Applicability of Cash Flow Statement, CARO (2016 & 2020) & Internal Financial Control

Applicability of Cash Flow Statement: –

According to Section 2(40) of Companies Act, 2013, The Financial statements of a company include Cash Flow Statement. Cash Flow Statement is governed by The Companies (Accounting Standards) Rules, 2006 (AS 3) and The Companies (Indian Accounting Standards) Rules, 2015 (Ind AS 7), as applicable.

The following companies are given exemption from filing Cash Flow Statement: –

• One Person Company
• Dormant Company
• Small Company

Applicability of The Companies (Auditor’s Report) Order: –

The Companies (Auditor’s Report) Order, 2016 would be applicable upto FINANCIAL YEAR 2020-21.

The CARO, 2016 would not be applicable to the following companies: –

• A Banking Company as per section 5(c) of The Banking Regulation Act, 1949.
• An Insurance Company as per The Insurance Act, 1938.
• A Company licensed to operate under Section 8 (Company with charitable purpose).
• One Person Company
• Small Company
• A Private Company not being a subsidiary or holding company of a Public company

> Having Paid up capital and reserves and surplus upto one crore rupees.

> Having borrowings upto one crore rupees.

> Which does not have a total revenue as disclosed in Scheduled III to the Companies Act (including revenue from discontinuing operations) exceeding ten crore rupees during the financial year.

According to order number S.O. 849(E) of MCA dated 25^th March, 2020 read along with order number S.O. 4588(E) of MCA dates 17^th December, 2020, The Companies (Auditor’s Report) Order, 2020 would be applicable from 1^st April, 2021.

The CARO, 2020 would not be applicable to the following companies: –

• A Banking Company as per section 5(c) of The Banking Regulation Act, 1949.
• An Insurance Company as per The Insurance Act, 1938.
• A Company licensed to operate under Section 8.
• One Person Company
• Small Company
• A Private Company not being a subsidiary or holding company of a Public company

> Having Paid up capital and reserves and surplus upto one crore rupees.

> Having borrowings upto one crore rupees.

> Which does not have a total revenue as disclosed in Scheduled III to the Companies Act (including revenue from discontinuing operations) exceeding ten crore rupees during the financial year.

Applicability of Internal Financial Control: –

Reporting of Internal Financial Control shall be as per section 143(3)(i) of Companies Act, 2013 and Rule 10A of The Companies (Audit & Auditors) Rules, 2014.

Reporting on Internal Financial Control is applicable to all companies except: –

• One Person Company
• Small Company
• A Private company whose turnover is less than fifty crores as per latest audited financial statement.
• A Private company whose borrowing from banks, financial institutions or body corporate is less than twenty-five crores.

Definitions: –

One Person Company: –

According to section 2(62), One Person Company means a company which has only one person as a member.

Small Company: –

According to section 2(85), Small company means a company, other than public company whose

(i) Paid up share capital of which does not exceed fifty lakh rupees or such higher amount as may me prescribed which shall be not be more than ten crore rupees.

(ii) Turnover of which as per profit and loss account for the immediately preceding financial year does not exceed two crore rupees or such higher amount as may be prescribed which shall not be more than one hundred crore rupees.

Provided that nothing shall apply to –

[A] a holding or a subsidiary company

[B] a company registered under section 8

[C] a company or body corporate governed by any special Act.

Dormant Company: –

According to section 455(1) of Companies Act, 2013, Where a company is formed and registered under this Act for a future project or to hold an asset or intellectual property and has no significant accounting transaction, such a company or an inactive company may make an application to the Registrar in such manner as may be prescribed for obtaining the status of a dormant company.

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Details of Authors:

(Authors are associated with Ahemdabad based CS firm GOVIL RATHI & ASSOCIATES)

(Republished with Amendments)