CA Sudhir Halakhandi

After writing few articles of the intricacies of the E-filing of Tax audit report we are receiving regular queries from various fellow professionals , out of which we have selected some of the common questions which are being answered here for the benefit of other readers and fellow professions.

Q.1:- Why we have to E-file the Balance sheet and profit and loss account. Is there any circular or notification in this respect out of which the requirement of E-filing the Balance sheet and profit and loss account has emerged.

The requirement to E- file the audit report u/s 44AB is mentioned in the proviso of  Rule 12(2) of the Income tax rules 1962. Further in case of Form 3CB or 3CA (the tax audit report u/s 44AB) , the Form 3CB or the Form 3CA itself mentioned in its body that Profit and loss account and Balance sheet are attached with it hence there is no requirement to issue separate notification, rule or circular to make it mandatory to e-file the Balance sheet and profit and loss account. Let us see the exact language in Form 3CB:-

 FORM NO. 3CB

AUDIT REPORT UNDER SECTION 44AB OF THE INCOME TAX ACT, 1961

IN THE CASE OF PERSON REFFERED TO IN CLAUSE (b) OF SUB-RULE (1) OF RULE 6G

We have examined the BALANCE SHEET as on, _________,  and the PROFIT AND LOSS ACCOUNT / income and expenditure account for the period beginning from __________ to ending on _________, attached herewith, of ____________(name), ___________(address), ______________(Permanent Account Number).

Q.2:- Is it possible to file the ITR first and then e-file the audit report? What should be the exact sequence of the actions in this respect?

When one goes through the information required to be filled the ITR and there is a column in the ITR which requires the “date of furnishing the audit report”. Hence first you have to E-file the audit report and then it has to be approved by the assessee and ITR can be filed by the assessee thereafter. This should be the exact sequence.

Q.3:- How to allow the CA to file required form on behalf of the assessee?

There is a facility available, wherein, by adding your CA, he would be able to file the required form on behalf of the assessee. Following steps needs to be followed –

  • Assessee should log in to the e-filing portal;
  • Navigate My Account > My CA / ERI;
  • Click My Chartered Accountant;
  • Click on Add;
  • Provide the Membership Number of CA, Name of the CA, Form Name to be allowed to be filed by CA, Assessment Year;
  • Submit the above details

On submission of above details, the CA would able to file the forms selected for the selected assessment year on behalf of the assessee.

Q.4:-How can we take the printing of Form 3CB/3CD because the utility does not provide the facility of printing the form. We have been suggested to take the print from the account of the assessee in his work list but there is a problem about his password because we are not filing the ITR on behalf of the assessee and he is taking services of some other professionals in this respect.

There is no need to have pass word of the assessee to get the uploaded Form 3CB/3CD because these are also available in the account of the CA also and for this purpose you need the PAN and DOB of the assessee.  For this purpose you have to Login in As CA, then go to My Account→ view Forms and you will get the following screen, fill the required details and you will the required Forms in printable format.

orm 3CB or 3CD

Since at the time of opening of the Form 3CD/3CB , the PAN and DOB of the assessee will be required and by filling these two you can open and print the forms. So there is no need to have the Pass word of the assessee to take the printout of the Form 3CD/3CB.

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-CA Sudhir Halakhandi  -CA Abhas Halakhandi

“Halakhandi”, Laxmi Market, Beawar-305901(Raj)

Cell- 9828067256, MAIL [email protected]

(Republished With Amendments)

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26 Comments

  1. AJAYGHOSH T S says:

    I have a doubt. First time I have done some F&O trading and came out in big loss. So I have to get my account audited by a CA for tax purpose. Once the audit is conducted and filed the return, Is there any compulsory tax audit required in subsequent years even though I am not eligible for audit?

  2. Shubham says:

    WHETHER REVISED TAX AUDIT REPORT U/S 44AB CAN BE FILED BY ANOTHER AUDITOR WHO HAS NOT THE ORIGINAL TAX AUDIT REPORT?

    URGENT ANSWER REQUIRED

  3. AKSHAY BHAGAT says:

    WHETHER REVISED TAX AUDIT REPORT U/S 44AB CAN BE FILED BY ANOTHER AUDITOR WHO HAS NOT THE ORIGINAL TAX AUDIT REPORT?

    URGENT ANSWER REQUIRED

  4. SHRADHA says:

    SIR I HAVE A QUERY ?
    IF AUDIT REPORT WAS UPLOADED BY THE AUDITOR ON TIME BUT THE SAME WAS OMITTED BY THE ASSESSEE TO BE ACCEPTED BEFORE FILING INCOME TAX RETURN . HOWEVER AFTER NOTICING THE SAME IT WAS ACCEPTED AFTER THE DUE DATE?
    WILL PENAL PROVISION BE APPLICABLE U/S 271?

  5. Shashikumar K.N says:

    Dear sir,

    Sir, I have a query that I want to discuss with you. In many cases, the auditor does in 3cb & 3cd return the assessee has attached another assessees scaned copy of p&l & Bs & filled the return so what are the proceedures to rectify that return

  6. ayush says:

    Hello sir
    I do have a query that if a ca submit the 3 CB 3 cd online and also the client approved the same from income tax site.
    But After all this procedure we comes to know that ca submitted report of wrong client and also approved the same. Then what is the procedure to cancel or nullify the tax Audit report if already approved by client.

  7. K.V.KAMESWARARAO says:

    what are consequences whether revised 3cb 3cd submitted by ca, due to wrong date i.e. date of submission and date of audit report are same i.e.november,2014 as last day of audit report is september 2014.

    kindly clarify me at an early date and oblige.

  8. Bipin Mishra says:

    Sir i want to know that a Pvt Ltd. Company AY 13-14 Tax Audit Report Signature by CA on dated 07/08/2013 but they are file 3CA-3CD on line Electronically on date 2/6/2014 in that case who are liable the Penalty by IT department. Please Help

  9. Ashwin says:

    Sir,

    We haev filled up the online 3CA and 3CD. However, we are not sure if there is a provision to upload the attachments also electronically. Please guide us through the same.

    Regards,

  10. RAJESH AGARWALLA says:

    I believe the moment CA signs the audit report with his DSC and subsequently the same is approved by the assesse through his/her DSc there should be no requirement of further signing the same physically and convert them into pdf The scanning of audit report with signatures will only increase the work load and the file size may also become too big for uploading. In addition to this the very purpose of digital signature become futile .Moreover ignorance on the part of the assesse about the importance of DSC can’t be a excuse .

  11. Kailash says:

    Hi Sir, one query regarding 44AD Audit …44AD audits though done u/s. 44AB are not to be counted in limit of 45 tax audit. So now while uploading audit report, how this will be managed??
    can we do 45 audits u/s 44AB and more say 8-10 u/s 44AD ??

    Thanks in advance.

  12. CA Selvapandian says:

    Dear Sir,

    The assessee approves the audit report(digitally signed by CA) along with Balance Sheet and Profit & Loss account by affixing his digital signature. In my opinion the approval itself is sufficient and it is not necessary to upload the financials signed by CA and assessee.

  13. Paras Chhajed says:

    As of now there is no process of prima facie ajustments so before making any disallowance the ITD shall have to give an opprtunity.

  14. CA SUDHIR HALAKHANDI says:

    There should be no link between the figure filled by the CA about deduction under chapter VIA and the amount claimed by the assessee in his ITR. The return is still paperless so the department can only raise the query when assessee’s case is selected for scrutiny and in that case asseseee can produce the evidence.

  15. Mudit Agrawal says:

    Dear Sir,

    No doubt you are providing extremely fruitful answers to the most of the queries in a very plain and simple manner.

    Sir, I have a query that I want to discuss with you. In many cases, the auditor does the audit of only proprietorship concern of the assesse and not the personal set. In such case, suppose LIC Premium paid by the assesse in prop. concern books is Rs. 40000 only. But assesse has a PPF a/c in personal set in which he has deposited Rs. 60000 of which auditor is not known. So here there will be different figures of Chapter VIA deduction i.e. in audit report it will be written only Rs. 40000 but in return Rs. 100000.

    So, just let me confirm your view, that CAN THE DEPARTMENT RAISE ANY QUERY FOR THE ASSESSEE AND DISALLOW THE DIFFERENCE OF RS. 60000.

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