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Audit

An audit is an independent evaluation of the financial information of any entity, regardless of whether it is profit-oriented or not, and irrespective of its size or legal structure. Audits can be mandated by law, recommended for internal purposes, or used for decision-making. In India, various types of audits are required, primarily aimed at reviewing the accounting records and information to express an opinion on them. The audit process ensures that the books of accounts are maintained according to legal requirements. Given the significance of auditing in both corporate and public sectors, businesses engage auditors who assess and recognize the propositions before them, gather evidence, evaluate it, and form an opinion based on their judgment, which is communicated through their audit report.

At CA Sands and Company, we are dedicated to providing our clients with auditing services in the following areas.

  • Statutory Audits Under Companies Act 2013
  • Tax Audit Under Income tax 1961
  • GST Audits
  • Stock Audits
  • Internal Audits
  • Bank Audits
  • Transfer Pricing Audit
  • Statutory Audit under Companies Act 2013

    What is Statutory Audit Under Companies Act 2013

    Every company registered under the Companies Act is required to have its books of accounts audited by a Chartered Accountant in practice, as mandated by Section 129 of the Companies Act, 2013. Each company must prepare financial statements for the period ending March 31st each year, regardless of any specific criteria. These financial statements must provide a true and fair view of the company's financial position and adhere to the accounting standards established by the Central Government under Section 133 of the Companies Act. The financial statements must be prepared in the prescribed form and format applicable to the specific type of company; for private limited companies, Schedule III is the appropriate format.

    The expression financial statement includes following items:

  • A balance sheet as at the end of the financial year;
  • A profit and loss account, or in the case of a company carrying on any activity not for profit, an income & expenditure account for the financial year;
  • Cash flow statement for the financial year;
  • A statement for changes in equity, if applicable;
  • Any explanatory note annexed to, or forming part of, any document referred
  • What is The Responsibility of Board of Directors of The company and That of Auditor

    The Board of Directors of the company is responsible for maintaining the books of account and preparing the financial statements. The auditor's role is to provide an opinion on whether the financial statements present a true and fair view and comply with Generally Accepted Accounting Principles (GAAP) and standards in India.

    Tax Audit Under Income Tax Act 1961

    What is Statutory Audit Under Companies Act 2013

    Every company registered under the Companies Act is required to have its books of accounts audited by a Chartered Accountant in practice, as mandated by Section 129 of the Companies Act, 2013. Each company must prepare financial statements for the period ending March 31st each year, regardless of any specific criteria. These financial statements must provide a true and fair view of the company's financial position and adhere to the accounting standards established by the Central Government under Section 133 of the Companies Act. The financial statements must be prepared in the prescribed form and format applicable to the specific type of company; for private limited companies, Schedule III is the appropriate format.

    The expression financial statement includes following items:

  • A balance sheet as at the end of the financial year;
  • A profit and loss account, or in the case of a company carrying on any activity not for profit, an income & expenditure account for the financial year;
  • Cash flow statement for the financial year;
  • A statement for changes in equity, if applicable;
  • Any explanatory note annexed to, or forming part of, any document referred
  • We have categorized the various circumstances in the tables mentioned below:
    Category of person
    Threshold
    Business
    Carrying on business (not opting for presumptive taxation scheme*)
    Total sales, turnover or gross receipts exceed Rs 1 crore in the FY
    Carrying on business eligible for presumptive taxation under Section 44AE, 44BB or 44BBB
    Claims profits or gains lower than the prescribed limit under presumptive taxation scheme
    Carrying on business eligible for presumptive taxation under Section 44AD
    Declares taxable income below the limits prescribed under the presumptive tax scheme and has income exceeding the basic threshold limit
    Carrying on the business and is not eligible to claim presumptive taxation under Section 44AD due to opting out for presumptive taxation in any one financial year of the lock-in period i.e. 5 consecutive years from when the presumptive tax scheme was opted
    If income exceeds the maximum amount not chargeable to tax in the subsequent 5 consecutive tax years from the financial year when the presumptive taxation was not opted for
    Carrying on business which is declaring profits as per presumptive taxation scheme under Section 44AD
    If the total sales, turnover or gross receipts does not exceed Rs 2 crore in the financial year, then tax audit will not apply to such businesses.
    Profession
    Carrying on profession
    Total gross receipts exceed Rs 50 lakh in the FY
    Carrying on the profession eligible for presumptive taxation under Section 44ADA
    1. Claims profits or gains lower than the prescribed limit under presumptive taxation scheme
    2. Income exceeds the maximum amount not chargeable to income tax

    Stock and Fixed Assets Audits

    A stock audit, also known as an inventory audit or fixed assets audit, refers to the physical verification of a company or institution's inventory or assets. The approach to a stock audit can vary depending on its specific purpose, as different types of stock audits require tailored methodologies.

    Every business institution should conduct a stock audit at least once a year and a fixed assets audit every two years, depending on the nature of the entity. This ensures that the physical stock or assets align with the records in the books of account. A stock audit helps identify and correct any discrepancies between the actual physical stock and the recorded inventory or fixed assets.

    Why is a stock audit important?

    There are several key reasons why an institution needs to perform a stock audit or Fixed Assets Audit, including:

    1. Identify the slow-moving stock or Assets, deadstock, dead assets obsolete stock or assets, and scrap
    2. Find out discrepancies between book information and physical data
    3. Update the physical stock that matches book stock
    4. Make sure the proper preservation and handling of stocks and assets

    Stock audits is also an important factor in determining the benefits that should be offered to institutions. These are the key benefits of stock audits:

    1. To reduce cost and bottom-line
    2. To prevent pilferage and fraud
    3. As information of the accurate inventory value
    4. To reduce gaps in the inventory management process
    5. As special arrangements for third party opinion, including for agent warehouses
    6. As a good control mechanism in running the business

    Internal Audits

    What is an Internal Audit?

    Internal audits assess a company’s internal controls, including corporate governance and accounting processes. They ensure compliance with laws and regulations, while maintaining accurate and timely financial reporting and data collection. Additionally, internal audits equip management with the tools to improve operational efficiency by identifying issues and correcting deficiencies before they are detected in an external audit.

    KEY TAKEAWAYS

    • An internal audit offers risk management and evaluates the effectiveness of a company’s internal controls, corporate governance, and accounting processes.
    • The Sarbanes-Oxley Act of 2002 introduced new internal control requirements and holds management legally responsible for their financial statements by requiring senior corporate officers to certify in writing that the financials are accurately presented.
    • Internal audits provide management and board of directors with a value-added service where flaws in a process may be caught and corrected prior to external audits
    • Make sure the proper preservation and handling of stocks and assets

    Bank Audit

    A statutory audit is mandated by various statutes such as the Reserve Bank of India (RBI), Income Tax Act, and the Companies Act, among others. Chartered Accountants are required to conduct several audits based on the statutory requirements.

    Statutory audits for banks are compulsory, with auditors appointed by the RBI in collaboration with ICAI. Each year, following the end of the financial year, a thorough audit is conducted in every branch of the bank.

    Statutory auditors must ensure their audit reports comply with Revised SA 700 (Forming an Opinion and Reporting on Financial Statements), SA 705 (Modifications to the Opinion in the Independent Auditor’s Report), and SA 706 (Emphasis of Matter and Other Matter Paragraphs in the Independent Auditor’s Report).

    In recent times, statutory auditors are provided with a specific timeframe to complete the audits of assigned branches. Upon appointment, auditors are expected to immediately accept the assignment and formally communicate with branch management to gather the necessary information for their audit.

    Auditors are also required to quantify advances, deposits, interest income, and interest expenses in their reports.

    Key elements to review in a statutory audit of banks include:

    • Cash Verification Procedures
    • Tax-Related Items
    • Verification of Loan Accounts
    • Frequently Asked Questions (FAQs) related to the audit process.

    F. A. Q.

    A: Limited liability partnership (LLP) is a partnership in which some or all partners (depending on the jurisdiction) have limited liabilities. It therefore exhibits elements of partnerships and corporations. In an LLP, one partner is not responsible or liable for another partner's misconduct or negligence. A Limited Liability Partnership, popularly known as LLP combines the advantages of both the Company and Partnership into a single form of organization. Limited Liability Partnership is managed as per the LLP Agreement.

    A: To incorporate a Limited Liability Partnership, a minimum of two people are required. A Limited Liability Partnership must have a minimum of two Partners and can have a maximum of any number of Partners.

    A: The Designated Partners needs to be over 18 years of age and must be a natural person. There are no limitations in terms of citizenship or residency. Therefore, the LLP Act 2008 allows Foreign Nationals including Foreign Companies & LLPs to incorporate a LLP in India provided at least one designated partner is resident of India.

    A: You can start a Limited Liability Partnership with any amount of capital. There is no requirement to show proof of capital invested during the incorporation process. Partner's contribution may consist of both tangible and/or intangible property and any other benefit to the LLP.

    A: An address in India where the registered office of the LLP will be situated is required. The premises can be a commercial / industrial / residential where communication from the MCA will be received.

    A: LLPs are required to file an annual filing with the Registrar each year. However, if the LLP has a turnover of less than Rs.40 lakhs and/or has a capital contribution of less than Rs.25 lakhs, the financial statements do not have to be audited.