Article is first part of series of articles in which Author will Analyse Form 3CA, Form 3CB and Form 3CD related to Tax Audit under Income Tax Act, 1961-
1. Form 3CA – Audit Report under Section 44AB in a case where the accounts of the business or profession of a person have been audited under any other law
2. Form 3CB – Audit Report under Section 44Ab in the case of a person referred to in clause (b) of sub-rule (1) of rule 6G
3. Form 3CD – Statement of particulars required to be furnished under Section 44AB
Part 1:
Analysis of Form No. 3CA
S.No. | Heading | Side Heading | Explanation | |
Applicability Tax Audit report in Form No. 3CA is applicable, where a person having business/profession, is required to get its accounts audited under any law (eg, Statutory Audit under the Companies Act, 2013/LLP Act, 2008). |
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Example
In case of company, which follows April-March period as its financial year, the Tax Audit report would in Form No. 3CA, if the Tax Audit is applicable to it. However, in case of partnership firm or proprietary concern, which is not required to get their accounts audited under any other Law, Tax Audit report would be in Form No. 3CB. In case of LLP following April-March as its financial year and if it is required to get its account audited under the LLP Rules, 2009, then the Tax Audit report would be in Form No. 3CA. However, if it is not required to get its accounts audited under the LLP Rules, then Form No. 3CB would be applicable. It may be noted that under r 24 of the LLP Act, audit is mandatory in case the LLP whose turnover in the relevant financial year exceeds Rs 40 lakh or whose contribution exceeds Rs 25 lakh. |
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Other points
The Tax Audit report is now mandatorily required to be uploaded on e-filing portal. |
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Format:
Form No. 3CA consists of three paragraphs |
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Para 1
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Analysis
In case, the Tax Auditor is different from the statutory auditor, then the Tax Auditor needs to mention the name of statutory auditor. However, if the Tax Auditor also happens to be the statutory auditor, then the fact that he has conducted the statutory audit should be mentioned. |
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Newly set up business:
The beginning period of profit and loss account should be carefully mentioned in case of business newly set up during the year. In this regard, the Tax Auditor should obtain the information regards, the date of incorporation, date of commencement of business, etc, and then decide the period of profit and loss account/income and expenditure account. |
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Business closed before 31 March
In case the business was closed before 31 March and books were prepared till the close of business, then in such a case, the Tax auditor should report the period till the closing date, instead of 31 March. |
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Para 2
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Para 3
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Analysis: | ||||
It may be noted that with the amendment in Form No. 3CA, all the observations/qualifications are now required to be mentioned on the face of the Form No. 3CA under para 3. The purpose of giving observations/qualifications along with the opinion is to make the Audit Report comprehensive so that the Assessing Officer and other users of Tax Audit report can understand the impact of observations/qualifications.
Where any of the requirements in this Form is answered in the negative or with qualification, give reasons therefor. |
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True and correct
Usage of words ‘True and Correct’ lay emphasis on factual accuracy of the particulars/information given in Form No. 3CD. Further, the expression also implies completeness and correctness of the information given in the said form. Particulars should be furnished in the respect of material items and the Tax Auditor should ensure factual accuracy relating to these particulars. |
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Signing of FORM 3CA | |||
Form No. 3CA is required to be signed by the Tax Auditor. In case, the appointment is in the name of the Firm/LLP, the partner may sign on behalf of such Firm/LLP. However, in such case, name of the concerned firm/LLP should be mentioned and the status or capacity in which the Tax Audit report signed by the Chartered Accountant (as a proprietor/partner) should be clearly brought out.
> Membership number > Registration number of the firm |
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SA 700 | |||
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