Wait is over!! CARO 2015 Notified, but should it be more comprehensive??

CA Vijay Bansal

MCA has notified the Companies (Auditor’s Report) Order, 2015 (CARO, 2015) on 10^th April, 2015. There was a lot of debate amongst professionals as to whether CARO will be applicable for the audit of the financial year 2014- 15.  MCA has finally ended the debates by notifying CARO.

It has been notified under section 143(11) of the Companies Act, 2013 which provides that auditor’s report shall include a statement on such matters as may be specified therein by the Central government in consultation with National Financial Reporting Authority. Earlier, it was to be provided as per section 227(4A) of the Companies Act, 1956.

CARO-2015 will be applicable for the financial year commencing on or after 1^st April, 2014

Applicability    CARO, 2015 shall apply to every company including a foreign company as defined u/s 2(42)[3] of Act, 2013.

Exceptions

i.     banking company

ii.     an insurance company

iii.     Section 8 Company

iv.     One Person Company

v.     Small company

vi.     Private limited company

-with a paid up capital and reserves not more than Rs 50 lakh;

and

which does not have loan outstanding exceeding Rs. 25 lakh from any bank or financial institution;

and

does not have a turnover exceeding Rs 5 crore at any point of time during the FY.

Matters to be reported

1. Reporting on maintaining, verifying and disposing off the fixed assets

(a) whether the company is maintaining proper records showing full particulars, including quantitative details and situation of fixed assets;

(b) whether these fixed assets have been physically verified by the management at reasonable intervals; whether any material discrepancies were noticed on such verification and if so, whether the same have been properly dealt with in the books of account;

2. Physical Verification and maintenance of records of Inventories

(a) whether physical verification of inventory has been conducted at reasonable intervals by the management;

(b) are the procedures of physical verification of inventory followed by the management reasonable and adequate in relation to the size of the company and the nature of its business. If not, the inadequacies in such procedures should be reported;

(c) whether the company is maintaining proper records of inventory and whether any material discrepancies were noticed on physical verification and if so, whether the same have been properly dealt with in the books of account;

3. Reporting on repayment of loans granted by the Company

Whether the company has granted any loans, secured or unsecured to companies, firms or other parties covered in the register maintained under section 189 of the Companies Act. If so,

(a) whether receipt of the principal amount and interest are also regular; and

(b) if overdue amount is more than rupees one lakh, whether reasonable steps have been taken by the company for recovery of the principal and interest;

4. Internal control System

Is there an adequate internal control system commensurate with the size of the company and the nature of its business, for the purchase of inventory and fixed assets and for the sale of goods and services. Whether there is a continuing failure to correct major weaknesses in internal control system.

5.  Acceptance of deposits

In case the company has accepted deposits, whether the directives issued by the Reserve Bank of India and the provisions of sections 73 to 76 or any other relevant provisions of the Companies Act and the rules framed there under, where applicable, have been complied with? If not, the nature of contraventions should be stated; If an order has been passed by Company Law Board or National Company Law Tribunal or Reserve Bank of India or any court or any other tribunal, whether the same has been complied with or not?

6.  Cost Records

Where maintenance of cost records has been specified by central Government under sub-section (l) of section 148 of the Companies Act, whether such accounts and records have been made and maintained.

7.  Payment of applicable taxes

(a) is the company regular in depositing undisputed statutory dues including provident fund, employees’ state insurance, income-tax, sales-tax, wealth tax, service tax, duty of customs, duty of excise, value added tax cess and any other statutory dues with the appropriate authorities and ii not, the extent of the arrears of outstanding statutory dues as at the last day of the financial year concerned for a period of more than six months from the date they became payable, shall be indicated by the auditor.

(b) in case dues of income tax or sales tax or wealth tax or service tax or duty of customs or duty of excise or value added tax or cess have not been deposited on account of any dispute, then the amounts involved and the forum where dispute is pending shall be mentioned. (A mere representation to the concerned Department shall not constitute a dispute)

(c) whether the amount required to be transferred to investor education and protection fund in accordance with the relevant provisions of the Companies Act, 1956 (1 of 1956) and rules made thereunder has been transferred to such fund within time.

8. Accumulated losses

Whether in case of a company which has been registered for a period not less than five years, its accumulated losses at the end of the financial year are not less than fifty per cent of its net worth and whether it has incurred cash losses in such financial year and in the immediately preceding financial year;

9. Default in repayment of dues

Whether the company has defaulted in repayment of dues to a financial institution or bank or debenture holders? If yes, the period and amount of default to be reported.

10. Guarantee for loan taken

Whether the company has given any guarantee for loans taken by others from bank or financial institutions, the terms and conditions whereof are prejudicial to the interest of the company.

11. Applicability of term loan

Whether term loans were applied for the purpose for which the loans were obtained.

12. Reporting of fraud

Whether any fraud on or by the company has been noticed or reported during the year; If yes, the nature and the amount involved is to be indicated.

CARO, 2015 has only 12 points as against 21 points in CARO, 2003. In fact some of the major points which needs exhaustive reporting is deleted. Some of the points which are very critical from stakeholder’s point of view and is missed are:-

1. Whether adequate documents and records are maintained in a case where the company has granted loans and advances on the basis of security by way of pledge of shares, debentures and other securities: if not, the deficiencies is to be pointed out;
2. Whether the funds raised on short-term basis have been used for long-term investment, if yes the nature and amounts to be indicated;
3. Whether the management has disclosed on the end use of the money raised by public issues and the same has been verified.

However one of the welcoming change of CARO, 2015 is now auditor has to state reasons for unfavourable or qualified answers given against each point which increases the reliability of report.

Where, in the auditor’s report, the answer to any of the questions referred above is unfavorable or qualified, the auditor’s report shall also state the reasons for such unfavorable or qualified answer, as the case may be.

Where the auditor is unable to express any opinion in answer to a particular question, his report shall indicate such fact together with the reasons why it is not possible for him to give an answer to such question.

Any Contrary view is welcomed.

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