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CA. PRAMOD JAIN
FCA, FCS, FCMA, LL.B, MIMA, DISA
CA. PRAMOD JAIN
FCA, FCS, FCMA, LL.B, MIMA, DISA
Shalimar Bagh CPE Study Circle
Of
NIRC of ICAI
11th May 2017
Shalimar Bagh CPE Study Circle
Of
NIRC of ICAI
11th May 2017
ICDS
AS AMENDMENTS
CASH RESTRICTIONS
SCHEDULE III AMENDMENTS
CASH RESTRICTIONSCASH RESTRICTIONSCASH RESTRICTIONSCASH RESTRICTIONS
CA. Pramod Jain
DEDUCTION U/S 80 GDEDUCTION U/S 80 GDEDUCTION U/S 80 GDEDUCTION U/S 80 G
• Not admissible if donation made exceedingNot admissible if donation made exceedingNot admissible if donation made exceedingNot admissible if donation made exceeding RsRsRsRs. 2000 in. 2000 in. 2000 in. 2000 in
cash by a person (Earliercash by a person (Earliercash by a person (Earliercash by a person (Earlier RsRsRsRs. 10000/. 10000/. 10000/. 10000/----). Cl. 33 Form 3CD). Cl. 33 Form 3CD). Cl. 33 Form 3CD). Cl. 33 Form 3CD
• ABC Trust receivesABC Trust receivesABC Trust receivesABC Trust receives RsRsRsRs. 9000/. 9000/. 9000/. 9000/---- from Mr. B in cash on 9from Mr. B in cash on 9from Mr. B in cash on 9from Mr. B in cash on 9thththth
May 2017. Is there any implication on Trust or Mr. B ?May 2017. Is there any implication on Trust or Mr. B ?May 2017. Is there any implication on Trust or Mr. B ?May 2017. Is there any implication on Trust or Mr. B ?
• Mr. X gives following donations to PQR Trust.?:Mr. X gives following donations to PQR Trust.?:Mr. X gives following donations to PQR Trust.?:Mr. X gives following donations to PQR Trust.?:
• 20.4.201720.4.201720.4.201720.4.2017 RsRsRsRs. 2100/. 2100/. 2100/. 2100/----
• 25.4.201725.4.201725.4.201725.4.2017 RsRsRsRs. 1900/. 1900/. 1900/. 1900/----
• 06.5.201706.5.201706.5.201706.5.2017 RsRsRsRs. 1500/. 1500/. 1500/. 1500/----
• NilNilNilNil
• Mr. A gives following donations:Mr. A gives following donations:Mr. A gives following donations:Mr. A gives following donations:
• To ABC TrustTo ABC TrustTo ABC TrustTo ABC Trust RsRsRsRs. 2000/. 2000/. 2000/. 2000/----
• To PQR TrustTo PQR TrustTo PQR TrustTo PQR Trust RsRsRsRs. 1500/. 1500/. 1500/. 1500/----
• To XYZ TrustTo XYZ TrustTo XYZ TrustTo XYZ Trust RsRsRsRs. 1500/. 1500/. 1500/. 1500/----
• NilNilNilNil
CA. Pramod Jain
S. 40A(3) / 40A (3A)S. 40A(3) / 40A (3A)S. 40A(3) / 40A (3A)S. 40A(3) / 40A (3A)
• Expenditure u/s 40A(3) / 40A(3A)Expenditure u/s 40A(3) / 40A(3A)Expenditure u/s 40A(3) / 40A(3A)Expenditure u/s 40A(3) / 40A(3A)
disallowed in payment made in cashdisallowed in payment made in cashdisallowed in payment made in cashdisallowed in payment made in cash
exceedingexceedingexceedingexceeding RsRsRsRs. 10000/. 10000/. 10000/. 10000/---- per person perper person perper person perper person per
day (Oldday (Oldday (Oldday (Old RsRsRsRs. 20000/. 20000/. 20000/. 20000/----))))
• Limits:Limits:Limits:Limits:
• RsRsRsRs. 2500/. 2500/. 2500/. 2500/---- 1.4.19691.4.19691.4.19691.4.1969
• RsRsRsRs. 10000/. 10000/. 10000/. 10000/---- 1.4.19891.4.19891.4.19891.4.1989
• RsRsRsRs. 20000/. 20000/. 20000/. 20000/---- 1.4.19971.4.19971.4.19971.4.1997
• RsRsRsRs. 10000/. 10000/. 10000/. 10000/---- 1.4.20171.4.20171.4.20171.4.2017
• Reportable in clause 21 (d) of Form 3CDReportable in clause 21 (d) of Form 3CDReportable in clause 21 (d) of Form 3CDReportable in clause 21 (d) of Form 3CD
CA. Pramod Jain
S. 40A(3) / 40A (3A)S. 40A(3) / 40A (3A)S. 40A(3) / 40A (3A)S. 40A(3) / 40A (3A)
• ABC & Co. pays wages to its 50 employees as per theABC & Co. pays wages to its 50 employees as per theABC & Co. pays wages to its 50 employees as per theABC & Co. pays wages to its 50 employees as per the
minimum wages Actminimum wages Actminimum wages Actminimum wages Act RsRsRsRs. 13000/. 13000/. 13000/. 13000/---- per month in cash?per month in cash?per month in cash?per month in cash?
• Service of Car ofService of Car ofService of Car ofService of Car of RsRsRsRs. 10500/. 10500/. 10500/. 10500/----????
• Payment of RentPayment of RentPayment of RentPayment of Rent RsRsRsRs. 15000/. 15000/. 15000/. 15000/---- pm?pm?pm?pm?
• Payment of bill at Restaurant ofPayment of bill at Restaurant ofPayment of bill at Restaurant ofPayment of bill at Restaurant of RsRsRsRs. 11400/. 11400/. 11400/. 11400/----
• XYZ P. Ltd. purchases raw material through an invoiceXYZ P. Ltd. purchases raw material through an invoiceXYZ P. Ltd. purchases raw material through an invoiceXYZ P. Ltd. purchases raw material through an invoice
dtdtdtdt 28.4.2017 of28.4.2017 of28.4.2017 of28.4.2017 of RsRsRsRs. 54000/. 54000/. 54000/. 54000/----. Makes payment. Makes payment. Makes payment. Makes payment RsRsRsRs....
9000/9000/9000/9000/---- per day?per day?per day?per day?
• Would there be any difference if invoice is ofWould there be any difference if invoice is ofWould there be any difference if invoice is ofWould there be any difference if invoice is of RsRsRsRs. 2.50. 2.50. 2.50. 2.50
Lakhs and payment is less thanLakhs and payment is less thanLakhs and payment is less thanLakhs and payment is less than RsRsRsRs. 10K per day?. 10K per day?. 10K per day?. 10K per day?
• XYZ P. Ltd. makes payment to its Sundry Creditor Mr.XYZ P. Ltd. makes payment to its Sundry Creditor Mr.XYZ P. Ltd. makes payment to its Sundry Creditor Mr.XYZ P. Ltd. makes payment to its Sundry Creditor Mr.
A of FY 2015A of FY 2015A of FY 2015A of FY 2015----16 of16 of16 of16 of RsRsRsRs. 1.50 Lakhs of. 1.50 Lakhs of. 1.50 Lakhs of. 1.50 Lakhs of RsRsRsRs. 15000/. 15000/. 15000/. 15000/---- perperperper
day in cash inday in cash inday in cash inday in cash in April 2017?April 2017?April 2017?April 2017?
CA. Pramod Jain
ASSETSASSETSASSETSASSETS
• Depreciation disallowed on cash component ofDepreciation disallowed on cash component ofDepreciation disallowed on cash component ofDepreciation disallowed on cash component of
asset cost exceedingasset cost exceedingasset cost exceedingasset cost exceeding RsRsRsRs. 10000/. 10000/. 10000/. 10000/---- per personper personper personper person
per day.per day.per day.per day.
• Capital Gain?Capital Gain?Capital Gain?Capital Gain?
• Deferred Tax?Deferred Tax?Deferred Tax?Deferred Tax?
• MAT?MAT?MAT?MAT?
• Rule 6DD?Rule 6DD?Rule 6DD?Rule 6DD?
• X Ltd. investing into shares acquires 10000X Ltd. investing into shares acquires 10000X Ltd. investing into shares acquires 10000X Ltd. investing into shares acquires 10000
shares of Yshares of Yshares of Yshares of Y Pvt.Pvt.Pvt.Pvt. Ltd. forLtd. forLtd. forLtd. for RsRsRsRs. 1 Lakh in cash?. 1 Lakh in cash?. 1 Lakh in cash?. 1 Lakh in cash?
• S. 35AD benefit not allowed on exp. incurredS. 35AD benefit not allowed on exp. incurredS. 35AD benefit not allowed on exp. incurredS. 35AD benefit not allowed on exp. incurred
exceedingexceedingexceedingexceeding RsRsRsRs. 10000/. 10000/. 10000/. 10000/---- per person per dayper person per dayper person per dayper person per day
CA. Pramod Jain
SECTION 269 STSECTION 269 STSECTION 269 STSECTION 269 ST
• No person to receive an amountNo person to receive an amountNo person to receive an amountNo person to receive an amount >>>> RsRsRsRs....
2 L in cash2 L in cash2 L in cash2 L in cash
• in aggregate from a person in ain aggregate from a person in ain aggregate from a person in ain aggregate from a person in a
day; orday; orday; orday; or
• in respect of a single transaction;in respect of a single transaction;in respect of a single transaction;in respect of a single transaction;
orororor
• in respect of transactions relatingin respect of transactions relatingin respect of transactions relatingin respect of transactions relating
to one event or occasion from ato one event or occasion from ato one event or occasion from ato one event or occasion from a
personpersonpersonperson
CA. Pramod Jain
SECTION 269 STSECTION 269 STSECTION 269 STSECTION 269 ST
• Not applicable to receipts by:Not applicable to receipts by:Not applicable to receipts by:Not applicable to receipts by:
• Government,Government,Government,Government,
• Bank,Bank,Bank,Bank,
• Post Office Savings Bank or CoPost Office Savings Bank or CoPost Office Savings Bank or CoPost Office Savings Bank or Co----operativeoperativeoperativeoperative
Bank,Bank,Bank,Bank,
• S. 269SS transactionsS. 269SS transactionsS. 269SS transactionsS. 269SS transactions
• Such other persons or class of persons orSuch other persons or class of persons orSuch other persons or class of persons orSuch other persons or class of persons or
receipts, which the CG may notifyreceipts, which the CG may notifyreceipts, which the CG may notifyreceipts, which the CG may notify
• No applicable to receipts from Bank, PostNo applicable to receipts from Bank, PostNo applicable to receipts from Bank, PostNo applicable to receipts from Bank, Post
Office Savings Bank or CoOffice Savings Bank or CoOffice Savings Bank or CoOffice Savings Bank or Co----operative Bankoperative Bankoperative Bankoperative Bank
• Penalty of equal amount u/s 271DAPenalty of equal amount u/s 271DAPenalty of equal amount u/s 271DAPenalty of equal amount u/s 271DA
• Rule 6DD?Rule 6DD?Rule 6DD?Rule 6DD?
CA. Pramod Jain
SECTION 269 STSECTION 269 STSECTION 269 STSECTION 269 ST
• Father of Ms. C receives gifts from various persons onFather of Ms. C receives gifts from various persons onFather of Ms. C receives gifts from various persons onFather of Ms. C receives gifts from various persons on
occasion of C’s marriage aggregatingoccasion of C’s marriage aggregatingoccasion of C’s marriage aggregatingoccasion of C’s marriage aggregating RsRsRsRs. 5 Lakhs?. 5 Lakhs?. 5 Lakhs?. 5 Lakhs?
• NoNoNoNo
• On the occasion of marriage Mr. B’s father madeOn the occasion of marriage Mr. B’s father madeOn the occasion of marriage Mr. B’s father madeOn the occasion of marriage Mr. B’s father made
payments ofpayments ofpayments ofpayments of RsRsRsRs. 3.75 Lakhs in cash to following:. 3.75 Lakhs in cash to following:. 3.75 Lakhs in cash to following:. 3.75 Lakhs in cash to following:
• To horse cartTo horse cartTo horse cartTo horse cart –––– RsRsRsRs. 75K. 75K. 75K. 75K
• To event manager for partyTo event manager for partyTo event manager for partyTo event manager for party RsRsRsRs. 2.25 Lakhs. 2.25 Lakhs. 2.25 Lakhs. 2.25 Lakhs
• To band masterTo band masterTo band masterTo band master RsRsRsRs. 75K. 75K. 75K. 75K
• 2.25 L2.25 L2.25 L2.25 L
• On the occasion of marriage of Ms. C the eventOn the occasion of marriage of Ms. C the eventOn the occasion of marriage of Ms. C the eventOn the occasion of marriage of Ms. C the event
manager receivesmanager receivesmanager receivesmanager receives RsRsRsRs. 4.25 L on 22.4.2017 in cash:. 4.25 L on 22.4.2017 in cash:. 4.25 L on 22.4.2017 in cash:. 4.25 L on 22.4.2017 in cash:
• RsRsRsRs. 1.50 Lakhs from mother of C. 1.50 Lakhs from mother of C. 1.50 Lakhs from mother of C. 1.50 Lakhs from mother of C
• RsRsRsRs. 1.75 Lakhs from father of C. 1.75 Lakhs from father of C. 1.75 Lakhs from father of C. 1.75 Lakhs from father of C
• RsRsRsRs. 1 Lakh from brother of C. 1 Lakh from brother of C. 1 Lakh from brother of C. 1 Lakh from brother of C
• NoNoNoNo
CA. Pramod Jain
SECTION 269 STSECTION 269 STSECTION 269 STSECTION 269 ST
• For marriage the event manager receivesFor marriage the event manager receivesFor marriage the event manager receivesFor marriage the event manager receives RsRsRsRs....
3.50 Lakhs where father of bride pays3.50 Lakhs where father of bride pays3.50 Lakhs where father of bride pays3.50 Lakhs where father of bride pays RsRsRsRs....
1.75 L & groom’s father pays1.75 L & groom’s father pays1.75 L & groom’s father pays1.75 L & groom’s father pays RsRsRsRs. 1.75 L in. 1.75 L in. 1.75 L in. 1.75 L in
cash?cash?cash?cash?
• NoNoNoNo
• On the occasion of marriage of Ms. C, ABOn the occasion of marriage of Ms. C, ABOn the occasion of marriage of Ms. C, ABOn the occasion of marriage of Ms. C, AB
Jewellers sold jewellery as under:Jewellers sold jewellery as under:Jewellers sold jewellery as under:Jewellers sold jewellery as under:
• Mother of Ms. CMother of Ms. CMother of Ms. CMother of Ms. C RsRsRsRs 1.90 Lakhs on 18.4.20171.90 Lakhs on 18.4.20171.90 Lakhs on 18.4.20171.90 Lakhs on 18.4.2017
• Mother of Ms. CMother of Ms. CMother of Ms. CMother of Ms. C RsRsRsRs. 1.75 Lakhs on 20.4.2017. 1.75 Lakhs on 20.4.2017. 1.75 Lakhs on 20.4.2017. 1.75 Lakhs on 20.4.2017
• MotherMotherMotherMother----in Law of Ms. Cin Law of Ms. Cin Law of Ms. Cin Law of Ms. C RsRsRsRs. 2.50 Lakhs on 18.4.17. 2.50 Lakhs on 18.4.17. 2.50 Lakhs on 18.4.17. 2.50 Lakhs on 18.4.17
• Sister of Ms. CSister of Ms. CSister of Ms. CSister of Ms. C RsRsRsRs. 1.50 Lakhs on 20.4.2017. 1.50 Lakhs on 20.4.2017. 1.50 Lakhs on 20.4.2017. 1.50 Lakhs on 20.4.2017
• Bua of Ms. CBua of Ms. CBua of Ms. CBua of Ms. C RsRsRsRs. 1 lakh on 20.4.2017. 1 lakh on 20.4.2017. 1 lakh on 20.4.2017. 1 lakh on 20.4.2017
• 2.50 L2.50 L2.50 L2.50 L
CA. Pramod Jain
SECTION 269 STSECTION 269 STSECTION 269 STSECTION 269 ST
• AAAA MandirMandirMandirMandir on the occasion ofon the occasion ofon the occasion ofon the occasion of JanamashtamiJanamashtamiJanamashtamiJanamashtami
receivesreceivesreceivesreceives RsRsRsRs. 5 lakhs on opening of Golak?. 5 lakhs on opening of Golak?. 5 lakhs on opening of Golak?. 5 lakhs on opening of Golak?
• NoNoNoNo
• X takes cash loan ofX takes cash loan ofX takes cash loan ofX takes cash loan of RsRsRsRs. 1.75 Lakhs from Y?. 1.75 Lakhs from Y?. 1.75 Lakhs from Y?. 1.75 Lakhs from Y?
• NoNoNoNo
• X makes repayment of loan along with interestX makes repayment of loan along with interestX makes repayment of loan along with interestX makes repayment of loan along with interest
ofofofof RsRsRsRs. 2.20 Lakhs in Cash to Y?. 2.20 Lakhs in Cash to Y?. 2.20 Lakhs in Cash to Y?. 2.20 Lakhs in Cash to Y?
• Yes, also 269TYes, also 269TYes, also 269TYes, also 269T
• Mr. Y from Australia comes to India. On arrivalMr. Y from Australia comes to India. On arrivalMr. Y from Australia comes to India. On arrivalMr. Y from Australia comes to India. On arrival
he falls ill & is hospitalised. His bill is ofhe falls ill & is hospitalised. His bill is ofhe falls ill & is hospitalised. His bill is ofhe falls ill & is hospitalised. His bill is of RsRsRsRs....
2.25 Lacs which he wants to pay in 35002.25 Lacs which he wants to pay in 35002.25 Lacs which he wants to pay in 35002.25 Lacs which he wants to pay in 3500
dollars as he doesn't have rupees?dollars as he doesn't have rupees?dollars as he doesn't have rupees?dollars as he doesn't have rupees?
• NoNoNoNo
CA. Pramod Jain
SECTION 269 STSECTION 269 STSECTION 269 STSECTION 269 ST
• X sells the following to Y:X sells the following to Y:X sells the following to Y:X sells the following to Y:
• Car forCar forCar forCar for RsRsRsRs. 1.90 Lakhs on 1.5.2017. 1.90 Lakhs on 1.5.2017. 1.90 Lakhs on 1.5.2017. 1.90 Lakhs on 1.5.2017
• Land forLand forLand forLand for RsRsRsRs. 1.75 Lakhs on 4.5.2017. 1.75 Lakhs on 4.5.2017. 1.75 Lakhs on 4.5.2017. 1.75 Lakhs on 4.5.2017
• Y makes the payment in cash as follows:Y makes the payment in cash as follows:Y makes the payment in cash as follows:Y makes the payment in cash as follows:
• RsRsRsRs. 1 Lakh on 2.5.2017. 1 Lakh on 2.5.2017. 1 Lakh on 2.5.2017. 1 Lakh on 2.5.2017
• RsRsRsRs. 1 Lakh on 5.5.2017. 1 Lakh on 5.5.2017. 1 Lakh on 5.5.2017. 1 Lakh on 5.5.2017
• RsRsRsRs. 1.65 Lakhs on 6.5.2017. 1.65 Lakhs on 6.5.2017. 1.65 Lakhs on 6.5.2017. 1.65 Lakhs on 6.5.2017
• NoNoNoNo
• Would it make difference if total paymentWould it make difference if total paymentWould it make difference if total paymentWould it make difference if total payment
is made on 9.5.2017?is made on 9.5.2017?is made on 9.5.2017?is made on 9.5.2017?
• YesYesYesYes
CA. Pramod Jain
SECTION 269 STSECTION 269 STSECTION 269 STSECTION 269 ST
• Mr. A receives cash payment ofMr. A receives cash payment ofMr. A receives cash payment ofMr. A receives cash payment of RsRsRsRs. 2.75 Lakhs from. 2.75 Lakhs from. 2.75 Lakhs from. 2.75 Lakhs from
ABC P. Ltd. on 15ABC P. Ltd. on 15ABC P. Ltd. on 15ABC P. Ltd. on 15thththth May 2017 for the following:May 2017 for the following:May 2017 for the following:May 2017 for the following:
• RsRsRsRs. 2.10 Lakhs part payment for invoice no. 4.. 2.10 Lakhs part payment for invoice no. 4.. 2.10 Lakhs part payment for invoice no. 4.. 2.10 Lakhs part payment for invoice no. 4. dt.dt.dt.dt.
17.4.2017 of17.4.2017 of17.4.2017 of17.4.2017 of RsRsRsRs. 3 Lakhs. 3 Lakhs. 3 Lakhs. 3 Lakhs
• RsRsRsRs. 45K part payment for invoice no. 6. 45K part payment for invoice no. 6. 45K part payment for invoice no. 6. 45K part payment for invoice no. 6 dt.dt.dt.dt.
30.4.2017 of30.4.2017 of30.4.2017 of30.4.2017 of RsRsRsRs. 2.50 Lakhs. 2.50 Lakhs. 2.50 Lakhs. 2.50 Lakhs
• RsRsRsRs. 20K part payment for invoice no. 12. 20K part payment for invoice no. 12. 20K part payment for invoice no. 12. 20K part payment for invoice no. 12 dtdtdtdt
10.5.2017 of10.5.2017 of10.5.2017 of10.5.2017 of RsRsRsRs. 1.50 Lakhs. 1.50 Lakhs. 1.50 Lakhs. 1.50 Lakhs
• Implications are:Implications are:Implications are:Implications are:
• 271DA penalty on Mr. A for271DA penalty on Mr. A for271DA penalty on Mr. A for271DA penalty on Mr. A for RsRsRsRs. 2.75 Lakhs. 2.75 Lakhs. 2.75 Lakhs. 2.75 Lakhs
• Mr. A to reportMr. A to reportMr. A to reportMr. A to report RsRsRsRs. 2.10 Lakhs in AIR in Form 61A. 2.10 Lakhs in AIR in Form 61A. 2.10 Lakhs in AIR in Form 61A. 2.10 Lakhs in AIR in Form 61A
• ABC P. Ltd expense ofABC P. Ltd expense ofABC P. Ltd expense ofABC P. Ltd expense of RsRsRsRs. 2.75 Lakhs would be. 2.75 Lakhs would be. 2.75 Lakhs would be. 2.75 Lakhs would be
disallowed u/s 40A(3)disallowed u/s 40A(3)disallowed u/s 40A(3)disallowed u/s 40A(3)
CA. Pramod Jain
SECTION 269 STSECTION 269 STSECTION 269 STSECTION 269 ST
• A charitable trust organises 3 daysA charitable trust organises 3 daysA charitable trust organises 3 daysA charitable trust organises 3 days SatsangSatsangSatsangSatsang ofofofof
PanditPanditPanditPandit jijijiji. It receives followings in cash:. It receives followings in cash:. It receives followings in cash:. It receives followings in cash:
• RsRsRsRs. 10 lacs as donations from various. 10 lacs as donations from various. 10 lacs as donations from various. 10 lacs as donations from various
persons in 3 dayspersons in 3 dayspersons in 3 dayspersons in 3 days
• RsRsRsRs. 1.50 lacs each as sponsorship from 3. 1.50 lacs each as sponsorship from 3. 1.50 lacs each as sponsorship from 3. 1.50 lacs each as sponsorship from 3
sponsorssponsorssponsorssponsors
• It pays the following:It pays the following:It pays the following:It pays the following:
• RsRsRsRs. 1 lacs per day for tent. 1 lacs per day for tent. 1 lacs per day for tent. 1 lacs per day for tent
• RsRsRsRs. 1.50 lacs per day to caterers. 1.50 lacs per day to caterers. 1.50 lacs per day to caterers. 1.50 lacs per day to caterers
• RsRsRsRs. 75000 per day for security and. 75000 per day for security and. 75000 per day for security and. 75000 per day for security and sevadarsevadarsevadarsevadar
to manpower consultantto manpower consultantto manpower consultantto manpower consultant
• Yes, In hands of receiver for payment made by TrustYes, In hands of receiver for payment made by TrustYes, In hands of receiver for payment made by TrustYes, In hands of receiver for payment made by Trust
CA. Pramod Jain
????????????
• PQR P. Ltd receivesPQR P. Ltd receivesPQR P. Ltd receivesPQR P. Ltd receives RsRsRsRs. 5 lacs each from its 2. 5 lacs each from its 2. 5 lacs each from its 2. 5 lacs each from its 2
subscribers on incorporation in cashsubscribers on incorporation in cashsubscribers on incorporation in cashsubscribers on incorporation in cash
• YesYesYesYes
• Mr. B introducesMr. B introducesMr. B introducesMr. B introduces RsRsRsRs. 3 Lacs a capital in. 3 Lacs a capital in. 3 Lacs a capital in. 3 Lacs a capital in
partnership firm ABC & Co?partnership firm ABC & Co?partnership firm ABC & Co?partnership firm ABC & Co?
• YesYesYesYes
• Mr. B partner withdraws the following in cashMr. B partner withdraws the following in cashMr. B partner withdraws the following in cashMr. B partner withdraws the following in cash
from ABC & Co. during FY 2017from ABC & Co. during FY 2017from ABC & Co. during FY 2017from ABC & Co. during FY 2017----18:18:18:18:
• RsRsRsRs. 1.80 Lacs remuneration. 1.80 Lacs remuneration. 1.80 Lacs remuneration. 1.80 Lacs remuneration RsRsRsRs. 15K p.m.. 15K p.m.. 15K p.m.. 15K p.m.
• RsRsRsRs. 36000 being interest on 31.3.2017. 36000 being interest on 31.3.2017. 36000 being interest on 31.3.2017. 36000 being interest on 31.3.2017
• RsRsRsRs. 3 L on different dates, being profit. 3 L on different dates, being profit. 3 L on different dates, being profit. 3 L on different dates, being profit
• S. 40A(3)S. 40A(3)S. 40A(3)S. 40A(3)
CA. Pramod Jain
ACCOUNTING STANDARDSACCOUNTING STANDARDSACCOUNTING STANDARDSACCOUNTING STANDARDS
CA. Pramod Jain
AMENDEDAMENDEDAMENDEDAMENDED W.E.FW.E.FW.E.FW.E.F. 30. 30. 30. 30THTHTHTH MARCH 2016MARCH 2016MARCH 2016MARCH 2016
ASASASAS 2 (Valuation of Inventories )2 (Valuation of Inventories )2 (Valuation of Inventories )2 (Valuation of Inventories )
AS 4 (Contingencies and Events OccurringAS 4 (Contingencies and Events OccurringAS 4 (Contingencies and Events OccurringAS 4 (Contingencies and Events Occurring afterafterafterafter thethethethe
Balance Sheet Date)Balance Sheet Date)Balance Sheet Date)Balance Sheet Date)
AS 6 (Depreciation Accounting requirements forAS 6 (Depreciation Accounting requirements forAS 6 (Depreciation Accounting requirements forAS 6 (Depreciation Accounting requirements for
depreciation are now incorporated in revised AS 10)depreciation are now incorporated in revised AS 10)depreciation are now incorporated in revised AS 10)depreciation are now incorporated in revised AS 10)
As 10 (Property, Plant and Equipment)As 10 (Property, Plant and Equipment)As 10 (Property, Plant and Equipment)As 10 (Property, Plant and Equipment)
AS 13 (Accounting for Investments)AS 13 (Accounting for Investments)AS 13 (Accounting for Investments)AS 13 (Accounting for Investments)
AS 14 (Accounting for Amalgamation)AS 14 (Accounting for Amalgamation)AS 14 (Accounting for Amalgamation)AS 14 (Accounting for Amalgamation)
AS 21 (Consolidated Financial Statements)AS 21 (Consolidated Financial Statements)AS 21 (Consolidated Financial Statements)AS 21 (Consolidated Financial Statements)
AS 29 (Provisions, Contingent Liabilities and ContingentAS 29 (Provisions, Contingent Liabilities and ContingentAS 29 (Provisions, Contingent Liabilities and ContingentAS 29 (Provisions, Contingent Liabilities and Contingent
Assets)Assets)Assets)Assets)
CA. Pramod Jain
AS 6 & AS 10AS 6 & AS 10AS 6 & AS 10AS 6 & AS 10
AS 6 omittedAS 6 omittedAS 6 omittedAS 6 omitted
AS 10AS 10AS 10AS 10 –––– Property Plant &Property Plant &Property Plant &Property Plant & Equipment.Equipment.Equipment.Equipment. FFFForororor tangibletangibletangibletangible onlyonlyonlyonly
PPE arePPE arePPE arePPE are tangible items that:tangible items that:tangible items that:tangible items that:
Are held for use in production or supply of goods or services, for rental toAre held for use in production or supply of goods or services, for rental toAre held for use in production or supply of goods or services, for rental toAre held for use in production or supply of goods or services, for rental to
others, or for administrative purposes; ANDothers, or for administrative purposes; ANDothers, or for administrative purposes; ANDothers, or for administrative purposes; AND
Are expected to be used during more than a period of twelve monthsAre expected to be used during more than a period of twelve monthsAre expected to be used during more than a period of twelve monthsAre expected to be used during more than a period of twelve months
It now includes bearer plants, biological assets tooIt now includes bearer plants, biological assets tooIt now includes bearer plants, biological assets tooIt now includes bearer plants, biological assets too
Provides for recognizing & derecognizing costs ofProvides for recognizing & derecognizing costs ofProvides for recognizing & derecognizing costs ofProvides for recognizing & derecognizing costs of
replacement of:replacement of:replacement of:replacement of:
PartsPartsPartsParts
Major inspection costsMajor inspection costsMajor inspection costsMajor inspection costs
Capitalization of decommissioning, restoration & similarCapitalization of decommissioning, restoration & similarCapitalization of decommissioning, restoration & similarCapitalization of decommissioning, restoration & similar
liabilitiesliabilitiesliabilitiesliabilities –––– other than forother than forother than forother than for producingproducingproducingproducing inventoriesinventoriesinventoriesinventories
CA. Pramod Jain
AS 10AS 10AS 10AS 10
If deferred paymentsIf deferred paymentsIf deferred paymentsIf deferred payments –––– interest subject to AS 16interest subject to AS 16interest subject to AS 16interest subject to AS 16
Revaluation model or Cost modelRevaluation model or Cost modelRevaluation model or Cost modelRevaluation model or Cost model
Revaluation of entire class not specific assetRevaluation of entire class not specific assetRevaluation of entire class not specific assetRevaluation of entire class not specific asset
Investment Property in AS 13 only at Cost ModelInvestment Property in AS 13 only at Cost ModelInvestment Property in AS 13 only at Cost ModelInvestment Property in AS 13 only at Cost Model
ComponentComponentComponentComponent accountingaccountingaccountingaccounting
Change in depreciation is now accounting estimateChange in depreciation is now accounting estimateChange in depreciation is now accounting estimateChange in depreciation is now accounting estimate
No gross block / net block but nowNo gross block / net block but nowNo gross block / net block but nowNo gross block / net block but now –––– carrying amountscarrying amountscarrying amountscarrying amounts
Enhanced disclosuresEnhanced disclosuresEnhanced disclosuresEnhanced disclosures –––– restrictions, pledge on PPErestrictions, pledge on PPErestrictions, pledge on PPErestrictions, pledge on PPE
Spare parts, whichSpare parts, whichSpare parts, whichSpare parts, which werewerewerewere being treated as inventorybeing treated as inventorybeing treated as inventorybeing treated as inventory &&&&
areareareare now required to be capitalised as per AS 10, to benow required to be capitalised as per AS 10, to benow required to be capitalised as per AS 10, to benow required to be capitalised as per AS 10, to be
capitalised at their carrying amounts &capitalised at their carrying amounts &capitalised at their carrying amounts &capitalised at their carrying amounts & depreciateddepreciateddepreciateddepreciated overoveroverover
their remaining useful lives prospectivelytheir remaining useful lives prospectivelytheir remaining useful lives prospectivelytheir remaining useful lives prospectively
CA. Pramod Jain
OTHER IMPORTANT AMENDMENTSOTHER IMPORTANT AMENDMENTSOTHER IMPORTANT AMENDMENTSOTHER IMPORTANT AMENDMENTS
AS 2AS 2AS 2AS 2 ---- EarlierEarlierEarlierEarlier ---- Machinery Spares which can beMachinery Spares which can beMachinery Spares which can beMachinery Spares which can be
used only with item of a fixed asset were FA if itsused only with item of a fixed asset were FA if itsused only with item of a fixed asset were FA if itsused only with item of a fixed asset were FA if its
use is irregular.use is irregular.use is irregular.use is irregular.
NowNowNowNow ---- spare parts, servicing equipment andspare parts, servicing equipment andspare parts, servicing equipment andspare parts, servicing equipment and
standby equipment to be FA only as per AS 10standby equipment to be FA only as per AS 10standby equipment to be FA only as per AS 10standby equipment to be FA only as per AS 10
(PPE)(PPE)(PPE)(PPE) –––– 12 month12 month12 month12 month
Common classification for inventories wouldCommon classification for inventories wouldCommon classification for inventories wouldCommon classification for inventories would
include Stockinclude Stockinclude Stockinclude Stock----inininin----trade (in respect of goodstrade (in respect of goodstrade (in respect of goodstrade (in respect of goods
acquired for trading)acquired for trading)acquired for trading)acquired for trading)
AS 4AS 4AS 4AS 4 –––– no provision for proposed dividends nowno provision for proposed dividends nowno provision for proposed dividends nowno provision for proposed dividends now
CA. Pramod Jain
OTHER IMPORTANT AMENDMENTSOTHER IMPORTANT AMENDMENTSOTHER IMPORTANT AMENDMENTSOTHER IMPORTANT AMENDMENTS
AS 13AS 13AS 13AS 13 –––– Investment property at cost modelInvestment property at cost modelInvestment property at cost modelInvestment property at cost model ---- ASASASAS
10 less depreciation and any impairment costs10 less depreciation and any impairment costs10 less depreciation and any impairment costs10 less depreciation and any impairment costs
ASASASAS 14141414 –––– AmalgamationAmalgamationAmalgamationAmalgamation ---- Limited revision toLimited revision toLimited revision toLimited revision to
include reference to Companies Act, 2013include reference to Companies Act, 2013include reference to Companies Act, 2013include reference to Companies Act, 2013
ASASASAS 21212121 ---- Where no subsidiary but an associate /Where no subsidiary but an associate /Where no subsidiary but an associate /Where no subsidiary but an associate /
JV, to prepare CFS as per applicable ASJV, to prepare CFS as per applicable ASJV, to prepare CFS as per applicable ASJV, to prepare CFS as per applicable AS
AS 29AS 29AS 29AS 29 ---- Discounting of decommissioning,Discounting of decommissioning,Discounting of decommissioning,Discounting of decommissioning,
restorationrestorationrestorationrestoration & similar liabilities& similar liabilities& similar liabilities& similar liabilities as per AS 10 atas per AS 10 atas per AS 10 atas per AS 10 at
prepreprepre----tax rate that reflect the current markettax rate that reflect the current markettax rate that reflect the current markettax rate that reflect the current market
assessment of time value of money & and theassessment of time value of money & and theassessment of time value of money & and theassessment of time value of money & and the
risks specific to the liabilityrisks specific to the liabilityrisks specific to the liabilityrisks specific to the liability
CA. Pramod Jain
From FY
2015-16
• Any company
voluntaryvoluntaryvoluntaryvoluntary
From FY
2016-17
• All companies
having net worth of
rupees 500 crore orrupees 500 crore orrupees 500 crore orrupees 500 crore or
more.more.more.more.
• Holding, subsidiary,
joint venture or
associate
companies of above
companies.
From FY
2017-18
• Cos. whose equity or
debt securities are listedlistedlistedlisted
or are in the processor are in the processor are in the processor are in the process of
being listed on any stock
exchange in India or
outside India and having
net worth of <<<< RsRsRsRs. 500. 500. 500. 500
crore.crore.crore.crore.
• Unlisted companiesUnlisted companiesUnlisted companiesUnlisted companies
having net worth of Rs.
250 crores or more250 crores or more250 crores or more250 crores or more butbutbutbut
less thanless thanless thanless than RsRsRsRs. 500 crore.. 500 crore.. 500 crore.. 500 crore.
• Holding, subsidiary, joint
venture or associate
companies of above
companies.
INDINDINDIND ASASASAS –––– ROADMAP FOR OTHER THANROADMAP FOR OTHER THANROADMAP FOR OTHER THANROADMAP FOR OTHER THAN
NBFCNBFCNBFCNBFC & INSURANCE COS.& INSURANCE COS.& INSURANCE COS.& INSURANCE COS.
CA. Pramod Jain
Lunawat & Co.
SCHEDULE IIISCHEDULE IIISCHEDULE IIISCHEDULE III
AmendedAmendedAmendedAmended wwww....eeee....ffff.... 30303030thththth MarchMarchMarchMarch 2017201720172017....
EveryEveryEveryEvery companycompanycompanycompany totototo disclosedisclosedisclosedisclose detailsdetailsdetailsdetails ofofofof SBNSBNSBNSBN
heldheldheldheld &&&& transactedtransactedtransactedtransacted duringduringduringduring 8888////11111111////2016201620162016 totototo
30303030////12121212////2016201620162016 ....
SBNsSBNsSBNsSBNs OtherOtherOtherOther
denominadenominadenominadenomina
tion notestion notestion notestion notes
TotalTotalTotalTotal
Closing cash in hand as on 8.11.2016Closing cash in hand as on 8.11.2016Closing cash in hand as on 8.11.2016Closing cash in hand as on 8.11.2016
(+) Permitted receipts(+) Permitted receipts(+) Permitted receipts(+) Permitted receipts
((((----) Permitted payments) Permitted payments) Permitted payments) Permitted payments
((((----) Amount deposited in Banks) Amount deposited in Banks) Amount deposited in Banks) Amount deposited in Banks
Closing cash in hand as onClosing cash in hand as onClosing cash in hand as onClosing cash in hand as on 30.12.201630.12.201630.12.201630.12.2016
CA. Pramod Jain
AUDITOR’S REPORTAUDITOR’S REPORTAUDITOR’S REPORTAUDITOR’S REPORT
WWWWhetherhetherhetherhether thethethethe companycompanycompanycompany hadhadhadhad providedprovidedprovidedprovided
requisiterequisiterequisiterequisite disclosuresdisclosuresdisclosuresdisclosures inininin itsitsitsits financialfinancialfinancialfinancial
statementsstatementsstatementsstatements asasasas totototo holdingsholdingsholdingsholdings asasasas wellwellwellwell asasasas
dealingsdealingsdealingsdealings inininin SpecifiedSpecifiedSpecifiedSpecified BankBankBankBank NotesNotesNotesNotes duringduringduringduring
thethethethe periodperiodperiodperiod fromfromfromfrom 8888 NovemberNovemberNovemberNovember 2016201620162016 totototo 30303030
DecemberDecemberDecemberDecember 2016201620162016
AAAAndndndnd ifififif sosososo
WhetherWhetherWhetherWhether thesethesethesethese areareareare inininin accordanceaccordanceaccordanceaccordance withwithwithwith
thethethethe booksbooksbooksbooks ofofofof accountsaccountsaccountsaccounts maintainedmaintainedmaintainedmaintained bybybyby thethethethe
companycompanycompanycompany....
CA. Pramod Jain
ICAIICAIICAIICAI IMPLEMENTATION GUIDEIMPLEMENTATION GUIDEIMPLEMENTATION GUIDEIMPLEMENTATION GUIDE
ICAI implementation Guide forICAI implementation Guide forICAI implementation Guide forICAI implementation Guide for
amendment to Auditor Report & Scheduleamendment to Auditor Report & Scheduleamendment to Auditor Report & Scheduleamendment to Auditor Report & Schedule
III issued onIII issued onIII issued onIII issued on 15th April 201715th April 201715th April 201715th April 2017
Disclosure shouldDisclosure shouldDisclosure shouldDisclosure should be mentioned in termsbe mentioned in termsbe mentioned in termsbe mentioned in terms
of INR, thus there is no specificof INR, thus there is no specificof INR, thus there is no specificof INR, thus there is no specific
requirement to mention the denominationrequirement to mention the denominationrequirement to mention the denominationrequirement to mention the denomination
also in which closing cash balance duringalso in which closing cash balance duringalso in which closing cash balance duringalso in which closing cash balance during
the specified period was heldthe specified period was heldthe specified period was heldthe specified period was held
Auditors also to report for all reportsAuditors also to report for all reportsAuditors also to report for all reportsAuditors also to report for all reports
issued after 30issued after 30issued after 30issued after 30thththth March 2017March 2017March 2017March 2017
CA. Pramod Jain
WHAT TO DOWHAT TO DOWHAT TO DOWHAT TO DO
Obtain cash balance certificates withObtain cash balance certificates withObtain cash balance certificates withObtain cash balance certificates with
denominations as ondenominations as ondenominations as ondenominations as on 8.11.168.11.168.11.168.11.16 &&&& 30.12.1630.12.1630.12.1630.12.16
Obtain cash book and bank statements forObtain cash book and bank statements forObtain cash book and bank statements forObtain cash book and bank statements for
demonetization perioddemonetization perioddemonetization perioddemonetization period –––– keep a signed copy inkeep a signed copy inkeep a signed copy inkeep a signed copy in
audit documents, wherever feasibleaudit documents, wherever feasibleaudit documents, wherever feasibleaudit documents, wherever feasible
Perform audit proceduresPerform audit proceduresPerform audit proceduresPerform audit procedures
Verifying permitted SBN transactionsVerifying permitted SBN transactionsVerifying permitted SBN transactionsVerifying permitted SBN transactions
Obtain information as per ICAI implementationObtain information as per ICAI implementationObtain information as per ICAI implementationObtain information as per ICAI implementation
guideguideguideguide
Obtain due MRObtain due MRObtain due MRObtain due MR
Issue report accordinglyIssue report accordinglyIssue report accordinglyIssue report accordingly
CA. Pramod Jain
SBNsSBNsSBNsSBNs Other DenominationOther DenominationOther DenominationOther Denomination
NotesNotesNotesNotes
TotalTotalTotalTotal
DenomDenomDenomDenom
inationinationinationination
AmoAmoAmoAmo
untuntuntunt
DenominatiDenominatiDenominatiDenominati
onononon
AmountAmountAmountAmount DenomiDenomiDenomiDenomi
nationnationnationnation
AmoAmoAmoAmo
untuntuntunt
Closing Balance as onClosing Balance as onClosing Balance as onClosing Balance as on
8.11.20168.11.20168.11.20168.11.2016
Add: Withdrawal from bankAdd: Withdrawal from bankAdd: Withdrawal from bankAdd: Withdrawal from bank NANANANA NilNilNilNil
Add: Receipts for permittedAdd: Receipts for permittedAdd: Receipts for permittedAdd: Receipts for permitted
transactionstransactionstransactionstransactions
Add: Receipts for nonAdd: Receipts for nonAdd: Receipts for nonAdd: Receipts for non----
permitted transactionspermitted transactionspermitted transactionspermitted transactions
Less: Paid for permittedLess: Paid for permittedLess: Paid for permittedLess: Paid for permitted
transactionstransactionstransactionstransactions
Less: Paid for nonLess: Paid for nonLess: Paid for nonLess: Paid for non----permittedpermittedpermittedpermitted
transactionstransactionstransactionstransactions
Less: Deposited in BankLess: Deposited in BankLess: Deposited in BankLess: Deposited in Bank
Closing Balance as onClosing Balance as onClosing Balance as onClosing Balance as on
30.12.201630.12.201630.12.201630.12.2016
CA. Pramod Jain
SUGGESTED M. R.SUGGESTED M. R.SUGGESTED M. R.SUGGESTED M. R.
WeWeWeWe have appropriately disclosed {Refer Note [ ]},have appropriately disclosed {Refer Note [ ]},have appropriately disclosed {Refer Note [ ]},have appropriately disclosed {Refer Note [ ]},
the details of Specified Bank Notes (SBN) heldthe details of Specified Bank Notes (SBN) heldthe details of Specified Bank Notes (SBN) heldthe details of Specified Bank Notes (SBN) held
and transacted during the period fromand transacted during the period fromand transacted during the period fromand transacted during the period from
8.11.20168.11.20168.11.20168.11.2016 totototo 30.12.201630.12.201630.12.201630.12.2016 pursuant to thepursuant to thepursuant to thepursuant to the
requirement of Notification G.S.R 308(E) datedrequirement of Notification G.S.R 308(E) datedrequirement of Notification G.S.R 308(E) datedrequirement of Notification G.S.R 308(E) dated
30th March 2017.30th March 2017.30th March 2017.30th March 2017.
FurtherFurtherFurtherFurther we confirm that we have compliedwe confirm that we have compliedwe confirm that we have compliedwe confirm that we have complied withwithwithwith
all relevantall relevantall relevantall relevant guidelines / notificationsguidelines / notificationsguidelines / notificationsguidelines / notifications issued byissued byissued byissued by
RBIRBIRBIRBI from time to time in respect of holding andfrom time to time in respect of holding andfrom time to time in respect of holding andfrom time to time in respect of holding and
dealing withdealing withdealing withdealing with SBN,SBN,SBN,SBN, and that the company hadand that the company hadand that the company hadand that the company had
proper controls, system and procedures in placeproper controls, system and procedures in placeproper controls, system and procedures in placeproper controls, system and procedures in place
for such compliances.for such compliances.for such compliances.for such compliances.
CA. Pramod Jain
REPORTING FORMATSREPORTING FORMATSREPORTING FORMATSREPORTING FORMATS
CleanCleanCleanClean ReportReportReportReport::::
BasedBasedBasedBased onononon auditauditauditaudit proceduresproceduresproceduresprocedures andandandand relyingrelyingrelyingrelying onononon thethethethe
managementmanagementmanagementmanagement representationrepresentationrepresentationrepresentation wewewewe reportreportreportreport thatthatthatthat thethethethe
disclosuresdisclosuresdisclosuresdisclosures areareareare inininin accordanceaccordanceaccordanceaccordance withwithwithwith booksbooksbooksbooks ofofofof accountaccountaccountaccount
maintainedmaintainedmaintainedmaintained bybybyby thethethethe CompanyCompanyCompanyCompany andandandand asasasas producedproducedproducedproduced totototo usususus bybybyby thethethethe
ManagementManagementManagementManagement –––– ReferReferReferRefer NoteNoteNoteNote [*][*][*][*]
WhereWhereWhereWhere clauseclauseclauseclause notnotnotnot applicableapplicableapplicableapplicable::::
TheTheTheThe CompanyCompanyCompanyCompany diddiddiddid notnotnotnot havehavehavehave anyanyanyany holdingsholdingsholdingsholdings orororor dealingsdealingsdealingsdealings inininin
SpecifiedSpecifiedSpecifiedSpecified BankBankBankBank NotesNotesNotesNotes duringduringduringduring thethethethe periodperiodperiodperiod fromfromfromfrom 8888thththth
November,November,November,November, 2016201620162016 totototo 30303030thththth December,December,December,December, 2016201620162016 –––– ReferReferReferRefer NoteNoteNoteNote
[*][*][*][*]
TheTheTheThe disclosuredisclosuredisclosuredisclosure requirementrequirementrequirementrequirement asasasas envisagedenvisagedenvisagedenvisaged inininin NotificationNotificationNotificationNotification
GGGG....SSSS....RRRR 308308308308(E)(E)(E)(E) dateddateddateddated 30303030thththth MarchMarchMarchMarch 2017201720172017 isisisis notnotnotnot applicableapplicableapplicableapplicable totototo
thethethethe CompanyCompanyCompanyCompany ---- ReferReferReferRefer NoteNoteNoteNote [*][*][*][*]
CA. Pramod Jain
REPORTING FORMATSREPORTING FORMATSREPORTING FORMATSREPORTING FORMATS
CompanyCompanyCompanyCompany providedprovidedprovidedprovided details,details,details,details, butbutbutbut auditorauditorauditorauditor couldcouldcouldcould notnotnotnot verifyverifyverifyverify
duedueduedue totototo nonnonnonnon----availabilityavailabilityavailabilityavailability ofofofof sufficientsufficientsufficientsufficient andandandand appropriateappropriateappropriateappropriate
auditauditauditaudit evidenceevidenceevidenceevidence resultingresultingresultingresulting intointointointo scopescopescopescope limitationlimitationlimitationlimitation
TheTheTheThe CompanyCompanyCompanyCompany hashashashas providedprovidedprovidedprovided requisiterequisiterequisiterequisite disclosuresdisclosuresdisclosuresdisclosures inininin thethethethe
financialfinancialfinancialfinancial statementsstatementsstatementsstatements asasasas totototo holdingsholdingsholdingsholdings asasasas wellwellwellwell asasasas dealingsdealingsdealingsdealings
inininin SpecifiedSpecifiedSpecifiedSpecified BankBankBankBank NotesNotesNotesNotes duringduringduringduring thethethethe periodperiodperiodperiod fromfromfromfrom 8888thththth
November,November,November,November, 2016201620162016 totototo 30303030thththth December,December,December,December, 2016201620162016.... However,However,However,However,
wewewewe areareareare unableunableunableunable totototo obtainobtainobtainobtain sufficientsufficientsufficientsufficient andandandand appropriateappropriateappropriateappropriate
auditauditauditaudit evidenceevidenceevidenceevidence totototo reportreportreportreport onononon whetherwhetherwhetherwhether thethethethe disclosuresdisclosuresdisclosuresdisclosures areareareare
inininin accordanceaccordanceaccordanceaccordance withwithwithwith booksbooksbooksbooks ofofofof accountaccountaccountaccount maintainedmaintainedmaintainedmaintained bybybyby thethethethe
CompanyCompanyCompanyCompany andandandand asasasas producedproducedproducedproduced totototo usususus bybybyby thethethethe ManagementManagementManagementManagement ––––
ReferReferReferRefer NoteNoteNoteNote [*][*][*][*];;;;
AlsoAlsoAlsoAlso commentcommentcommentcomment inininin reportreportreportreport –––– notnotnotnot receivedreceivedreceivedreceived informationinformationinformationinformation
CA. Pramod Jain
REPORTING FORMATSREPORTING FORMATSREPORTING FORMATSREPORTING FORMATS
CompanyCompanyCompanyCompany diddiddiddid notnotnotnot givegivegivegive disclosuresdisclosuresdisclosuresdisclosures::::
TheTheTheThe CompanyCompanyCompanyCompany hashashashas notnotnotnot providedprovidedprovidedprovided requisiterequisiterequisiterequisite disclosuresdisclosuresdisclosuresdisclosures inininin thethethethe
financialfinancialfinancialfinancial statementsstatementsstatementsstatements asasasas totototo holdingsholdingsholdingsholdings asasasas wellwellwellwell asasasas dealingsdealingsdealingsdealings inininin
SpecifiedSpecifiedSpecifiedSpecified BankBankBankBank NotesNotesNotesNotes duringduringduringduring thethethethe periodperiodperiodperiod fromfromfromfrom 8888thththth November,November,November,November,
2016201620162016 totototo 30303030thththth December,December,December,December, 2016201620162016.
CompanyCompanyCompanyCompany diddiddiddid notnotnotnot givegivegivegive certaincertaincertaincertain requisiterequisiterequisiterequisite disclosuresdisclosuresdisclosuresdisclosures::::
TheTheTheThe CompanyCompanyCompanyCompany hashashashas notnotnotnot providedprovidedprovidedprovided certaincertaincertaincertain requisiterequisiterequisiterequisite disclosuresdisclosuresdisclosuresdisclosures inininin
thethethethe FSFSFSFS asasasas totototo holdingsholdingsholdingsholdings asasasas wellwellwellwell asasasas dealingsdealingsdealingsdealings inininin SpecifiedSpecifiedSpecifiedSpecified BankBankBankBank
NotesNotesNotesNotes duringduringduringduring periodperiodperiodperiod fromfromfromfrom 8888....11111111....2016201620162016 totototo 30303030....12121212....2016201620162016....
ConsequentlyConsequentlyConsequentlyConsequently wewewewe areareareare unableunableunableunable totototo obtainobtainobtainobtain sufficientsufficientsufficientsufficient andandandand appropriateappropriateappropriateappropriate
auditauditauditaudit evidenceevidenceevidenceevidence totototo reportreportreportreport whetherwhetherwhetherwhether thethethethe disclosuresdisclosuresdisclosuresdisclosures totototo thethethethe extentextentextentextent
statedstatedstatedstated inininin thethethethe notesnotesnotesnotes areareareare inininin accordanceaccordanceaccordanceaccordance withwithwithwith booksbooksbooksbooks ofofofof accountaccountaccountaccount
maintainedmaintainedmaintainedmaintained bybybyby thethethethe CompanyCompanyCompanyCompany andandandand asasasas producedproducedproducedproduced totototo usususus bybybyby thethethethe
ManagementManagementManagementManagement –––– ReferReferReferRefer NoteNoteNoteNote [*][*][*][*]
AlsoAlsoAlsoAlso commentcommentcommentcomment inininin bothbothbothboth casescasescasescases –––– notnotnotnot receivedreceivedreceivedreceived informationinformationinformationinformation
CA. Pramod Jain
REPORTING FORMATSREPORTING FORMATSREPORTING FORMATSREPORTING FORMATS
CompanyCompanyCompanyCompany hashashashas disclosed,disclosed,disclosed,disclosed, butbutbutbut havehavehavehave transactedtransactedtransactedtransacted inininin nonnonnonnon----
permittedpermittedpermittedpermitted receipt/paymentsreceipt/paymentsreceipt/paymentsreceipt/payments
TheTheTheThe CompanyCompanyCompanyCompany hashashashas providedprovidedprovidedprovided requisiterequisiterequisiterequisite disclosuresdisclosuresdisclosuresdisclosures
inininin thethethethe financialfinancialfinancialfinancial statementsstatementsstatementsstatements asasasas totototo holdingsholdingsholdingsholdings asasasas wellwellwellwell
asasasas dealingsdealingsdealingsdealings inininin SpecifiedSpecifiedSpecifiedSpecified BankBankBankBank NotesNotesNotesNotes duringduringduringduring thethethethe
periodperiodperiodperiod fromfromfromfrom 8888thththth November,November,November,November, 2016201620162016 totototo 30303030thththth
December,December,December,December, 2016201620162016.... However,However,However,However, asasasas statedstatedstatedstated inininin notesnotesnotesnotes [*][*][*][*]
totototo thethethethe financialfinancialfinancialfinancial statementsstatementsstatementsstatements amountsamountsamountsamounts aggregatingaggregatingaggregatingaggregating
totototo RsRsRsRs.... [[[[ ]]]] asasasas representedrepresentedrepresentedrepresented totototo usususus bybybyby thethethethe ManagementManagementManagementManagement
havehavehavehave beenbeenbeenbeen utilizedutilizedutilizedutilized forforforfor otherotherotherother thanthanthanthan permittedpermittedpermittedpermitted
transactions/receivedtransactions/receivedtransactions/receivedtransactions/received amountamountamountamount aggregatingaggregatingaggregatingaggregating RsRsRsRs.... [[[[ ]]]]
fromfromfromfrom transactionstransactionstransactionstransactions whichwhichwhichwhich areareareare notnotnotnot permittedpermittedpermittedpermitted;;;;
CA. Pramod Jain
APPLICABILITY OVERVIEWAPPLICABILITY OVERVIEW
CA. Pramod Jain
ICDSICDSICDSICDS BACKGROUNDBACKGROUNDBACKGROUNDBACKGROUND
CG notified 10 ICDS vide notification no. 32 of 2015CG notified 10 ICDS vide notification no. 32 of 2015CG notified 10 ICDS vide notification no. 32 of 2015CG notified 10 ICDS vide notification no. 32 of 2015
dated 31dated 31dated 31dated 31stststst March 2015 which were applicable fromMarch 2015 which were applicable fromMarch 2015 which were applicable fromMarch 2015 which were applicable from
AY 2016AY 2016AY 2016AY 2016----17 onwards17 onwards17 onwards17 onwards
Due to various issues and representations madeDue to various issues and representations madeDue to various issues and representations madeDue to various issues and representations made
referred to Expert committee.referred to Expert committee.referred to Expert committee.referred to Expert committee.
ICDS deferred by 1 year (P. R. Dt. 6ICDS deferred by 1 year (P. R. Dt. 6ICDS deferred by 1 year (P. R. Dt. 6ICDS deferred by 1 year (P. R. Dt. 6thththth July 2016).July 2016).July 2016).July 2016).
CBDT rescinded the old ICDS through notification no.CBDT rescinded the old ICDS through notification no.CBDT rescinded the old ICDS through notification no.CBDT rescinded the old ICDS through notification no.
86/2016 dated 2986/2016 dated 2986/2016 dated 2986/2016 dated 29thththth September 2016 and issuedSeptember 2016 and issuedSeptember 2016 and issuedSeptember 2016 and issued
revised ICDS vide notification no. 87/2016 andrevised ICDS vide notification no. 87/2016 andrevised ICDS vide notification no. 87/2016 andrevised ICDS vide notification no. 87/2016 and
amendedamendedamendedamended TTTTaxaxaxax AAAAudit Form 3CD.udit Form 3CD.udit Form 3CD.udit Form 3CD.
Also issued FAQs dated 25Also issued FAQs dated 25Also issued FAQs dated 25Also issued FAQs dated 25thththth March 2017March 2017March 2017March 2017
CA. Pramod Jain
WHO TO FOLLOWWHO TO FOLLOWWHO TO FOLLOWWHO TO FOLLOW ICDSICDSICDSICDS
AssesseeAssesseeAssesseeAssessee
havinghavinghavinghaving
PGBP &PGBP &PGBP &PGBP &
OtherOtherOtherOther
SourceSourceSourceSource
incomeincomeincomeincome
havinghavinghavinghaving
Method ofMethod ofMethod ofMethod of
AccountingAccountingAccountingAccounting
MercantileMercantileMercantileMercantile
Individual &Individual &Individual &Individual &
HUFHUFHUFHUF
Tax AuditTax AuditTax AuditTax Audit ––––
To followTo followTo followTo follow
ICDSICDSICDSICDS
No TaxNo TaxNo TaxNo Tax
AuditAuditAuditAudit –––– NoNoNoNo
ICDSICDSICDSICDS
OthersOthersOthersOthers
To followTo followTo followTo follow
ICDSICDSICDSICDS
CashCashCashCash No ICDSNo ICDSNo ICDSNo ICDS
CA. Pramod Jain
SUMMARYSUMMARYSUMMARYSUMMARY
•Section 145(2)Section 145(2)Section 145(2)Section 145(2)SourceSourceSourceSource
•W.e.fW.e.fW.e.fW.e.f. AY 2017. AY 2017. AY 2017. AY 2017----18181818Effective DateEffective DateEffective DateEffective Date
•Only on PGBP & Other SourceOnly on PGBP & Other SourceOnly on PGBP & Other SourceOnly on PGBP & Other Source
•If accounts on mercantile basisIf accounts on mercantile basisIf accounts on mercantile basisIf accounts on mercantile basis
Heads ofHeads ofHeads ofHeads of
IncomeIncomeIncomeIncome
•10 vide Not. Dt. 29.09.201610 vide Not. Dt. 29.09.201610 vide Not. Dt. 29.09.201610 vide Not. Dt. 29.09.2016
No. ofNo. ofNo. ofNo. of
StandardsStandardsStandardsStandards
•Para 13 of Form 3CD & ITRPara 13 of Form 3CD & ITRPara 13 of Form 3CD & ITRPara 13 of Form 3CD & ITRDisclosureDisclosureDisclosureDisclosure
CA. Pramod Jain
CORRESPONDING AS /CORRESPONDING AS /CORRESPONDING AS /CORRESPONDING AS / INDINDINDIND ASASASAS
ICDICDICDICD
SSSS
Name of ICDSName of ICDSName of ICDSName of ICDS CorrespondiCorrespondiCorrespondiCorrespondi
ng ASng ASng ASng AS
CorrespondingCorrespondingCorrespondingCorresponding
IndIndIndInd ASASASAS
IIII Accounting PoliciesAccounting PoliciesAccounting PoliciesAccounting Policies 1 & 51 & 51 & 51 & 5 1111 & 8& 8& 8& 8
IIIIIIII Valuation of InventoriesValuation of InventoriesValuation of InventoriesValuation of Inventories 2222 2222
IIIIIIIIIIII Construction ContractsConstruction ContractsConstruction ContractsConstruction Contracts 7777 11111111
IVIVIVIV Revenue RecognitionRevenue RecognitionRevenue RecognitionRevenue Recognition 9999 11111111
VVVV Tangible Fixed AssetsTangible Fixed AssetsTangible Fixed AssetsTangible Fixed Assets 10101010 16161616
VIVIVIVI Changes in Foreign Exchange RatesChanges in Foreign Exchange RatesChanges in Foreign Exchange RatesChanges in Foreign Exchange Rates 11111111 21212121
VIIVIIVIIVII Government GrantsGovernment GrantsGovernment GrantsGovernment Grants 12121212 20202020
VIIIVIIIVIIIVIII SecuritiesSecuritiesSecuritiesSecurities 13131313 109109109109
IXIXIXIX Borrowing CostsBorrowing CostsBorrowing CostsBorrowing Costs 16161616 23232323
XXXX Provisions, Contingent Liabilities &Provisions, Contingent Liabilities &Provisions, Contingent Liabilities &Provisions, Contingent Liabilities &
ContingentContingentContingentContingent AssetsAssetsAssetsAssets
29292929 37373737
CA. Pramod Jain
BASICSBASICSBASICSBASICS
It’s for income computation only and NOT forIt’s for income computation only and NOT forIt’s for income computation only and NOT forIt’s for income computation only and NOT for
books maintenancebooks maintenancebooks maintenancebooks maintenance
Is separate books to be maintained?Is separate books to be maintained?Is separate books to be maintained?Is separate books to be maintained?
ICAI standards amendedICAI standards amendedICAI standards amendedICAI standards amended –––– Examples removedExamples removedExamples removedExamples removed
Would it impact incomes u/s 44AD, 44AE,Would it impact incomes u/s 44AD, 44AE,Would it impact incomes u/s 44AD, 44AE,Would it impact incomes u/s 44AD, 44AE, etcetcetcetc????
FAQFAQFAQFAQ ---- ApplicableApplicableApplicableApplicable on 44on 44on 44on 44 AD…whereverAD…whereverAD…whereverAD…wherever possiblepossiblepossiblepossible ––––
exampleexampleexampleexample constructionconstructionconstructionconstruction contracts, revenuecontracts, revenuecontracts, revenuecontracts, revenue
recognition??recognition??recognition??recognition??
What about firms under s. 44AD?What about firms under s. 44AD?What about firms under s. 44AD?What about firms under s. 44AD?
No ICDS details in ITR 1, 2 & 4No ICDS details in ITR 1, 2 & 4No ICDS details in ITR 1, 2 & 4No ICDS details in ITR 1, 2 & 4
CA. Pramod Jain
BASICSBASICSBASICSBASICS
WouldWouldWouldWould it impact MAT / AMT??it impact MAT / AMT??it impact MAT / AMT??it impact MAT / AMT??
ICDS not to apply on MAT but applicable on AMTICDS not to apply on MAT but applicable on AMTICDS not to apply on MAT but applicable on AMTICDS not to apply on MAT but applicable on AMT –––– QQQQ
6 FAQ6 FAQ6 FAQ6 FAQ
Take care of AS 22Take care of AS 22Take care of AS 22Take care of AS 22
What if assesse has no business income but onlyWhat if assesse has no business income but onlyWhat if assesse has no business income but onlyWhat if assesse has no business income but only
income from other sources?income from other sources?income from other sources?income from other sources?
What if has one business on mercantile basis andWhat if has one business on mercantile basis andWhat if has one business on mercantile basis andWhat if has one business on mercantile basis and
other on cash ?other on cash ?other on cash ?other on cash ?
Transitional provisionsTransitional provisionsTransitional provisionsTransitional provisions ---- neither double taxation norneither double taxation norneither double taxation norneither double taxation nor
escapement ofescapement ofescapement ofescapement of incomeincomeincomeincome
Disclosure requirements in 8 ICDSDisclosure requirements in 8 ICDSDisclosure requirements in 8 ICDSDisclosure requirements in 8 ICDS
CA. Pramod Jain
ICDSICDSICDSICDS VS. JUDICIAL PRECEDENTSVS. JUDICIAL PRECEDENTSVS. JUDICIAL PRECEDENTSVS. JUDICIAL PRECEDENTS
InInInIn AvinderAvinderAvinderAvinder Singh [AIR 1979 SC 321]Singh [AIR 1979 SC 321]Singh [AIR 1979 SC 321]Singh [AIR 1979 SC 321] SCSCSCSC held that whatheld that whatheld that whatheld that what
constitutes an essential feature cannot be delineated.constitutes an essential feature cannot be delineated.constitutes an essential feature cannot be delineated.constitutes an essential feature cannot be delineated.
It laidIt laidIt laidIt laid downdowndowndown followingfollowingfollowingfollowing tests for valid delegationtests for valid delegationtests for valid delegationtests for valid delegation ::::
LegislatureLegislatureLegislatureLegislature cannot effacecannot effacecannot effacecannot efface itselfitselfitselfitself
It cannot delegateIt cannot delegateIt cannot delegateIt cannot delegate plenaryplenaryplenaryplenary or the essential legislativeor the essential legislativeor the essential legislativeor the essential legislative
functionfunctionfunctionfunction
Even if there beEven if there beEven if there beEven if there be delegationdelegationdelegationdelegation, Parliamentary control over, Parliamentary control over, Parliamentary control over, Parliamentary control over
delegated legislation should be a living continuity as adelegated legislation should be a living continuity as adelegated legislation should be a living continuity as adelegated legislation should be a living continuity as a
constitutional necessityconstitutional necessityconstitutional necessityconstitutional necessity....
FAQFAQFAQFAQ ---- ICDS notified u/s 145(2)ICDS notified u/s 145(2)ICDS notified u/s 145(2)ICDS notified u/s 145(2) &&&& would be applicablewould be applicablewould be applicablewould be applicable
to transactional issues dealt therein from AY 2017to transactional issues dealt therein from AY 2017to transactional issues dealt therein from AY 2017to transactional issues dealt therein from AY 2017----18181818
onwardsonwardsonwardsonwards
Lunawat & Co.
VALIDITY OF DELEGATED LEGISLATIONVALIDITY OF DELEGATED LEGISLATIONVALIDITY OF DELEGATED LEGISLATIONVALIDITY OF DELEGATED LEGISLATION
AS 22 validity (delegated legislation) came upAS 22 validity (delegated legislation) came upAS 22 validity (delegated legislation) came upAS 22 validity (delegated legislation) came up
before the Supreme court in the case ofbefore the Supreme court in the case ofbefore the Supreme court in the case ofbefore the Supreme court in the case of J.K.J.K.J.K.J.K.
Industries Ltd. v. Union of India [2008] 297 ITR 176Industries Ltd. v. Union of India [2008] 297 ITR 176Industries Ltd. v. Union of India [2008] 297 ITR 176Industries Ltd. v. Union of India [2008] 297 ITR 176
(SC)(SC)(SC)(SC)
Supreme Court upheld the validity of the RuleSupreme Court upheld the validity of the RuleSupreme Court upheld the validity of the RuleSupreme Court upheld the validity of the Rule
adopting ASadopting ASadopting ASadopting AS‐‐‐‐22 and held that the disclosure of22 and held that the disclosure of22 and held that the disclosure of22 and held that the disclosure of
true and fair view of the profits and the state oftrue and fair view of the profits and the state oftrue and fair view of the profits and the state oftrue and fair view of the profits and the state of
affairs is the guideline inherent in the provisionsaffairs is the guideline inherent in the provisionsaffairs is the guideline inherent in the provisionsaffairs is the guideline inherent in the provisions
of the Companies Act delegating the powers toof the Companies Act delegating the powers toof the Companies Act delegating the powers toof the Companies Act delegating the powers to
notify accounting standards and that thenotify accounting standards and that thenotify accounting standards and that thenotify accounting standards and that the
adoption of ASadoption of ASadoption of ASadoption of AS‐‐‐‐22 was within such guideline22 was within such guideline22 was within such guideline22 was within such guideline
CA. Pramod Jain
SEQUENCE OF PREVALENCESEQUENCE OF PREVALENCESEQUENCE OF PREVALENCESEQUENCE OF PREVALENCE
ACTACTACTACT
RULESRULESRULESRULES
ICDSICDSICDSICDS
JUDICIALJUDICIALJUDICIALJUDICIAL
PRECEDENTSPRECEDENTSPRECEDENTSPRECEDENTS
CA. Pramod Jain
WHAT TO DOWHAT TO DOWHAT TO DOWHAT TO DO
CA. Pramod Jain
ICDSICDSICDSICDS STUDY & EVALUATIONSTUDY & EVALUATIONSTUDY & EVALUATIONSTUDY & EVALUATION
AssesseAssesseAssesseAssesse AuditorAuditorAuditorAuditor
CA. Pramod Jain
ICDSICDSICDSICDS CHECKLISTCHECKLISTCHECKLISTCHECKLIST
ICDICDICDICD
SSSS
Name of ICDSName of ICDSName of ICDSName of ICDS WhetherWhetherWhetherWhether
ApplicableApplicableApplicableApplicable
Amounts inAmounts inAmounts inAmounts in
ITR & 3CDITR & 3CDITR & 3CDITR & 3CD
DisclosurDisclosurDisclosurDisclosur
es in 3CDes in 3CDes in 3CDes in 3CD
RemaRemaRemaRema
rksrksrksrks
IIII Accounting PoliciesAccounting PoliciesAccounting PoliciesAccounting Policies YesYesYesYes
IIIIIIII Valuation of InventoriesValuation of InventoriesValuation of InventoriesValuation of Inventories
IIIIIIIIIIII Construction ContractsConstruction ContractsConstruction ContractsConstruction Contracts
IVIVIVIV Revenue RecognitionRevenue RecognitionRevenue RecognitionRevenue Recognition YesYesYesYes
VVVV Tangible Fixed AssetsTangible Fixed AssetsTangible Fixed AssetsTangible Fixed Assets
VIVIVIVI Changes in Foreign ExchangeChanges in Foreign ExchangeChanges in Foreign ExchangeChanges in Foreign Exchange
RatesRatesRatesRates
VIIVIIVIIVII Government GrantsGovernment GrantsGovernment GrantsGovernment Grants
VIIIVIIIVIIIVIII SecuritiesSecuritiesSecuritiesSecurities
IXIXIXIX Borrowing CostsBorrowing CostsBorrowing CostsBorrowing Costs
XXXX Provisions, ContingentProvisions, ContingentProvisions, ContingentProvisions, Contingent
Liabilities& ContingentLiabilities& ContingentLiabilities& ContingentLiabilities& Contingent AssetsAssetsAssetsAssets
CA. Pramod Jain
FORM 3CDFORM 3CDFORM 3CDFORM 3CD ––––CLAUSECLAUSECLAUSECLAUSE ---- 13131313
(a) Method of accounting employed in(a) Method of accounting employed in(a) Method of accounting employed in(a) Method of accounting employed in
previous yearprevious yearprevious yearprevious year
(b) Change in method of accounting applied(b) Change in method of accounting applied(b) Change in method of accounting applied(b) Change in method of accounting applied
(c) If, yes, effect thereof on profit / loss(c) If, yes, effect thereof on profit / loss(c) If, yes, effect thereof on profit / loss(c) If, yes, effect thereof on profit / loss
(Old d) Deviation in method of accounting(Old d) Deviation in method of accounting(Old d) Deviation in method of accounting(Old d) Deviation in method of accounting
from accounting standards prescribed u/sfrom accounting standards prescribed u/sfrom accounting standards prescribed u/sfrom accounting standards prescribed u/s
145 and effect thereof on P/L145 and effect thereof on P/L145 and effect thereof on P/L145 and effect thereof on P/L
ICDS reporting brought inICDS reporting brought inICDS reporting brought inICDS reporting brought in w.e.fw.e.fw.e.fw.e.f. 1.4.2017. 1.4.2017. 1.4.2017. 1.4.2017
CA. Pramod Jain
FORM 3CDFORM 3CDFORM 3CDFORM 3CD ––––CLAUSECLAUSECLAUSECLAUSE ---- 13131313
((((d)d)d)d) –––– whether any adjustment is required towhether any adjustment is required towhether any adjustment is required towhether any adjustment is required to
be made to the profits or loss for complyingbe made to the profits or loss for complyingbe made to the profits or loss for complyingbe made to the profits or loss for complying
with the ICDS notified u/s 145(2)with the ICDS notified u/s 145(2)with the ICDS notified u/s 145(2)with the ICDS notified u/s 145(2)
(e)(e)(e)(e) –––– Is, yes, give detailsIs, yes, give detailsIs, yes, give detailsIs, yes, give details
(f)(f)(f)(f) –––– Disclosure as per ICDSDisclosure as per ICDSDisclosure as per ICDSDisclosure as per ICDS
For 8 standardsFor 8 standardsFor 8 standardsFor 8 standards
Two omitted as no disclosure required as perTwo omitted as no disclosure required as perTwo omitted as no disclosure required as perTwo omitted as no disclosure required as per
the standard:the standard:the standard:the standard:
Changes in Foreign Exchange RatesChanges in Foreign Exchange RatesChanges in Foreign Exchange RatesChanges in Foreign Exchange Rates
SecuritiesSecuritiesSecuritiesSecurities
CA. Pramod Jain
FORM 3CDFORM 3CDFORM 3CDFORM 3CD ––––CLAUSECLAUSECLAUSECLAUSE –––– 13131313 ---- ICDSICDSICDSICDS
ICDICDICDICD
SSSS
Name of ICDSName of ICDSName of ICDSName of ICDS IncreaseIncreaseIncreaseIncrease
in Profitin Profitin Profitin Profit
DecreaseDecreaseDecreaseDecrease
in Profitin Profitin Profitin Profit
NetNetNetNet
((((RsRsRsRs.).).).)
DescriptiDescriptiDescriptiDescripti
onononon
IIII Accounting PoliciesAccounting PoliciesAccounting PoliciesAccounting Policies
IIIIIIII Valuation of InventoriesValuation of InventoriesValuation of InventoriesValuation of Inventories
IIIIIIIIIIII Construction ContractsConstruction ContractsConstruction ContractsConstruction Contracts
IVIVIVIV Revenue RecognitionRevenue RecognitionRevenue RecognitionRevenue Recognition
VVVV Tangible Fixed AssetsTangible Fixed AssetsTangible Fixed AssetsTangible Fixed Assets
VIVIVIVI Changes in Foreign Exchange RatesChanges in Foreign Exchange RatesChanges in Foreign Exchange RatesChanges in Foreign Exchange Rates
VIIVIIVIIVII Government GrantsGovernment GrantsGovernment GrantsGovernment Grants
VIIIVIIIVIIIVIII SecuritiesSecuritiesSecuritiesSecurities
IXIXIXIX Borrowing CostsBorrowing CostsBorrowing CostsBorrowing Costs
XXXX Provisions, ContingentProvisions, ContingentProvisions, ContingentProvisions, Contingent LiabLiabLiabLiab & Assets& Assets& Assets& Assets
TotalTotalTotalTotal
CA. Pramod Jain
ITRITRITRITR
Schedule ICDS Effect of Income Computation Disclosure Standards on profit
Sl. No. ICDS Amount
(i) (ii) (iii)
I Accounting Policies
II Valuation of Inventories
III Construction Contracts
IV Revenue Recognition
V Tangible Fixed Assets
VI Changes in Foreign Exchange Rates
VII Government Grants
VIII Securities
IX Borrowing Costs
X Provisions, Contingent Liabilities and Contingent Assets
XI Total Net effect (I+II+III+IV+V+VI+VII+VIII+IX+X) 0
Is there any impact of this disclosure onIs there any impact of this disclosure onIs there any impact of this disclosure onIs there any impact of this disclosure on
Computation in ITR automatically?Computation in ITR automatically?Computation in ITR automatically?Computation in ITR automatically?
CA. Pramod Jain
WHAT IFWHAT IFWHAT IFWHAT IF ICDSICDSICDSICDS NOT FOLLOWEDNOT FOLLOWEDNOT FOLLOWEDNOT FOLLOWED
Section 145(3Section 145(3Section 145(3Section 145(3)))) ---- AOAOAOAO has the power to make besthas the power to make besthas the power to make besthas the power to make best
judgementjudgementjudgementjudgement assessment u/s. 144 if he is notassessment u/s. 144 if he is notassessment u/s. 144 if he is notassessment u/s. 144 if he is not
satisfied about thesatisfied about thesatisfied about thesatisfied about the ::::----
CorrectnessCorrectnessCorrectnessCorrectness or completeness of the accounts of theor completeness of the accounts of theor completeness of the accounts of theor completeness of the accounts of the
assesseeassesseeassesseeassessee ; or; or; or; or
MethodMethodMethodMethod of accounting is not regularly followedof accounting is not regularly followedof accounting is not regularly followedof accounting is not regularly followed
;;;;orororor
IncomeIncomeIncomeIncome not computed as per ICDSnot computed as per ICDSnot computed as per ICDSnot computed as per ICDS
HenceHenceHenceHence ICDS has to be mandatorily followed or elseICDS has to be mandatorily followed or elseICDS has to be mandatorily followed or elseICDS has to be mandatorily followed or else
bestbestbestbest judgementjudgementjudgementjudgement assessment can be done byassessment can be done byassessment can be done byassessment can be done by
Assessing OfficerAssessing OfficerAssessing OfficerAssessing Officer.
CA. Pramod Jain
CBDT FAQS DT. 23CBDT FAQS DT. 23CBDT FAQS DT. 23CBDT FAQS DT. 23RDRDRDRD MARCH 2017MARCH 2017MARCH 2017MARCH 2017
Total 25 FAQsTotal 25 FAQsTotal 25 FAQsTotal 25 FAQs
ICDS to apply onICDS to apply onICDS to apply onICDS to apply on IndIndIndInd AS FS tooAS FS tooAS FS tooAS FS too
Applicable to all including bankApplicable to all including bankApplicable to all including bankApplicable to all including bank etcetcetcetc unlessunlessunlessunless
specifiedspecifiedspecifiedspecified –––– like ICDS VIII (securities) for certainlike ICDS VIII (securities) for certainlike ICDS VIII (securities) for certainlike ICDS VIII (securities) for certain
financial institutions & ICDS I for Insurancefinancial institutions & ICDS I for Insurancefinancial institutions & ICDS I for Insurancefinancial institutions & ICDS I for Insurance
businessbusinessbusinessbusiness
ReasonableReasonableReasonableReasonable cause is an existing conceptcause is an existing conceptcause is an existing conceptcause is an existing concept
conferring flexibility in deservingconferring flexibility in deservingconferring flexibility in deservingconferring flexibility in deserving casescasescasescases
No specific ICDS yet for real estate developers &No specific ICDS yet for real estate developers &No specific ICDS yet for real estate developers &No specific ICDS yet for real estate developers &
BOT projects and leases. Normal Act & ICDSBOT projects and leases. Normal Act & ICDSBOT projects and leases. Normal Act & ICDSBOT projects and leases. Normal Act & ICDS
applicableapplicableapplicableapplicable
CA. Pramod Jain
CBDT FAQS DT. 23CBDT FAQS DT. 23CBDT FAQS DT. 23CBDT FAQS DT. 23RDRDRDRD MARCH 2017MARCH 2017MARCH 2017MARCH 2017
For Derivative contracts :For Derivative contracts :For Derivative contracts :For Derivative contracts :
Forward contracts and similarForward contracts and similarForward contracts and similarForward contracts and similar ---- ICDS VI [ForeignICDS VI [ForeignICDS VI [ForeignICDS VI [Foreign
Exchange] subject to para 3 of ICDS VIII [securities]Exchange] subject to para 3 of ICDS VIII [securities]Exchange] subject to para 3 of ICDS VIII [securities]Exchange] subject to para 3 of ICDS VIII [securities]
For others ICDS IFor others ICDS IFor others ICDS IFor others ICDS I
DisclosureDisclosureDisclosureDisclosure where to be madewhere to be madewhere to be madewhere to be made –––– Q 25Q 25Q 25Q 25
Net effect of ICDS to be disclosed in IT ReturnNet effect of ICDS to be disclosed in IT ReturnNet effect of ICDS to be disclosed in IT ReturnNet effect of ICDS to be disclosed in IT Return
Form 3CDForm 3CDForm 3CDForm 3CD
No separate disclosures persons who are notNo separate disclosures persons who are notNo separate disclosures persons who are notNo separate disclosures persons who are not
liable for taxliable for taxliable for taxliable for tax auditauditauditaudit
CA. Pramod Jain
IIII ---- ACCOUNTING POLICIESACCOUNTING POLICIESACCOUNTING POLICIESACCOUNTING POLICIES
CA. Pramod Jain
ICDS IICDS IICDS IICDS I –––– ACCOUNTING POLICIESACCOUNTING POLICIESACCOUNTING POLICIESACCOUNTING POLICIES
MaterialityMaterialityMaterialityMateriality and Prudenceand Prudenceand Prudenceand Prudence not followed.not followed.not followed.not followed. OnlyOnlyOnlyOnly
substance oversubstance oversubstance oversubstance over form. No prudence as:form. No prudence as:form. No prudence as:form. No prudence as:
ICDS IIIICDS IIIICDS IIIICDS III ---- Non recognition of expected loss fromNon recognition of expected loss fromNon recognition of expected loss fromNon recognition of expected loss from
construction contract & provisioning for loss onconstruction contract & provisioning for loss onconstruction contract & provisioning for loss onconstruction contract & provisioning for loss on
onerous contractonerous contractonerous contractonerous contract
ICDS IVICDS IVICDS IVICDS IV ---- Reasonable certainty of ultimate collectionReasonable certainty of ultimate collectionReasonable certainty of ultimate collectionReasonable certainty of ultimate collection
is ignored for recognition of revenue throughis ignored for recognition of revenue throughis ignored for recognition of revenue throughis ignored for recognition of revenue through
rendering of service and on Rent, interest, royalty andrendering of service and on Rent, interest, royalty andrendering of service and on Rent, interest, royalty andrendering of service and on Rent, interest, royalty and
dividenddividenddividenddividend
ICDS VIIICDS VIIICDS VIIICDS VII –––– Govt.Govt.Govt.Govt. grantsgrantsgrantsgrants totototo be recognized not laterbe recognized not laterbe recognized not laterbe recognized not later
than its actual receipt eventhan its actual receipt eventhan its actual receipt eventhan its actual receipt even ifififif condition w.r.t to suchcondition w.r.t to suchcondition w.r.t to suchcondition w.r.t to such
grant has not metgrant has not metgrant has not metgrant has not met....
CA. Pramod Jain
ICDS IICDS IICDS IICDS I –––– ACCOUNTING POLICIESACCOUNTING POLICIESACCOUNTING POLICIESACCOUNTING POLICIES
Selection of accounting policy so as to representSelection of accounting policy so as to representSelection of accounting policy so as to representSelection of accounting policy so as to represent
a true and fair view of:a true and fair view of:a true and fair view of:a true and fair view of:
State of affairs; andState of affairs; andState of affairs; andState of affairs; and
Income of business, profession or vocation.Income of business, profession or vocation.Income of business, profession or vocation.Income of business, profession or vocation.
Change in accounting policy only if reasonableChange in accounting policy only if reasonableChange in accounting policy only if reasonableChange in accounting policy only if reasonable
cause. AS 5cause. AS 5cause. AS 5cause. AS 5 –––– only if required by statute,only if required by statute,only if required by statute,only if required by statute,
compliance with AS or more appropriatecompliance with AS or more appropriatecompliance with AS or more appropriatecompliance with AS or more appropriate
presentation of FSpresentation of FSpresentation of FSpresentation of FS
No deduction of expected losses or marked toNo deduction of expected losses or marked toNo deduction of expected losses or marked toNo deduction of expected losses or marked to
marked loss unless as per other ICDSmarked loss unless as per other ICDSmarked loss unless as per other ICDSmarked loss unless as per other ICDS
CA. Pramod Jain
ICDS IICDS IICDS IICDS I –––– ACCOUNTING POLICIESACCOUNTING POLICIESACCOUNTING POLICIESACCOUNTING POLICIES
Judicial Precedents:Judicial Precedents:Judicial Precedents:Judicial Precedents:
DCITDCITDCITDCIT (International Taxation) v. Bank of Bahrain & Kuwait(International Taxation) v. Bank of Bahrain & Kuwait(International Taxation) v. Bank of Bahrain & Kuwait(International Taxation) v. Bank of Bahrain & Kuwait
[2010] 41 SOT 290 (Mum) (SB)[2010] 41 SOT 290 (Mum) (SB)[2010] 41 SOT 290 (Mum) (SB)[2010] 41 SOT 290 (Mum) (SB) ---- LossLossLossLoss incurred onincurred onincurred onincurred on a/ca/ca/ca/c ofofofof
evaluation of contract on last date ofevaluation of contract on last date ofevaluation of contract on last date ofevaluation of contract on last date of B/S is allowableB/S is allowableB/S is allowableB/S is allowable.
AnticipatedAnticipatedAnticipatedAnticipated losseslosseslosseslosses allowed as deductionsallowed as deductionsallowed as deductionsallowed as deductions ‐‐‐‐ ABNABNABNABN AmroAmroAmroAmro
SecuritiesSecuritiesSecuritiesSecurities IndIndIndInd (P.) Ltd. v. ITO [2011] 15 taxmann.com 177(P.) Ltd. v. ITO [2011] 15 taxmann.com 177(P.) Ltd. v. ITO [2011] 15 taxmann.com 177(P.) Ltd. v. ITO [2011] 15 taxmann.com 177
(Mum(Mum(Mum(Mum.).).).)
MarkMarkMarkMark‐‐‐‐totototo‐‐‐‐market loss on derivatives held as stockmarket loss on derivatives held as stockmarket loss on derivatives held as stockmarket loss on derivatives held as stock‐‐‐‐inininin‐‐‐‐tradetradetradetrade
allowedallowedallowedallowed ‐‐‐‐ DCITDCITDCITDCIT v.v.v.v. KotakKotakKotakKotak Mahindra [2013]Mahindra [2013]Mahindra [2013]Mahindra [2013] 35 taxmann.com 22535 taxmann.com 22535 taxmann.com 22535 taxmann.com 225
(Mumbai(Mumbai(Mumbai(Mumbai ‐‐‐‐ Trib.)Trib.)Trib.)Trib.)
FAQFAQFAQFAQ ---- Market to Market loss or expected loss as well asMarket to Market loss or expected loss as well asMarket to Market loss or expected loss as well asMarket to Market loss or expected loss as well as
Market to Market gain or expected gain not to beMarket to Market gain or expected gain not to beMarket to Market gain or expected gain not to beMarket to Market gain or expected gain not to be
recognised unless as per ICDSrecognised unless as per ICDSrecognised unless as per ICDSrecognised unless as per ICDS
CA. Pramod Jain
ICDS IICDS IICDS IICDS I –––– ACCOUNTING POLICIESACCOUNTING POLICIESACCOUNTING POLICIESACCOUNTING POLICIES
What happens when income is recognised inWhat happens when income is recognised inWhat happens when income is recognised inWhat happens when income is recognised in
computation but not in books as per ICDS, andcomputation but not in books as per ICDS, andcomputation but not in books as per ICDS, andcomputation but not in books as per ICDS, and
later becomes bad?later becomes bad?later becomes bad?later becomes bad?
S. 36(1)(S. 36(1)(S. 36(1)(S. 36(1)(vii)vii)vii)vii) ----for deduction of bad debt, the debtfor deduction of bad debt, the debtfor deduction of bad debt, the debtfor deduction of bad debt, the debt
should be written of irrevocably in the books ofshould be written of irrevocably in the books ofshould be written of irrevocably in the books ofshould be written of irrevocably in the books of
account??account??account??account??
S.S.S.S. 36(1) (vii36(1) (vii36(1) (vii36(1) (vii) amended by Finance Act 2015) amended by Finance Act 2015) amended by Finance Act 2015) amended by Finance Act 2015 ---- ifififif
income has been offered to tax but has not beenincome has been offered to tax but has not beenincome has been offered to tax but has not beenincome has been offered to tax but has not been
recognized in books of accounts, the same isrecognized in books of accounts, the same isrecognized in books of accounts, the same isrecognized in books of accounts, the same is
deemed to have been recognized in the booksdeemed to have been recognized in the booksdeemed to have been recognized in the booksdeemed to have been recognized in the books
for the purpose offor the purpose offor the purpose offor the purpose of s. 36(1) (viis. 36(1) (viis. 36(1) (viis. 36(1) (vii))))
CA. Pramod Jain
ICDS IICDS IICDS IICDS I –––– TRANSITIONAL PROVISIONTRANSITIONAL PROVISIONTRANSITIONAL PROVISIONTRANSITIONAL PROVISION
All contracts/transactionAll contracts/transactionAll contracts/transactionAll contracts/transaction existing onexisting onexisting onexisting on
1.4.2016 or entered thereafter to be as per1.4.2016 or entered thereafter to be as per1.4.2016 or entered thereafter to be as per1.4.2016 or entered thereafter to be as per
ICDS after taking into account income,ICDS after taking into account income,ICDS after taking into account income,ICDS after taking into account income,
expense or lossexpense or lossexpense or lossexpense or loss recognised inrecognised inrecognised inrecognised in FY2015FY2015FY2015FY2015----16161616
CA. Pramod Jain
ICDS IICDS IICDS IICDS I –––– DISCLOSURESDISCLOSURESDISCLOSURESDISCLOSURES
All significant accounting policiesAll significant accounting policiesAll significant accounting policiesAll significant accounting policies
Change in accounting policy which has materialChange in accounting policy which has materialChange in accounting policy which has materialChange in accounting policy which has material
effect including amount to the extent ascertainableeffect including amount to the extent ascertainableeffect including amount to the extent ascertainableeffect including amount to the extent ascertainable
If change in accounting policy to have materialIf change in accounting policy to have materialIf change in accounting policy to have materialIf change in accounting policy to have material
effect in later years, then disclosure to beeffect in later years, then disclosure to beeffect in later years, then disclosure to beeffect in later years, then disclosure to be made:made:made:made:
InInInIn year of adoption as well asyear of adoption as well asyear of adoption as well asyear of adoption as well as
IIIIn 1st yearn 1st yearn 1st yearn 1st year of material effectof material effectof material effectof material effect ---- not as per ASnot as per ASnot as per ASnot as per AS
Disclosure or change in accounting policy cannotDisclosure or change in accounting policy cannotDisclosure or change in accounting policy cannotDisclosure or change in accounting policy cannot
remedy a wrong or inappropriate treatment of itemremedy a wrong or inappropriate treatment of itemremedy a wrong or inappropriate treatment of itemremedy a wrong or inappropriate treatment of item
IfIfIfIf fundamental accounting assumptions of goingfundamental accounting assumptions of goingfundamental accounting assumptions of goingfundamental accounting assumptions of going
concern, consistency and accrual notconcern, consistency and accrual notconcern, consistency and accrual notconcern, consistency and accrual not followed.followed.followed.followed.
CA. Pramod Jain
ICDS IICDS IICDS IICDS I –––– PRACTICAL IMPLICATIONSPRACTICAL IMPLICATIONSPRACTICAL IMPLICATIONSPRACTICAL IMPLICATIONS
Disclosure of all significant accounting policies inDisclosure of all significant accounting policies inDisclosure of all significant accounting policies inDisclosure of all significant accounting policies in
Clause 13 (f) of Form 3CD, wherever applicable:Clause 13 (f) of Form 3CD, wherever applicable:Clause 13 (f) of Form 3CD, wherever applicable:Clause 13 (f) of Form 3CD, wherever applicable:
Give completeGive completeGive completeGive complete
Where similar may refer of policies in notes to FSWhere similar may refer of policies in notes to FSWhere similar may refer of policies in notes to FSWhere similar may refer of policies in notes to FS
Disallowances or deductions to be disclosed in ICDSDisallowances or deductions to be disclosed in ICDSDisallowances or deductions to be disclosed in ICDSDisallowances or deductions to be disclosed in ICDS
schedule in Form 3CD as well as ITR:schedule in Form 3CD as well as ITR:schedule in Form 3CD as well as ITR:schedule in Form 3CD as well as ITR:
Mark to market loss / gainMark to market loss / gainMark to market loss / gainMark to market loss / gain
Expected lossesExpected lossesExpected lossesExpected losses
Take care of change in accounting policies havingTake care of change in accounting policies havingTake care of change in accounting policies havingTake care of change in accounting policies having
material effect in the year of effect too.material effect in the year of effect too.material effect in the year of effect too.material effect in the year of effect too.
CA. Pramod Jain
IIIIIIII –––– VALUATION OF INVENTORIESVALUATION OF INVENTORIESVALUATION OF INVENTORIESVALUATION OF INVENTORIES
CA. Pramod Jain
ICDS IIICDS IIICDS IIICDS II –––– VALUATION OF INVENTORIESVALUATION OF INVENTORIESVALUATION OF INVENTORIESVALUATION OF INVENTORIES
Inventory to be valued at cost or NRV whicheverInventory to be valued at cost or NRV whicheverInventory to be valued at cost or NRV whicheverInventory to be valued at cost or NRV whichever
is lower.is lower.is lower.is lower.
Does not include WIP dealt by other ICDS.Does not include WIP dealt by other ICDS.Does not include WIP dealt by other ICDS.Does not include WIP dealt by other ICDS.
Cost of inventories to include:Cost of inventories to include:Cost of inventories to include:Cost of inventories to include:
Cost of purchases;Cost of purchases;Cost of purchases;Cost of purchases;
Includes all duties & taxes . AS 2 excludes refundableIncludes all duties & taxes . AS 2 excludes refundableIncludes all duties & taxes . AS 2 excludes refundableIncludes all duties & taxes . AS 2 excludes refundable
from taxing authoritiesfrom taxing authoritiesfrom taxing authoritiesfrom taxing authorities
Costs of services; (earlier for service provider, nowCosts of services; (earlier for service provider, nowCosts of services; (earlier for service provider, nowCosts of services; (earlier for service provider, now
deleted)deleted)deleted)deleted)
Includes labour and other costs of personnel directlyIncludes labour and other costs of personnel directlyIncludes labour and other costs of personnel directlyIncludes labour and other costs of personnel directly
engaged in providing the service including supervisoryengaged in providing the service including supervisoryengaged in providing the service including supervisoryengaged in providing the service including supervisory
personnel and attributablepersonnel and attributablepersonnel and attributablepersonnel and attributable overheadsoverheadsoverheadsoverheads
CA. Pramod Jain
ICDS IIICDS IIICDS IIICDS II –––– VALUATION OF INVENTORIESVALUATION OF INVENTORIESVALUATION OF INVENTORIESVALUATION OF INVENTORIES
Costs of conversion; andCosts of conversion; andCosts of conversion; andCosts of conversion; and
OOOOtherthertherther costs incurred in bringing the inventories tocosts incurred in bringing the inventories tocosts incurred in bringing the inventories tocosts incurred in bringing the inventories to
their present location and conditiontheir present location and conditiontheir present location and conditiontheir present location and condition
Cost FormulaeCost FormulaeCost FormulaeCost Formulae
Specific identification of costSpecific identification of costSpecific identification of costSpecific identification of cost
FIFOFIFOFIFOFIFO
Weighted AverageWeighted AverageWeighted AverageWeighted Average
Techniques for measurement of cost:Techniques for measurement of cost:Techniques for measurement of cost:Techniques for measurement of cost:
Standard CostStandard CostStandard CostStandard Cost
Retail methodRetail methodRetail methodRetail method ((((An averageAn averageAn averageAn average percentage forpercentage forpercentage forpercentage for each retaileach retaileach retaileach retail
departmentdepartmentdepartmentdepartment is tois tois tois to be usedbe usedbe usedbe used ))))
CA. Pramod Jain
ICDS IIICDS IIICDS IIICDS II –––– VALUATION OF INVENTORIESVALUATION OF INVENTORIESVALUATION OF INVENTORIESVALUATION OF INVENTORIES
ICDSICDSICDSICDS ---- MachineryMachineryMachineryMachinery spares, which can be used only inspares, which can be used only inspares, which can be used only inspares, which can be used only in
connection with a tangible fixed asset and their use isconnection with a tangible fixed asset and their use isconnection with a tangible fixed asset and their use isconnection with a tangible fixed asset and their use is
expected to be irregular,expected to be irregular,expected to be irregular,expected to be irregular, totototo be dealt with in accordancebe dealt with in accordancebe dealt with in accordancebe dealt with in accordance
with thewith thewith thewith the ICDS V (TangibleICDS V (TangibleICDS V (TangibleICDS V (Tangible fixedfixedfixedfixed assets)assets)assets)assets)
The New AS 10 PPE read with new AS 2The New AS 10 PPE read with new AS 2The New AS 10 PPE read with new AS 2The New AS 10 PPE read with new AS 2 –––– FA ifFA ifFA ifFA if
expected to be used for more than 12 monthsexpected to be used for more than 12 monthsexpected to be used for more than 12 monthsexpected to be used for more than 12 months
CA. Pramod Jain
ICDS IIICDS IIICDS IIICDS II –––– VALUATION OF INVENTORIESVALUATION OF INVENTORIESVALUATION OF INVENTORIESVALUATION OF INVENTORIES
InInInIn case of dissolution of a partnership firm or AOP / BOI,case of dissolution of a partnership firm or AOP / BOI,case of dissolution of a partnership firm or AOP / BOI,case of dissolution of a partnership firm or AOP / BOI,
notwithstanding whether business is discontinued ornotwithstanding whether business is discontinued ornotwithstanding whether business is discontinued ornotwithstanding whether business is discontinued or
not, the inventory on the date of dissolution shall benot, the inventory on the date of dissolution shall benot, the inventory on the date of dissolution shall benot, the inventory on the date of dissolution shall be
valued at thevalued at thevalued at thevalued at the NRV.NRV.NRV.NRV.
Judicial Precedents:Judicial Precedents:Judicial Precedents:Judicial Precedents:
In cases of dissolution of firm, the stockIn cases of dissolution of firm, the stockIn cases of dissolution of firm, the stockIn cases of dissolution of firm, the stock‐‐‐‐inininin----trade will have to betrade will have to betrade will have to betrade will have to be
valued at the prevailing market price while preparing a/valued at the prevailing market price while preparing a/valued at the prevailing market price while preparing a/valued at the prevailing market price while preparing a/cscscscs ifififif
the business of firm is discontinuedthe business of firm is discontinuedthe business of firm is discontinuedthe business of firm is discontinued---- A.L.A. Firm v. CIT [1991] 55A.L.A. Firm v. CIT [1991] 55A.L.A. Firm v. CIT [1991] 55A.L.A. Firm v. CIT [1991] 55
Taxman 497(SC)Taxman 497(SC)Taxman 497(SC)Taxman 497(SC)
WhereWhereWhereWhere firm got dissolved due to death of a partnerfirm got dissolved due to death of a partnerfirm got dissolved due to death of a partnerfirm got dissolved due to death of a partner &business&business&business&business
was reconstituted withwas reconstituted withwas reconstituted withwas reconstituted with remaining partners &remaining partners &remaining partners &remaining partners & businessbusinessbusinessbusiness
continued without any interruption,continued without any interruption,continued without any interruption,continued without any interruption, closingclosingclosingclosing stock was to bestock was to bestock was to bestock was to be
valued atvalued atvalued atvalued at costcostcostcost orororor MP,MP,MP,MP, whichever was lower,whichever was lower,whichever was lower,whichever was lower, &&&& not at marketnot at marketnot at marketnot at market
valuevaluevaluevalue ----SakthiSakthiSakthiSakthi Trading Co. v. CIT [2001] 118 Taxman 301 (SC)Trading Co. v. CIT [2001] 118 Taxman 301 (SC)Trading Co. v. CIT [2001] 118 Taxman 301 (SC)Trading Co. v. CIT [2001] 118 Taxman 301 (SC)
CA. Pramod Jain
ICDS IIICDS IIICDS IIICDS II –––– VALUATION OF INVENTORIESVALUATION OF INVENTORIESVALUATION OF INVENTORIESVALUATION OF INVENTORIES
Market value has to be adopted where dissolution of firm isMarket value has to be adopted where dissolution of firm isMarket value has to be adopted where dissolution of firm isMarket value has to be adopted where dissolution of firm is
accompanied by discontinuance of business and not otherwiseaccompanied by discontinuance of business and not otherwiseaccompanied by discontinuance of business and not otherwiseaccompanied by discontinuance of business and not otherwise
‐‐‐‐ KwalityKwalityKwalityKwality Steel Suppliers v. CITSteel Suppliers v. CITSteel Suppliers v. CITSteel Suppliers v. CIT [2004] 141 Taxman 177 (Guj.)[2004] 141 Taxman 177 (Guj.)[2004] 141 Taxman 177 (Guj.)[2004] 141 Taxman 177 (Guj.)
Partnership convertedPartnership convertedPartnership convertedPartnership converted into proprietorship firm after retirementinto proprietorship firm after retirementinto proprietorship firm after retirementinto proprietorship firm after retirement
ofofofof 1111 out of onlyout of onlyout of onlyout of only 2222 partnerspartnerspartnerspartners ,,,, closing stock to be valued atclosing stock to be valued atclosing stock to be valued atclosing stock to be valued at MPMPMPMP ‐‐‐‐
Madhu Rani Mehra v. CIT [2011] 10Madhu Rani Mehra v. CIT [2011] 10Madhu Rani Mehra v. CIT [2011] 10Madhu Rani Mehra v. CIT [2011] 10 taxmann.com 126 (taxmann.com 126 (taxmann.com 126 (taxmann.com 126 (Del)Del)Del)Del)
NoNoNoNo Interest /borrowing cost unless as per ICDSInterest /borrowing cost unless as per ICDSInterest /borrowing cost unless as per ICDSInterest /borrowing cost unless as per ICDS IXIXIXIX
Where inventories require a period of 12 months or more toWhere inventories require a period of 12 months or more toWhere inventories require a period of 12 months or more toWhere inventories require a period of 12 months or more to
bring them to a saleable conditionbring them to a saleable conditionbring them to a saleable conditionbring them to a saleable condition
ValueValueValueValue of the inventory asof the inventory asof the inventory asof the inventory as onononon beginning ofbeginning ofbeginning ofbeginning of PYPYPYPY shallshallshallshall be:be:be:be:
CCCCostostostost of inventoryof inventoryof inventoryof inventory available, if any,available, if any,available, if any,available, if any, onononon day ofday ofday ofday of commencement ofcommencement ofcommencement ofcommencement of
business when the business has commenced during thebusiness when the business has commenced during thebusiness when the business has commenced during thebusiness when the business has commenced during the PY;PY;PY;PY;
ValueValueValueValue of the inventory as on the close of the immediatelyof the inventory as on the close of the immediatelyof the inventory as on the close of the immediatelyof the inventory as on the close of the immediately
precedingprecedingprecedingpreceding PY,PY,PY,PY, in any other case.in any other case.in any other case.in any other case.
CA. Pramod Jain
ICDS IIICDS IIICDS IIICDS II –––– VALUATION OF INVENTORIESVALUATION OF INVENTORIESVALUATION OF INVENTORIESVALUATION OF INVENTORIES
No change in method of valuation withoutNo change in method of valuation withoutNo change in method of valuation withoutNo change in method of valuation without
reasonable causereasonable causereasonable causereasonable cause
Reasonable cause:Reasonable cause:Reasonable cause:Reasonable cause:
Change in method of accounting in view ofChange in method of accounting in view ofChange in method of accounting in view ofChange in method of accounting in view of
mandatory requirements of ASmandatory requirements of ASmandatory requirements of ASmandatory requirements of AS‐‐‐‐7 is a7 is a7 is a7 is a bonafidebonafidebonafidebonafide
reason for changereason for changereason for changereason for change ‐‐‐‐ MazagonMazagonMazagonMazagon DockDockDockDock Ltd. v. JCIT [2009] 29Ltd. v. JCIT [2009] 29Ltd. v. JCIT [2009] 29Ltd. v. JCIT [2009] 29
SOT 356 (MumSOT 356 (MumSOT 356 (MumSOT 356 (Mum.).).).)
No addition could be made to income ofNo addition could be made to income ofNo addition could be made to income ofNo addition could be made to income of assesseeassesseeassesseeassessee onononon
account of change in accounting policy as toaccount of change in accounting policy as toaccount of change in accounting policy as toaccount of change in accounting policy as to
valuation of closing stock if such change had beenvaluation of closing stock if such change had beenvaluation of closing stock if such change had beenvaluation of closing stock if such change had been
made on account of statutory requirementsmade on account of statutory requirementsmade on account of statutory requirementsmade on account of statutory requirements ‐‐‐‐ UniflexUniflexUniflexUniflex
Industries (P.) Ltd. v. ITO [2007] 15 SOT 246 (LUCK.)Industries (P.) Ltd. v. ITO [2007] 15 SOT 246 (LUCK.)Industries (P.) Ltd. v. ITO [2007] 15 SOT 246 (LUCK.)Industries (P.) Ltd. v. ITO [2007] 15 SOT 246 (LUCK.)
CA. Pramod Jain
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments
ICDS, Cash Restrictions, AS & Schedule III Amendments

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ICDS, Cash Restrictions, AS & Schedule III Amendments

  • 1. CA. PRAMOD JAIN FCA, FCS, FCMA, LL.B, MIMA, DISA CA. PRAMOD JAIN FCA, FCS, FCMA, LL.B, MIMA, DISA Shalimar Bagh CPE Study Circle Of NIRC of ICAI 11th May 2017 Shalimar Bagh CPE Study Circle Of NIRC of ICAI 11th May 2017 ICDS AS AMENDMENTS CASH RESTRICTIONS SCHEDULE III AMENDMENTS
  • 2. CASH RESTRICTIONSCASH RESTRICTIONSCASH RESTRICTIONSCASH RESTRICTIONS CA. Pramod Jain
  • 3. DEDUCTION U/S 80 GDEDUCTION U/S 80 GDEDUCTION U/S 80 GDEDUCTION U/S 80 G • Not admissible if donation made exceedingNot admissible if donation made exceedingNot admissible if donation made exceedingNot admissible if donation made exceeding RsRsRsRs. 2000 in. 2000 in. 2000 in. 2000 in cash by a person (Earliercash by a person (Earliercash by a person (Earliercash by a person (Earlier RsRsRsRs. 10000/. 10000/. 10000/. 10000/----). Cl. 33 Form 3CD). Cl. 33 Form 3CD). Cl. 33 Form 3CD). Cl. 33 Form 3CD • ABC Trust receivesABC Trust receivesABC Trust receivesABC Trust receives RsRsRsRs. 9000/. 9000/. 9000/. 9000/---- from Mr. B in cash on 9from Mr. B in cash on 9from Mr. B in cash on 9from Mr. B in cash on 9thththth May 2017. Is there any implication on Trust or Mr. B ?May 2017. Is there any implication on Trust or Mr. B ?May 2017. Is there any implication on Trust or Mr. B ?May 2017. Is there any implication on Trust or Mr. B ? • Mr. X gives following donations to PQR Trust.?:Mr. X gives following donations to PQR Trust.?:Mr. X gives following donations to PQR Trust.?:Mr. X gives following donations to PQR Trust.?: • 20.4.201720.4.201720.4.201720.4.2017 RsRsRsRs. 2100/. 2100/. 2100/. 2100/---- • 25.4.201725.4.201725.4.201725.4.2017 RsRsRsRs. 1900/. 1900/. 1900/. 1900/---- • 06.5.201706.5.201706.5.201706.5.2017 RsRsRsRs. 1500/. 1500/. 1500/. 1500/---- • NilNilNilNil • Mr. A gives following donations:Mr. A gives following donations:Mr. A gives following donations:Mr. A gives following donations: • To ABC TrustTo ABC TrustTo ABC TrustTo ABC Trust RsRsRsRs. 2000/. 2000/. 2000/. 2000/---- • To PQR TrustTo PQR TrustTo PQR TrustTo PQR Trust RsRsRsRs. 1500/. 1500/. 1500/. 1500/---- • To XYZ TrustTo XYZ TrustTo XYZ TrustTo XYZ Trust RsRsRsRs. 1500/. 1500/. 1500/. 1500/---- • NilNilNilNil CA. Pramod Jain
  • 4. S. 40A(3) / 40A (3A)S. 40A(3) / 40A (3A)S. 40A(3) / 40A (3A)S. 40A(3) / 40A (3A) • Expenditure u/s 40A(3) / 40A(3A)Expenditure u/s 40A(3) / 40A(3A)Expenditure u/s 40A(3) / 40A(3A)Expenditure u/s 40A(3) / 40A(3A) disallowed in payment made in cashdisallowed in payment made in cashdisallowed in payment made in cashdisallowed in payment made in cash exceedingexceedingexceedingexceeding RsRsRsRs. 10000/. 10000/. 10000/. 10000/---- per person perper person perper person perper person per day (Oldday (Oldday (Oldday (Old RsRsRsRs. 20000/. 20000/. 20000/. 20000/----)))) • Limits:Limits:Limits:Limits: • RsRsRsRs. 2500/. 2500/. 2500/. 2500/---- 1.4.19691.4.19691.4.19691.4.1969 • RsRsRsRs. 10000/. 10000/. 10000/. 10000/---- 1.4.19891.4.19891.4.19891.4.1989 • RsRsRsRs. 20000/. 20000/. 20000/. 20000/---- 1.4.19971.4.19971.4.19971.4.1997 • RsRsRsRs. 10000/. 10000/. 10000/. 10000/---- 1.4.20171.4.20171.4.20171.4.2017 • Reportable in clause 21 (d) of Form 3CDReportable in clause 21 (d) of Form 3CDReportable in clause 21 (d) of Form 3CDReportable in clause 21 (d) of Form 3CD CA. Pramod Jain
  • 5. S. 40A(3) / 40A (3A)S. 40A(3) / 40A (3A)S. 40A(3) / 40A (3A)S. 40A(3) / 40A (3A) • ABC & Co. pays wages to its 50 employees as per theABC & Co. pays wages to its 50 employees as per theABC & Co. pays wages to its 50 employees as per theABC & Co. pays wages to its 50 employees as per the minimum wages Actminimum wages Actminimum wages Actminimum wages Act RsRsRsRs. 13000/. 13000/. 13000/. 13000/---- per month in cash?per month in cash?per month in cash?per month in cash? • Service of Car ofService of Car ofService of Car ofService of Car of RsRsRsRs. 10500/. 10500/. 10500/. 10500/----???? • Payment of RentPayment of RentPayment of RentPayment of Rent RsRsRsRs. 15000/. 15000/. 15000/. 15000/---- pm?pm?pm?pm? • Payment of bill at Restaurant ofPayment of bill at Restaurant ofPayment of bill at Restaurant ofPayment of bill at Restaurant of RsRsRsRs. 11400/. 11400/. 11400/. 11400/---- • XYZ P. Ltd. purchases raw material through an invoiceXYZ P. Ltd. purchases raw material through an invoiceXYZ P. Ltd. purchases raw material through an invoiceXYZ P. Ltd. purchases raw material through an invoice dtdtdtdt 28.4.2017 of28.4.2017 of28.4.2017 of28.4.2017 of RsRsRsRs. 54000/. 54000/. 54000/. 54000/----. Makes payment. Makes payment. Makes payment. Makes payment RsRsRsRs.... 9000/9000/9000/9000/---- per day?per day?per day?per day? • Would there be any difference if invoice is ofWould there be any difference if invoice is ofWould there be any difference if invoice is ofWould there be any difference if invoice is of RsRsRsRs. 2.50. 2.50. 2.50. 2.50 Lakhs and payment is less thanLakhs and payment is less thanLakhs and payment is less thanLakhs and payment is less than RsRsRsRs. 10K per day?. 10K per day?. 10K per day?. 10K per day? • XYZ P. Ltd. makes payment to its Sundry Creditor Mr.XYZ P. Ltd. makes payment to its Sundry Creditor Mr.XYZ P. Ltd. makes payment to its Sundry Creditor Mr.XYZ P. Ltd. makes payment to its Sundry Creditor Mr. A of FY 2015A of FY 2015A of FY 2015A of FY 2015----16 of16 of16 of16 of RsRsRsRs. 1.50 Lakhs of. 1.50 Lakhs of. 1.50 Lakhs of. 1.50 Lakhs of RsRsRsRs. 15000/. 15000/. 15000/. 15000/---- perperperper day in cash inday in cash inday in cash inday in cash in April 2017?April 2017?April 2017?April 2017? CA. Pramod Jain
  • 6. ASSETSASSETSASSETSASSETS • Depreciation disallowed on cash component ofDepreciation disallowed on cash component ofDepreciation disallowed on cash component ofDepreciation disallowed on cash component of asset cost exceedingasset cost exceedingasset cost exceedingasset cost exceeding RsRsRsRs. 10000/. 10000/. 10000/. 10000/---- per personper personper personper person per day.per day.per day.per day. • Capital Gain?Capital Gain?Capital Gain?Capital Gain? • Deferred Tax?Deferred Tax?Deferred Tax?Deferred Tax? • MAT?MAT?MAT?MAT? • Rule 6DD?Rule 6DD?Rule 6DD?Rule 6DD? • X Ltd. investing into shares acquires 10000X Ltd. investing into shares acquires 10000X Ltd. investing into shares acquires 10000X Ltd. investing into shares acquires 10000 shares of Yshares of Yshares of Yshares of Y Pvt.Pvt.Pvt.Pvt. Ltd. forLtd. forLtd. forLtd. for RsRsRsRs. 1 Lakh in cash?. 1 Lakh in cash?. 1 Lakh in cash?. 1 Lakh in cash? • S. 35AD benefit not allowed on exp. incurredS. 35AD benefit not allowed on exp. incurredS. 35AD benefit not allowed on exp. incurredS. 35AD benefit not allowed on exp. incurred exceedingexceedingexceedingexceeding RsRsRsRs. 10000/. 10000/. 10000/. 10000/---- per person per dayper person per dayper person per dayper person per day CA. Pramod Jain
  • 7. SECTION 269 STSECTION 269 STSECTION 269 STSECTION 269 ST • No person to receive an amountNo person to receive an amountNo person to receive an amountNo person to receive an amount >>>> RsRsRsRs.... 2 L in cash2 L in cash2 L in cash2 L in cash • in aggregate from a person in ain aggregate from a person in ain aggregate from a person in ain aggregate from a person in a day; orday; orday; orday; or • in respect of a single transaction;in respect of a single transaction;in respect of a single transaction;in respect of a single transaction; orororor • in respect of transactions relatingin respect of transactions relatingin respect of transactions relatingin respect of transactions relating to one event or occasion from ato one event or occasion from ato one event or occasion from ato one event or occasion from a personpersonpersonperson CA. Pramod Jain
  • 8. SECTION 269 STSECTION 269 STSECTION 269 STSECTION 269 ST • Not applicable to receipts by:Not applicable to receipts by:Not applicable to receipts by:Not applicable to receipts by: • Government,Government,Government,Government, • Bank,Bank,Bank,Bank, • Post Office Savings Bank or CoPost Office Savings Bank or CoPost Office Savings Bank or CoPost Office Savings Bank or Co----operativeoperativeoperativeoperative Bank,Bank,Bank,Bank, • S. 269SS transactionsS. 269SS transactionsS. 269SS transactionsS. 269SS transactions • Such other persons or class of persons orSuch other persons or class of persons orSuch other persons or class of persons orSuch other persons or class of persons or receipts, which the CG may notifyreceipts, which the CG may notifyreceipts, which the CG may notifyreceipts, which the CG may notify • No applicable to receipts from Bank, PostNo applicable to receipts from Bank, PostNo applicable to receipts from Bank, PostNo applicable to receipts from Bank, Post Office Savings Bank or CoOffice Savings Bank or CoOffice Savings Bank or CoOffice Savings Bank or Co----operative Bankoperative Bankoperative Bankoperative Bank • Penalty of equal amount u/s 271DAPenalty of equal amount u/s 271DAPenalty of equal amount u/s 271DAPenalty of equal amount u/s 271DA • Rule 6DD?Rule 6DD?Rule 6DD?Rule 6DD? CA. Pramod Jain
  • 9. SECTION 269 STSECTION 269 STSECTION 269 STSECTION 269 ST • Father of Ms. C receives gifts from various persons onFather of Ms. C receives gifts from various persons onFather of Ms. C receives gifts from various persons onFather of Ms. C receives gifts from various persons on occasion of C’s marriage aggregatingoccasion of C’s marriage aggregatingoccasion of C’s marriage aggregatingoccasion of C’s marriage aggregating RsRsRsRs. 5 Lakhs?. 5 Lakhs?. 5 Lakhs?. 5 Lakhs? • NoNoNoNo • On the occasion of marriage Mr. B’s father madeOn the occasion of marriage Mr. B’s father madeOn the occasion of marriage Mr. B’s father madeOn the occasion of marriage Mr. B’s father made payments ofpayments ofpayments ofpayments of RsRsRsRs. 3.75 Lakhs in cash to following:. 3.75 Lakhs in cash to following:. 3.75 Lakhs in cash to following:. 3.75 Lakhs in cash to following: • To horse cartTo horse cartTo horse cartTo horse cart –––– RsRsRsRs. 75K. 75K. 75K. 75K • To event manager for partyTo event manager for partyTo event manager for partyTo event manager for party RsRsRsRs. 2.25 Lakhs. 2.25 Lakhs. 2.25 Lakhs. 2.25 Lakhs • To band masterTo band masterTo band masterTo band master RsRsRsRs. 75K. 75K. 75K. 75K • 2.25 L2.25 L2.25 L2.25 L • On the occasion of marriage of Ms. C the eventOn the occasion of marriage of Ms. C the eventOn the occasion of marriage of Ms. C the eventOn the occasion of marriage of Ms. C the event manager receivesmanager receivesmanager receivesmanager receives RsRsRsRs. 4.25 L on 22.4.2017 in cash:. 4.25 L on 22.4.2017 in cash:. 4.25 L on 22.4.2017 in cash:. 4.25 L on 22.4.2017 in cash: • RsRsRsRs. 1.50 Lakhs from mother of C. 1.50 Lakhs from mother of C. 1.50 Lakhs from mother of C. 1.50 Lakhs from mother of C • RsRsRsRs. 1.75 Lakhs from father of C. 1.75 Lakhs from father of C. 1.75 Lakhs from father of C. 1.75 Lakhs from father of C • RsRsRsRs. 1 Lakh from brother of C. 1 Lakh from brother of C. 1 Lakh from brother of C. 1 Lakh from brother of C • NoNoNoNo CA. Pramod Jain
  • 10. SECTION 269 STSECTION 269 STSECTION 269 STSECTION 269 ST • For marriage the event manager receivesFor marriage the event manager receivesFor marriage the event manager receivesFor marriage the event manager receives RsRsRsRs.... 3.50 Lakhs where father of bride pays3.50 Lakhs where father of bride pays3.50 Lakhs where father of bride pays3.50 Lakhs where father of bride pays RsRsRsRs.... 1.75 L & groom’s father pays1.75 L & groom’s father pays1.75 L & groom’s father pays1.75 L & groom’s father pays RsRsRsRs. 1.75 L in. 1.75 L in. 1.75 L in. 1.75 L in cash?cash?cash?cash? • NoNoNoNo • On the occasion of marriage of Ms. C, ABOn the occasion of marriage of Ms. C, ABOn the occasion of marriage of Ms. C, ABOn the occasion of marriage of Ms. C, AB Jewellers sold jewellery as under:Jewellers sold jewellery as under:Jewellers sold jewellery as under:Jewellers sold jewellery as under: • Mother of Ms. CMother of Ms. CMother of Ms. CMother of Ms. C RsRsRsRs 1.90 Lakhs on 18.4.20171.90 Lakhs on 18.4.20171.90 Lakhs on 18.4.20171.90 Lakhs on 18.4.2017 • Mother of Ms. CMother of Ms. CMother of Ms. CMother of Ms. C RsRsRsRs. 1.75 Lakhs on 20.4.2017. 1.75 Lakhs on 20.4.2017. 1.75 Lakhs on 20.4.2017. 1.75 Lakhs on 20.4.2017 • MotherMotherMotherMother----in Law of Ms. Cin Law of Ms. Cin Law of Ms. Cin Law of Ms. C RsRsRsRs. 2.50 Lakhs on 18.4.17. 2.50 Lakhs on 18.4.17. 2.50 Lakhs on 18.4.17. 2.50 Lakhs on 18.4.17 • Sister of Ms. CSister of Ms. CSister of Ms. CSister of Ms. C RsRsRsRs. 1.50 Lakhs on 20.4.2017. 1.50 Lakhs on 20.4.2017. 1.50 Lakhs on 20.4.2017. 1.50 Lakhs on 20.4.2017 • Bua of Ms. CBua of Ms. CBua of Ms. CBua of Ms. C RsRsRsRs. 1 lakh on 20.4.2017. 1 lakh on 20.4.2017. 1 lakh on 20.4.2017. 1 lakh on 20.4.2017 • 2.50 L2.50 L2.50 L2.50 L CA. Pramod Jain
  • 11. SECTION 269 STSECTION 269 STSECTION 269 STSECTION 269 ST • AAAA MandirMandirMandirMandir on the occasion ofon the occasion ofon the occasion ofon the occasion of JanamashtamiJanamashtamiJanamashtamiJanamashtami receivesreceivesreceivesreceives RsRsRsRs. 5 lakhs on opening of Golak?. 5 lakhs on opening of Golak?. 5 lakhs on opening of Golak?. 5 lakhs on opening of Golak? • NoNoNoNo • X takes cash loan ofX takes cash loan ofX takes cash loan ofX takes cash loan of RsRsRsRs. 1.75 Lakhs from Y?. 1.75 Lakhs from Y?. 1.75 Lakhs from Y?. 1.75 Lakhs from Y? • NoNoNoNo • X makes repayment of loan along with interestX makes repayment of loan along with interestX makes repayment of loan along with interestX makes repayment of loan along with interest ofofofof RsRsRsRs. 2.20 Lakhs in Cash to Y?. 2.20 Lakhs in Cash to Y?. 2.20 Lakhs in Cash to Y?. 2.20 Lakhs in Cash to Y? • Yes, also 269TYes, also 269TYes, also 269TYes, also 269T • Mr. Y from Australia comes to India. On arrivalMr. Y from Australia comes to India. On arrivalMr. Y from Australia comes to India. On arrivalMr. Y from Australia comes to India. On arrival he falls ill & is hospitalised. His bill is ofhe falls ill & is hospitalised. His bill is ofhe falls ill & is hospitalised. His bill is ofhe falls ill & is hospitalised. His bill is of RsRsRsRs.... 2.25 Lacs which he wants to pay in 35002.25 Lacs which he wants to pay in 35002.25 Lacs which he wants to pay in 35002.25 Lacs which he wants to pay in 3500 dollars as he doesn't have rupees?dollars as he doesn't have rupees?dollars as he doesn't have rupees?dollars as he doesn't have rupees? • NoNoNoNo CA. Pramod Jain
  • 12. SECTION 269 STSECTION 269 STSECTION 269 STSECTION 269 ST • X sells the following to Y:X sells the following to Y:X sells the following to Y:X sells the following to Y: • Car forCar forCar forCar for RsRsRsRs. 1.90 Lakhs on 1.5.2017. 1.90 Lakhs on 1.5.2017. 1.90 Lakhs on 1.5.2017. 1.90 Lakhs on 1.5.2017 • Land forLand forLand forLand for RsRsRsRs. 1.75 Lakhs on 4.5.2017. 1.75 Lakhs on 4.5.2017. 1.75 Lakhs on 4.5.2017. 1.75 Lakhs on 4.5.2017 • Y makes the payment in cash as follows:Y makes the payment in cash as follows:Y makes the payment in cash as follows:Y makes the payment in cash as follows: • RsRsRsRs. 1 Lakh on 2.5.2017. 1 Lakh on 2.5.2017. 1 Lakh on 2.5.2017. 1 Lakh on 2.5.2017 • RsRsRsRs. 1 Lakh on 5.5.2017. 1 Lakh on 5.5.2017. 1 Lakh on 5.5.2017. 1 Lakh on 5.5.2017 • RsRsRsRs. 1.65 Lakhs on 6.5.2017. 1.65 Lakhs on 6.5.2017. 1.65 Lakhs on 6.5.2017. 1.65 Lakhs on 6.5.2017 • NoNoNoNo • Would it make difference if total paymentWould it make difference if total paymentWould it make difference if total paymentWould it make difference if total payment is made on 9.5.2017?is made on 9.5.2017?is made on 9.5.2017?is made on 9.5.2017? • YesYesYesYes CA. Pramod Jain
  • 13. SECTION 269 STSECTION 269 STSECTION 269 STSECTION 269 ST • Mr. A receives cash payment ofMr. A receives cash payment ofMr. A receives cash payment ofMr. A receives cash payment of RsRsRsRs. 2.75 Lakhs from. 2.75 Lakhs from. 2.75 Lakhs from. 2.75 Lakhs from ABC P. Ltd. on 15ABC P. Ltd. on 15ABC P. Ltd. on 15ABC P. Ltd. on 15thththth May 2017 for the following:May 2017 for the following:May 2017 for the following:May 2017 for the following: • RsRsRsRs. 2.10 Lakhs part payment for invoice no. 4.. 2.10 Lakhs part payment for invoice no. 4.. 2.10 Lakhs part payment for invoice no. 4.. 2.10 Lakhs part payment for invoice no. 4. dt.dt.dt.dt. 17.4.2017 of17.4.2017 of17.4.2017 of17.4.2017 of RsRsRsRs. 3 Lakhs. 3 Lakhs. 3 Lakhs. 3 Lakhs • RsRsRsRs. 45K part payment for invoice no. 6. 45K part payment for invoice no. 6. 45K part payment for invoice no. 6. 45K part payment for invoice no. 6 dt.dt.dt.dt. 30.4.2017 of30.4.2017 of30.4.2017 of30.4.2017 of RsRsRsRs. 2.50 Lakhs. 2.50 Lakhs. 2.50 Lakhs. 2.50 Lakhs • RsRsRsRs. 20K part payment for invoice no. 12. 20K part payment for invoice no. 12. 20K part payment for invoice no. 12. 20K part payment for invoice no. 12 dtdtdtdt 10.5.2017 of10.5.2017 of10.5.2017 of10.5.2017 of RsRsRsRs. 1.50 Lakhs. 1.50 Lakhs. 1.50 Lakhs. 1.50 Lakhs • Implications are:Implications are:Implications are:Implications are: • 271DA penalty on Mr. A for271DA penalty on Mr. A for271DA penalty on Mr. A for271DA penalty on Mr. A for RsRsRsRs. 2.75 Lakhs. 2.75 Lakhs. 2.75 Lakhs. 2.75 Lakhs • Mr. A to reportMr. A to reportMr. A to reportMr. A to report RsRsRsRs. 2.10 Lakhs in AIR in Form 61A. 2.10 Lakhs in AIR in Form 61A. 2.10 Lakhs in AIR in Form 61A. 2.10 Lakhs in AIR in Form 61A • ABC P. Ltd expense ofABC P. Ltd expense ofABC P. Ltd expense ofABC P. Ltd expense of RsRsRsRs. 2.75 Lakhs would be. 2.75 Lakhs would be. 2.75 Lakhs would be. 2.75 Lakhs would be disallowed u/s 40A(3)disallowed u/s 40A(3)disallowed u/s 40A(3)disallowed u/s 40A(3) CA. Pramod Jain
  • 14. SECTION 269 STSECTION 269 STSECTION 269 STSECTION 269 ST • A charitable trust organises 3 daysA charitable trust organises 3 daysA charitable trust organises 3 daysA charitable trust organises 3 days SatsangSatsangSatsangSatsang ofofofof PanditPanditPanditPandit jijijiji. It receives followings in cash:. It receives followings in cash:. It receives followings in cash:. It receives followings in cash: • RsRsRsRs. 10 lacs as donations from various. 10 lacs as donations from various. 10 lacs as donations from various. 10 lacs as donations from various persons in 3 dayspersons in 3 dayspersons in 3 dayspersons in 3 days • RsRsRsRs. 1.50 lacs each as sponsorship from 3. 1.50 lacs each as sponsorship from 3. 1.50 lacs each as sponsorship from 3. 1.50 lacs each as sponsorship from 3 sponsorssponsorssponsorssponsors • It pays the following:It pays the following:It pays the following:It pays the following: • RsRsRsRs. 1 lacs per day for tent. 1 lacs per day for tent. 1 lacs per day for tent. 1 lacs per day for tent • RsRsRsRs. 1.50 lacs per day to caterers. 1.50 lacs per day to caterers. 1.50 lacs per day to caterers. 1.50 lacs per day to caterers • RsRsRsRs. 75000 per day for security and. 75000 per day for security and. 75000 per day for security and. 75000 per day for security and sevadarsevadarsevadarsevadar to manpower consultantto manpower consultantto manpower consultantto manpower consultant • Yes, In hands of receiver for payment made by TrustYes, In hands of receiver for payment made by TrustYes, In hands of receiver for payment made by TrustYes, In hands of receiver for payment made by Trust CA. Pramod Jain
  • 15. ???????????? • PQR P. Ltd receivesPQR P. Ltd receivesPQR P. Ltd receivesPQR P. Ltd receives RsRsRsRs. 5 lacs each from its 2. 5 lacs each from its 2. 5 lacs each from its 2. 5 lacs each from its 2 subscribers on incorporation in cashsubscribers on incorporation in cashsubscribers on incorporation in cashsubscribers on incorporation in cash • YesYesYesYes • Mr. B introducesMr. B introducesMr. B introducesMr. B introduces RsRsRsRs. 3 Lacs a capital in. 3 Lacs a capital in. 3 Lacs a capital in. 3 Lacs a capital in partnership firm ABC & Co?partnership firm ABC & Co?partnership firm ABC & Co?partnership firm ABC & Co? • YesYesYesYes • Mr. B partner withdraws the following in cashMr. B partner withdraws the following in cashMr. B partner withdraws the following in cashMr. B partner withdraws the following in cash from ABC & Co. during FY 2017from ABC & Co. during FY 2017from ABC & Co. during FY 2017from ABC & Co. during FY 2017----18:18:18:18: • RsRsRsRs. 1.80 Lacs remuneration. 1.80 Lacs remuneration. 1.80 Lacs remuneration. 1.80 Lacs remuneration RsRsRsRs. 15K p.m.. 15K p.m.. 15K p.m.. 15K p.m. • RsRsRsRs. 36000 being interest on 31.3.2017. 36000 being interest on 31.3.2017. 36000 being interest on 31.3.2017. 36000 being interest on 31.3.2017 • RsRsRsRs. 3 L on different dates, being profit. 3 L on different dates, being profit. 3 L on different dates, being profit. 3 L on different dates, being profit • S. 40A(3)S. 40A(3)S. 40A(3)S. 40A(3) CA. Pramod Jain
  • 16. ACCOUNTING STANDARDSACCOUNTING STANDARDSACCOUNTING STANDARDSACCOUNTING STANDARDS CA. Pramod Jain
  • 17. AMENDEDAMENDEDAMENDEDAMENDED W.E.FW.E.FW.E.FW.E.F. 30. 30. 30. 30THTHTHTH MARCH 2016MARCH 2016MARCH 2016MARCH 2016 ASASASAS 2 (Valuation of Inventories )2 (Valuation of Inventories )2 (Valuation of Inventories )2 (Valuation of Inventories ) AS 4 (Contingencies and Events OccurringAS 4 (Contingencies and Events OccurringAS 4 (Contingencies and Events OccurringAS 4 (Contingencies and Events Occurring afterafterafterafter thethethethe Balance Sheet Date)Balance Sheet Date)Balance Sheet Date)Balance Sheet Date) AS 6 (Depreciation Accounting requirements forAS 6 (Depreciation Accounting requirements forAS 6 (Depreciation Accounting requirements forAS 6 (Depreciation Accounting requirements for depreciation are now incorporated in revised AS 10)depreciation are now incorporated in revised AS 10)depreciation are now incorporated in revised AS 10)depreciation are now incorporated in revised AS 10) As 10 (Property, Plant and Equipment)As 10 (Property, Plant and Equipment)As 10 (Property, Plant and Equipment)As 10 (Property, Plant and Equipment) AS 13 (Accounting for Investments)AS 13 (Accounting for Investments)AS 13 (Accounting for Investments)AS 13 (Accounting for Investments) AS 14 (Accounting for Amalgamation)AS 14 (Accounting for Amalgamation)AS 14 (Accounting for Amalgamation)AS 14 (Accounting for Amalgamation) AS 21 (Consolidated Financial Statements)AS 21 (Consolidated Financial Statements)AS 21 (Consolidated Financial Statements)AS 21 (Consolidated Financial Statements) AS 29 (Provisions, Contingent Liabilities and ContingentAS 29 (Provisions, Contingent Liabilities and ContingentAS 29 (Provisions, Contingent Liabilities and ContingentAS 29 (Provisions, Contingent Liabilities and Contingent Assets)Assets)Assets)Assets) CA. Pramod Jain
  • 18. AS 6 & AS 10AS 6 & AS 10AS 6 & AS 10AS 6 & AS 10 AS 6 omittedAS 6 omittedAS 6 omittedAS 6 omitted AS 10AS 10AS 10AS 10 –––– Property Plant &Property Plant &Property Plant &Property Plant & Equipment.Equipment.Equipment.Equipment. FFFForororor tangibletangibletangibletangible onlyonlyonlyonly PPE arePPE arePPE arePPE are tangible items that:tangible items that:tangible items that:tangible items that: Are held for use in production or supply of goods or services, for rental toAre held for use in production or supply of goods or services, for rental toAre held for use in production or supply of goods or services, for rental toAre held for use in production or supply of goods or services, for rental to others, or for administrative purposes; ANDothers, or for administrative purposes; ANDothers, or for administrative purposes; ANDothers, or for administrative purposes; AND Are expected to be used during more than a period of twelve monthsAre expected to be used during more than a period of twelve monthsAre expected to be used during more than a period of twelve monthsAre expected to be used during more than a period of twelve months It now includes bearer plants, biological assets tooIt now includes bearer plants, biological assets tooIt now includes bearer plants, biological assets tooIt now includes bearer plants, biological assets too Provides for recognizing & derecognizing costs ofProvides for recognizing & derecognizing costs ofProvides for recognizing & derecognizing costs ofProvides for recognizing & derecognizing costs of replacement of:replacement of:replacement of:replacement of: PartsPartsPartsParts Major inspection costsMajor inspection costsMajor inspection costsMajor inspection costs Capitalization of decommissioning, restoration & similarCapitalization of decommissioning, restoration & similarCapitalization of decommissioning, restoration & similarCapitalization of decommissioning, restoration & similar liabilitiesliabilitiesliabilitiesliabilities –––– other than forother than forother than forother than for producingproducingproducingproducing inventoriesinventoriesinventoriesinventories CA. Pramod Jain
  • 19. AS 10AS 10AS 10AS 10 If deferred paymentsIf deferred paymentsIf deferred paymentsIf deferred payments –––– interest subject to AS 16interest subject to AS 16interest subject to AS 16interest subject to AS 16 Revaluation model or Cost modelRevaluation model or Cost modelRevaluation model or Cost modelRevaluation model or Cost model Revaluation of entire class not specific assetRevaluation of entire class not specific assetRevaluation of entire class not specific assetRevaluation of entire class not specific asset Investment Property in AS 13 only at Cost ModelInvestment Property in AS 13 only at Cost ModelInvestment Property in AS 13 only at Cost ModelInvestment Property in AS 13 only at Cost Model ComponentComponentComponentComponent accountingaccountingaccountingaccounting Change in depreciation is now accounting estimateChange in depreciation is now accounting estimateChange in depreciation is now accounting estimateChange in depreciation is now accounting estimate No gross block / net block but nowNo gross block / net block but nowNo gross block / net block but nowNo gross block / net block but now –––– carrying amountscarrying amountscarrying amountscarrying amounts Enhanced disclosuresEnhanced disclosuresEnhanced disclosuresEnhanced disclosures –––– restrictions, pledge on PPErestrictions, pledge on PPErestrictions, pledge on PPErestrictions, pledge on PPE Spare parts, whichSpare parts, whichSpare parts, whichSpare parts, which werewerewerewere being treated as inventorybeing treated as inventorybeing treated as inventorybeing treated as inventory &&&& areareareare now required to be capitalised as per AS 10, to benow required to be capitalised as per AS 10, to benow required to be capitalised as per AS 10, to benow required to be capitalised as per AS 10, to be capitalised at their carrying amounts &capitalised at their carrying amounts &capitalised at their carrying amounts &capitalised at their carrying amounts & depreciateddepreciateddepreciateddepreciated overoveroverover their remaining useful lives prospectivelytheir remaining useful lives prospectivelytheir remaining useful lives prospectivelytheir remaining useful lives prospectively CA. Pramod Jain
  • 20. OTHER IMPORTANT AMENDMENTSOTHER IMPORTANT AMENDMENTSOTHER IMPORTANT AMENDMENTSOTHER IMPORTANT AMENDMENTS AS 2AS 2AS 2AS 2 ---- EarlierEarlierEarlierEarlier ---- Machinery Spares which can beMachinery Spares which can beMachinery Spares which can beMachinery Spares which can be used only with item of a fixed asset were FA if itsused only with item of a fixed asset were FA if itsused only with item of a fixed asset were FA if itsused only with item of a fixed asset were FA if its use is irregular.use is irregular.use is irregular.use is irregular. NowNowNowNow ---- spare parts, servicing equipment andspare parts, servicing equipment andspare parts, servicing equipment andspare parts, servicing equipment and standby equipment to be FA only as per AS 10standby equipment to be FA only as per AS 10standby equipment to be FA only as per AS 10standby equipment to be FA only as per AS 10 (PPE)(PPE)(PPE)(PPE) –––– 12 month12 month12 month12 month Common classification for inventories wouldCommon classification for inventories wouldCommon classification for inventories wouldCommon classification for inventories would include Stockinclude Stockinclude Stockinclude Stock----inininin----trade (in respect of goodstrade (in respect of goodstrade (in respect of goodstrade (in respect of goods acquired for trading)acquired for trading)acquired for trading)acquired for trading) AS 4AS 4AS 4AS 4 –––– no provision for proposed dividends nowno provision for proposed dividends nowno provision for proposed dividends nowno provision for proposed dividends now CA. Pramod Jain
  • 21. OTHER IMPORTANT AMENDMENTSOTHER IMPORTANT AMENDMENTSOTHER IMPORTANT AMENDMENTSOTHER IMPORTANT AMENDMENTS AS 13AS 13AS 13AS 13 –––– Investment property at cost modelInvestment property at cost modelInvestment property at cost modelInvestment property at cost model ---- ASASASAS 10 less depreciation and any impairment costs10 less depreciation and any impairment costs10 less depreciation and any impairment costs10 less depreciation and any impairment costs ASASASAS 14141414 –––– AmalgamationAmalgamationAmalgamationAmalgamation ---- Limited revision toLimited revision toLimited revision toLimited revision to include reference to Companies Act, 2013include reference to Companies Act, 2013include reference to Companies Act, 2013include reference to Companies Act, 2013 ASASASAS 21212121 ---- Where no subsidiary but an associate /Where no subsidiary but an associate /Where no subsidiary but an associate /Where no subsidiary but an associate / JV, to prepare CFS as per applicable ASJV, to prepare CFS as per applicable ASJV, to prepare CFS as per applicable ASJV, to prepare CFS as per applicable AS AS 29AS 29AS 29AS 29 ---- Discounting of decommissioning,Discounting of decommissioning,Discounting of decommissioning,Discounting of decommissioning, restorationrestorationrestorationrestoration & similar liabilities& similar liabilities& similar liabilities& similar liabilities as per AS 10 atas per AS 10 atas per AS 10 atas per AS 10 at prepreprepre----tax rate that reflect the current markettax rate that reflect the current markettax rate that reflect the current markettax rate that reflect the current market assessment of time value of money & and theassessment of time value of money & and theassessment of time value of money & and theassessment of time value of money & and the risks specific to the liabilityrisks specific to the liabilityrisks specific to the liabilityrisks specific to the liability CA. Pramod Jain
  • 22. From FY 2015-16 • Any company voluntaryvoluntaryvoluntaryvoluntary From FY 2016-17 • All companies having net worth of rupees 500 crore orrupees 500 crore orrupees 500 crore orrupees 500 crore or more.more.more.more. • Holding, subsidiary, joint venture or associate companies of above companies. From FY 2017-18 • Cos. whose equity or debt securities are listedlistedlistedlisted or are in the processor are in the processor are in the processor are in the process of being listed on any stock exchange in India or outside India and having net worth of <<<< RsRsRsRs. 500. 500. 500. 500 crore.crore.crore.crore. • Unlisted companiesUnlisted companiesUnlisted companiesUnlisted companies having net worth of Rs. 250 crores or more250 crores or more250 crores or more250 crores or more butbutbutbut less thanless thanless thanless than RsRsRsRs. 500 crore.. 500 crore.. 500 crore.. 500 crore. • Holding, subsidiary, joint venture or associate companies of above companies. INDINDINDIND ASASASAS –––– ROADMAP FOR OTHER THANROADMAP FOR OTHER THANROADMAP FOR OTHER THANROADMAP FOR OTHER THAN NBFCNBFCNBFCNBFC & INSURANCE COS.& INSURANCE COS.& INSURANCE COS.& INSURANCE COS. CA. Pramod Jain
  • 24. SCHEDULE IIISCHEDULE IIISCHEDULE IIISCHEDULE III AmendedAmendedAmendedAmended wwww....eeee....ffff.... 30303030thththth MarchMarchMarchMarch 2017201720172017.... EveryEveryEveryEvery companycompanycompanycompany totototo disclosedisclosedisclosedisclose detailsdetailsdetailsdetails ofofofof SBNSBNSBNSBN heldheldheldheld &&&& transactedtransactedtransactedtransacted duringduringduringduring 8888////11111111////2016201620162016 totototo 30303030////12121212////2016201620162016 .... SBNsSBNsSBNsSBNs OtherOtherOtherOther denominadenominadenominadenomina tion notestion notestion notestion notes TotalTotalTotalTotal Closing cash in hand as on 8.11.2016Closing cash in hand as on 8.11.2016Closing cash in hand as on 8.11.2016Closing cash in hand as on 8.11.2016 (+) Permitted receipts(+) Permitted receipts(+) Permitted receipts(+) Permitted receipts ((((----) Permitted payments) Permitted payments) Permitted payments) Permitted payments ((((----) Amount deposited in Banks) Amount deposited in Banks) Amount deposited in Banks) Amount deposited in Banks Closing cash in hand as onClosing cash in hand as onClosing cash in hand as onClosing cash in hand as on 30.12.201630.12.201630.12.201630.12.2016 CA. Pramod Jain
  • 25. AUDITOR’S REPORTAUDITOR’S REPORTAUDITOR’S REPORTAUDITOR’S REPORT WWWWhetherhetherhetherhether thethethethe companycompanycompanycompany hadhadhadhad providedprovidedprovidedprovided requisiterequisiterequisiterequisite disclosuresdisclosuresdisclosuresdisclosures inininin itsitsitsits financialfinancialfinancialfinancial statementsstatementsstatementsstatements asasasas totototo holdingsholdingsholdingsholdings asasasas wellwellwellwell asasasas dealingsdealingsdealingsdealings inininin SpecifiedSpecifiedSpecifiedSpecified BankBankBankBank NotesNotesNotesNotes duringduringduringduring thethethethe periodperiodperiodperiod fromfromfromfrom 8888 NovemberNovemberNovemberNovember 2016201620162016 totototo 30303030 DecemberDecemberDecemberDecember 2016201620162016 AAAAndndndnd ifififif sosososo WhetherWhetherWhetherWhether thesethesethesethese areareareare inininin accordanceaccordanceaccordanceaccordance withwithwithwith thethethethe booksbooksbooksbooks ofofofof accountsaccountsaccountsaccounts maintainedmaintainedmaintainedmaintained bybybyby thethethethe companycompanycompanycompany.... CA. Pramod Jain
  • 26. ICAIICAIICAIICAI IMPLEMENTATION GUIDEIMPLEMENTATION GUIDEIMPLEMENTATION GUIDEIMPLEMENTATION GUIDE ICAI implementation Guide forICAI implementation Guide forICAI implementation Guide forICAI implementation Guide for amendment to Auditor Report & Scheduleamendment to Auditor Report & Scheduleamendment to Auditor Report & Scheduleamendment to Auditor Report & Schedule III issued onIII issued onIII issued onIII issued on 15th April 201715th April 201715th April 201715th April 2017 Disclosure shouldDisclosure shouldDisclosure shouldDisclosure should be mentioned in termsbe mentioned in termsbe mentioned in termsbe mentioned in terms of INR, thus there is no specificof INR, thus there is no specificof INR, thus there is no specificof INR, thus there is no specific requirement to mention the denominationrequirement to mention the denominationrequirement to mention the denominationrequirement to mention the denomination also in which closing cash balance duringalso in which closing cash balance duringalso in which closing cash balance duringalso in which closing cash balance during the specified period was heldthe specified period was heldthe specified period was heldthe specified period was held Auditors also to report for all reportsAuditors also to report for all reportsAuditors also to report for all reportsAuditors also to report for all reports issued after 30issued after 30issued after 30issued after 30thththth March 2017March 2017March 2017March 2017 CA. Pramod Jain
  • 27. WHAT TO DOWHAT TO DOWHAT TO DOWHAT TO DO Obtain cash balance certificates withObtain cash balance certificates withObtain cash balance certificates withObtain cash balance certificates with denominations as ondenominations as ondenominations as ondenominations as on 8.11.168.11.168.11.168.11.16 &&&& 30.12.1630.12.1630.12.1630.12.16 Obtain cash book and bank statements forObtain cash book and bank statements forObtain cash book and bank statements forObtain cash book and bank statements for demonetization perioddemonetization perioddemonetization perioddemonetization period –––– keep a signed copy inkeep a signed copy inkeep a signed copy inkeep a signed copy in audit documents, wherever feasibleaudit documents, wherever feasibleaudit documents, wherever feasibleaudit documents, wherever feasible Perform audit proceduresPerform audit proceduresPerform audit proceduresPerform audit procedures Verifying permitted SBN transactionsVerifying permitted SBN transactionsVerifying permitted SBN transactionsVerifying permitted SBN transactions Obtain information as per ICAI implementationObtain information as per ICAI implementationObtain information as per ICAI implementationObtain information as per ICAI implementation guideguideguideguide Obtain due MRObtain due MRObtain due MRObtain due MR Issue report accordinglyIssue report accordinglyIssue report accordinglyIssue report accordingly CA. Pramod Jain
  • 28. SBNsSBNsSBNsSBNs Other DenominationOther DenominationOther DenominationOther Denomination NotesNotesNotesNotes TotalTotalTotalTotal DenomDenomDenomDenom inationinationinationination AmoAmoAmoAmo untuntuntunt DenominatiDenominatiDenominatiDenominati onononon AmountAmountAmountAmount DenomiDenomiDenomiDenomi nationnationnationnation AmoAmoAmoAmo untuntuntunt Closing Balance as onClosing Balance as onClosing Balance as onClosing Balance as on 8.11.20168.11.20168.11.20168.11.2016 Add: Withdrawal from bankAdd: Withdrawal from bankAdd: Withdrawal from bankAdd: Withdrawal from bank NANANANA NilNilNilNil Add: Receipts for permittedAdd: Receipts for permittedAdd: Receipts for permittedAdd: Receipts for permitted transactionstransactionstransactionstransactions Add: Receipts for nonAdd: Receipts for nonAdd: Receipts for nonAdd: Receipts for non---- permitted transactionspermitted transactionspermitted transactionspermitted transactions Less: Paid for permittedLess: Paid for permittedLess: Paid for permittedLess: Paid for permitted transactionstransactionstransactionstransactions Less: Paid for nonLess: Paid for nonLess: Paid for nonLess: Paid for non----permittedpermittedpermittedpermitted transactionstransactionstransactionstransactions Less: Deposited in BankLess: Deposited in BankLess: Deposited in BankLess: Deposited in Bank Closing Balance as onClosing Balance as onClosing Balance as onClosing Balance as on 30.12.201630.12.201630.12.201630.12.2016 CA. Pramod Jain
  • 29. SUGGESTED M. R.SUGGESTED M. R.SUGGESTED M. R.SUGGESTED M. R. WeWeWeWe have appropriately disclosed {Refer Note [ ]},have appropriately disclosed {Refer Note [ ]},have appropriately disclosed {Refer Note [ ]},have appropriately disclosed {Refer Note [ ]}, the details of Specified Bank Notes (SBN) heldthe details of Specified Bank Notes (SBN) heldthe details of Specified Bank Notes (SBN) heldthe details of Specified Bank Notes (SBN) held and transacted during the period fromand transacted during the period fromand transacted during the period fromand transacted during the period from 8.11.20168.11.20168.11.20168.11.2016 totototo 30.12.201630.12.201630.12.201630.12.2016 pursuant to thepursuant to thepursuant to thepursuant to the requirement of Notification G.S.R 308(E) datedrequirement of Notification G.S.R 308(E) datedrequirement of Notification G.S.R 308(E) datedrequirement of Notification G.S.R 308(E) dated 30th March 2017.30th March 2017.30th March 2017.30th March 2017. FurtherFurtherFurtherFurther we confirm that we have compliedwe confirm that we have compliedwe confirm that we have compliedwe confirm that we have complied withwithwithwith all relevantall relevantall relevantall relevant guidelines / notificationsguidelines / notificationsguidelines / notificationsguidelines / notifications issued byissued byissued byissued by RBIRBIRBIRBI from time to time in respect of holding andfrom time to time in respect of holding andfrom time to time in respect of holding andfrom time to time in respect of holding and dealing withdealing withdealing withdealing with SBN,SBN,SBN,SBN, and that the company hadand that the company hadand that the company hadand that the company had proper controls, system and procedures in placeproper controls, system and procedures in placeproper controls, system and procedures in placeproper controls, system and procedures in place for such compliances.for such compliances.for such compliances.for such compliances. CA. Pramod Jain
  • 30. REPORTING FORMATSREPORTING FORMATSREPORTING FORMATSREPORTING FORMATS CleanCleanCleanClean ReportReportReportReport:::: BasedBasedBasedBased onononon auditauditauditaudit proceduresproceduresproceduresprocedures andandandand relyingrelyingrelyingrelying onononon thethethethe managementmanagementmanagementmanagement representationrepresentationrepresentationrepresentation wewewewe reportreportreportreport thatthatthatthat thethethethe disclosuresdisclosuresdisclosuresdisclosures areareareare inininin accordanceaccordanceaccordanceaccordance withwithwithwith booksbooksbooksbooks ofofofof accountaccountaccountaccount maintainedmaintainedmaintainedmaintained bybybyby thethethethe CompanyCompanyCompanyCompany andandandand asasasas producedproducedproducedproduced totototo usususus bybybyby thethethethe ManagementManagementManagementManagement –––– ReferReferReferRefer NoteNoteNoteNote [*][*][*][*] WhereWhereWhereWhere clauseclauseclauseclause notnotnotnot applicableapplicableapplicableapplicable:::: TheTheTheThe CompanyCompanyCompanyCompany diddiddiddid notnotnotnot havehavehavehave anyanyanyany holdingsholdingsholdingsholdings orororor dealingsdealingsdealingsdealings inininin SpecifiedSpecifiedSpecifiedSpecified BankBankBankBank NotesNotesNotesNotes duringduringduringduring thethethethe periodperiodperiodperiod fromfromfromfrom 8888thththth November,November,November,November, 2016201620162016 totototo 30303030thththth December,December,December,December, 2016201620162016 –––– ReferReferReferRefer NoteNoteNoteNote [*][*][*][*] TheTheTheThe disclosuredisclosuredisclosuredisclosure requirementrequirementrequirementrequirement asasasas envisagedenvisagedenvisagedenvisaged inininin NotificationNotificationNotificationNotification GGGG....SSSS....RRRR 308308308308(E)(E)(E)(E) dateddateddateddated 30303030thththth MarchMarchMarchMarch 2017201720172017 isisisis notnotnotnot applicableapplicableapplicableapplicable totototo thethethethe CompanyCompanyCompanyCompany ---- ReferReferReferRefer NoteNoteNoteNote [*][*][*][*] CA. Pramod Jain
  • 31. REPORTING FORMATSREPORTING FORMATSREPORTING FORMATSREPORTING FORMATS CompanyCompanyCompanyCompany providedprovidedprovidedprovided details,details,details,details, butbutbutbut auditorauditorauditorauditor couldcouldcouldcould notnotnotnot verifyverifyverifyverify duedueduedue totototo nonnonnonnon----availabilityavailabilityavailabilityavailability ofofofof sufficientsufficientsufficientsufficient andandandand appropriateappropriateappropriateappropriate auditauditauditaudit evidenceevidenceevidenceevidence resultingresultingresultingresulting intointointointo scopescopescopescope limitationlimitationlimitationlimitation TheTheTheThe CompanyCompanyCompanyCompany hashashashas providedprovidedprovidedprovided requisiterequisiterequisiterequisite disclosuresdisclosuresdisclosuresdisclosures inininin thethethethe financialfinancialfinancialfinancial statementsstatementsstatementsstatements asasasas totototo holdingsholdingsholdingsholdings asasasas wellwellwellwell asasasas dealingsdealingsdealingsdealings inininin SpecifiedSpecifiedSpecifiedSpecified BankBankBankBank NotesNotesNotesNotes duringduringduringduring thethethethe periodperiodperiodperiod fromfromfromfrom 8888thththth November,November,November,November, 2016201620162016 totototo 30303030thththth December,December,December,December, 2016201620162016.... However,However,However,However, wewewewe areareareare unableunableunableunable totototo obtainobtainobtainobtain sufficientsufficientsufficientsufficient andandandand appropriateappropriateappropriateappropriate auditauditauditaudit evidenceevidenceevidenceevidence totototo reportreportreportreport onononon whetherwhetherwhetherwhether thethethethe disclosuresdisclosuresdisclosuresdisclosures areareareare inininin accordanceaccordanceaccordanceaccordance withwithwithwith booksbooksbooksbooks ofofofof accountaccountaccountaccount maintainedmaintainedmaintainedmaintained bybybyby thethethethe CompanyCompanyCompanyCompany andandandand asasasas producedproducedproducedproduced totototo usususus bybybyby thethethethe ManagementManagementManagementManagement –––– ReferReferReferRefer NoteNoteNoteNote [*][*][*][*];;;; AlsoAlsoAlsoAlso commentcommentcommentcomment inininin reportreportreportreport –––– notnotnotnot receivedreceivedreceivedreceived informationinformationinformationinformation CA. Pramod Jain
  • 32. REPORTING FORMATSREPORTING FORMATSREPORTING FORMATSREPORTING FORMATS CompanyCompanyCompanyCompany diddiddiddid notnotnotnot givegivegivegive disclosuresdisclosuresdisclosuresdisclosures:::: TheTheTheThe CompanyCompanyCompanyCompany hashashashas notnotnotnot providedprovidedprovidedprovided requisiterequisiterequisiterequisite disclosuresdisclosuresdisclosuresdisclosures inininin thethethethe financialfinancialfinancialfinancial statementsstatementsstatementsstatements asasasas totototo holdingsholdingsholdingsholdings asasasas wellwellwellwell asasasas dealingsdealingsdealingsdealings inininin SpecifiedSpecifiedSpecifiedSpecified BankBankBankBank NotesNotesNotesNotes duringduringduringduring thethethethe periodperiodperiodperiod fromfromfromfrom 8888thththth November,November,November,November, 2016201620162016 totototo 30303030thththth December,December,December,December, 2016201620162016. CompanyCompanyCompanyCompany diddiddiddid notnotnotnot givegivegivegive certaincertaincertaincertain requisiterequisiterequisiterequisite disclosuresdisclosuresdisclosuresdisclosures:::: TheTheTheThe CompanyCompanyCompanyCompany hashashashas notnotnotnot providedprovidedprovidedprovided certaincertaincertaincertain requisiterequisiterequisiterequisite disclosuresdisclosuresdisclosuresdisclosures inininin thethethethe FSFSFSFS asasasas totototo holdingsholdingsholdingsholdings asasasas wellwellwellwell asasasas dealingsdealingsdealingsdealings inininin SpecifiedSpecifiedSpecifiedSpecified BankBankBankBank NotesNotesNotesNotes duringduringduringduring periodperiodperiodperiod fromfromfromfrom 8888....11111111....2016201620162016 totototo 30303030....12121212....2016201620162016.... ConsequentlyConsequentlyConsequentlyConsequently wewewewe areareareare unableunableunableunable totototo obtainobtainobtainobtain sufficientsufficientsufficientsufficient andandandand appropriateappropriateappropriateappropriate auditauditauditaudit evidenceevidenceevidenceevidence totototo reportreportreportreport whetherwhetherwhetherwhether thethethethe disclosuresdisclosuresdisclosuresdisclosures totototo thethethethe extentextentextentextent statedstatedstatedstated inininin thethethethe notesnotesnotesnotes areareareare inininin accordanceaccordanceaccordanceaccordance withwithwithwith booksbooksbooksbooks ofofofof accountaccountaccountaccount maintainedmaintainedmaintainedmaintained bybybyby thethethethe CompanyCompanyCompanyCompany andandandand asasasas producedproducedproducedproduced totototo usususus bybybyby thethethethe ManagementManagementManagementManagement –––– ReferReferReferRefer NoteNoteNoteNote [*][*][*][*] AlsoAlsoAlsoAlso commentcommentcommentcomment inininin bothbothbothboth casescasescasescases –––– notnotnotnot receivedreceivedreceivedreceived informationinformationinformationinformation CA. Pramod Jain
  • 33. REPORTING FORMATSREPORTING FORMATSREPORTING FORMATSREPORTING FORMATS CompanyCompanyCompanyCompany hashashashas disclosed,disclosed,disclosed,disclosed, butbutbutbut havehavehavehave transactedtransactedtransactedtransacted inininin nonnonnonnon---- permittedpermittedpermittedpermitted receipt/paymentsreceipt/paymentsreceipt/paymentsreceipt/payments TheTheTheThe CompanyCompanyCompanyCompany hashashashas providedprovidedprovidedprovided requisiterequisiterequisiterequisite disclosuresdisclosuresdisclosuresdisclosures inininin thethethethe financialfinancialfinancialfinancial statementsstatementsstatementsstatements asasasas totototo holdingsholdingsholdingsholdings asasasas wellwellwellwell asasasas dealingsdealingsdealingsdealings inininin SpecifiedSpecifiedSpecifiedSpecified BankBankBankBank NotesNotesNotesNotes duringduringduringduring thethethethe periodperiodperiodperiod fromfromfromfrom 8888thththth November,November,November,November, 2016201620162016 totototo 30303030thththth December,December,December,December, 2016201620162016.... However,However,However,However, asasasas statedstatedstatedstated inininin notesnotesnotesnotes [*][*][*][*] totototo thethethethe financialfinancialfinancialfinancial statementsstatementsstatementsstatements amountsamountsamountsamounts aggregatingaggregatingaggregatingaggregating totototo RsRsRsRs.... [[[[ ]]]] asasasas representedrepresentedrepresentedrepresented totototo usususus bybybyby thethethethe ManagementManagementManagementManagement havehavehavehave beenbeenbeenbeen utilizedutilizedutilizedutilized forforforfor otherotherotherother thanthanthanthan permittedpermittedpermittedpermitted transactions/receivedtransactions/receivedtransactions/receivedtransactions/received amountamountamountamount aggregatingaggregatingaggregatingaggregating RsRsRsRs.... [[[[ ]]]] fromfromfromfrom transactionstransactionstransactionstransactions whichwhichwhichwhich areareareare notnotnotnot permittedpermittedpermittedpermitted;;;; CA. Pramod Jain
  • 35. ICDSICDSICDSICDS BACKGROUNDBACKGROUNDBACKGROUNDBACKGROUND CG notified 10 ICDS vide notification no. 32 of 2015CG notified 10 ICDS vide notification no. 32 of 2015CG notified 10 ICDS vide notification no. 32 of 2015CG notified 10 ICDS vide notification no. 32 of 2015 dated 31dated 31dated 31dated 31stststst March 2015 which were applicable fromMarch 2015 which were applicable fromMarch 2015 which were applicable fromMarch 2015 which were applicable from AY 2016AY 2016AY 2016AY 2016----17 onwards17 onwards17 onwards17 onwards Due to various issues and representations madeDue to various issues and representations madeDue to various issues and representations madeDue to various issues and representations made referred to Expert committee.referred to Expert committee.referred to Expert committee.referred to Expert committee. ICDS deferred by 1 year (P. R. Dt. 6ICDS deferred by 1 year (P. R. Dt. 6ICDS deferred by 1 year (P. R. Dt. 6ICDS deferred by 1 year (P. R. Dt. 6thththth July 2016).July 2016).July 2016).July 2016). CBDT rescinded the old ICDS through notification no.CBDT rescinded the old ICDS through notification no.CBDT rescinded the old ICDS through notification no.CBDT rescinded the old ICDS through notification no. 86/2016 dated 2986/2016 dated 2986/2016 dated 2986/2016 dated 29thththth September 2016 and issuedSeptember 2016 and issuedSeptember 2016 and issuedSeptember 2016 and issued revised ICDS vide notification no. 87/2016 andrevised ICDS vide notification no. 87/2016 andrevised ICDS vide notification no. 87/2016 andrevised ICDS vide notification no. 87/2016 and amendedamendedamendedamended TTTTaxaxaxax AAAAudit Form 3CD.udit Form 3CD.udit Form 3CD.udit Form 3CD. Also issued FAQs dated 25Also issued FAQs dated 25Also issued FAQs dated 25Also issued FAQs dated 25thththth March 2017March 2017March 2017March 2017 CA. Pramod Jain
  • 36. WHO TO FOLLOWWHO TO FOLLOWWHO TO FOLLOWWHO TO FOLLOW ICDSICDSICDSICDS AssesseeAssesseeAssesseeAssessee havinghavinghavinghaving PGBP &PGBP &PGBP &PGBP & OtherOtherOtherOther SourceSourceSourceSource incomeincomeincomeincome havinghavinghavinghaving Method ofMethod ofMethod ofMethod of AccountingAccountingAccountingAccounting MercantileMercantileMercantileMercantile Individual &Individual &Individual &Individual & HUFHUFHUFHUF Tax AuditTax AuditTax AuditTax Audit –––– To followTo followTo followTo follow ICDSICDSICDSICDS No TaxNo TaxNo TaxNo Tax AuditAuditAuditAudit –––– NoNoNoNo ICDSICDSICDSICDS OthersOthersOthersOthers To followTo followTo followTo follow ICDSICDSICDSICDS CashCashCashCash No ICDSNo ICDSNo ICDSNo ICDS CA. Pramod Jain
  • 37. SUMMARYSUMMARYSUMMARYSUMMARY •Section 145(2)Section 145(2)Section 145(2)Section 145(2)SourceSourceSourceSource •W.e.fW.e.fW.e.fW.e.f. AY 2017. AY 2017. AY 2017. AY 2017----18181818Effective DateEffective DateEffective DateEffective Date •Only on PGBP & Other SourceOnly on PGBP & Other SourceOnly on PGBP & Other SourceOnly on PGBP & Other Source •If accounts on mercantile basisIf accounts on mercantile basisIf accounts on mercantile basisIf accounts on mercantile basis Heads ofHeads ofHeads ofHeads of IncomeIncomeIncomeIncome •10 vide Not. Dt. 29.09.201610 vide Not. Dt. 29.09.201610 vide Not. Dt. 29.09.201610 vide Not. Dt. 29.09.2016 No. ofNo. ofNo. ofNo. of StandardsStandardsStandardsStandards •Para 13 of Form 3CD & ITRPara 13 of Form 3CD & ITRPara 13 of Form 3CD & ITRPara 13 of Form 3CD & ITRDisclosureDisclosureDisclosureDisclosure CA. Pramod Jain
  • 38. CORRESPONDING AS /CORRESPONDING AS /CORRESPONDING AS /CORRESPONDING AS / INDINDINDIND ASASASAS ICDICDICDICD SSSS Name of ICDSName of ICDSName of ICDSName of ICDS CorrespondiCorrespondiCorrespondiCorrespondi ng ASng ASng ASng AS CorrespondingCorrespondingCorrespondingCorresponding IndIndIndInd ASASASAS IIII Accounting PoliciesAccounting PoliciesAccounting PoliciesAccounting Policies 1 & 51 & 51 & 51 & 5 1111 & 8& 8& 8& 8 IIIIIIII Valuation of InventoriesValuation of InventoriesValuation of InventoriesValuation of Inventories 2222 2222 IIIIIIIIIIII Construction ContractsConstruction ContractsConstruction ContractsConstruction Contracts 7777 11111111 IVIVIVIV Revenue RecognitionRevenue RecognitionRevenue RecognitionRevenue Recognition 9999 11111111 VVVV Tangible Fixed AssetsTangible Fixed AssetsTangible Fixed AssetsTangible Fixed Assets 10101010 16161616 VIVIVIVI Changes in Foreign Exchange RatesChanges in Foreign Exchange RatesChanges in Foreign Exchange RatesChanges in Foreign Exchange Rates 11111111 21212121 VIIVIIVIIVII Government GrantsGovernment GrantsGovernment GrantsGovernment Grants 12121212 20202020 VIIIVIIIVIIIVIII SecuritiesSecuritiesSecuritiesSecurities 13131313 109109109109 IXIXIXIX Borrowing CostsBorrowing CostsBorrowing CostsBorrowing Costs 16161616 23232323 XXXX Provisions, Contingent Liabilities &Provisions, Contingent Liabilities &Provisions, Contingent Liabilities &Provisions, Contingent Liabilities & ContingentContingentContingentContingent AssetsAssetsAssetsAssets 29292929 37373737 CA. Pramod Jain
  • 39. BASICSBASICSBASICSBASICS It’s for income computation only and NOT forIt’s for income computation only and NOT forIt’s for income computation only and NOT forIt’s for income computation only and NOT for books maintenancebooks maintenancebooks maintenancebooks maintenance Is separate books to be maintained?Is separate books to be maintained?Is separate books to be maintained?Is separate books to be maintained? ICAI standards amendedICAI standards amendedICAI standards amendedICAI standards amended –––– Examples removedExamples removedExamples removedExamples removed Would it impact incomes u/s 44AD, 44AE,Would it impact incomes u/s 44AD, 44AE,Would it impact incomes u/s 44AD, 44AE,Would it impact incomes u/s 44AD, 44AE, etcetcetcetc???? FAQFAQFAQFAQ ---- ApplicableApplicableApplicableApplicable on 44on 44on 44on 44 AD…whereverAD…whereverAD…whereverAD…wherever possiblepossiblepossiblepossible –––– exampleexampleexampleexample constructionconstructionconstructionconstruction contracts, revenuecontracts, revenuecontracts, revenuecontracts, revenue recognition??recognition??recognition??recognition?? What about firms under s. 44AD?What about firms under s. 44AD?What about firms under s. 44AD?What about firms under s. 44AD? No ICDS details in ITR 1, 2 & 4No ICDS details in ITR 1, 2 & 4No ICDS details in ITR 1, 2 & 4No ICDS details in ITR 1, 2 & 4 CA. Pramod Jain
  • 40. BASICSBASICSBASICSBASICS WouldWouldWouldWould it impact MAT / AMT??it impact MAT / AMT??it impact MAT / AMT??it impact MAT / AMT?? ICDS not to apply on MAT but applicable on AMTICDS not to apply on MAT but applicable on AMTICDS not to apply on MAT but applicable on AMTICDS not to apply on MAT but applicable on AMT –––– QQQQ 6 FAQ6 FAQ6 FAQ6 FAQ Take care of AS 22Take care of AS 22Take care of AS 22Take care of AS 22 What if assesse has no business income but onlyWhat if assesse has no business income but onlyWhat if assesse has no business income but onlyWhat if assesse has no business income but only income from other sources?income from other sources?income from other sources?income from other sources? What if has one business on mercantile basis andWhat if has one business on mercantile basis andWhat if has one business on mercantile basis andWhat if has one business on mercantile basis and other on cash ?other on cash ?other on cash ?other on cash ? Transitional provisionsTransitional provisionsTransitional provisionsTransitional provisions ---- neither double taxation norneither double taxation norneither double taxation norneither double taxation nor escapement ofescapement ofescapement ofescapement of incomeincomeincomeincome Disclosure requirements in 8 ICDSDisclosure requirements in 8 ICDSDisclosure requirements in 8 ICDSDisclosure requirements in 8 ICDS CA. Pramod Jain
  • 41. ICDSICDSICDSICDS VS. JUDICIAL PRECEDENTSVS. JUDICIAL PRECEDENTSVS. JUDICIAL PRECEDENTSVS. JUDICIAL PRECEDENTS InInInIn AvinderAvinderAvinderAvinder Singh [AIR 1979 SC 321]Singh [AIR 1979 SC 321]Singh [AIR 1979 SC 321]Singh [AIR 1979 SC 321] SCSCSCSC held that whatheld that whatheld that whatheld that what constitutes an essential feature cannot be delineated.constitutes an essential feature cannot be delineated.constitutes an essential feature cannot be delineated.constitutes an essential feature cannot be delineated. It laidIt laidIt laidIt laid downdowndowndown followingfollowingfollowingfollowing tests for valid delegationtests for valid delegationtests for valid delegationtests for valid delegation :::: LegislatureLegislatureLegislatureLegislature cannot effacecannot effacecannot effacecannot efface itselfitselfitselfitself It cannot delegateIt cannot delegateIt cannot delegateIt cannot delegate plenaryplenaryplenaryplenary or the essential legislativeor the essential legislativeor the essential legislativeor the essential legislative functionfunctionfunctionfunction Even if there beEven if there beEven if there beEven if there be delegationdelegationdelegationdelegation, Parliamentary control over, Parliamentary control over, Parliamentary control over, Parliamentary control over delegated legislation should be a living continuity as adelegated legislation should be a living continuity as adelegated legislation should be a living continuity as adelegated legislation should be a living continuity as a constitutional necessityconstitutional necessityconstitutional necessityconstitutional necessity.... FAQFAQFAQFAQ ---- ICDS notified u/s 145(2)ICDS notified u/s 145(2)ICDS notified u/s 145(2)ICDS notified u/s 145(2) &&&& would be applicablewould be applicablewould be applicablewould be applicable to transactional issues dealt therein from AY 2017to transactional issues dealt therein from AY 2017to transactional issues dealt therein from AY 2017to transactional issues dealt therein from AY 2017----18181818 onwardsonwardsonwardsonwards Lunawat & Co.
  • 42. VALIDITY OF DELEGATED LEGISLATIONVALIDITY OF DELEGATED LEGISLATIONVALIDITY OF DELEGATED LEGISLATIONVALIDITY OF DELEGATED LEGISLATION AS 22 validity (delegated legislation) came upAS 22 validity (delegated legislation) came upAS 22 validity (delegated legislation) came upAS 22 validity (delegated legislation) came up before the Supreme court in the case ofbefore the Supreme court in the case ofbefore the Supreme court in the case ofbefore the Supreme court in the case of J.K.J.K.J.K.J.K. Industries Ltd. v. Union of India [2008] 297 ITR 176Industries Ltd. v. Union of India [2008] 297 ITR 176Industries Ltd. v. Union of India [2008] 297 ITR 176Industries Ltd. v. Union of India [2008] 297 ITR 176 (SC)(SC)(SC)(SC) Supreme Court upheld the validity of the RuleSupreme Court upheld the validity of the RuleSupreme Court upheld the validity of the RuleSupreme Court upheld the validity of the Rule adopting ASadopting ASadopting ASadopting AS‐‐‐‐22 and held that the disclosure of22 and held that the disclosure of22 and held that the disclosure of22 and held that the disclosure of true and fair view of the profits and the state oftrue and fair view of the profits and the state oftrue and fair view of the profits and the state oftrue and fair view of the profits and the state of affairs is the guideline inherent in the provisionsaffairs is the guideline inherent in the provisionsaffairs is the guideline inherent in the provisionsaffairs is the guideline inherent in the provisions of the Companies Act delegating the powers toof the Companies Act delegating the powers toof the Companies Act delegating the powers toof the Companies Act delegating the powers to notify accounting standards and that thenotify accounting standards and that thenotify accounting standards and that thenotify accounting standards and that the adoption of ASadoption of ASadoption of ASadoption of AS‐‐‐‐22 was within such guideline22 was within such guideline22 was within such guideline22 was within such guideline CA. Pramod Jain
  • 43. SEQUENCE OF PREVALENCESEQUENCE OF PREVALENCESEQUENCE OF PREVALENCESEQUENCE OF PREVALENCE ACTACTACTACT RULESRULESRULESRULES ICDSICDSICDSICDS JUDICIALJUDICIALJUDICIALJUDICIAL PRECEDENTSPRECEDENTSPRECEDENTSPRECEDENTS CA. Pramod Jain
  • 44. WHAT TO DOWHAT TO DOWHAT TO DOWHAT TO DO CA. Pramod Jain
  • 45. ICDSICDSICDSICDS STUDY & EVALUATIONSTUDY & EVALUATIONSTUDY & EVALUATIONSTUDY & EVALUATION AssesseAssesseAssesseAssesse AuditorAuditorAuditorAuditor CA. Pramod Jain
  • 46. ICDSICDSICDSICDS CHECKLISTCHECKLISTCHECKLISTCHECKLIST ICDICDICDICD SSSS Name of ICDSName of ICDSName of ICDSName of ICDS WhetherWhetherWhetherWhether ApplicableApplicableApplicableApplicable Amounts inAmounts inAmounts inAmounts in ITR & 3CDITR & 3CDITR & 3CDITR & 3CD DisclosurDisclosurDisclosurDisclosur es in 3CDes in 3CDes in 3CDes in 3CD RemaRemaRemaRema rksrksrksrks IIII Accounting PoliciesAccounting PoliciesAccounting PoliciesAccounting Policies YesYesYesYes IIIIIIII Valuation of InventoriesValuation of InventoriesValuation of InventoriesValuation of Inventories IIIIIIIIIIII Construction ContractsConstruction ContractsConstruction ContractsConstruction Contracts IVIVIVIV Revenue RecognitionRevenue RecognitionRevenue RecognitionRevenue Recognition YesYesYesYes VVVV Tangible Fixed AssetsTangible Fixed AssetsTangible Fixed AssetsTangible Fixed Assets VIVIVIVI Changes in Foreign ExchangeChanges in Foreign ExchangeChanges in Foreign ExchangeChanges in Foreign Exchange RatesRatesRatesRates VIIVIIVIIVII Government GrantsGovernment GrantsGovernment GrantsGovernment Grants VIIIVIIIVIIIVIII SecuritiesSecuritiesSecuritiesSecurities IXIXIXIX Borrowing CostsBorrowing CostsBorrowing CostsBorrowing Costs XXXX Provisions, ContingentProvisions, ContingentProvisions, ContingentProvisions, Contingent Liabilities& ContingentLiabilities& ContingentLiabilities& ContingentLiabilities& Contingent AssetsAssetsAssetsAssets CA. Pramod Jain
  • 47. FORM 3CDFORM 3CDFORM 3CDFORM 3CD ––––CLAUSECLAUSECLAUSECLAUSE ---- 13131313 (a) Method of accounting employed in(a) Method of accounting employed in(a) Method of accounting employed in(a) Method of accounting employed in previous yearprevious yearprevious yearprevious year (b) Change in method of accounting applied(b) Change in method of accounting applied(b) Change in method of accounting applied(b) Change in method of accounting applied (c) If, yes, effect thereof on profit / loss(c) If, yes, effect thereof on profit / loss(c) If, yes, effect thereof on profit / loss(c) If, yes, effect thereof on profit / loss (Old d) Deviation in method of accounting(Old d) Deviation in method of accounting(Old d) Deviation in method of accounting(Old d) Deviation in method of accounting from accounting standards prescribed u/sfrom accounting standards prescribed u/sfrom accounting standards prescribed u/sfrom accounting standards prescribed u/s 145 and effect thereof on P/L145 and effect thereof on P/L145 and effect thereof on P/L145 and effect thereof on P/L ICDS reporting brought inICDS reporting brought inICDS reporting brought inICDS reporting brought in w.e.fw.e.fw.e.fw.e.f. 1.4.2017. 1.4.2017. 1.4.2017. 1.4.2017 CA. Pramod Jain
  • 48. FORM 3CDFORM 3CDFORM 3CDFORM 3CD ––––CLAUSECLAUSECLAUSECLAUSE ---- 13131313 ((((d)d)d)d) –––– whether any adjustment is required towhether any adjustment is required towhether any adjustment is required towhether any adjustment is required to be made to the profits or loss for complyingbe made to the profits or loss for complyingbe made to the profits or loss for complyingbe made to the profits or loss for complying with the ICDS notified u/s 145(2)with the ICDS notified u/s 145(2)with the ICDS notified u/s 145(2)with the ICDS notified u/s 145(2) (e)(e)(e)(e) –––– Is, yes, give detailsIs, yes, give detailsIs, yes, give detailsIs, yes, give details (f)(f)(f)(f) –––– Disclosure as per ICDSDisclosure as per ICDSDisclosure as per ICDSDisclosure as per ICDS For 8 standardsFor 8 standardsFor 8 standardsFor 8 standards Two omitted as no disclosure required as perTwo omitted as no disclosure required as perTwo omitted as no disclosure required as perTwo omitted as no disclosure required as per the standard:the standard:the standard:the standard: Changes in Foreign Exchange RatesChanges in Foreign Exchange RatesChanges in Foreign Exchange RatesChanges in Foreign Exchange Rates SecuritiesSecuritiesSecuritiesSecurities CA. Pramod Jain
  • 49. FORM 3CDFORM 3CDFORM 3CDFORM 3CD ––––CLAUSECLAUSECLAUSECLAUSE –––– 13131313 ---- ICDSICDSICDSICDS ICDICDICDICD SSSS Name of ICDSName of ICDSName of ICDSName of ICDS IncreaseIncreaseIncreaseIncrease in Profitin Profitin Profitin Profit DecreaseDecreaseDecreaseDecrease in Profitin Profitin Profitin Profit NetNetNetNet ((((RsRsRsRs.).).).) DescriptiDescriptiDescriptiDescripti onononon IIII Accounting PoliciesAccounting PoliciesAccounting PoliciesAccounting Policies IIIIIIII Valuation of InventoriesValuation of InventoriesValuation of InventoriesValuation of Inventories IIIIIIIIIIII Construction ContractsConstruction ContractsConstruction ContractsConstruction Contracts IVIVIVIV Revenue RecognitionRevenue RecognitionRevenue RecognitionRevenue Recognition VVVV Tangible Fixed AssetsTangible Fixed AssetsTangible Fixed AssetsTangible Fixed Assets VIVIVIVI Changes in Foreign Exchange RatesChanges in Foreign Exchange RatesChanges in Foreign Exchange RatesChanges in Foreign Exchange Rates VIIVIIVIIVII Government GrantsGovernment GrantsGovernment GrantsGovernment Grants VIIIVIIIVIIIVIII SecuritiesSecuritiesSecuritiesSecurities IXIXIXIX Borrowing CostsBorrowing CostsBorrowing CostsBorrowing Costs XXXX Provisions, ContingentProvisions, ContingentProvisions, ContingentProvisions, Contingent LiabLiabLiabLiab & Assets& Assets& Assets& Assets TotalTotalTotalTotal CA. Pramod Jain
  • 50. ITRITRITRITR Schedule ICDS Effect of Income Computation Disclosure Standards on profit Sl. No. ICDS Amount (i) (ii) (iii) I Accounting Policies II Valuation of Inventories III Construction Contracts IV Revenue Recognition V Tangible Fixed Assets VI Changes in Foreign Exchange Rates VII Government Grants VIII Securities IX Borrowing Costs X Provisions, Contingent Liabilities and Contingent Assets XI Total Net effect (I+II+III+IV+V+VI+VII+VIII+IX+X) 0 Is there any impact of this disclosure onIs there any impact of this disclosure onIs there any impact of this disclosure onIs there any impact of this disclosure on Computation in ITR automatically?Computation in ITR automatically?Computation in ITR automatically?Computation in ITR automatically? CA. Pramod Jain
  • 51. WHAT IFWHAT IFWHAT IFWHAT IF ICDSICDSICDSICDS NOT FOLLOWEDNOT FOLLOWEDNOT FOLLOWEDNOT FOLLOWED Section 145(3Section 145(3Section 145(3Section 145(3)))) ---- AOAOAOAO has the power to make besthas the power to make besthas the power to make besthas the power to make best judgementjudgementjudgementjudgement assessment u/s. 144 if he is notassessment u/s. 144 if he is notassessment u/s. 144 if he is notassessment u/s. 144 if he is not satisfied about thesatisfied about thesatisfied about thesatisfied about the ::::---- CorrectnessCorrectnessCorrectnessCorrectness or completeness of the accounts of theor completeness of the accounts of theor completeness of the accounts of theor completeness of the accounts of the assesseeassesseeassesseeassessee ; or; or; or; or MethodMethodMethodMethod of accounting is not regularly followedof accounting is not regularly followedof accounting is not regularly followedof accounting is not regularly followed ;;;;orororor IncomeIncomeIncomeIncome not computed as per ICDSnot computed as per ICDSnot computed as per ICDSnot computed as per ICDS HenceHenceHenceHence ICDS has to be mandatorily followed or elseICDS has to be mandatorily followed or elseICDS has to be mandatorily followed or elseICDS has to be mandatorily followed or else bestbestbestbest judgementjudgementjudgementjudgement assessment can be done byassessment can be done byassessment can be done byassessment can be done by Assessing OfficerAssessing OfficerAssessing OfficerAssessing Officer. CA. Pramod Jain
  • 52. CBDT FAQS DT. 23CBDT FAQS DT. 23CBDT FAQS DT. 23CBDT FAQS DT. 23RDRDRDRD MARCH 2017MARCH 2017MARCH 2017MARCH 2017 Total 25 FAQsTotal 25 FAQsTotal 25 FAQsTotal 25 FAQs ICDS to apply onICDS to apply onICDS to apply onICDS to apply on IndIndIndInd AS FS tooAS FS tooAS FS tooAS FS too Applicable to all including bankApplicable to all including bankApplicable to all including bankApplicable to all including bank etcetcetcetc unlessunlessunlessunless specifiedspecifiedspecifiedspecified –––– like ICDS VIII (securities) for certainlike ICDS VIII (securities) for certainlike ICDS VIII (securities) for certainlike ICDS VIII (securities) for certain financial institutions & ICDS I for Insurancefinancial institutions & ICDS I for Insurancefinancial institutions & ICDS I for Insurancefinancial institutions & ICDS I for Insurance businessbusinessbusinessbusiness ReasonableReasonableReasonableReasonable cause is an existing conceptcause is an existing conceptcause is an existing conceptcause is an existing concept conferring flexibility in deservingconferring flexibility in deservingconferring flexibility in deservingconferring flexibility in deserving casescasescasescases No specific ICDS yet for real estate developers &No specific ICDS yet for real estate developers &No specific ICDS yet for real estate developers &No specific ICDS yet for real estate developers & BOT projects and leases. Normal Act & ICDSBOT projects and leases. Normal Act & ICDSBOT projects and leases. Normal Act & ICDSBOT projects and leases. Normal Act & ICDS applicableapplicableapplicableapplicable CA. Pramod Jain
  • 53. CBDT FAQS DT. 23CBDT FAQS DT. 23CBDT FAQS DT. 23CBDT FAQS DT. 23RDRDRDRD MARCH 2017MARCH 2017MARCH 2017MARCH 2017 For Derivative contracts :For Derivative contracts :For Derivative contracts :For Derivative contracts : Forward contracts and similarForward contracts and similarForward contracts and similarForward contracts and similar ---- ICDS VI [ForeignICDS VI [ForeignICDS VI [ForeignICDS VI [Foreign Exchange] subject to para 3 of ICDS VIII [securities]Exchange] subject to para 3 of ICDS VIII [securities]Exchange] subject to para 3 of ICDS VIII [securities]Exchange] subject to para 3 of ICDS VIII [securities] For others ICDS IFor others ICDS IFor others ICDS IFor others ICDS I DisclosureDisclosureDisclosureDisclosure where to be madewhere to be madewhere to be madewhere to be made –––– Q 25Q 25Q 25Q 25 Net effect of ICDS to be disclosed in IT ReturnNet effect of ICDS to be disclosed in IT ReturnNet effect of ICDS to be disclosed in IT ReturnNet effect of ICDS to be disclosed in IT Return Form 3CDForm 3CDForm 3CDForm 3CD No separate disclosures persons who are notNo separate disclosures persons who are notNo separate disclosures persons who are notNo separate disclosures persons who are not liable for taxliable for taxliable for taxliable for tax auditauditauditaudit CA. Pramod Jain
  • 54. IIII ---- ACCOUNTING POLICIESACCOUNTING POLICIESACCOUNTING POLICIESACCOUNTING POLICIES CA. Pramod Jain
  • 55. ICDS IICDS IICDS IICDS I –––– ACCOUNTING POLICIESACCOUNTING POLICIESACCOUNTING POLICIESACCOUNTING POLICIES MaterialityMaterialityMaterialityMateriality and Prudenceand Prudenceand Prudenceand Prudence not followed.not followed.not followed.not followed. OnlyOnlyOnlyOnly substance oversubstance oversubstance oversubstance over form. No prudence as:form. No prudence as:form. No prudence as:form. No prudence as: ICDS IIIICDS IIIICDS IIIICDS III ---- Non recognition of expected loss fromNon recognition of expected loss fromNon recognition of expected loss fromNon recognition of expected loss from construction contract & provisioning for loss onconstruction contract & provisioning for loss onconstruction contract & provisioning for loss onconstruction contract & provisioning for loss on onerous contractonerous contractonerous contractonerous contract ICDS IVICDS IVICDS IVICDS IV ---- Reasonable certainty of ultimate collectionReasonable certainty of ultimate collectionReasonable certainty of ultimate collectionReasonable certainty of ultimate collection is ignored for recognition of revenue throughis ignored for recognition of revenue throughis ignored for recognition of revenue throughis ignored for recognition of revenue through rendering of service and on Rent, interest, royalty andrendering of service and on Rent, interest, royalty andrendering of service and on Rent, interest, royalty andrendering of service and on Rent, interest, royalty and dividenddividenddividenddividend ICDS VIIICDS VIIICDS VIIICDS VII –––– Govt.Govt.Govt.Govt. grantsgrantsgrantsgrants totototo be recognized not laterbe recognized not laterbe recognized not laterbe recognized not later than its actual receipt eventhan its actual receipt eventhan its actual receipt eventhan its actual receipt even ifififif condition w.r.t to suchcondition w.r.t to suchcondition w.r.t to suchcondition w.r.t to such grant has not metgrant has not metgrant has not metgrant has not met.... CA. Pramod Jain
  • 56. ICDS IICDS IICDS IICDS I –––– ACCOUNTING POLICIESACCOUNTING POLICIESACCOUNTING POLICIESACCOUNTING POLICIES Selection of accounting policy so as to representSelection of accounting policy so as to representSelection of accounting policy so as to representSelection of accounting policy so as to represent a true and fair view of:a true and fair view of:a true and fair view of:a true and fair view of: State of affairs; andState of affairs; andState of affairs; andState of affairs; and Income of business, profession or vocation.Income of business, profession or vocation.Income of business, profession or vocation.Income of business, profession or vocation. Change in accounting policy only if reasonableChange in accounting policy only if reasonableChange in accounting policy only if reasonableChange in accounting policy only if reasonable cause. AS 5cause. AS 5cause. AS 5cause. AS 5 –––– only if required by statute,only if required by statute,only if required by statute,only if required by statute, compliance with AS or more appropriatecompliance with AS or more appropriatecompliance with AS or more appropriatecompliance with AS or more appropriate presentation of FSpresentation of FSpresentation of FSpresentation of FS No deduction of expected losses or marked toNo deduction of expected losses or marked toNo deduction of expected losses or marked toNo deduction of expected losses or marked to marked loss unless as per other ICDSmarked loss unless as per other ICDSmarked loss unless as per other ICDSmarked loss unless as per other ICDS CA. Pramod Jain
  • 57. ICDS IICDS IICDS IICDS I –––– ACCOUNTING POLICIESACCOUNTING POLICIESACCOUNTING POLICIESACCOUNTING POLICIES Judicial Precedents:Judicial Precedents:Judicial Precedents:Judicial Precedents: DCITDCITDCITDCIT (International Taxation) v. Bank of Bahrain & Kuwait(International Taxation) v. Bank of Bahrain & Kuwait(International Taxation) v. Bank of Bahrain & Kuwait(International Taxation) v. Bank of Bahrain & Kuwait [2010] 41 SOT 290 (Mum) (SB)[2010] 41 SOT 290 (Mum) (SB)[2010] 41 SOT 290 (Mum) (SB)[2010] 41 SOT 290 (Mum) (SB) ---- LossLossLossLoss incurred onincurred onincurred onincurred on a/ca/ca/ca/c ofofofof evaluation of contract on last date ofevaluation of contract on last date ofevaluation of contract on last date ofevaluation of contract on last date of B/S is allowableB/S is allowableB/S is allowableB/S is allowable. AnticipatedAnticipatedAnticipatedAnticipated losseslosseslosseslosses allowed as deductionsallowed as deductionsallowed as deductionsallowed as deductions ‐‐‐‐ ABNABNABNABN AmroAmroAmroAmro SecuritiesSecuritiesSecuritiesSecurities IndIndIndInd (P.) Ltd. v. ITO [2011] 15 taxmann.com 177(P.) Ltd. v. ITO [2011] 15 taxmann.com 177(P.) Ltd. v. ITO [2011] 15 taxmann.com 177(P.) Ltd. v. ITO [2011] 15 taxmann.com 177 (Mum(Mum(Mum(Mum.).).).) MarkMarkMarkMark‐‐‐‐totototo‐‐‐‐market loss on derivatives held as stockmarket loss on derivatives held as stockmarket loss on derivatives held as stockmarket loss on derivatives held as stock‐‐‐‐inininin‐‐‐‐tradetradetradetrade allowedallowedallowedallowed ‐‐‐‐ DCITDCITDCITDCIT v.v.v.v. KotakKotakKotakKotak Mahindra [2013]Mahindra [2013]Mahindra [2013]Mahindra [2013] 35 taxmann.com 22535 taxmann.com 22535 taxmann.com 22535 taxmann.com 225 (Mumbai(Mumbai(Mumbai(Mumbai ‐‐‐‐ Trib.)Trib.)Trib.)Trib.) FAQFAQFAQFAQ ---- Market to Market loss or expected loss as well asMarket to Market loss or expected loss as well asMarket to Market loss or expected loss as well asMarket to Market loss or expected loss as well as Market to Market gain or expected gain not to beMarket to Market gain or expected gain not to beMarket to Market gain or expected gain not to beMarket to Market gain or expected gain not to be recognised unless as per ICDSrecognised unless as per ICDSrecognised unless as per ICDSrecognised unless as per ICDS CA. Pramod Jain
  • 58. ICDS IICDS IICDS IICDS I –––– ACCOUNTING POLICIESACCOUNTING POLICIESACCOUNTING POLICIESACCOUNTING POLICIES What happens when income is recognised inWhat happens when income is recognised inWhat happens when income is recognised inWhat happens when income is recognised in computation but not in books as per ICDS, andcomputation but not in books as per ICDS, andcomputation but not in books as per ICDS, andcomputation but not in books as per ICDS, and later becomes bad?later becomes bad?later becomes bad?later becomes bad? S. 36(1)(S. 36(1)(S. 36(1)(S. 36(1)(vii)vii)vii)vii) ----for deduction of bad debt, the debtfor deduction of bad debt, the debtfor deduction of bad debt, the debtfor deduction of bad debt, the debt should be written of irrevocably in the books ofshould be written of irrevocably in the books ofshould be written of irrevocably in the books ofshould be written of irrevocably in the books of account??account??account??account?? S.S.S.S. 36(1) (vii36(1) (vii36(1) (vii36(1) (vii) amended by Finance Act 2015) amended by Finance Act 2015) amended by Finance Act 2015) amended by Finance Act 2015 ---- ifififif income has been offered to tax but has not beenincome has been offered to tax but has not beenincome has been offered to tax but has not beenincome has been offered to tax but has not been recognized in books of accounts, the same isrecognized in books of accounts, the same isrecognized in books of accounts, the same isrecognized in books of accounts, the same is deemed to have been recognized in the booksdeemed to have been recognized in the booksdeemed to have been recognized in the booksdeemed to have been recognized in the books for the purpose offor the purpose offor the purpose offor the purpose of s. 36(1) (viis. 36(1) (viis. 36(1) (viis. 36(1) (vii)))) CA. Pramod Jain
  • 59. ICDS IICDS IICDS IICDS I –––– TRANSITIONAL PROVISIONTRANSITIONAL PROVISIONTRANSITIONAL PROVISIONTRANSITIONAL PROVISION All contracts/transactionAll contracts/transactionAll contracts/transactionAll contracts/transaction existing onexisting onexisting onexisting on 1.4.2016 or entered thereafter to be as per1.4.2016 or entered thereafter to be as per1.4.2016 or entered thereafter to be as per1.4.2016 or entered thereafter to be as per ICDS after taking into account income,ICDS after taking into account income,ICDS after taking into account income,ICDS after taking into account income, expense or lossexpense or lossexpense or lossexpense or loss recognised inrecognised inrecognised inrecognised in FY2015FY2015FY2015FY2015----16161616 CA. Pramod Jain
  • 60. ICDS IICDS IICDS IICDS I –––– DISCLOSURESDISCLOSURESDISCLOSURESDISCLOSURES All significant accounting policiesAll significant accounting policiesAll significant accounting policiesAll significant accounting policies Change in accounting policy which has materialChange in accounting policy which has materialChange in accounting policy which has materialChange in accounting policy which has material effect including amount to the extent ascertainableeffect including amount to the extent ascertainableeffect including amount to the extent ascertainableeffect including amount to the extent ascertainable If change in accounting policy to have materialIf change in accounting policy to have materialIf change in accounting policy to have materialIf change in accounting policy to have material effect in later years, then disclosure to beeffect in later years, then disclosure to beeffect in later years, then disclosure to beeffect in later years, then disclosure to be made:made:made:made: InInInIn year of adoption as well asyear of adoption as well asyear of adoption as well asyear of adoption as well as IIIIn 1st yearn 1st yearn 1st yearn 1st year of material effectof material effectof material effectof material effect ---- not as per ASnot as per ASnot as per ASnot as per AS Disclosure or change in accounting policy cannotDisclosure or change in accounting policy cannotDisclosure or change in accounting policy cannotDisclosure or change in accounting policy cannot remedy a wrong or inappropriate treatment of itemremedy a wrong or inappropriate treatment of itemremedy a wrong or inappropriate treatment of itemremedy a wrong or inappropriate treatment of item IfIfIfIf fundamental accounting assumptions of goingfundamental accounting assumptions of goingfundamental accounting assumptions of goingfundamental accounting assumptions of going concern, consistency and accrual notconcern, consistency and accrual notconcern, consistency and accrual notconcern, consistency and accrual not followed.followed.followed.followed. CA. Pramod Jain
  • 61. ICDS IICDS IICDS IICDS I –––– PRACTICAL IMPLICATIONSPRACTICAL IMPLICATIONSPRACTICAL IMPLICATIONSPRACTICAL IMPLICATIONS Disclosure of all significant accounting policies inDisclosure of all significant accounting policies inDisclosure of all significant accounting policies inDisclosure of all significant accounting policies in Clause 13 (f) of Form 3CD, wherever applicable:Clause 13 (f) of Form 3CD, wherever applicable:Clause 13 (f) of Form 3CD, wherever applicable:Clause 13 (f) of Form 3CD, wherever applicable: Give completeGive completeGive completeGive complete Where similar may refer of policies in notes to FSWhere similar may refer of policies in notes to FSWhere similar may refer of policies in notes to FSWhere similar may refer of policies in notes to FS Disallowances or deductions to be disclosed in ICDSDisallowances or deductions to be disclosed in ICDSDisallowances or deductions to be disclosed in ICDSDisallowances or deductions to be disclosed in ICDS schedule in Form 3CD as well as ITR:schedule in Form 3CD as well as ITR:schedule in Form 3CD as well as ITR:schedule in Form 3CD as well as ITR: Mark to market loss / gainMark to market loss / gainMark to market loss / gainMark to market loss / gain Expected lossesExpected lossesExpected lossesExpected losses Take care of change in accounting policies havingTake care of change in accounting policies havingTake care of change in accounting policies havingTake care of change in accounting policies having material effect in the year of effect too.material effect in the year of effect too.material effect in the year of effect too.material effect in the year of effect too. CA. Pramod Jain
  • 62. IIIIIIII –––– VALUATION OF INVENTORIESVALUATION OF INVENTORIESVALUATION OF INVENTORIESVALUATION OF INVENTORIES CA. Pramod Jain
  • 63. ICDS IIICDS IIICDS IIICDS II –––– VALUATION OF INVENTORIESVALUATION OF INVENTORIESVALUATION OF INVENTORIESVALUATION OF INVENTORIES Inventory to be valued at cost or NRV whicheverInventory to be valued at cost or NRV whicheverInventory to be valued at cost or NRV whicheverInventory to be valued at cost or NRV whichever is lower.is lower.is lower.is lower. Does not include WIP dealt by other ICDS.Does not include WIP dealt by other ICDS.Does not include WIP dealt by other ICDS.Does not include WIP dealt by other ICDS. Cost of inventories to include:Cost of inventories to include:Cost of inventories to include:Cost of inventories to include: Cost of purchases;Cost of purchases;Cost of purchases;Cost of purchases; Includes all duties & taxes . AS 2 excludes refundableIncludes all duties & taxes . AS 2 excludes refundableIncludes all duties & taxes . AS 2 excludes refundableIncludes all duties & taxes . AS 2 excludes refundable from taxing authoritiesfrom taxing authoritiesfrom taxing authoritiesfrom taxing authorities Costs of services; (earlier for service provider, nowCosts of services; (earlier for service provider, nowCosts of services; (earlier for service provider, nowCosts of services; (earlier for service provider, now deleted)deleted)deleted)deleted) Includes labour and other costs of personnel directlyIncludes labour and other costs of personnel directlyIncludes labour and other costs of personnel directlyIncludes labour and other costs of personnel directly engaged in providing the service including supervisoryengaged in providing the service including supervisoryengaged in providing the service including supervisoryengaged in providing the service including supervisory personnel and attributablepersonnel and attributablepersonnel and attributablepersonnel and attributable overheadsoverheadsoverheadsoverheads CA. Pramod Jain
  • 64. ICDS IIICDS IIICDS IIICDS II –––– VALUATION OF INVENTORIESVALUATION OF INVENTORIESVALUATION OF INVENTORIESVALUATION OF INVENTORIES Costs of conversion; andCosts of conversion; andCosts of conversion; andCosts of conversion; and OOOOtherthertherther costs incurred in bringing the inventories tocosts incurred in bringing the inventories tocosts incurred in bringing the inventories tocosts incurred in bringing the inventories to their present location and conditiontheir present location and conditiontheir present location and conditiontheir present location and condition Cost FormulaeCost FormulaeCost FormulaeCost Formulae Specific identification of costSpecific identification of costSpecific identification of costSpecific identification of cost FIFOFIFOFIFOFIFO Weighted AverageWeighted AverageWeighted AverageWeighted Average Techniques for measurement of cost:Techniques for measurement of cost:Techniques for measurement of cost:Techniques for measurement of cost: Standard CostStandard CostStandard CostStandard Cost Retail methodRetail methodRetail methodRetail method ((((An averageAn averageAn averageAn average percentage forpercentage forpercentage forpercentage for each retaileach retaileach retaileach retail departmentdepartmentdepartmentdepartment is tois tois tois to be usedbe usedbe usedbe used )))) CA. Pramod Jain
  • 65. ICDS IIICDS IIICDS IIICDS II –––– VALUATION OF INVENTORIESVALUATION OF INVENTORIESVALUATION OF INVENTORIESVALUATION OF INVENTORIES ICDSICDSICDSICDS ---- MachineryMachineryMachineryMachinery spares, which can be used only inspares, which can be used only inspares, which can be used only inspares, which can be used only in connection with a tangible fixed asset and their use isconnection with a tangible fixed asset and their use isconnection with a tangible fixed asset and their use isconnection with a tangible fixed asset and their use is expected to be irregular,expected to be irregular,expected to be irregular,expected to be irregular, totototo be dealt with in accordancebe dealt with in accordancebe dealt with in accordancebe dealt with in accordance with thewith thewith thewith the ICDS V (TangibleICDS V (TangibleICDS V (TangibleICDS V (Tangible fixedfixedfixedfixed assets)assets)assets)assets) The New AS 10 PPE read with new AS 2The New AS 10 PPE read with new AS 2The New AS 10 PPE read with new AS 2The New AS 10 PPE read with new AS 2 –––– FA ifFA ifFA ifFA if expected to be used for more than 12 monthsexpected to be used for more than 12 monthsexpected to be used for more than 12 monthsexpected to be used for more than 12 months CA. Pramod Jain
  • 66. ICDS IIICDS IIICDS IIICDS II –––– VALUATION OF INVENTORIESVALUATION OF INVENTORIESVALUATION OF INVENTORIESVALUATION OF INVENTORIES InInInIn case of dissolution of a partnership firm or AOP / BOI,case of dissolution of a partnership firm or AOP / BOI,case of dissolution of a partnership firm or AOP / BOI,case of dissolution of a partnership firm or AOP / BOI, notwithstanding whether business is discontinued ornotwithstanding whether business is discontinued ornotwithstanding whether business is discontinued ornotwithstanding whether business is discontinued or not, the inventory on the date of dissolution shall benot, the inventory on the date of dissolution shall benot, the inventory on the date of dissolution shall benot, the inventory on the date of dissolution shall be valued at thevalued at thevalued at thevalued at the NRV.NRV.NRV.NRV. Judicial Precedents:Judicial Precedents:Judicial Precedents:Judicial Precedents: In cases of dissolution of firm, the stockIn cases of dissolution of firm, the stockIn cases of dissolution of firm, the stockIn cases of dissolution of firm, the stock‐‐‐‐inininin----trade will have to betrade will have to betrade will have to betrade will have to be valued at the prevailing market price while preparing a/valued at the prevailing market price while preparing a/valued at the prevailing market price while preparing a/valued at the prevailing market price while preparing a/cscscscs ifififif the business of firm is discontinuedthe business of firm is discontinuedthe business of firm is discontinuedthe business of firm is discontinued---- A.L.A. Firm v. CIT [1991] 55A.L.A. Firm v. CIT [1991] 55A.L.A. Firm v. CIT [1991] 55A.L.A. Firm v. CIT [1991] 55 Taxman 497(SC)Taxman 497(SC)Taxman 497(SC)Taxman 497(SC) WhereWhereWhereWhere firm got dissolved due to death of a partnerfirm got dissolved due to death of a partnerfirm got dissolved due to death of a partnerfirm got dissolved due to death of a partner &business&business&business&business was reconstituted withwas reconstituted withwas reconstituted withwas reconstituted with remaining partners &remaining partners &remaining partners &remaining partners & businessbusinessbusinessbusiness continued without any interruption,continued without any interruption,continued without any interruption,continued without any interruption, closingclosingclosingclosing stock was to bestock was to bestock was to bestock was to be valued atvalued atvalued atvalued at costcostcostcost orororor MP,MP,MP,MP, whichever was lower,whichever was lower,whichever was lower,whichever was lower, &&&& not at marketnot at marketnot at marketnot at market valuevaluevaluevalue ----SakthiSakthiSakthiSakthi Trading Co. v. CIT [2001] 118 Taxman 301 (SC)Trading Co. v. CIT [2001] 118 Taxman 301 (SC)Trading Co. v. CIT [2001] 118 Taxman 301 (SC)Trading Co. v. CIT [2001] 118 Taxman 301 (SC) CA. Pramod Jain
  • 67. ICDS IIICDS IIICDS IIICDS II –––– VALUATION OF INVENTORIESVALUATION OF INVENTORIESVALUATION OF INVENTORIESVALUATION OF INVENTORIES Market value has to be adopted where dissolution of firm isMarket value has to be adopted where dissolution of firm isMarket value has to be adopted where dissolution of firm isMarket value has to be adopted where dissolution of firm is accompanied by discontinuance of business and not otherwiseaccompanied by discontinuance of business and not otherwiseaccompanied by discontinuance of business and not otherwiseaccompanied by discontinuance of business and not otherwise ‐‐‐‐ KwalityKwalityKwalityKwality Steel Suppliers v. CITSteel Suppliers v. CITSteel Suppliers v. CITSteel Suppliers v. CIT [2004] 141 Taxman 177 (Guj.)[2004] 141 Taxman 177 (Guj.)[2004] 141 Taxman 177 (Guj.)[2004] 141 Taxman 177 (Guj.) Partnership convertedPartnership convertedPartnership convertedPartnership converted into proprietorship firm after retirementinto proprietorship firm after retirementinto proprietorship firm after retirementinto proprietorship firm after retirement ofofofof 1111 out of onlyout of onlyout of onlyout of only 2222 partnerspartnerspartnerspartners ,,,, closing stock to be valued atclosing stock to be valued atclosing stock to be valued atclosing stock to be valued at MPMPMPMP ‐‐‐‐ Madhu Rani Mehra v. CIT [2011] 10Madhu Rani Mehra v. CIT [2011] 10Madhu Rani Mehra v. CIT [2011] 10Madhu Rani Mehra v. CIT [2011] 10 taxmann.com 126 (taxmann.com 126 (taxmann.com 126 (taxmann.com 126 (Del)Del)Del)Del) NoNoNoNo Interest /borrowing cost unless as per ICDSInterest /borrowing cost unless as per ICDSInterest /borrowing cost unless as per ICDSInterest /borrowing cost unless as per ICDS IXIXIXIX Where inventories require a period of 12 months or more toWhere inventories require a period of 12 months or more toWhere inventories require a period of 12 months or more toWhere inventories require a period of 12 months or more to bring them to a saleable conditionbring them to a saleable conditionbring them to a saleable conditionbring them to a saleable condition ValueValueValueValue of the inventory asof the inventory asof the inventory asof the inventory as onononon beginning ofbeginning ofbeginning ofbeginning of PYPYPYPY shallshallshallshall be:be:be:be: CCCCostostostost of inventoryof inventoryof inventoryof inventory available, if any,available, if any,available, if any,available, if any, onononon day ofday ofday ofday of commencement ofcommencement ofcommencement ofcommencement of business when the business has commenced during thebusiness when the business has commenced during thebusiness when the business has commenced during thebusiness when the business has commenced during the PY;PY;PY;PY; ValueValueValueValue of the inventory as on the close of the immediatelyof the inventory as on the close of the immediatelyof the inventory as on the close of the immediatelyof the inventory as on the close of the immediately precedingprecedingprecedingpreceding PY,PY,PY,PY, in any other case.in any other case.in any other case.in any other case. CA. Pramod Jain
  • 68. ICDS IIICDS IIICDS IIICDS II –––– VALUATION OF INVENTORIESVALUATION OF INVENTORIESVALUATION OF INVENTORIESVALUATION OF INVENTORIES No change in method of valuation withoutNo change in method of valuation withoutNo change in method of valuation withoutNo change in method of valuation without reasonable causereasonable causereasonable causereasonable cause Reasonable cause:Reasonable cause:Reasonable cause:Reasonable cause: Change in method of accounting in view ofChange in method of accounting in view ofChange in method of accounting in view ofChange in method of accounting in view of mandatory requirements of ASmandatory requirements of ASmandatory requirements of ASmandatory requirements of AS‐‐‐‐7 is a7 is a7 is a7 is a bonafidebonafidebonafidebonafide reason for changereason for changereason for changereason for change ‐‐‐‐ MazagonMazagonMazagonMazagon DockDockDockDock Ltd. v. JCIT [2009] 29Ltd. v. JCIT [2009] 29Ltd. v. JCIT [2009] 29Ltd. v. JCIT [2009] 29 SOT 356 (MumSOT 356 (MumSOT 356 (MumSOT 356 (Mum.).).).) No addition could be made to income ofNo addition could be made to income ofNo addition could be made to income ofNo addition could be made to income of assesseeassesseeassesseeassessee onononon account of change in accounting policy as toaccount of change in accounting policy as toaccount of change in accounting policy as toaccount of change in accounting policy as to valuation of closing stock if such change had beenvaluation of closing stock if such change had beenvaluation of closing stock if such change had beenvaluation of closing stock if such change had been made on account of statutory requirementsmade on account of statutory requirementsmade on account of statutory requirementsmade on account of statutory requirements ‐‐‐‐ UniflexUniflexUniflexUniflex Industries (P.) Ltd. v. ITO [2007] 15 SOT 246 (LUCK.)Industries (P.) Ltd. v. ITO [2007] 15 SOT 246 (LUCK.)Industries (P.) Ltd. v. ITO [2007] 15 SOT 246 (LUCK.)Industries (P.) Ltd. v. ITO [2007] 15 SOT 246 (LUCK.) CA. Pramod Jain