1. SEMINAR ON TAX AUDIT (RECENT AMENDMENT) Friday, 8 th August 2014 **************************************************** Speaker : CA Deepak Maheshwari **************************************************** Hosted by: Jointly with :- Indore Branch of CIRC of ICAI CA Deepak Maheshwari, Indore

2. Whether the assessee is liable to pay indirect tax like excise duty, service tax, sales tax, customs duty, etc. if yes, please furnish the registration number or any other identification number allotted for the same. Clause No. - 4 CA Deepak Maheshwari, Indore

4.  Cross verify details from sales bill & other relevant documents.  Suggestive Reporting :- As informed by the assessee he is liable to pay tax under following Acts, details of which are given below along with their registration number :- CA Deepak Maheshwari, Indore

5. Indicate the relevant clause of section 44AB under which the audit has been conducted Clause No. - 8 CA Deepak Maheshwari, Indore

7. (b) List of books of account maintained and the address at which the books of accounts are kept. (c) List of books of account and nature of relevant documents examined. Clause No – 11 CA Deepak Maheshwari, Indore

9. 13 (C). Where there is a change in method of accounting employed vis-a-vis the method employed in immediately preceding previous year, details of such change and effect thereof on profit and loss to be indicated in specific format Serial No. Particulars Increase in Profit (Rs.) Decrease in Profit (Rs. ) Nil Clause - 13(c) & 14(b) 14(b). In case of deviation from the method of valuation prescribed u/s 145A, and the effect thereof on the profit or loss to be indicated in specific format CA Deepak Maheshwari, Indore

11. 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 :- Details of Property Consideration received or accrued Value adopted or assessed or assessable Nil Clause -17 CA Deepak Maheshwari, Indore

13.  In case of transaction through power of attorney, ratio deal, ask for valuation certificate, if not available than take representation letter from assessee & appropriate disclosure of this fact to be made.  If consideration received in installments, reporting to be made in the year in which transfer of property took place  Cross verification from 26-AS CA Deepak Maheshwari, Indore

14. Clause - 19 Amounts admissible under sections: Section Amount debited to P&L account Amounts admissible as per the provisions of the Income Tax Act, 1961 and also fulfils the conditions, if any specified under the conditions, if any specified under the relevant 14provisions of Income Tax Act, 1961 or Income Tax Rules,1962 or any other guidelines, circular, etc., issued in this behalf. 32AC TO 35AD CA Deepak Maheshwari, Indore

16. Clause - 20(b) Serial number Nature of fund Sum received from employees Due date for payment The actual amount paid The actual date of payment to the concerned authorities CA Deepak Maheshwari, Indore

17.  Tabular format is inserted for proper reporting  Self explanatory CA Deepak Maheshwari, Indore

18. Detailed information to be furnished of amounts debited to profit & loss account, being in nature of capital, personal, advertisement expenditure etc in specified format Clause – 21(a) Nature Sl. No. Particulars Amount (in Rs) CA Deepak Maheshwari, Indore

20. i) Payment to Non resident without deduction of tax A. Details of payment on which tax is not deducted: Date of Payment Amount of PaymentNature of payment Name and Address of the Payee (i)(ii)(iii)(iv) Clause - 21{b} 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) Date of Payment Amount of Payment Nature of payment Name and Address of the Payee Amount of Tax deducted (i)(ii)(iii)(iv)(v) Amounts inadmissible under section 40(a):- CA Deepak Maheshwari, Indore

21. Clause - 21{b} ii) Payment to resident without deduction of tax (A) Details of payment on which tax is not deducted: Date of Payment Amount of Payment Nature of payment Name and Address of the Payee Amount of Tax deducted (i)(ii)(iii)(iv)(v) (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. Date of Payment Amount of Payment Nature of payment Name and Address of the Payee Amount of Tax deducted Amount out of (v) deposited, of any (i)(ii) (iii) (iv)(v)(vi) CA Deepak Maheshwari, Indore

22. (iii) under sub-clause (ic) [Wherever applicable] FBT (iv) under sub-clause (iia) Wealth Tax (v) under sub-clause (iib) Royalty from State Government undertaking (vi) under sub-clause (iii) Salary to NRI without TDS Date of PaymentAmount of PaymentName and Address of the Payee (i)(ii)(iii) Details as under: (vii) under sub-clause (iv) Payment to employee’s benefit fund TDS not insured (viii) under sub-clause (v) Tax paid on non monetary perquisites CA Deepak Maheshwari, Indore

23. Clause - 21{d} 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 a/c payee cheque or a/c payee bank draft If not, please furnish the details: (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): Serial numberDate of payment Nature of payment AmountName and Permanent Account Number of the payee, if available CA Deepak Maheshwari, Indore

25. Clause -28 & 29 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. 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. CA Deepak Maheshwari, Indore

27.  Determination of FMV is as per Rule 11U & 11UA  Information to be called from assessee regarding FMV valuation.  Added for the purpose of reporting transaction of companies known as briefcase company CA Deepak Maheshwari, Indore

28. Clause -31 (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 (269SS, 269T) CA Deepak Maheshwari, Indore

29.  Requirement of obtaining certificate from assessee has been removed  Now reporting to be made on the basis of examination of books & other relevant documents CA Deepak Maheshwari, Indore

30. Clause-32(c) & 32 (d) (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. CA Deepak Maheshwari, Indore

32. 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. Clause -32(e) CA Deepak Maheshwari, Indore

33.  Reporting for speculation loss of companies which makes trading of shares of other companies i.Exclusion for the companies whose GTI mainly consist of interest on securities, Income from House property, Capital gain & other sources. ii.Whose principal business is banking or giving loans & advances. iii.Finance Act 2014 has amended this section and exclusion is also made applicable for the companies whose principal business is share trading CA Deepak Maheshwari, Indore

34. Clause -33 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. Section-wise details of deduction, if any, admissible under Chapter VIA or Chapter III (Sec. 10A, Sec. 10AA) CA Deepak Maheshwari, Indore

36. Clause-34 (a) Whether the assessee is required to deduct or collect tax as per the provisions of Chapter XVII-B or Chapter XVII-BB, if yes please furnish : TANSec. Nature of Payment Total amount of Payment or Receipt of the nature specified in Col. 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 ded. Or coll. Out of (6) Total amount on which tax was deducted or collected at less than specified rate out of (7) Amount of tax deducted or collected 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) BPL…194AINTEREST10000075000500005,000250001250NIL CA Deepak Maheshwari, Indore

37. 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 : 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. (1)(2)(3)(4)(5) CA Deepak Maheshwari, Indore

38. Clause-34 (c) whether the assessee is liable to pay interest under section 201(1A) or section 206C(7).If yes, please furnish: TAN Amount of Interest Payable Amount paid out of Col. (2) Date of Payment (1)(2)(3)(4) CA Deepak Maheshwari, Indore

40. Clause -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); (c) Amount of reduction as referred to in section 115-O(1A)(ii); (d) Total tax paid thereon; (e) Dates of payment with amounts CA Deepak Maheshwari, Indore

42. Clause-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. Clause- 38 CA Deepak Maheshwari, Indore

43. 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. Clause-39 CA Deepak Maheshwari, Indore

45. Clause - 40 Details regarding turnover, gross profit, etc., for the previous year and preceding previous year : Serial numberParticulars Previous year Preceding 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 CA Deepak Maheshwari, Indore

47. Clause - 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. CA Deepak Maheshwari, Indore

49. Thanks & Best Wishes For HECTIC AUDIT SEASON AHEAD CA Deepak Maheshwari, Indore