The Companies (Cost Audit Report) Rules, 2011

NOTIFICATION G.S.R. 430(E)

[F.NO. 52/10/CAB-2010], DATED 3-6-2011

G.S.R. 430(E)- In exercise of the powers conferred by clause (b) of sub-section (1) of section 642 read with sub-section (4) of section 233B, and sub-section (1) of section 227 of the Companies Act, 1956 (1 of 1956), and in supersession of the Cost Audit Report Rules, 2001, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely :—

1. Short Title and Commencement – (1) These rules may be called The Companies (Cost Audit Report) Rules, 2011.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions and Interpretations – In these rules, unless otherwise so provided,—

(a)  “Act” means the Companies Act, 1956 (1 of 1956);

(b)  “Cost Auditor” means an auditor appointed to conduct an audit of cost records, under sub-section (2) of section 233B of the Act;

(c) “Form-I” means the Form prescribed in these rules for filing cost audit report and other documents with the Central Government in the electronic mode;

(d)  “Form-II” means the Form of the cost auditor’s report and includes auditor’s observations and suggestions, and Annexure to the cost audit report;

(e) “Form-III” means the Form of the performance appraisal report;

(f)  “Product” means any tangible or intangible goods, material, substance, article, idea, know-how, method, information, object, service, etc. that is the result of human, mechanical, industrial, chemical, or natural act, process, procedure, function, operation, technique, or treatment and is intended for use, consumption, sale, transport, store, delivery or disposal.

(g)  “Product Group” in relation to tangible products means a group of homogenous and alike products, produced from same raw materials and by using similar or same production process, having similar physical or chemical characteristics and common unit of measurement, and having same or similar usage or application; and in relation to intangible products means a group of homogenous and alike products or services, produced by using similar or same process or inputs, having similar characteristics and common unit of measurement, and having same or similar usage or application;

(h)  “Report” means cost audit report duly audited and signed by the cost auditor in the prescribed form of cost audit report;

(i)  All other words and expressions used in these rules but not defined, and defined in the Act and rules made under clause (d) of sub-section (1) of section 209 and sub-section (4) of section 233B of the Act shall have the same meanings as assigned to them in the Act or rules, as the case may be.

3. Application – (1) These rules shall apply to every company in respect of which an audit of the cost records has been ordered by the Central Government under sub-section (1) of section 233B of the Act.

(2) Every company as specified in sub-rule (1) shall, within ninety days of the commencement of every financial year, file an application with the Central Government seeking prior approval for appointment of the cost auditor, through electronic mode, in the prescribed form, alongwith the prescribed fee as per the Companies (Fees on Applications) Rules, 1999, and requisite enclosures.

(3) Every cost auditor appointed under sub-rule (2) shall, within thirty days of receipt of letter of appointment, inform his appointment to the Central Government through electronic mode, in the prescribed form, alongwith the requisite enclosures.

(4) Notwithstanding anything contained in sub-rules (2) and (3) above, every company and every cost auditor shall follow the procedure prescribed vide Ministry of Corporate Affairs’ General Circular No. 15/2011 [File No. 52/5/CAB-2011] dated April 11, 2011.

4. Form of the Report – (1) Every cost auditor, who conducts an audit of the cost records of the company, shall submit the report alongwith auditor’s observations and suggestions, and Annexure to the Central Government in the prescribed form and at the same time forward a copy of such report to the company.

(2) The cost audit report submitted on or after 1st day of April, 2012, irrespective of the financial year of the company to which it relates, shall be in the form prescribed under these rules.

(3) Every company as specified in sub-rule (1) of rule 3 shall, keep and maintain cost details, statements, schedules, etc. for each unit and each product or activity comprised in each product group, duly authenticated by atleast two Directors of the company and the cost auditor.

(4) The cost details, statements, schedules, etc. of every company, as specified in sub-rule (3), relating to a period of not less than eight financial years immediately preceding a financial year, or where the company had been in existence for a period less than eight years, in respect of all the preceding years shall be kept in good order :

(5) Every cost auditor, who submits a report under sub-rule (1), shall also furnish performance appraisal report, duly authenticated by the cost auditor, to the Board/Audit Committee of the company in the prescribed form.

(6) Every cost auditor, who submits a report under sub-rule (1), shall also give clarifications, if any, required by the Central Government on the cost audit report submitted by him, within thirty days of the receipt of the communication addressed to him calling for such clarifications.

5. Time limit for submission of Report – Every cost auditor shall forward his report referred to in sub-rule (1) of rule 4 to the Central Government and to the concerned company within one hundred and eighty days from the close of the company’s financial year to which the report relates.

6.Cost Auditor to be furnished with the cost accounting records etc. – Without prejudice to the powers and duties the Cost Auditor shall have under sub-section (4) of section 233B of the Act, the company and every officer thereof, including the persons referred to in sub-section (6) of section 209 of the Act, shall make available to the cost auditor, such cost accounting records, cost statements, other books and documents, and Annexure to the Report, duly completed, as would be required for conducting the cost audit, and shall render necessary assistance to the cost auditor so as to enable him to complete the cost audit and submit his report within the time limit specified in rule 5.

7. Authentication of Annexure to the Cost Audit Report – The Annexure prescribed with the cost audit report shall be approved by the Board of Directors before submitting the same to the Central Government by the cost auditor. The Annexure, duly audited by the cost auditor, shall also be signed by the Company Secretary and at least one Director on behalf of the company. In the absence of Company Secretary in the company, the same shall be signed by at least two Directors.

8. Penalties – (1) If default is made by the cost auditor in complying with the provisions of rule 4 or rule 5, he/she shall be punishable with fine, which may extend to five thousand rupees.

(2) If a company contravenes any provisions of these rules, the company and every officer thereof who is in default, including the persons referred to in sub-section (6) of section 209 of the Act, shall be punishable as provided under sub-section (2) of section 642 read with sub-sections (5) and (7) of section 209 and sub-section (11) of section 233B of Companies Act, 1956 (1 of 1956).

9. Savings – The supersession of the Cost Audit Report Rules, 2001, shall not in any way affect —

(a)  any right, obligation or liabilities acquired, accrued or incurred thereunder ;

(b)  any penalty, forfeiture or punishment incurred in respect of any contravention committed thereunder ; and

(c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and; any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if those rules had not been superseded.

Form 1

Format of Form 1 Can be Checked from Notification attached at the bottom of post:-

This e-form has been taken on file maintained by the Central Government through electronic mode and on the basis of statement of correctness given by the filing company and the cost auditor

FORM-II

FORM OF THE COST AUDIT REPORT

[See rule 2 and rule 6]

I/We, ………………………. having been appointed as Cost Auditor(s) under Section 233B of the Companies Act, 1956 (1 of 1956) of ………….……… (mention name of the company) having its registered office at ……………………………….. (mention registered office address of the company) (hereinafter referred to as the company), have audited the books of account prescribed under clause (d) of sub-section (1) of section 209 of the said Act, and other relevant records in respect of the ………………………………… (mentions name/s of product group/s) for the period/year ……………………………….. (mention the financial year) maintained by the company and report, in addition to my/our observations and suggestions in para 2.

(i)  I/We have/have not obtained all the information and explanations, which to the best of my/our knowledge and belief were necessary for the purpose of this audit.

(ii)  In my/our opinion, proper cost records, as per Companies (Cost Audit Report) Rules, 2011 prescribed under clause (d) of sub-section (1) of section 209 of the Companies Act, 1956, have/have not been maintained by the company so as to give a true and fair view of the cost of production/operation, cost of sales and margin of the product/activity groups under reference.

(iii)  In my/our opinion, proper returns adequate for the purpose of the Cost Audit have/have not been received from the branches not visited by me/us.

(iv) In my/our opinion and to the best of my/our information, the said books and records give/do not give the information required by the Companies Act, 1956, in the manner so required.

(v) In my/our opinion, the said books and records are/are not in conformity with the Cost Accounting Standards issued by The Institute of Cost and Works Accountants of India, to the extent these are found to be relevant and applicable.

(vi) In my/our opinion, company has/has not adequate system of internal audit of cost records which to my/our opinion is commensurate to its nature and size of its business.

(vii) Detailed unit-wise and product/activity-wise cost statements and schedules thereto in respect of the product groups/activities under reference of the company duly audited and certified by me/us are/are not kept in the company.

(viii)As required under the provisions of The Companies (Cost Audit Report) Rules, 2011, I/we have furnished Performance Appraisal Report, to the company, on the prescribed form.

Observations and suggestions, if any, of the Cost Auditor, relevant to the cost audit.

Dated: this __________ day of _____________ 20______

at _____________ (mention name of place of signing this report)

SIGNATURE & SEAL OF THE COST AUDITOR (S)

MEMBERSHIP NUMBER (S)

NOTES:

(1)  Delete words not applicable.

(2)  If as a result of the examination of the books of account, the Cost Auditor desires to point out any material deficiency or give a qualified report, he shall indicate the same against the relevant paras (i) to (viii) only in the prescribed form of the Cost Audit Report giving details of discrepancies he has come across.

(3)  The report, suggestions, observations and conclusions given by the Cost Auditor under this paragraph shall be based on verified data, reference to which shall be made here and shall, wherever practicable, be included after the company has been afforded an opportunity to comment on them.

ANNEXURE TO THE COST AUDIT REPORT

[See rule 2 and rule 6]

1. GENERAL INFORMATION:

1.  CIN or GLN of the company:

2.  Name of the company:

3.  Registered office address:

4.  Corporate office address:

5.  E-mail address of the company:

6.  Company’s financial year to which the Cost Audit Report relates:

7.  Name, address, membership number and e-mail of the Cost Auditor(s):

8.  SRN Number and date of Filing of Form 23C with the Central Government:

9.  Date of Board of Directors’ meeting wherein the Annexure to the cost audit report were approved:

10.  No. of Audit Committee meetings held by the company, and attended by the Cost Auditor during the (sic.)

2. COST ACCOUNTING POLICY:

(1) Briefly describe the cost accounting policy adopted by the Company keeping in view the requirements of the Companies (Cost Accounting Records) Rules, 2011, the Companies (Cost Audit Report) Rules, 2011, cost accounting standards and its adequacy or otherwise to determine correctly the cost of production/operation, cost of sales, sales realization and margin of the product/activity groups under reference separately for each product/activity group. The policy should cover, inter alia, the following areas:

(a)  Identification of cost centres/cost objects and cost drivers

(b)  Accounting for material cost including packing materials, stores and spares etc., employee cost, utilities and other relevant cost components

(c)  Accounting, allocation and absorption of overheads

(d)  Accounting for Depreciation/Amortization

(e)  Accounting for by-products/joint-products, scarps, wastage etc.

(f)  Basis for Inventory Valuation

(g)  Methodology for valuation of Inter-Unit/Inter-Company and Related Party transactions

(h)  Treatment of abnormal and non-recurring costs including classification of other non-cost items

(i)  In case the Company has adopted IFRS, variations (if any) in treatment of cost accounting arising out of adoption of IFRS in Financial Accounting

(j)  Other relevant cost accounting policy adopted by the Company

(2) Briefly specify the changes, if any, made in the cost accounting policy for the product/activity group(s) under audit during the current financial year as compared to the previous financial year.

(3) Observations of the Cost Auditor regarding adequacy or otherwise of the Budgetary Control System, if any, followed by the company.

3. PRODUCT GROUP DETAILS (for the company as a whole)

NOTES:

(1) For manufactured product groups, use the nomenclature as used in the Central Excise Act and Rules, as applicable.

(2) For service groups, use the nomenclature as used in the Finance Act/Central Service Tax Rules, as applicable.

4. QUANTITATIVE INFORMATION (for each product group separately)

5. ABRIDGED COST STATEMENT (for each product group separately)

6. OPERATING RATIO ANALYSIS (for each product group separately)

7. PROFIT RECONCILIATION (for the company as a whole)

8. VALUE ADDITION AND DISTRIBUTION OF EARNINGS (for the company as a whole)

(Rupees in Lakh)

9. FINANCIAL POSITION AND RATIO ANALYSIS (for the company as a whole)

Notes:

(1) Capital Employed means average of net fixed assets (excluding intangible assets, effect of revaluation of fixed assets, and capital work-in-progress) plus net current assets existing at the beginning and close of the financial year.

(2) Net Worth means share capital plus reserves and surplus (excluding revaluation reserves) less accumulated losses and intangible assets.

10. RELATED PARTY TRANSACTIONS (for the company as a whole)

Sl. No.	Name & Address of the Related Party	Name of the Product/ Service Group	Nature of Transaction (Sale,Purchase, etc.)	Qty.	Transfer Price	Amount	Normal Price	Basis adopted to determine the Normal Price
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20

NOTES:

(1) Details should be furnished for each sale / purchase separately.

(2) Details of Related Party transactions without indicating the Normal Price and the basis thereof shall be considered as incomplete information.

11. RECONCILIATION OF INDIRECT TAXES (for the company as a whole)

Notes:

(1) Wherever, there is any significant variation in the current year’s figure over the previous year’s figure for any item shown under each para of the Annexure to the Cost Audit Report, reasons thereof shall be given by the Cost Auditor.

(2) Wherever, duration of the current year or the previous year is not 12 (twelve) months, same shall be clearly indicated in the Report.

FORM-III

FORM OF THE PERFORMANCE APPRAISAL REPORT

Name of Company : __________________________________________ Period of Report: ___________________________________

(indicative list of areas to be covered in the report)

1.  Capacity Utilization Analysis

2.  Productivity/Efficiency Analysis

3.  Utilities/Energy Efficiency Analysis

4.  Key-Costs & Contribution Analysis

5.  Product/Service Profitability Analysis

6.  Market/Customer Profitability Analysis

7.  Working Capital & Inventory Management Analysis

8.  Manpower Analysis

9.  Impact of IFRS on the Cost Structure, Cash-Flows and Profitability

10.  Application of Management Accounting Tools

Notes:

1. Areas included in this form are indicative; these are to be included/excluded depending upon the size/scale and type of operations, nature of the industry, management requirements, etc.

2. Frequency of this report viz. half yearly/annual to be decided by the Company Management.

Download  Notification From the Link Given Below:- Revised_Report_Rules_03 jun11