Ind AS is bringing biggest accounting revolution in India

For Ind AS Training contact vivek@skagrawal.co.in.

Ind AS requires valuation as per Ind AS 113

For Any Valuation under Ind AS contact vivek@skagrawal.co.in.

Ind AS is required to be Implemented by an expert

We have a dedicated Ind AS team who are doing Implementation for some big companies.

Ind AS is a futuristic accounting standard

Dont run away from Ind AS, get trained by our trainers.

Is your company Ind AS compliant ??

Get Ind AS implementaion done and understand its Impact on your tax.

CSR Amendment Rules 2020 - Changing CSR Ecosystem


MCA Proposes Amendments in CSR Rules-Invites Comments till 28th March 2020 

The Ministry of Corporate Affairs (MCA) has published draft CSR Rules Amendments. There are many changes and developments that will impact India’s CSR ecosystem.  Here are a few key insights from the notification of Amendment in CSR Rules issued by Ministry of Corporate Affairs under the Companies Act Amendment Rule 2020, proposed on 13th March, 2020

Companies Auditor Report Order (Caro) Rules, 2020 - Analyses

Background
The MCA has issued the Companies (Auditor’s Report) Order, 2020 (CARO 2020), on 25th February 2020. This order has been issued in supersession of the Companies (Auditor’s Report) Order, 2016, and is applicable for reporting on financial statements of companies whose financial year commences on or after 1st April 2019. CARO 2016 was issued by MCA in supersession of CARO 2015.

Now, the MCA has kept the applicability of CARO 2020 to companies same as CARO 2016. The CARO 2020 will not apply to the auditor’s report on consolidated financial statements except for clause (xxi) of Clause 3 in regard to any qualifications or adverse remarks by the respective auditors in the Companies (Auditor's Report) Order (CARO) reports of the companies included in the consolidated financial statements.  If there is any such remark, then the auditor of CFS, has to indicate the details of the companies and the paragraph numbers of the CARO report containing the qualifications or adverse remarks. The exemption to small companies has been removed and instead CARO 2020 has defined small company itself.

Appointed Date Vs Acquisition Date




Background - Appointed Date


The concept of ‘appointed date’ relates to the schemes for implementation of merger, demerger etc. in accordance with the provisions of Companies Act, 2013 (‘Cos Act’). The appointed date generally refers to a date from which the scheme shall be effective upon sanction by National Company Law Tribunal (‘NCLT’). Such appointed date may be determined by the Board of Directors (of the companies involved in the scheme) and mentioned in the scheme or may be a date as directed by the concerned NCLT.

• In this regard, section 232(6) of the Cos Act provides that:
  • Every scheme filed under section 230-232 of the Cos Act shall clearly indicate an appointed date from which the scheme shall be effective; and
  • The scheme shall be deemed to be effective from such appointed date and not any subsequent date.

What's the debate ?

  • Whether the appointed date in the scheme should mandatorily be a specific calendar date or can it be a date linked to the occurrence of an event (such as business considerations, fulfilling legal requirements such as procurement of license from sectoral regulators, filing of NCLT orders with the Registrar, etc.).
  • For the purpose of accounting under Ind-AS 103 (Business Combinations), whether the ‘acquisition date’ would be the appointed date as indicated in the scheme.
  • Whether the appointed date mentioned in the scheme can be retrospective and if so, how far can it be stretched.

Clarifications

The MCA has received several queries in relation to determination of ‘appointed date’ based on interpretation of provisions of section 232(6) of the Cos Act. After detailed examination of the matter, the MCA has issued a circular1 (‘MCA Circular’) with following clarifications:

  • Section 232(6) of the Cos Act enables the companies to select the appointed date to be indicated in the scheme. Accordingly, the appointed date may be a specific calendar date or may be tied to the occurrence of an event which are relevant to the scheme (such as grant of license by a competent authority, fulfilment of any preconditions agreed upon by the parties, meeting any other requirements as may be agreed upon between the parties etc.).
  • The ‘appointed date’ identified under the scheme shall be deemed to be the ‘acquisition date’ and the date of transfer of control for the purpose of conforming to accounting standards (including Ind-AS 103 Business Combinations).
  • The appointed date chosen as a specific calendar date may precede the date of filing of application for the scheme of merger/ arrangement in NCLT. However, if the ‘appointed date’ is significantly ante-dated beyond a year from the date of filling then the justification for the same should be specifically brought out in the scheme and it should not be against public interest.
  • Where the appointed date in the scheme is based on the occurrence of an event, such trigger event should be indicated in the scheme itself. However, in case the appointed date is an event based date which is a date subsequent to the date of filing the order with the Registrar under Section 232(5) of the Cos Act, then the company shall file an intimation of the same with the Registrar within 30 days of such scheme coming into force.
This brings clarity about appointed date and acquisition date and puts the debate to rest.



IND AS COMPENDIUM by ICAI

The Accounting Standards Board has published the first Compendium of Ind AS which provides a compilation of all the Ind AS that are effective as on April 01, 2018:






Link to Ind AS Compendium for the Year 2018-2019:

Volume - I:
https://resource.cdn.icai.org/53920asbicai-cias-vol-1.pdf

Volume - II
https://resource.cdn.icai.org/53921asbicai-cias-vol-2.pdf

Do visit www.vivekagarwal.in to know more about author

IFRS Book for reference by ICAI

Ind AS are derived from IFRS Standards issued by the IFRS Foundation. In view of this, it is useful and appropriate to read Ind AS along with the following background material of IFRS Standards:

IFRS Part B (Accompanying Guidance)
https://icai.org/post.html?post_id=15386


IFRS Part C (Bases for Conclusions)
https://icai.org/post.html?post_id=15391

However, for the avoidance of doubt, it is clarified that the Ind AS differ from the IFRS Standards as they contain certain carve outs and carve ins for making them contextually relevant to the Indian economic and legal environment.

 Therefore, above IFRS material has to be read in the context of differences between Ind AS and IFRS Standards. 

Please refer the link: 
Major Differences between Ind AS and IFRS and reasons for the differences
https://resource.cdn.icai.org/53919asbicai-diffindasifrs.pdf

Happy reading

Ind AS ITGC Compilation


ICAI issues compilation of Ind AS Technical Group Clarification Bulletin covering all Bulletin from 1-17 issues upto December 2018.


The best part is that all issues are grouped Ind AS wise and the contents lays down the issues so that it is easy to search.



Ind AS 116 - Leases : Detailed Impact Analyses

The objective of the standard Ind AS 116 Leases is to specify the rules for recognition, measurement, presentation and disclosure of leases.

But, why is there a new lease standard when we had an older Ind AS 17 Leases?

We have already discussed the Transition from Ind AS 17 to Ind AS 116 and Ind AS 116 Lease : a bird eye view

Ind AS 116 - Lease : a bird eye view


In April 2019, the new standard about lease accounting Ind AS 116 will be applicable and it introduced a few major changes. The most significant are:
  • New definition of the lease can cause that some contracts previously treated as “service contracts” can now be treated as “lease contracts”,
  • Accounting for leases in the lessee’s financial statements changes and lessees do not classify the lease anymore into operating and finance. Instead, they would account for all the leases in the same way.
I wrote an article highlighting these changes and illustrating them on examples some time ago, but you might want to check that out here.

In this article, I’d like to sum up the main requirements of the new Ind AS 116.

Transition from Ind AS 17 to Ind AS 116 : The Lease Accounting is Changing.


In April 2019 Ind AS 116 Leases will replace Ind AS 17.

Ever since then I receive lots of e-mails asking me to sum up what’s new.

OK, so here you go.

In this article, you’ll learn about the main changes that Ind AS 116 introduces to the accounting for leases, illustrated on a very simple example.

The effective date of the new Ind AS 116 is 1 April 2019.

Advanced Leadership Program for CA by IIM Ahmedabad

The MoU will benefit the chartered accountants in acquiring a number of skills required in today’s digitised and fast-changing business environment. 

The chartered accountants apex body ICAI has signed an MoU with the Indian Institute of Management, Ahmedabad, for conducting management training programmes for CAs. The objective of the initiative is to establish mutual cooperation between the institutes for offering and co-hosting open enrolment and customized training programs exclusively for Chartered Accountants (CAs).

“Mutual collaboration will bring a new
dimension to the area of accounting and management education in the country. Courses conducted under the MoU will provide opportunity for chartered accountants to enhance their management skill sets required for key positions in business and industry,” said Naveen N D Gupta, President, Institute of Chartered Accountants of India (ICAI) to media.

“The MoU will benefit the chartered accountants in acquiring a number of skills required in today’s digitised and fast-changing business environment. Participants will be exposed to emerging concepts, technology and business practices in achieving operational excellence,” he said. As part of the MoU, a five-day residential programme ‘Advanced leadership programme for Chartered Accountants’ is being organised at IIM Ahmedabad from December 24 to 28

Forensic Audit - Need of the hour

What is a Forensic Audit?


A Forensic Audit is an examination of a company’s financial records to derive evidence which can be used in a court of law or legal proceeding.

For example, ABC Ltd , on the recommendation of its Chief Financial Officer (CFO), entered into a contract with XYZ ltd for the supply of goods. At the time, XYZ ltd was not authorized to conduct business, as its license was suspended due to certain irregularities in taxes paid. The CFO had knowledge of this fact, but still recommended that ABC ltd enter into a contract with XYZ ltd because he was secretly receiving compensation from XYZ ltd for doing so.

A forensic audit can reveal such cases of fraud.

Why is a  forensic audit conducted?


Forensic audit investigations are made for several reasons, including the following:

Corruption
In a Forensic Audit, while investigating fraud, an auditor would look out for Conflicts of interest , Bribery and any other form of corruption

Asset Misappropriation
This is the most common and prevalent form of fraud. Misappropriation of cash, raising fake invoices, payments made to non-existing suppliers or employees, misuse of assets, or theft of Inventory are a few examples of such asset misappropriation.

Financial statement fraud
Companies get into this type of fraud to try to show the company’s financial performance as better than what it actually is. The goal of presenting fraudulent numbers may be to improve liquidity, ensure top management continue receiving bonuses, or to deal with pressure for market performance

A forensic auditor has to prove above with evidence which can be produced in court of law
 

Procedure for a forensic audit investigation


A forensic auditor is required to have special training in forensic audit techniques and in the legalities of accounting issues.

A forensic audit has additional steps that need to be performed in addition to regular audit procedures.

Plan the investigation– When the client hires a Forensic auditor, the auditor is required to understand what the focus of the audit is. For example, the client might be suspicious about possible fraud in terms of quality of raw material supplied. The forensic auditor will plan their investigation to achieve objectives such as:

  • Identify what fraud, if any, is being carried out
  • Determine the time period during which the fraud has occurred
  • Discover how the fraud was concealed
  • Identify the perpetrators of the fraud
  • Quantify the loss suffered due to the fraud
  • Gather relevant evidence that is admissible in the court
  • Suggest measures that can prevent such frauds in the company in future

Collecting Evidence – By the conclusion of the audit, the forensic auditor is required to understand the possible type of fraud that has been carried out and how it has been committed. The evidence collected should be adequate enough to prove the identity of the fraudster(s) in court, reveal the details of the fraud scheme, and document the amount of financial loss suffered and the parties affected by the fraud.

A logical flow of evidence will help the court in understanding the fraud and the evidence presented. Forensic auditors are required to take precautions to ensure that documents and other evidence collected are not damaged or altered by anyone.

Common techniques used for collecting evidence in a forensic audit include the following:

  • Substantive techniques– For example, doing a reconciliation, review of documents, etc
  • Analytical procedures – Used to compare trends over a certain time period or to get comparative data from different segments
  • Computer-assisted audit techniques-  Computer software programs that can be used to identify fraud
  • Understanding internal controls and testing them so as to understand the loopholes which allowed the fraud to be perpetrated.
  • Interviewing the suspect(s)

Reporting – A report is required so that it can be presented to a client about the fraud. The report should include the findings of the investigation, a summary of evidence, an explanation of how the fraud was perpetrated, and suggestions on how internal controls can be improved to prevent such frauds in future. The report needs to be presented to a client so that they can proceed to file a legal case if they so desire.

Court Proceedings – The forensic auditor needs to be present during court proceedings to explain the evidence collected and how the suspect was identified. They should simplify the complex accounting issues and explain in layman’s language so that people who have no understanding of the accounting terms can still understand the fraud that was carried out.

To summarize,  a forensic audit is a detailed engagement which requires the expertise of not only accounting and auditing procedures but also expert knowledge regarding the legal framework. A forensic auditor is required to have an understanding of various frauds that can be carried out and of how evidence needs to be collected.

If you feel you are not ready for Forensic audit, then get ready, as Forensic audit is the future. A mix between technology and Internal Audit, with proper evidence collection.

Start giving Forensic Audit service and move out of old school of Internal Audit.

If you have any query, feel free to contact me.

Regards
Vivek Agarwal
www.vivekonline.com

Ind AS Implementation - a strategic issue, not just accounting.

Ind AS conversion is a strategic issue. The board of directors and management need to explain to the stakeholders on changes and impact arising from the Ind AS conversion. Ind AS effects all the verticals of the company and it should be well planned.  

If there is one thing you can take from reading this blog, it is: Develop your Ind AS implementation roadmap soon.To kick off this roadmap, we suggest that you ask your team a few preliminary questions. The answers to these questions should help you gauge the potential effect of Ind AS on your company. For example:
  • Have we identified main differences between Ind AS and Indian GAAP?

Ind AS for NBFC

Applicability

The MCA on March 30, 2016 notified the Companies (Indian Accounting Standards) (Amendment) Rules, 2016, which includes a road map for implementation of Indian Accounting Standards (Ind AS) by Non-Banking Financial Companies (NBFCs) (NBFC road map). NBFCs will be required to comply with Ind AS in a phased manner, from accounting periods beginning on or after 1 April 2018 for the first phase and 1 April 2019 for the second phase.
Phase I
From April 01, 2018, onwards, with comparative figures for the periods ending on or after 31 March 2018:
  • NBFCs having net worth of INR 500 crores or more, and
  • The holding, subsidiary, joint venture or associate companies of the above, other than those companies already covered under the road map for companies issued by MCA (corporate road map) in February 2015.
Phase II

SUGGESTIVE MEASURES FOR CHANGES IN FORM 3CD APPLICABLE FROM 20TH AUGUST


On 20th july 2018 Central Board of Direct Tax notify (notification No. 33/2018) multiple changes in Tax Audit Report (Form 3CD) which would come into force from 20th August 2018. In this article we will inform about change in form 3CD, we have given point by point suggestion on same for your reference.




■ POINT  No & PARTICULAR  OF TAR

4. ''Whether the assessee is liable to pay indirect tax like excise duty, service tax, sales tax, goods and services tax, customs duty, etc. if yes, please furnish the registration number or GST number or any other identification number allotted for the same''

● Sugg. measure

GSTIN to be cited in Form 3CD from now onwards.

What To Make Of The Auditor Resignations ?



It is uncommon for auditors in India to resign halfway through an audit. Even more uncommon for them to quit just before the finalisation of annual accounts. But it’s happened thrice now in two months.

  • On Apr. 27, Price Waterhouse & Co resigned as auditor of Vakrangee Ltd.
  • On May 26, Deloitte Haskins & Sells resigned as auditor of Manpasand Beverages Ltd.
  • On May 30, Price Waterhouse Chartered Accountants LLP as auditor of Atlanta Ltd

In all these cases the auditors resigned just days before signing off on annual accounts.
In all these cases the reason for resignation was inadequate information.
In all these cases the companies’ statements sidestep the auditors’ concerns.

Major Amendments in Income Tax applicable for A.Y. 2018-19

The Finance Act 2017 had made several changes last year in Income Tax Act and rules which became applicable from FY 2016-17 ( AY 2017-18). Compilation of some of the amendments are given below for your reference.


  1. Limit for payment of expenses by cash (Both capital and revenue expenditure) reduced from RS. 20,000 to RS. 10,000 per day in aggregate per person.
  2.  No Person shall receive an amount of two lakh rupees or more, by cash (Sec 269ST).
  3. For below Rs. 2 crores turnover cases - For Non cash sales (through Digital, Online, cheque, Bank etc.) : Net Profit will be taken as 6% of Turnover/ Gross Receipt. It is 8% For Cash Sales.
  4. Tax Exemption limit is Rs.2,50,000/- (same as earlier) After that, up to 5 Lakh, Tax rate is 5% (earlier it was 10%). 

Parliament passes Companies Amendment Bill

The Rajya Sabha passed the Companies (Amendment) Bill, 2017 by a voice vote. It was adopted by the Lok Sabha in July this year during the monsoon session.

A bill to amend the companies law to strengthen corporate governance standards, initiate strict action against defaulting companies and help improve ease of doing business in the country, was passed by parliament on Tuesday. The Rajya Sabha passed the Companies (Amendment) Bill, 2017 by a voice vote. It was adopted by the Lok Sabha in July this year during the monsoon session. 

Replying to issues raised by the members during a discussion on the bill, minister of state for corporate affairs P.P. Chaudhary said the amendment would ensure better corporate governance and improve the ease of doing business in the country

Ind AS Transition Facilitation Group (ITFG) Clarification Bulletins | Analysis


The Ind AS Transition Facilitation Group (ITFG) has issued several Clarification Bulletins, a synopsis of these bulletins are given below for ready reference 



ITFG Bulletin 1 clarifications  

  1. A company having a net worth between 250–500 crore INR as on 31 March 2014 and therefore falling in phase II but has net worth exceeding 500 crore INR during 2015–16 would need to comply with Ind AS from 1 April 2016 i.e. from the immediately next financial year.
  2. Subsidiaries of Phase I company also transition to Ind AS from 1 April 2016. However, the parent-subsidiary relationship for this purpose is evaluated as at 1 April 2016.

Ind AS Implementation – 5 Major Challenges



Financial reporting in India is passing through very remarkable moments owing to adoption of Indian accounting standards (Ind AS). For companies covered under Phase – 1 of mandatory Ind AS Financials, 31st March 2017 is first time complete reporting period and June 2016 was first Quarterly result publication date and we are months away from Phase 2 implementation. Ind AS Implementation has very wide impact on the organization so companies should assess carefully impact on growth, strategies, joint ventures and tax planning. There are many challenges in implementation of Ind AS however this blog/ article focuses on 5 major challenges:

Challenges Ahead

Financial Instruments

Deferred Taxation

Revenue Recognition

Control for Group Accounting

Business Combination


Financial instrument (Ind AS 32, 109):- 
There are no mandatory standards applicable under Ind GAAP, Ind AS provide the detailed guidance on accounting of classification, measurement, derecognition and impairment of financial assets and financial liabilities.

Practical Guide to Consolidation of Accounts

"The more you learn, you learn that you still have lot to learn”

Did you know?
  • Before Companies Act 2013, only listed company was required to do Consolidation. AS 21 says that if a company is required to do consolidation then consolidation is required to be done as per criteria set up in AS 21.
  • Earlier only listed companies was required to do consolidation as listing agreement required the same but with companies act 2013, sec 129 has defines financial statement to include CFS.