained, from the assessee,

stating whether there is any transaction covered by 40A(3)

exist not.

Now – Reporting of disallowance/deemed income is required

to the extent it is possible from the examination of books of

account and other relevant documents/ evidences whether any

expenditure is made by other than account payee cheque/bank expenditure is made by other than account payee cheque/bank

draft.

Similar reporting is required in respect of Section 40A(3A)

Issues –

1) Whether a bank statement indicating cash payment/ bearer

cheque payment, needs reporting by an Auditor.

2) Section 40A(3A) reporting requires to verify books of

earlier year also.

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Old Clause 19 V/s New clause 24


Amounts deemed to be profits and

gains under section 33AB or

33ABA or 33AC

Amounts deemed to be profits and

gains under section 32AC, 33AB

or 33ABA or 33AC.

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Sec 32AC – Investment Allowance – Deemed income if P&M

sold within 5 years from date of installation on which

Investment Allowance is claimed.

33AB – Tea Development Account

33ABA – Site Restoration Fund

33AC – Reserve for Shipping Business

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New Clause 28

Whether during the previous year the assessee has received

any property, being share of a company not being a

company in which the public are substantially interested

without consideration or for inadequate consideration as

referred to in section 56(2)(viia), if yes, please furnish the

details of the same.

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Suppose M has sold shares of a closely held company to M/s

XYZ for Rs.20 lakhs. FMV thereof as per prescribed method is

Rs. 22 lakhs. The difference is Rs. 2 lakhs being in excess of

Rs. 50,000 M/s. XYZ would be chargeable to tax on Rs. 2

lakhs.

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New Clause 29

Whether during the previous year the assessee received any

consideration for issue of shares which exceeds the fair

market value of the shares as referred to in section

56(2)(viib), if yes, please furnish the details of the same.

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Section 56(2)(viib) provides that where a closely held

company issues shares to a resident, for an amount received

in excess of the fair market value of the shares, then the said

excess portion will be regarded as income of the Company

and charged to tax under the head ‘Income from other

sources.

Section applicable when issue above face value. Clause is

talking about FMV.

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Old Clause 24(c) V/s New Clause 31(c) Loans & Adv

Old Clause 24(c) New Clause 31(c)

Whether a certificate has been obtained

from the assessee regarding taking or

accepting loan or deposit, or repayment

of the same through an account payee

cheque or an account payee bank draft.

Yes/ No

Whether the taking or accepting loan

or deposit, or repayment of the same

were made by account payee cheque

drawn on a bank or account payee

bank draft based on the examination

of books of account and other relevant

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Yes/ No

The particulars (i) to (iv) at (b) and the

Certificate at (c) above need not be

given in the case of a repayment of any

loan or deposit taken or accepted from

Government, Government company,

banking company or a corporation

established by a Central, State or

Provincial Act

of books of account and other relevant

documents

The particulars (i) to (iv) at (b) and

comment at (c) above need not be

given in the case of a repayment of

any loan or deposit taken or accepted

from Government, Government

company, banking company or a

corporation established by a Central,

State or Provincial Act;www.taxguru.in

Old Clause 24(c) New Clause 31(c)Loans & Adv.

Auditor to examine books of accounts and other relevant

documents and report to the extent possible, certificate

from assessee is not enough.

Acceptance or repayment of any loan or deposit by use of

electronic clearing system through a bank account is

permissible as per the amendment to section 269SS/269T

vide The Finance (No. 2) Act, 2014 w.e.f. 01-04-2015.

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New Clause 32(c) – Speculation loss U/s. 73

32(c) Whether the assessee has incurred any

speculation loss referred to in section 73 during

the previous year, If yes, please furnish the

details of the same.

Details of Speculative losses U/s 73 and carry

forward and set off of losses is to be reported.

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New Clause 32(d) – Loss U/s. 73A

32(d) whether the assessee has incurred any loss

referred to in section 73A in respect of any

specified business during the previous year, if

yes, please furnish details of the same.

Auditor to report whether any loss computed in respect ofAuditor to report whether any loss computed in respect of

any specified business referred to in section 35AD, if any or

any other specified businesses.

Section 73A(1) reads as “Any loss, computed in respect of

any specified business referred to in section 35AD shall not

be set off except against profits and gains, if any, of any other

specified business.”

35

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New Clause 32(e) – Loss of deemed speculative

business by company under explanation to Sec. 73

32(e) In case of a company, please state that

whether the company is deemed to be carrying

on a speculation business as referred in

explanation to section 73, if yes, please furnish

the details of speculation loss if any incurred the details of speculation loss if any incurred

during the previous year.

The explanation to Section 73 deems that the

companies which are into the business of purchase and

sales of shares, even if delivery based, are treated to be

carrying on speculative business.36

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Old Clause 26 V/s New Clause 33


Section-wise details of

deductions, if any, admissible

under Chapter VIA.

Section-wise details of

deductions, if any, admissible

under Chapter VIA or

Chapter III

(Section 10A, Section

37

(Section 10A, Section

10AA).

Now deduction under Chapter III is also to be reported particularly :-

Sec. 10A – Newly established undertakings under FTZ etc.

Sec.10AA–Newly established undertakings in SEZs.

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(a) Whether the assessee has complied

with the provisions of Chapter XVII-B

regarding deduction of tax at source and

regarding the payment thereof to the credit

of the Central Government. (Yes No)

(a). Whether the assessee is

required to deduct or collect tax as

per the provisions of Chapter

XVII-B or Chapter XVII-BB, if

yes please furnish details.

(b) If the provisions of Chapter XVII-B

have not been complied with, please give

(b) Whether the assessee has

furnished the statement of tax

38

have not been complied with, please give

the following details namely

i) Tax deductible and not deducted at all

(ii) shortfall on account of lesser

deduction than required to be deducted

(iii) tax deducted late

(iv) tax deducted but not paid to the credit

of the Central Government

Please give the details of cases covered in

(i) to (iv) above.

furnished the statement of tax

deducted or tax collected within

the prescribed time. If not, please

furnish the details.

(c) Whether the assessee is liable

to pay interest under section

201(1A) or section 206C(7). If yes,

please furnish details.

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Clause 34 TDS/TCS Applicability-Chapter XVII-B/BB

Whether the assessee is required to deduct or collect tax asper the provisions of Chapter XVII-B or

Chapter XVII-BB. If yes, Please furnish

Sr. No.

Particulars

1 TAN

2 Sec

3 Nature of Payment

4 Total amount of Payment or Receipt of the nature specified in Col. 3

39

5 Total amount on which tax was required to be deducted or collected

out of (4)

6 Total amount on which tax was deducted or collected at specified

rate out of (5)

7 Amount of tax ded. Or coll. Out of (6)

8 Total amount on which tax was deducted or collected at less than

specified rate out of (7)

9 Amount of tax deducted or collected on (8)

10 Amount of tax deducted or collected not deposited to the credit of

the Central Government out of (6) and (8).

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Whether assessee has furnished the statement of tax

deducted and collected within the prescribed time. If

not, Please furnish the details

Sr. No. Particulars

1 TAN

2 Type of Form 24Q, 26Q, 27Q, 27EQ

40

3 Due Date of Furnishing 15 days from the end of the quarter

for first three quarters. 1 Months

and 15 days from the end of the

quarter for last quarter.

4 Date of Furnishing, if furnished

5 Whether the statement of Tax deducted

or collected contains information about

all transactions which are required to

be reported.

Report here the instances on which

TDS/TCS is not made.

Issue – Instance of one quarter

reported in next quarter.

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Whether the assessee is liable to pay interest under section

201(1A) or section 206C(7). If Yes, please furnish

Sr. No. Particulars

1 TAN

2 Amount of Interest Payable

3 Amount paid out of column 2

41

3 Amount paid out of column 2

4 Date of Payment

Interest U/s. 201(1A)(i) 1% for every month or part of a month on the amount of

such tax from the date on which such tax was deductible to the date on which such

tax is deducted; and U/s. 201(1A) (ii) 1.5% for every month or part of a month on

the amount of such tax from the date on which such tax was deducted to the date on

which such tax is actually paid.

Interest U/s. 206C(7) – Where a seller does not collect the tax or after collecting the

tax fails to pay he shall be liable to pay simple interest at the rate of 1% p.m. or part

thereof on the amount of such tax from the date on which such tax was collectible to

the date on which the tax was actually paid.

Virtual TDS/TCS Assessment!!! www.taxguru.in


In the case of a domestic company,

details of tax on distributed profits

under section 115-O in the following

form :—

(a) total amount of distributed

profits;

(b) total tax paid thereon;

(c) dates of payment with amounts.

In the case of a domestic company,

details of tax on distributed profits

under section 115-O in the following

form :—

a. total amount of distributed profits;

b. amount of reduction as referred to

in section 115-O(1A)(i)

c. Amount of reduction as referred to

Clause (b) is now required to be segregated for reduction in DDT wrt

(1) Section 115O(1A)(i) – Holding company receiving Dividend from subsidiary.

(ii) Section 115O(1A)(ii) – Dividend, if any, paid to any person for, or on behalf of,

the New Pension System Trust referred to in Section 10(44).

42

(c) dates of payment with amounts. c. Amount of reduction as referred to

in section 115-O(1A)(ii)

d. total tax paid thereon; date of

payment with amounts.

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Old Clause 30 vs New Clause 37

Whether any cost audit was

carried out, if yes, enclose a

copy of the report of such audit

[See section 139(9)].

Whether any cost audit was

carried out, if yes, give the

details, if any, of disqualification

or disagreement on any matter/

Item/quantity as may be

reported/identified by the

auditor.

Emphasis is now on furnishing details of disqualification or

disagreement on any matter/item/quantity rather than submitting

a copy of report.

43

auditor.

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Whether any audit was

conducted under the Central

Excise Act, 1944, if yes, enclose

a copy of the report of such

audit.

Whether any audit was

conducted under the Central

Excise Act, 1944, if yes, give the

details, if any, of disqualification

or disagreement on any

matter/item /quantity as may be


44


auditor.

Emphasis is now on furnishing details of disqualification or

disagreement on any matter/item/quantity rather than submitting

a copy of report.

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New Clause 39 – Service Tax Audit U/s. 72A of

Finance Act, 1994

Whether any audit was conducted under section

72A of the Finance Act, 1994 in relation to

valuation of taxable services, if yes, give the

details, if any, of disqualification or disagreement details, if any, of disqualification or disagreement

on any matter/item/quantity as may be reported/

identified by the auditor.

45

Reporting on details of disqualification or disagreement on any

matter/item/quantity.

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Accounting Ratios with

calculations as follows

(a) Gross Profit/Turnover

(b) Net Profit Turnover

(c) Stock in Trade/Turnover

(d) Material Consumed/Finished

Goods Produced.

Sr.No. Particulars Previous

year

Preceding

Previous

year

1 Turnover

2 Gross Profit/

Turnover

3 Net Profit/

Turnover

4 Stock in

46

Goods Produced.

Column of Turnover is added.

Preceding year data is to be provided.

4 Stock in

trade/Turnov

er

5 Material

consumed /

Finished

Goods

Produced

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New Clause 41–Demand/Refund under Other Laws

Please furnish the details of demand raised or

refund issued during the previous year under any

tax laws other than Income Tax Act, 1961 and

Wealth Tax Act, 1957 alongwith details of relevant

Proceedings.

This will provide details of other litigations under other tax laws

to Income Tax Authorities which may have its own ramifications.

47

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Annexures – Removed

Annexure (I) relating to abstract of balance

sheet and statement of profit and loss and

Annexure (II) relating to the value of the fringe

benefits

are no longer required to be annexed to the are no longer required to be annexed to the

Form No. 3CD.

48

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CA Prakash B Thakkar, FCA, DISA (ICA)

M/s. Prakash Thakkar & Co., Chartered Accountants

202, Mangaldhara Complex, 83, Sampatrao Colony, RC Dutt

Road, Vadodara-390007

(O) 0265-2351253/54, (M) 9898061675

Email: [email protected]

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substituted tax audit forms and its implications · 2019-01-01 · revised form is made applicable....

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