1. 1 COMPILED BY: CHATTER & CHATTER, CHARTERED ACCOUNTANTS

2. TAX AUDIT REPORT 3CD REVISED Significant changes in Form 3CD notified on 25th July 2014. The audit season is already in full swing and all our offices are currently completing the statutory audits and tax audits. Just as we are nearing various deadlines, the CBDT has notified significant changes in Form 3CD and increased the scope and reporting requirements of tax audits. 2

3. TAX AUDIT REPORT 3CD REVISED Broadly speaking changes have been made with a view to have more information and analysis in standard forms. Many details will have to be furnished in comprehensive, tabular and analytical forms. Form 3CB has also been amended. Observations and qualifications, subject to which report is given in form 3CD, are to be mentioned in details in the report in Form 3CB. 3

4. CLAUSE 21(a) Old clause 17 (a) to (e) replaced by Clause 21(a) which says: Please furnish the details of amounts debited to the profit and loss account, being in the nature of capital, personal, advertisement expenditure etc: 4

5. 5 17Amount debited to the profit and loss account, being :- aexpenditure of capital nature bExpenditure of personal nature cExpenditure on advertisement in any souvenir, brochure, tract, pamphlet or the like, published by a political party dexpenditure incurred at club,- (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

6. NatureSerial numberParticularsAmount in Rs. Capital Expenditure 1 Building Construction 2,00,000.00 2 Personal Expenditure 1 Donation 50,000.00 2 Car Expenses (20%) 20,000.00 3 Income Tax25,000.00 6

7. 7 Advertisement Expenditure 1 2 3

8. Advertisement Expenses In new 3CD the words used are Advertisement expenses. Now a doubt arises that whether all kind of advertisement expenses to be reported or only the ones disallowed as was reported previously. The old 3CD specifies the following: “Expenditure on advertisement in any souvenir, brochure, tract, pamphlet or the like, published by a political party”. In my opinion the new 3CD will take color from the old 3CD and we should report only the similar expenditure to political party only until any clarification in this regard is received. 8

9. 9 Expenditure incurred at clubs being cost for club services and facilities used. Expenditure by way of penalty or fine for violation of any law for the time being 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

10. Clause 21b Old Clause 17(f) is replace by New clause 21(b): Old clause simply asks Amounts inadmissible under section 40(a); New clause is detailed one. It asks to bifurcate the amount paid to Residents and Non Residents u/s 40(a)(i) and section 40(a)(ia). The details required by revised 3CD Form are: 10

11. Clause 21(b)(i) of Revised 3CD (b) Amounts inadmissible under section 40(a):- (i) as payment to non-resident referred to in sub-clause (i) of section 40(a). (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 11

12. (B) Details of payment on which tax has been deducted but has not been paid during the previous year or in the subsequent year before the expiry of time prescribed under section 200(1) (I) date of payment (II) amount of payment (III) nature of payment (IV) name and address of the payee (V) amount of tax deducted 12

13. Clause 21(1)(b) (ii) as payment referred to in sub-clause (ia) of section 40a (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 13

14. (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 14

15. Amounts Inadmissible under section 40a (iii) under sub-clause (ic) [Wherever applicable] [Any sum paid on account of Fringe Benefit Tax (FBT) under ch.XII H] (iv) under sub-clause (iia) Any sum paid on account of Wealth Tax. (v) under sub-clause (iib) Any amount paid by way of Royalty, License Fee or any other Fee 15

16. (vi) under sub-clause (iii) Any payment which is chargeable under the head salaries, if it payable outside India or to a Non Resident and if Tax has not been paid thereon nor deducted therefrom under Chapter XVII-B. (A) date of payment (B) amount of payment (C) name and address of the payee 16

17. Clause 21b continues: (vii) under sub-clause (iv) Payment to PF or any other fund for employee benefits unless tax is deducted from payments from fund chargeable to tax. (viiii) under sub-clause (v) Any tax actually paid by employer referred to in section 10(10CC). 17

18. Clause 21c is same as Clause 17g of old 3CD (c) Amounts debited to profit and loss account being, interest, salary, bonus, commission or remuneration inadmissible under section 40(b)/40(ba) and computation thereof; Payment to non working partner Payment not authorized by or in accordance with the terms of Partnership deed. Interest payment though authorized by deed is in excess of 12% per annum. Remuneration payments exceeds the limits specified u/s 40(b)(v). 18

19. Clause 21(d) - Disallowance/deemed income under section 40A(3)/(3A): (A) Section 40A(3) 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 [Payment in excess of Rs. 20,000] were made by account payee cheque drawn on a bank or account payee bank draft. If not, please furnish the details: 19 Serial numberDate of paymentNature of paymentAmount Name and Permanent Account Number of the payee, if available

20. (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); 20 Serial numberDate of paymentNature of paymentAmount Name and Permanent Account Number of the payee, if available

21. Clause 21 continues (No change in these clauses) (e) provision for payment of gratuity not allowable under section 40A(7); (f) any sum paid by the assessee as an employer not allowable under section 40A(9); (g) particulars of any liability of a contingent nature; (h) amount of deduction inadmissible in terms of section 14A in respect of the expenditure incurred in relation to income which does not form part of the total income; (i) amount inadmissible under the proviso to section 36(1)(iii). 21

22. Clause 22 [Similar to Clause 17A of old 3CD] Amount of interest inadmissible under section 23 of the Micro, Small and Medium Enterprises Development Act, 2006. 22

23. Clause 23 [Similar to Clause 18 of old 3CD] Particulars of payments made to persons specified under section 40A(2)(b) 23

24. Clause 24 [Similar to Clause 19 of old 3CD] with little change in respect of section 32AC. Amounts deemed to be profits and gains under section 32AC or 33AB or 33ABA or 33AC. 32AC has been added to this clause which is newly inserted section in relation to 15% deduction on Investment in new Plant and Machinery for specified assets. 24

25. Clause 25 [Similar to Clause 20 of old 3CD] Any amount of profit chargeable to tax under section 41 and computation thereof This is in respect of recovery of any benefit in cash or any other manner by assesse or his successor out of allowance or deduction made out of expenditure/ loss/ trading liability incurred by the assesse. 25

26. Clause 26 [Similar to Clause 21 of old 3CD] In respect of any sum referred to in clause (a),(b), (c), (d), (e) or (f) of section 43B, the liability for which:- (A) pre-existed on the first day of the previous year but was not allowed in the assessment of any preceding previous year and was (a) paid during the previous year; (b) not paid during the previous year; (B) was incurred in the previous year and was (a) paid on or before the due date for furnishing the return of income of the previous year under section 139(1); (b) not paid on or before the aforesaid date. (State whether sales tax, customs duty, excise duty or any other indirect tax, levy, cess, impost, etc., is passed through the profit and loss account.) 26

27. Clause 27a [Similar to Clause 22a of old 3CD] with change of word to CENVAT in place of MODVAT Amount of Central Value Added Tax credits availed of or utilised during the previous year and its treatment in the profit and loss account and treatment of outstanding Central Value Added Tax credits in the accounts. The reconciliation of CENVAT Credit needs to be given which may be given as: Opening Credit available: Add: Credit Availed/ Earned: Less: Credit Utilised Balance: Credit available at year end 27

28. Clause 27b [Similar to Clause 22b of old 3CD] Particulars of income or expenditure of prior period credited or debited to the profit and loss account 28

29. Newly inserted 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. 29

30. Newly inserted 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. 30

31. Clause 30 [Similar to Clause 23 of old 3CD] Details of any amount borrowed on hundi or any amount due thereon (including interest on the amount borrowed) repaid, otherwise than through an account payee cheque. [Section 69D] 31

32. Clause 31a [Similar to Clause 24a of old 3CD] Particulars of each loan or deposit in an amount exceeding the limit specified in section 269SS taken or accepted during the previous year :- (i) name, address and permanent account number (if available with the assessee) of the lender or depositor; (ii) amount of loan or deposit taken or accepted; (iii) whether the loan or deposit was squared up during the previous year; (iv) maximum amount outstanding in the account at any time during the previous year; (v) whether the loan or deposit was taken or accepted otherwise than by an account payee cheque or an account payee bank draft. *(These particulars needs not be given in the case of a Government company, a banking company or a corporation established by a Central, State or Provincial Act.) 32

33. Clause 31b [Similar to Clause 24b of old 3CD] (b) Particulars of each repayment of loan or deposit in an amount exceeding the limit specified in section 269T made during the previous year :- (i) name, address and Permanent Account Number (if available with the assessee) of the payee; (ii) amount of the repayment; (iii) maximum amount outstanding in the account at any time during the previous year; (iv) whether the repayment was made otherwise than by account payee cheque or account payee bank draft. 33

34. Clause 31c [Replaced Certificate required under Clause 24c of old 3CD] Old 3CD Requires to state that 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. NOW we have to report that: (c) Whether the taking or accepting loan or deposit, or repayment of the same were made by account payee cheque drawn on a bank or account payee bank draft based on the examination of books of account and other relevant documents (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) 34

35. Clause 32(a) and (b) [Similar to Clause 25(a) and (b) of old 3CD with few changes] 32.(a) Details of brought forward loss or depreciation allowance, in the following manner, to the extent available : (b) Whether a change in shareholding of the company has taken place in the previous year due to which the losses incurred prior to the previous year cannot be allowed to be carried forward in terms of section 79. 35 Serial Number Assessment Year Nature of loss / allowance (in rupees) Amount as returned (in rupees) Amounts as assessed (give reference to relevant order) Remarks

36. Clause 32(c), (d), (e) [New clauses added to clause 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. (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. (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 during the previous year. 36

37. Clause 33 [Similar to Clause 26 with slight change] Section-wise details of deductions, if any, admissible under Chapter VIA or Chapter III (Section 10A, Section 10AA). Previously only details of Chapter VIA were to be given. Now amount of deduction under section 10A/ AA under Chapter III is also included. 37 Section under which deduction is claimed Amounts admissible as per the provision of the Income Tax Act, 1961 and fulfils the conditions, if any, specified under the relevant provisions of Income Tax Act, 1961 or Income Tax Rules,1962 or any other guidelines, circular, etc, issued in this behalf.

38. Clause 34 [Replaced with changes for Clause 27 of old 3CD] The old Clause 27 needs to report that: 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. Only if the provisions were not complied with, we need to report the details required under sub clause b of said clause 27: (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 govt 38

39. Clause 34 contd.. [Replaced for Clause 27 of old 3CD] BUT… Now we need to report the complete details of TDS made by the assesse if the provisions of TDS are applicable on him irrespective of fact that the provisions are complied with or not. We have to do complete analysis of TDS provisions on the assesse and need to calculate all the details which were required to be calculated at the time of TDS survey or assessments only. Probably this clause of 3CD is the most time consuming clause for we professionals. 39

40. Clause 34(a) provides: 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: 40 Tax deduction and collection Account Number (TAN) Section Nature of payment Total amount of payment or receipt of the nature specified in column (3) Total amount on which tax was required to be deducted or collected out of (4) Total amount on which tax was deducted or collected at specified rate out of (5) Amount of tax deducted or collected out of (6) Total amount on which tax was deducted or collected at less than specified rate out of (7) Amount of tax deducte d or collecte d on (8) Amount of tax deducted or collected not deposited to the credit of the Central Government out of (6) and (8) (1)(2)(3)(4)(5)(6)(7)(8)(9)(10)

41. Clause 34(a) contd… Thus, the auditor needs to report the following details: 1.TAN 2. Section under which tax deducted (eg. 194A/ 194C/ 194H etc.) 3. Nature of Payment i.e. Interest/ Contractual payment/ Commission etc. 4. Total Amount paid of the nature specified. (Whether tax deductible or not). 5. Total amount on which tax was required to be deducted. (Out of total payment, the amount on which tax is not required to be deducted needs to be reduced i.e. the amount on which tax is not deductible may be on submission of declaration forms like 15G or payment below limits liable for TDS say below 30000 for professional payments or 180000 for payment of rent etc. 41

42. 6. Total amount on which tax was deducted at specified rates. (i.e at normal rates and not reduced rates as may be reduced by the AO). 7. Amount of tax deducted The actual amount of tax deducted needs to be reported. 8. Total amount on which tax was deducted at less than specified rates. Amount paid on which lower tax was deducted. 9. Amount of Tax Deducted at lower rate 10. Amount of Tax Deducted not deposited to the credit of CG 42

43. Clause 34(b) whether the assessee has furnished the statement of tax deducted or tax collected within the prescribed time. If not, please furnish the details: 43 Tax deduction and collection Account Number (TAN) Type of Form Due date for furnishing Date of furnishing, if furnished Whether the statement of tax deducted or collected contains information about all transactions which are required to be reported

44. Clause 34(c) whether the assessee is liable to pay interest under section 201(1A) or section 206C(7). If yes, please furnish: 201(1A): Interest @1% From date on which TDS deductible to the date on which tax deducted and @ 1.5% from date on which tax deducted to the date on which tax deposited. 206C(7): 1% Interest on TCS 44 Tax deduction and collection Account Number (TAN) Amount of interest under section 201(1A)/206C(7) is payable Amount paid out of column (2) along with date of payment.

45. Clause 35a [Similar to Clause 28a of old 3CD] (a) In the case of a trading concern, give quantitative details of principal items of goods traded : (i) Opening Stock; (ii) purchases during the previous year; (iii) sales during the previous year; (iv) closing stock; (v) shortage/excess, if any 45

46. Clause 35b [Similar to Clause 28b of old 3CD] (b) In the case of a manufacturing concern, give quantitative details of the principal items of raw materials, finished products and by-products : A. Raw Materials : (i) opening stock; (ii) purchases during the previous year; (iii) consumption during the previous year; (iv) sales during the previous year; (v) closing stock; (vi) yield of finished products; (vii) percentage of yield; (viii) shortage/excess, if any. 46

47. Clause 35bcontd. [Similar to Clause 28b of old 3CD] B. Finished products/by- products : (i) opening stock; (ii) purchases during the previous year; (iii) quantity manufactured during the previous year; (iv) sales during the previous year; (v) closing stock; (vi) shortage/excess, if any. 47

48. Clause 36. [ Similar to Clause 29 of old 3CD with slight change ] 36. 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); (Newly added) (c amount of reduction as referred to in section 115-O(1A)(ii); (Newly added) (d) total tax paid thereon; (e) dates of payment with amounts. 48

49. Clause 37. [ Similar to Clause 30 of old 3CD with slight change ] 37. Whether any cost audit was carried out, if yes, give the details, if any, of disqualification or disagreement on any matter/ item/ value/ quantity as may be reported/identified by the cost auditor. Thus now disqualification/ disagreement of cost auditor needs to be incorporated in 3CD report as against the attachment of cost audit report required earlier. 49

50. Clause 38. [ Similar to Clause 31 of old 3CD with slight change ] 38. Whether any audit was conducted under the Central Excise Act, 1944, if yes, give the details, if any, of disqualification or disagreement on any matter/item/value/quantity as may be reported/identified by the auditor. Thus now disqualification/ disagreement of Excise Audit done, if any, needs to be incorporated in 3CD report as against the attachment of Excise audit report required earlier. 50

51. Newly inserted Clause 39 39. Whether any audit was conducted under section 72A of the Finance Act,1994 in relation to valuation of taxable services, Finance Act,1994 in relation to valuation of taxable services, if yes, give the details, if any, of disqualification or disagreement on any matter/item/value/quantity as may be reported/identified by the auditor. 51

52. Clause 40. [ Similar to Clause 32 of old 3CD with slight change ] Previously accounting ratios needs to be given for the year under audit only. Now it is required to give the ratios of previous year also so as to make it comparable. Further comparative Turnover also needs to be given. The clause reads as under: 40. Details regarding turnover, gross profit, etc., for the previous year and preceding previous year: (The details required to be furnished for principal items of goods traded or manufactured or services rendered) The format of ratios to be given is also specified which is as follows: 52

53. Comparative figures to be given: Serial numberParticularsPrevious yearPreceding previous year 1. Total turnover of the assessee 2.Gross profit/turnover 3.Net profit/turnover 4.Stock-in-trade/turnover 5. Material consumed/finished goods produced 53

54. Newly inserted Clause 41 41. Please furnish the details of demand raised or refund issued during the previous year under any tax laws other than Income Tax Act, 1961 and Wealth tax Act, 1957 along with details of relevant proceedings. 54

55. OTHER IMPORTANT ISSUES OF NEW 3CD The annexure 1 of old 3CD form i.e. the comparative figures of current year with previous year is no longer a part of 3CD and thus is dispensed with. Deleted requirement to furnish certificate from the assessee regarding payments relating to any expenditure covered under section 40A(3) of the IT Act that the payments were made by account payee cheques drawn on a bank or account payee bank draft, as the case may be. 55

56. CBDT on 29th of July has issued another clarification on its e- filing website, 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" 56

57. OTHER IMPORTANT ISSUES OF NEW 3CD Form 3CB changes to incorporate any qualification/ observation in 3CD: 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. 57

58. Due to the amendments made in the Form No. 3CD, the reporting responsibilities of the assessee and the auditor have increased. On the direct tax front, the revised Form No. 3CD now requires submission of the valuation related details of transfer of land, building or both for a lower consideration, receipt of share of private limited company without consideration or for inadequate consideration and receipt of any consideration for issue of shares which exceeds the fair market value of the shares. As information on indirect taxes are now required to be reported, this highlights that there is a change in the perspective of computation of income by the CBDT. The assessee may have to put in place systems and processes to collect the information required by the amended Form No. 3CD. 58

59. The bottom line The revision to the tax audit report has added new responsibilities for most companies and auditors. These changes require immediate attention given the potentially short timeframe for implementation. 59

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