The utility for uploading Audit report under section 44AB in Form 3CB/3CD is changed on the department’s site within a period of less than one month from its first introduction. In this article we are not very critical about this re-introduction of the utility because the utility given by them this time is much better than the earlier one and it includes some important suggestions given by the professional fraternity after using the previous utility.
First of all the appearance of the latest utility is very good as compared to its earlier counterpart and further many more useful drop down facilities have been provided, which has increased the user friendly status of the utility and also filling of form have become more easier and less time consuming. Despite of all these admirable features of the new utility we have noticed certain mistakes while working with this new utility and these mistakes require immediate attention of the concerned persons/authorities so that the Chartered Accountants throughout the country can perform their duty to upload the audit report efficiently and within time.
There is a clause No. 9 (a) of the Form 3CD and in this clause is about the Books of accounts prescribed for the assessee under section 44AA and after that clause 9(b) is about Books of accounts maintained by the assessee and clause 9(c) is about Books of accounts examined by the CA. There are two options in clause 9(a) – Yes or No in a drop down Box. If you select ‘NO’ then you will not be able to fill any details in clause 9(b) and clause 9(c), which is not correct position.
See here as per section 44AA of the Income Tax Act, 1961 the CBDT has the right to prescribe the Books of accounts for certain profession and as per rue 6F read with section 44AA the Books of accounts has been prescribed for legal, medical, engineering professions architectural, accountancy, technical consultancy, interior decoration, authorized representatives, film artists, company secretary and information technology professionals and for “other professions (other than mentioned above) and for whole of the Business sector”, no Books of accounts have been prescribed by the CBDT. Now if you select “No” (in case of other professions for which no Books of accounts have been prescribed by the Board and for whole the Business sector) in clause No.9 (a) then the “Add row” Button of 9b and 9c will become inactive and you will not be able to fill 9b- Books of accounts maintained and 9c – Books of accounts Examined.
We have captured the screen shots of both the situation and the same are being presented on the Next page and the same will clear the picture before the readers. Since all the three questions as contained in clause No. 9(a), 9(b) and 9(c) are independent to each other hence even though the answer of clause No.9 (a) is negative (No Books of Accounts have been prescribed) , the answers of clause No.9(b) and 9(c) are to be given in the form of Books of accounts maintained by the assessee and Books of accounts examined by the CA . So a rectification in the utility is urgently required.
Here see that the Form 3CD is not separately prescribed for each type of assessee i.e. all the assessees whether Individual/HUF/Firm/Company etc. have to use the same Form and clause No. 25(b) is applicable to company assessees only hence in drop down Box there should be an option for other assesses to fill “Not Applicable” (N.A.) . See here in the Form 3CD utility which was introduced earlier there was N.A. option under this clause which is missing this time. Though it may not make a big difference but since the Form is a statutory form hence the correction in the utility should be done.
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