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ICAI has released the Guidance Note on Tax Audit under Section 44AB of the Income-tax Act, 1961 (Revised 2023). The Guidance Note (2023) makes several changes in recommendations vis-a-vis the Guidance Note on Tax Audit under Section 44AB of the Income-tax Act, 1961 (Revised 2022). In this article, Taxmann's Advisory and Research Team have discussed the changes introduced in the Guidance Note.
An assessee is required to get his books of accounts audited in accordance with Section 44AB of The Income Tax Act, 1961. The Chartered Accountant conducting the tax audit is required to give his findings, observations, etc., in the form of an audit report at the e-filing portal of Income-tax in Form No. 3CA/3CB and 3CD. In this write-up, Taxmann's Editorial Team has discussed the reporting requirement of clause 13 & 14, that are contained in Part B of Form 3CD as per the Guidance Note issued by the ICAI.
In this latest edition from Taxmann for May 2021, we provide you with the analytical stories on the recent changes in Income-tax, GST and Insolvency & Bankruptcy Code reported on Taxmann.com. The coverage of this edition is as follow: Direct Tax Laws • Aspects to be considered on application of MFN Clause of Tax Treaty • New rules for registration and approval of NGOs w.e.f. 01-04-2021 • SOFR as a replacement of LIBOR: Transfer Pricing considerations • Taxation of software payments – Understanding tax implications based on IP law Goods & Services Tax • Beneficial Exemption: Should it be construed in a Strict or a Liberal way? • The uncertainty encircling ITC availment on Corporate Social Responsibility Insolvency & Bankruptcy Code • Supreme Court upholds the sanctity of Resolution Plan & the ‘Clean Slate Theory’ under IBC
The Finance Act, 2022 has received the assent of the President, Shri Ram Nath Kovind on March 30, 2022. The Finance Act 2022 has introduced more than 35 changes in the Finance Bill as introduced on February 01, 2022. New amendments have been made, and some proposed amendments have been removed or modified. A snippet of all the changes made in the Finance Act, 2022 viz-a-viz the Finance Bill, 2022 is presented in this write-up. Drafted by Taxmann’s Editorial Board.
This is a comprehensive handbook to understand the complexities of tax audits under Section 44AB of the Income-tax Act, 1961. It provides a detailed clause-wise commentary on Forms 3CA, 3CB, and 3CD, providing practical insights into statutory requirements, ICAI guidelines, and best practices for accurate reporting. The book includes structured analyses of each clause, guidance on e-filing utilities, management representation letters, specimen notes/disclaimers and audit documentation. It covers essential topics like the Supreme Court's rulings on audit limits, cash basis accounting as per ICAI's Technical Guide, and recent amendments to Form No. 3CD. The book's practical approach is enriched with checklists, working sheets, and illustrative examples. This book is helpful for tax professionals, auditors, accountants, and business entities involved in conducting or managing tax audits. The Present Publication is the 16th Edition and has been amended by the Finance (No. 2) Act 2024. This book is authored by CA Srinivasan Anand G. with the following noteworthy features: • [In-depth Coverage of Tax Audit Under Section 44AB] The book analyses the applicability of tax audits for various assessees, the appointment of tax auditors, and the obligations under Section 44AB. It provides detailed guidance on the procedural and statutory requirements, tailored for practical application • [Comprehensive Clause-wise Commentary on Forms 3CA | 3CB | 3CD] Each clause of Forms 3CA, 3CB, and 3CD is thoroughly examined, providing a structured analysis that includes: o What each clause requires and does not require o The nature of reporting—whether data, facts, or opinions are needed o Relevant statutory provisions and ICAI's views o Management Representation Letters (MRLs) and other critical details to be obtained from the auditee o Linkages between clauses and the consequential effects on other clauses in Form 3CD o Detailed instructions on filling up the clauses in the e-filing utility, addressing common errors o Guidance on audit documentation, working papers, and practical checklists for each clause o Precautions for reporting, along with disclaimers, qualifications, and clarificatory notes o Common auditing issues, interpretation challenges, and frequently asked questions (FAQs) o Working sheets and practical examples for hands-on application. • [Detailed Discussion on Supreme Court Decisions and ICAI Guidelines] The book includes an in-depth discussion of the Supreme Court's rulings regarding the limits on the number of tax audits a CA or CA firm can undertake. It also covers the cash basis of accounting, referencing ICAI's Technical Guide and pertinent case laws, providing clarity on its impact on tax audits • [Extensive Analysis of Amendments to Form No. 3CD] This Edition provides a thorough discussion of the recent amendments made to Form No. 3CD within the relevant chapters, ensuring that readers are well-versed with the latest changes and their implications • [Practical Tools and User-friendly Features] o The book includes practical checklists, working sheets, and a step-by-step guide on how to complete the audit process effectively. It provides management representation letters, specimen notes/disclaimers, auditing issues, and illustrative examples, making it an indispensable tool for auditors o A detailed analysis of specific transactions, such as audits of cash transactions, share capital, loans, borrowings, deposits, and sales of immovable property, among others, providing targeted insights for specific audit scenarios • [Integration with e-Filing Requirements] The book thoroughly addresses how to complete the tax audit forms in the e-filing utility, highlighting common errors and compliance checkpoints. It ensures that readers are fully equipped to understand the digital aspects of tax audit submissions • [Issues of Interpretation and Practical Guidance] The book tackles complex auditing issues, including interpretation challenges, practical FAQs, and real-world examples that aid auditors in overcoming common hurdles in the tax audit process • [Enhanced Focus on Linkages and Consequential Effects] Detailed commentary on the linkages between various clauses in Form 3CD and the consequential effects on other clauses provide a holistic view of the audit process, ensuring comprehensive and interconnected reporting The book follows a structured layout for easy reference: • Chapters 0 to 11 o These chapters cover the obligations of entities to get their accounts audited under Section 44AB, explained with reference to presumptive taxation provisions, relevant case laws, ITR forms, and the ICAI's perspectives • Chapters 12 to 62 o These chapters offer a clause-wise commentary on Form 3CD, each dedicated to a specific clause. Each clause is analysed in detail, covering statutory requirements, compliance guidelines, audit checklists, and best practices for effective reporting The highlights of the table of contents include: • Each chapter provides an in-depth analysis of specific clauses of Form 3CD, ranging from basic identification information like the name and address of the assessee to more complex clauses involving transactions, adjustments under ICDS, and GAAR provisions • Special sections on statutory forms (3CA, 3CB, 3CD) and their statutory underpinnings, ensuring that every aspect of tax audit reporting is covered with precision • Extensive appendices include statutory provisions relevant to various clauses, ICAI clarifications, and practical guidance on audit reporting and documentation
A Comprehensive Practice Guide For Chartered Accountants To Conduct Compulsory Tax Audit Under Section 44Ab Of Income Tax Act *Clause-By-Clause Analysis Of Form No. 3Ca/3Cb/3Cd. *Linking Of Each Item Of Form 3Cd To Corresponding Item In Itr 5/Itr 6 So That Returns Can Be Filled Up Easily Based On Form 3Cd. *Relevant Provisions Of Income-Tax Act, As Amended By Finance (No.2) Act, 2009 Duly Explained With The Help Of Charts & Tables. *Relevant Discussion Of Legal Provisions And Case Laws. *Icai'S Views Incorporated. *Practical Analysis Of Auditing & Assurance Standards.
Despite issuing various guidance notes and technical guides by the Institute of Chartered Accountants of India (ICAI), the Quality Review Board (QRB) has identified multiple instances of auditors' non-compliance with SA 700. This article discusses some commonly observed non-compliances with SA 700's reporting requirements and provides the suggested guidelines from the Auditing and Assurance Board (AASB) of ICAI. The coverage includes: ‣ Reporting under Section 143(3)(c) of the Companies Act, 2013 ‣ Reporting with Regard to Materiality Description ‣ Partial Reporting of Key Audit Matters ‣ Separate UDIN for Statutory Audit and Tax Audit
This book is an authoritative guide that addresses the multifaceted tax and accounting challenges specific to joint development arrangements in the real estate sector. It is helpful for tax professionals, real estate developers, accountants, and legal advisors to understand the complex domain. The Present Publication is the 7th Edition and has been amended by the Finance (No. 2) Act, 2024. This book is authored by Dr Raj K. Agarwal & Dr Rakesh Gupta with the following noteworthy features: • [Comprehensive Analysis] This book covers critical aspects such as: o Determination of the year of transfer o Valuation of sale consideration o In-depth interpretations of key provisions like: § Section 2(47) on the definition of 'Transfer' § Section 45(2) on the conversion of capital assets into stock-in-trade § Section 50D on fair market value considerations • [Key Legal Provisions Explained] o Section 45(5A) – This Section, introduced by the Finance Act, 2017, is important for understanding the chargeability of capital gains on asset transfers in joint development scenarios. The book provides a detailed analysis of this provision, including its practical application and the resulting tax implications for landowners o Deeming Provisions [Sections 43CA, 50C, 56(2)(x)(b), and 23(5)] – A thorough analysis of these sections clarifies their impact on property valuation and taxability, especially within the framework of joint development agreements o Section 80-IBA – The book analyses the eligibility criteria, procedural requirements, and strategic considerations for developers seeking deductions for affordable housing projects • [Judicial Insights and Case Law Analysis] An important feature of the book is its detailed review of recent ITAT and High Courts judicial pronouncements, providing insights into how various tax provisions have been interpreted in real estate contexts. This Section guides practitioners through the nuances of legal precedents, highlighting both established interpretations and areas of ongoing controversy • [Accounting Standards and Revenue Recognition] The book dedicates a substantial portion to addressing accounting challenges specific to real estate developers. It provides an in-depth analysis of the Guidance Note on Accounting for Real Estate Transactions (Revised 2012) issued by the ICAI. It discusses the application of revenue recognition principles under both IFRS and ICDS. Key topics include the timing and methods of revenue recognition, valuation of inventory and work-in-progress, and the impact of income computation standards on financial reporting • [Sector-Specific Tax Challenges] Beyond general tax issues, the book discusses sector-specific scenarios such as the taxability of retention money, demolition costs, rental income from stock-in-trade, and the treatment of advances and cancellations in real estate bookings. It provides practical guidance on how to handle these unique situations, supported by relevant case studies and examples • [Practical Tools | Examples | Case Studies] Designed as a hands-on guide, the book includes practical examples, detailed case studies, and real-world scenarios that illustrate the application of complex tax laws and accounting standards. These valuable tools are intended to help professionals implement best practices in structuring joint development agreements and managing tax compliance effectively • [Updated with Latest Amendments and Controversies] Reflecting the most recent changes brought by the Finance (No. 2) Act, 2024, the book includes a focused discussion on contentious issues arising from Section 45(5A) and other key provisions The structure of the book is as follows: • Nature and Structure of Joint Development Arrangements o Explores the various forms of joint development agreements, their structuring, and the significant tax and legal implications for landowners and developers • Methods of Accounting for Real Estate Developers o Discusses the pros and cons of the Completed Contract Method (CCM) and the Percentage of Completion Method (PCM), including judicial perspectives on the appropriateness of each method • Application of Accounting Standards o Provides detailed guidance on the relevant accounting standards, including AS-7 and AS-9, with specific focus on their applicability and compliance requirements for real estate developers • Impact of ICDS and IFRS on Real Estate Transactions o Examines the implications of Income Computation and Disclosure Standards (ICDS) and International Financial Reporting Standards (IFRS) on the financial and tax reporting of real estate projects • In-depth Analysis of Capital Gains and Other Tax Provisions o Covers the critical tax implications of converting capital assets into business assets, the applicability of Section 50C in property transactions, and strategies for managing capital gains tax liabilities in joint development arrangements • Practical Insights and Case Studies o Real-world case studies and practical insights provide valuable lessons on managing tax liabilities and optimizing accounting practices, making this book a valuable day-to-day reference for professionals
This book is a guide to Indian Accounting Standards with ‘Basis for Conclusion’, ‘Illustrative Examples’, ‘Implementation Guidance’ and ‘ITFG Guidance’. The Present Publication, is the 5th Edition, as amended by Companies (Indian Accounting Standards) Amendment Rules 2020 (w.e.f. 24-07-2020) The commentaries in the book provide comprehensive guidance on the following: • What deliberations were made while forming the standards • Comprehension of various provisions mentioned across Ind AS • Guidance on how to implement the standards under various practical scenarios. The coverage of the book is as follows: • Illustrative examples for better comprehension • Implementation Guidance indicating step-by-step on how complex provisions shall be implemented • Basis for conclusion explaining what deliberations were made while framing the standards • Opinions on implementation of Ind AS This book provides guidance for professionals who are engaged in the practice involving Indian Accounting Standards (Ind AS). This book is also useful for corporate teams involved in making financial statements as well as auditors.
The recent changes in Reassessment has you confused? 😖 Taxmann, as always, is here for you! 🤓 This exclusive article evaluates the instructions issued by the CBDT and explains the different scenarios wherein notices issued by the AO under the old provisions shall be treated as valid Drafted by Dr Vinod K. Singhania & Taxmann’s Editorial Board Read the Analysis Now!