In case of assessee who has to obtained and upload Audit Report under section 44AB of the Income Tax Act, 1961 has to file income Tax Return for the same previous year. As there are some information or data which are same in Income Tax Return and in Tax Audit Report. So assessee has to take care about the data or information which is available or mentioned in Tax Audit Report should be considered in filling the Income Tax Return.
Here I have tried to reconcile the Income Tax Return form 3 with Tax Audit Report. I have tabulated these clauses in Income Tax Return with corresponding clause in Tax Audit Report.
Reading sequence is as below:
At first In ITR 3 column, I have given the clauses in ITR 3. Opposite to it, I have stated corresponding clauses in Tax Audit Report relating to this clause. For e.g. in ITR 3, there is clause of Audit Information. Opposite to it, there is corresponding clause no. that is Form 3CD- 11a. It means In form 3CD 11a, we can get information relating to clause Audit Information of ITR -3. I have just mentioned clause no in Tax Audit Report. Detail discussion of each clause in Tax Audit Report is not subject of this discussion.
| ITR 3 | TAX AUDIT REPORT [TAR]
Clauses in TAR to be referred |
||
| Sr no | Clause No | ||
| 1 | I | Part A – General | Form 3CB – Point 1, Form 3CD Part A |
| Name, PAN, Address | Form 3CB – Point 2 and Point 1 | ||
| Assessment Year | Form 3CD Part A Point – 7 | ||
| 2 | 2 | Audit Information | |
| [a1] Are you liable to maintain accounts as per section 44 AA ? | Form 3CD – 11a | ||
| [a2i] If no, Whether during the year Total sales / turnover / gross receipts of business exceeds Rs. 1 crores but does not exceeds Rs. 5 crores ? | Form 3CD – 40a | ||
| [b] Are you liable for audit under section 44 AB ? | Form 3CD – 8 | ||
| [c] [1] Date of furnishing of the audit report ?
[2] Name of the auditor signing the tax audit report ? [3] Membership No of the Auditor [4] Name of the auditor [5] Proprietorship / firm reg no [6] Permanent Account No [ PAN] / Adhar no of the proprietorship / firm [7] Date of report of the audit |
Form no 3CB and Form No 3CD [ At signature place where audit signs and other details are stated here. ] |
||
| [d] [ii] if liable to audit under any Act other than the Incometax Act, mention the Act, section and date of furnishing the audit report ? | Form No 3CA | ||
| 3 | 3 | NATURE OF BUSINESS | Form 3CD – 10a |
| 4 | Part A BS
Part A Manufacturing Account Part A Trading Account Part A – P & L Presumptive Income cases 61 Computation of Presumptive Business Income under section 44AD 62 Computation of Presumptive Business Income under section 44ADA 63 Computation of Presumptive Business Income under section 44AE |
Refer Audited Balance sheet
Refer Audited Mfg Account Refer Audited Trading Account Refer Audited P and L Account Form 3CD, Point 12 Form 3CD, Point 12 Form 3CD, Point 12
|
|
| 5 | OTHER INFORMATION
[Mandatory in Audit Cases] |
||
| OI1 | Method of Accounting employed in the previous year | Form 3CD – 13a | |
| OI2 | Is there change in method of accounting | Form 3CD – 13b | |
| OI3a
3b |
Increase in Profit or Increase in loss because of deviation, if any as per ICDS
Decrease in Profit or Decrease in loss because of deviation, if any as per ICDS |
Form 3CD – 13d
Form 3CD – 13e |
|
| OI4 | Method of closing stock employed in the previous year
[ a to e clause ] |
Form 3CD – 14a
Form 3CD – 14b |
|
| OI 5 | Amounts not credited to profit and loss account, being | ||
| 5a
5b 5c 5d 5e |
The items falling within the scope of section 28
The proforma credits, drawbacks, refund of duty of customs or excise or service tax, or refund of sales tax etc Escalation claims accepted during the previous year. Any other items of income Capital receipts, if any |
Form no 3CD 16a
16b 16c 16d 16e |
|
| OI 6 | Amounts debited to profit and loss account, to the extent disallowable under section 36 due to non fulfillment of conditions specified in relevant clauses | ||
|
6c
6k |
Any sum paid to an employee as bonus or commission for services rendered, where such sum was otherwise payable to him as profits or dividend [ 36[1][i] ]
Any sum received from employees as contribution to any provident fund or superannuation fund or any fund set up under ESI Act or any other fund for the welfare or employees to the extent not credited to the employees account on or before due date [ 36[1][va] ] |
Form no 3CD 20a
Form no 3CD 20b
|
|
| OI 7 | Amounts debited to profit and loss account, to the extent disallowable under section 37 | ||
| [a]
[b] [c] [d] |
Expenditure of capital nature [ 37[1]]
Expenditure of capital nature [ 37[1]] Expenditure laid out or expended wholly and exclusively not for the purpose of business [ 37[1]] Expenditure on Advertisement, in any souviner, brochure, tract, pamphlet or the like, published by a political party [37[2B] |
Form no 3CD 21 a
Form no 3CD 21 a Form no 3CD 21 a Form no 3CD 21 a |
|
| OI8A | Amounts debited to the profit and loss account, to the extent disallowable under section 40 | ||
| [a]
[b] [c] [d] [e] [f] [g] [h] [i] |
Amount disallowable under section40[a][i]. on account of non compliance with the provisions of Chapter XVII-B Amount disallowable under section40[a][ia]. on account of non compliance with the provisions of Chapter XVII-B Amount disallowable under section40[a][ib]. on account of non compliance with the provisions of Chapter VII of the Finance Act, 2016 Amount disallowable under section40[a][iii]. on account of non compliance with the provisions of Chapter XVII-B Amount of tax or rate levied or assessed on the basis of profits [40[a][ii] Amounts paid as wealth tax [ 40[a][iia] Amount paid by way of royalty, license fee, service fee etc. as per section 40 [a][iib] Amount of interest, salary, bonus, commission or remuneration paid to any partner or member inadmissible under section [40[b]/40[ba] ] Any other disallowances |
Form no 3CD 21 b[i] Form no 3CD 21 b[ii] Form no 3CD 21 b[iii] Form no 3CD 21 b[vii] Form no 3CD 21 b[v] Form no 3CD 21 b[vi] Form no 3CD 21 c Form no 3CD 21 b[iv],[vii],[viii],[ix] |
|
| OI9 | Amounts debited to the profit and loss account, to the extent disallowable under section 40A | ||
| [a]
[b] [c] [d] |
Amounts paid to persons specified in section 40A[2][b]
Amount paid otherwise than by account payee cheque or account payee bank draft or use of electronic clearing system through a bank account or through such electronic mode as may be prescribed, disallowable u/s 40A[3] Provisions for payment of Gratuity [ 40A[7] Any sum paid by the assessee as an employer for setting up or as contribution to any fund, trust, company, AOP or BOI or society or any other institution[ 40A[9] ] |
Form no 3CD 23
Form no 3CD 21dA Form no 3CD 21e Form no 3CD 21f
|
|
| OI10 | Any amount disallowed under section 43B in any preceding previous year but allowable during the previous year |
Form no 3CD 26A
|
|
| OI11 | Any amount debited to profit and loss account fo the previous year but disallowable under section 43B |
Form no 3CD 26B
|
|
| OI12 | Amount of credit outstanding in the accounts in respect of Excise duty. Service tax, vat sales tax, CGST, SGST, IGST, UTGST |
Form no 3CD 26C and 27a
|
|
| OI13 | Amounts deemed to be profits and gains under section 33AB or 33ABA | Form no 3CD 24 | |
| OI14 | Any amount of profit chargeable to tax under section 41 | Form no 3CD 25 | |
| OI15 | Amount of income or expenditure or prior period credited or debited to the profit and loss account [net ] | Form no 3CD 27b
|
|
| 6 | QD | QUANTITATIVE DETAILS | |
| [a]
[b] |
In the case of Trading Concerns
In the case of Manufacturing concern |
Form no 3CD 35
Form no 3CD 35b |
|
| 7 | SCHEDULES TO THE RETURN FORM | ||
| 8 | SCH S | Details of income from Salary | Form no 3CD 16d |
| 9 | SCH HP | Details of Income from House Property | Form no 3CD 16d |
| 10 | SCH BP | Computation of income from business or profession | |
| 4a
5 11 12 |
Profit or loss included in 1, which is referred to in section 44AD/44ADA/44AE/44BB/44BBA/44DA
Income credited to Profit and Loss account [ included in 1] which is exempt Depreciation and amortization debited to profit and loss account Depreciation allowable under Income tax act. |
Form no 3CD 12
Form no 3CD 16d
Form no 3CD 18 Form no 3CD Annexure A Depreciation schedule. |
|
| 11 | Sch DPM DOA DEP | Depreciation on Plant and Machinery | Form no 3CD Annexure A Depreciation schedule. |
| 12 | SCH CG | Capital Gain | Form no 3CD 16e
|
| 13 | SCH OS | Income from other sources | Form no 3CD 29Ba |
| 14 | SCH CYLA | Details of Income after set off of current years losses | Form no 3CD 32a,b,c,e,e. |
| 15 | SCH BFLA | Details of income after set off of Brought Forward Losses of earlier years. | Form no 3CD 32a,b,c,e,e. |
| 16 | SCH ICDS | Effect of Income Computation Disclosure Standards on profit | Form no 3CD 13 d,e,f. |
| 17 | SCH 80 G | Details of Donations entitled for deduction under section 80G | Form no 3CD 33. |
| 18 | SCH VIA | Deductions under Chapter VI-A | Form no 3CD 33. |
| 19 | SCH EI | Details of Exempt Income | Form no 3CD 16d. |
| 20 | SCH TPSA | Details of Tax on secondary adjustments as per section 92CE[2A] | Form 3CD– 30 Aa |
| 21 | SCH GST | Information regarding Turnover / Gross Receipts reported for GST | Form no 3CD – 4 |
| 22 | Verification | Form 3Cd – Part A
1,2,3 |
The importance of the Tax Audit Report is such that, data or figure mentioned in TAR is audited. So government naturally prima facie keep trust on it and consider for Income tax computation. So if there is difference in figure quoted in Income Tax Return and Tax Audit Report, then in such situation figure quoted in Tax Audit Report will considered by Income Tax Department for Income computation purpose. So one can get intimation u/s 143[1][a] on that basis. For eg. In Tax Audit Report in clause 21c, amount debited profit and loss account being interest, salary, remuneration etc is inadmissible u/s 40[b]/[ba] of the Income Tax Act is Rs. 100,000/. But in Income Tax Return, if assessee did not mentioned this amount in clause 8A[h] of Other information. Then in such case, Amount quoted in Tax Audit Report in Clause 21c will considered and inadmissible amount Rs. 100,000/ will be added to income of the assessee though it is not mentioned in the Income Tax Return.
It is the duty of the Tax Consultants, to explain the effect of Tax Audit Report clauses on Income Tax liability to the Assessee.
Here I have consider ITR 3 only so Clauses of ITR 5 and other returns are not discussed here.
So, it is utmost important to first study the Tax Audit Report before filing of Income Tax Return because it will avoid unnecessary litigation to the assessee.
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Disclaimer: Above discussion is made for general information purpose. Please go through and let me know, if there is any error or omissions or other views, if possible which will helpful to all professionals. Thanks.
CA Shirish Vinchurkar,- Chartered Accountants. Chalisgaon Maharashtra. [email protected]
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