Suggestion
Suggestion
Shot
SUGGESTION: AUDIT
NILANJAN DUTTA 9831570905
Within 90 days of transferring funds to the Unpaid Dividend Account, the company must prepare a statement. This
statement should include:
Names and last known addresses of shareholders with unclaimed dividends.
o Amount of unclaimed dividend for each shareholder.
The statement must be placed on the company's website (if any) and on any other government-approved website for
public access. This transparency measure helps shareholders locate and claim their unclaimed dividends.
Q:Can dividend be paid out of current profit without writing off fictitious assets?
No, a company cannot legally pay dividends out of current profits if it involves writing off fictitious assets. This practice is
prohibited by the Companies Act, 2013, and for good reason:
Reasons why writing off fictitious assets for dividend payment is illegal:
→ Maintaining capital integrity: Companies have a responsibility to maintain their capital, which essentially refers
to the difference between assets and liabilities. Inflating assets by creating fictitious entries misrepresents the
financial health of the company and puts shareholders at risk.
→ Misleading financial statements: Including fictitious assets in the books distorts the true picture of the
company's financial performance. This can mislead investors and creditors, impacting their decisions and
potentially causing harm.
→ Dividend policy compliance: Companies must follow specific guidelines for declaring and paying dividends. These
guidelines ensure that dividends are only distributed from actual profits, not inflated figures resulting from
fictitious assets. Distributing dividends based on false profits violates these guidelines and can attract legal
consequences.
Q:Can Dividend be paid out of Past Reserves?
Yes, a company can pay dividends out of past reserves under certain conditions and regulations.
Types of Reserves:
1. Free Reserves: These are the most readily available reserves for dividend payments, accumulated from past
profits after accounting for necessary expenses and dividends already declared.
2. Capital Reserves: These reserves are created for specific purposes, such as capital redemption or expansion
plans. Using them for dividends is generally prohibited unless specific conditions are met.
3. Other Reserves: Certain reserves, like revaluation reserves or amalgamation reserves, are also not permitted for
dividend payments due to their restricted nature.
a) Profitability: Even though using past reserves, the company must still be in a profitable position and not
experiencing financial difficulties.
b) Solvency: Paying dividends should not jeopardize the company's ability to meet its obligations and remain
solvent.
c) Compliance with Company Law: Specific regulations within the Companies Act, 2013, must be followed. These
include:
o Interim dividends can only be paid out of current profits or surplus in the profit and loss account.
o Final dividends can be paid from past reserves under certain conditions, like inadequacy of current
paying dividends from past reserves is a viable option under specific conditions and legal compliance. However,
companies should carefully consider the financial implications, potential impact on future growth, and shareholder
perception before making such decisions.
Q: Appointment and Removal of a Company Auditor under the Companies Act, 2013
The Companies Act, 2013, outlines specific provisions for the appointment and removal of a company auditor, aiming to
ensure independent and professional audit services.
Appointment:
a) 1st AGM: Every company must appoint an auditor at its first annual general meeting (AGM) and at every
subsequent sixth AGM.
b) First Auditor: The first auditor of a company can be appointed by the Board of Directors within 30 days of the
company's incorporation or by the members at an extraordinary general meeting (EGM) within 90 days of
incorporation.
c) Term: The auditor holds office until the conclusion of the next AGM following their appointment.
d) Eligibility: The auditor must be a chartered accountant or a firm of chartered accountants, with specific
qualifications and experience as prescribed by the National Company Law Tribunal (NCLT).
e) Rotation of Auditors: Companies categorized as public interest entities (PIEs) and those with a public borrowings
of Rs. 50 crore or more are subject to mandatory auditor rotation after five years.
f) Ratification: Shareholders can ratify the appointment of every auditor at each AGM by passing an ordinary
resolution.
Removal:
1. Section 140: An auditor can be removed before the expiry of their term only by a special resolution of the
company, after obtaining the previous approval of the Central Government.
2. Grounds for Removal: The company can seek the Central Government's approval for removal on grounds such
as:
a. Professional misconduct or negligence.
b. Loss of independence or conflict of interest.
c. Failure to perform duties diligently.
3. Procedure: The company must first pass a resolution to remove the auditor and then apply to the Central
Government in the prescribed form with detailed reasons for the proposed removal.
4. Central Government Approval: The Central Government has the authority to grant or reject the company's
request for removal after considering the reasons and providing the auditor with an opportunity to be heard.
5. Resignation: An auditor can also resign from their appointment by giving due notice to the company and the
Central Government.
the Companies Act, 2013, emphasizes the importance of an independent and qualified auditor in ensuring the financial
health and transparency of a company. The provisions for appointment and removal aim to balance the rights of
shareholders with the need for a robust audit process.
Q: Discuss the qualification and disqualification of a company auditor as per the Companies
Act, 2013.
Qualifications and Disqualifications of a Company Auditor under the Companies Act, 2013
The Companies Act, 2013, lays down specific criteria for who can and cannot be appointed as a company auditor. This
ensures the necessary skills and independence required for conducting reliable financial audits.
Qualifications:
• Section 141: Only a chartered accountant in practice or a firm of chartered accountants can be appointed as a
company auditor.
• Chartered Accountant: The individual must be a member of the Institute of Chartered Accountants of India
(ICAI) and fulfill all the eligibility requirements set by the Institute.
• Firm of Chartered Accountants: The firm must be registered with the ICAI and have a majority of its partners
who are qualified chartered accountants.
• Additional Requirements: The Act may prescribe further qualifications and experience for auditors based on the
company's size, type, and public interest status.
Disqualifications:
• Section 141(3): Several factors can disqualify an individual or firm from being appointed as a company auditor.
These include:
a) Employment elsewhere: Individuals employed full-time outside the firm cannot be appointed as
auditors.
b) Holding multiple appointments: Individuals or firms cannot audit more than 20 companies at the same
time.
c) Relation with the company: Individuals related to directors or key managerial personnel of the
company are disqualified.
d) Previous conviction: Individuals convicted of financial or fraud-related offenses within the past 10 years
are disqualified.
e) Personal bankruptcy: Individuals declared bankrupt are disqualified.
f) Loss of independence or conflict of interest: Any situation that compromises the auditor's
independence or creates a conflict of interest disqualifies them.
• Section 144: The Act also empowers the Central Government to disqualify an auditor based on specific grounds,
such as professional misconduct, negligence, or failure to perform duties diligently.
Q:Can dividend be paid out of current revenue profit before writing of depreciation?
No, a company cannot legally pay dividends out of current revenue profit before writing off depreciation. This is due to
several key principles of accounting and corporate governance:
1. Matching principle: The matching principle requires expenses incurred in generating revenue to be recognized in
the same accounting period as the revenue. Depreciation is an expense associated with the wear and tear of assets used
to generate revenue, so it must be recognized in the same period as the revenue generated.
2. True and fair view: Financial statements should present a true and fair view of the company's financial position and
performance. Excluding depreciation would overstate the company's profit and present an inaccurate picture of its
financial health.
3. Sustainability of dividends: Dividends should be paid out of sustainable profits, meaning profits that are expected
to continue in the future. Depreciation is a recurring expense, and ignoring it could lead to unsustainable dividend
payments in the long run.
4. Legal and regulatory requirements: In many jurisdictions, including India with the Companies Act, 2013, there are
specific regulations prohibiting the payment of dividends out of profits before providing for depreciation.
Therefore, while a company may have sufficient current revenue profit to cover a dividend payment, it must first
account for depreciation before determining the available profit for distribution. This ensures responsible financial
management, protects shareholder interests, and helps maintain a healthy and sustainable financial foundation for the
company.
5.Retain the profits: The company can reinvest the profits in its operations, allowing for future growth and expansion.
6.Utilize reserves: If the company has reserves built up from past profits, it can consider distributing dividends from
those reserves.
Q:The rights and powers of a company auditor under the Companies Act, 2013:
Rights of a company auditor:
→ Right of access to information and records: The auditor has the right to access all books of accounts, vouchers,
and other relevant documents of the company at any time. This includes the right to visit the company's
premises and meet with its employees.
→ Right to receive information and explanations: The auditor has the right to request any information or
explanation from the company's directors or officers that they believe is necessary for the performance of their
duties.
→ Right to attend meetings: The auditor has the right to attend any meeting of the company's board of directors or
general meeting of shareholders. They may also speak at these meetings on matters relating to the accounts.
→ Right to report to the shareholders: The auditor has the right to prepare a report on the company's financial
statements, which must be presented to the shareholders at the annual general meeting. This report must
express an opinion on whether the financial statements give a true and fair view of the company's financial
position and performance.
Powers of a company auditor:
• Power to require explanations: The auditor has the power to require the company's directors or officers to
provide explanations for any matters that they believe may affect the company's financial statements.
• Power to appoint additional auditors: The auditor has the power to appoint additional auditors to assist them in
the performance of their duties.
• Power to report to the regulators: The auditor has the power to report to the regulators if they believe that the
company is not complying with the Companies Act, 2013, or other relevant laws.
the rights and powers of a company auditor are designed to ensure that they can perform their duties effectively and
independently. This helps to protect the interests of the company's shareholders and other stakeholders.
Audit planning is the essential foundation for a successful audit. It's the meticulous process of setting the course and
laying the groundwork for the entire audit engagement. Just like a builder needs a blueprint before constructing a
house, an auditor needs a well-defined plan to effectively assess and report on a company's financial health.
Significant:
1. Improves Efficiency and Focus:
• A well-planned audit identifies key areas and risks to prioritize, preventing wasted time and effort on irrelevant
details.
• Resources are allocated efficiently, ensuring sufficient attention is given to crucial areas without over-auditing
low-risk areas.
2. Enhances Audit Quality and Reliability:
• Planning helps ensure all necessary procedures are conducted, reducing the chance of overlooking critical
information or mistakes.
• Consistency in approach is maintained throughout the audit, leading to more reliable and defensible findings.
3. Minimizes Risks and Surprises:
• Potential risks and challenges are identified and addressed upfront, allowing for adjustments in the plan if
necessary.
4. Facilitates Communication and Collaboration:
• The plan serves as a clear communication tool, ensuring everyone involved understands the audit objectives,
scope, and procedures.
5. Increases Stakeholder Confidence:
• A well-planned audit demonstrates professionalism and thoroughness, building confidence in the audit process
and its findings.
audit planning is not just a formality; it's the backbone of a successful audit engagement. By investing time and effort in
planning, auditors can ensure they conduct an efficient, effective, and reliable audit that meets the needs of all
stakeholders.
An audit notebook is a crucial tool used by auditors to document their observations, findings, and procedures
throughout the audit process. It serves as a comprehensive record of the audit evidence gathered and helps ensure the
audit is conducted in a thorough and organized manner.
What's included in an audit notebook:
➢ General information: This includes details about the audit engagement, such as the client name, audit period,
and team members involved.
➢ Audit objectives and scope: The specific goals and areas of focus for the audit are clearly outlined.
➢ Risk assessment: Identified risks and potential areas of concern are documented, guiding the audit procedures.
➢ Audit procedures: The specific steps taken to test controls, verify transactions, and analyze financial statements
are recorded.
➢ Observations and findings: Any discrepancies, errors, or unusual circumstances encountered during the audit
are documented with detailed notes.
➢ Supporting evidence: Copies of relevant documents, confirmations, and other supporting materials are attached
or referenced.
➢ Discussions and conclusions: Notes on discussions with management, clarifications sought, and final conclusions
reached on specific issues are recorded.
Importance of an audit notebook:
• Documentation: Provides a well-organized record of the audit process, ensuring transparency and
accountability.
• Evidence: Serves as primary evidence of the audit work performed and supports the auditor's conclusions.
• Review and communication: Facilitates review and discussion of findings within the audit team and with
management.
• Defense: Can be used as evidence in legal proceedings if the auditor's work is challenged.
Types of audit notebooks:
• Physical notebooks: Traditional bound notebooks offer a tangible and secure record.
• Electronic notebooks: Software tools offer digital storage, searchability, and easy collaboration.
The audit notebook is a vital tool for conducting a thorough and effective audit. It ensures proper documentation,
evidence gathering, and communication throughout the process, ultimately contributing to the reliability and
defensibility of the audit findings.
An audit memorandum, also known as an audit report or audit summary, is a formal document prepared by the
auditor at the conclusion of an audit engagement. It serves as a concise and informative summary of the audit findings
and recommendations for the client, stakeholders, or regulatory bodies.
Audit memorandum includes:
a) Introduction: Briefly introduces the audit engagement, including the client name, audit period, and auditor
team.
b) Scope of the audit: Defines the areas covered by the audit, including financial statements, internal controls, or
specific compliance requirements.
c) Audit procedures: Summarizes the key procedures performed by the auditor to test controls, verify transactions,
and analyze financial statements.
d) Findings: Presents the key findings of the audit, including any identified errors, discrepancies, or potential risks.
This may include both material and immaterial findings.
e) Conclusions: Expresses the auditor's opinion on the fairness and accuracy of the financial statements or the
effectiveness of internal controls.
f) Recommendations: Provides suggestions for improvement to address any identified issues or strengthen
internal controls.
g) Appendices: May include supporting documents, schedules, or detailed explanations of specific findings.
Importance of an audit memorandum:
• Communication: Clearly communicates the audit results to the client, stakeholders, and regulators.
• Transparency: Provides a transparent record of the audit process and findings.
• Accountability: Holds the auditor accountable for their work and ensures proper documentation.
• Decision-making: Helps management and stakeholders make informed decisions based on the audit findings and
recommendations.
Q: Differences between internal control and internal check.
Q: "In a sound system of internal check, the work of one is checked indirectly by the work of
another," along with a clear example:
The statement highlights the fundamental principle of internal checks—ensuring that no single individual has complete
control over a transaction or process. It's designed to prevent errors, fraud, and inefficiencies by creating a system
where multiple individuals are involved, each performing a specific task and verifying the work of others.
Example:
Consider the process of issuing a purchase order in a company:
1. Requesting department: Initiates a purchase requisition for needed goods or services.
2. Purchasing department: Creates a purchase order based on the approved requisition.
3. Receiving department: Receives the goods and checks them against the purchase order for quantity and quality.
4. Accounting department: Matches the purchase order, receiving report, and vendor invoice before processing
payment.
Internal checks function in this example:
• Segregation of Duties: Each step is handled by different individuals, preventing any single person from
manipulating the process from start to finish.
• Documentation: Purchase requisitions, purchase orders, receiving reports, and invoices serve as a trail of
evidence for verification and accountability.
• Authorization: Purchases require approval from authorized personnel, ensuring adherence to budgets and
preventing unauthorized spending.
• Supervision: Managers or supervisors oversee the process, reviewing documentation and addressing any
discrepancies.
Q: What is Audit report? What are its features? What do you mean by audit certificates?
An audit report is a formal document summarizing the findings and conclusions of an audit engagement. It serves as a
crucial tool for communication, accountability, and transparency within a company or organization. An audit report is a
critical document that summarizes the audit process and delivers valuable insights to stakeholders. It plays a vital role in
ensuring transparency, accountability, and informed decision-making within any organization undergoing an audit.
Features:
• Introduction: Briefly outlines the audit engagement, including the client, audit period, and scope.
• Procedures: Summarizes the key procedures performed to test controls, verify transactions, and analyze
financial statements.
• Findings: Presents the key results of the audit, highlighting any identified errors, discrepancies, or potential risks.
This may include both material and immaterial findings.
• Conclusions: Expresses the auditor's professional opinion on the accuracy and fairness of the financial
statements or the effectiveness of internal controls.
• Recommendations: Provides suggestions for improvement to address any identified issues or strengthen
internal controls.
Importance:
• Communication: Clearly conveys the audit results to stakeholders, including management, investors, and
regulators.
• Transparency: Provides a clear understanding of the audit process and its findings.
• Accountability: Holds the auditor responsible for their work and ensures proper documentation.
• Decision-making: Helps stakeholders make informed decisions based on the audit findings and
recommendations.
"Audit certificate"
"audit certificate" often refers to the formal document expressing the auditor's opinion on the fairness and accuracy of a
company's financial statements. This document attached to the financial statements and includes:
o Statements on the scope of the audit: What areas were examined and the procedures used.
o Findings and conclusions: Whether the financial statements are in accordance with generally accepted
accounting principles (GAAP) or other applicable standards.
o Auditor's opinion: This can be an "unqualified opinion" (meaning the statements are fairly presented), a
"qualified opinion" (raising specific concerns), an "adverse opinion" (stating significant inconsistencies),
or a "disclaimer of opinion" (unable to form an opinion due to limitations).
Q: State the Contents of an Audit Report as per Companies Act, 2013 and
Relevant Standards:
The contents of an audit report are prescribed by both the Companies Act, 2013, and the relevant auditing standards
issued by the Institute of Chartered Accountants of India (ICAI). Followings are to be consider
• Name of the company and its registered office: Identifies the entity being audited.
• Financial statements covered: Specifies the specific financial statements audited (e.g., balance sheet, profit and
loss account, cash flow statement).
• Reporting period: Indicates the period covered by the audit.
• Auditor's name and address: Identifies the independent auditor or audit firm responsible for the report.
Scope of the Audit:
• Basis for the audit: Mentions the auditing standards and principles applied (e.g., International Standards on
Auditing (ISAs)).
• Limitations: Discloses any limitations encountered during the audit that might affect the scope or conclusions
(e.g., access to records, management representations).
Opinion:
• Auditor's opinion on the financial statements: This is the core of the report, expressing whether the financial
statements are presented fairly in all material respects in accordance with the applicable financial reporting
framework (e.g., Indian Accounting Standards (AS)).
Basis for Opinion:
• Key audit procedures performed: Summarizes the significant audit procedures conducted to test the controls,
verify transactions, and analyze financial information.
• Reasons for the opinion: Provides justification for the expressed opinion, especially if qualified or adverse.
Conclusion:
• Date of the report: Indicates when the audit was completed and the report issued.
• Auditor's signature and stamp: Provides legal and professional authentication of the report.
A company can use window dressing when preparing financial statements to improve the appearance of its
performance or liquidity. In this case, window dressing may consist of changing asset depreciation or valuation policies,
making short-term borrowings, or engaging in sales and leaseback transactions at the end of a period. By doing so,
management embellishes the company's results or liquidity and obtains some benefits.
ii. The Auditor's reservation is generally Stated The Auditor states that the Financial Statements do
as: "Subject to the above, we report that the not present a true and fair view of the state of affairs
Balance Sheet shows a true and fair view." and working results of the organisation.
iii. The accounts present a true and fair view The accounts do not present a true and fair view
subject to certain reservations. on the whole.
iv. A Qualification is made in the Audit Report An Adverse Report is given when the Auditor
when the Auditor has reservation on specific has his reservations on the true and fair view
item(s) of material nature. presented by the Financial Statements.
Q: Define CARO. State the Matters / Contents of Company Auditors Report Order.
CARO - COMPANIES (AUDITOR’S REPORT) ORDER, 2003 issued by the Central Government as per the power granted
under section 227(4A) of the Companies Act, 1956 is applicable to an auditor report submitted after 31st December
2003. Till date revised CARO in parallel to Companies Act, 2013 has not been come into the picture. Hence the existing
CARO, 2003 is applicable as of now.
According to 143, the auditor is required to report on certain matters only if he is not satisfied after his examination of
the accounts but after this new order, the auditor has to make a statement on each of the specified matters likewise in
case of Govt. companies, this order is in addition to the directions of the Comptroller and Auditor General in India.
This new order is applicable to every company except,
(a) Banking Company as defined u/s 5(c) of the Banking Regulation Act, 1949,
(b) Insurance Company as defined u/s 2(21) of the Companies Act, 1956, [Insurance Company has not been defined
under Companies ACT, 2013].
(c) Company licensed to operate u/s 8 of the Companies Act, 2013 and
(d) Private Limited Companies subject to the following condition Aggregate of Paid Up Capital and Reserves should not
exceed 50 Lakhs. Loan outstanding from any Bank or Financial Institution should not exceed 25 Lakhs. Turnover should
not exceed ` 5 crores.
The order is applicable to foreign Companies incorporated outside India but having a place of business
within India. The branches of the Companies liable to this order also come under the purview of this order.
Q: What is analytical procedure? State With the help of an example. State the circumstances
when an auditor relies on it.
Analytical procedures are evaluation techniques that involve analyzing plausible relationships among financial and non-
financial data for identifying potential misstatements or unusual fluctuations that require further investigation.
Example:
• Analyzing gross profit margin: An auditor might compare a company's current gross profit margin to its historical
margins, industry benchmarks, and any known changes in costs or pricing. Significant deviations could indicate
potential misstatements in revenue recognition or cost accounting.
Circumstances when auditors rely on analytical procedures:
1. Planning:
o Understanding the business and identifying areas of risk.
o Determining the nature, timing, and extent of other audit procedures.
2. Substantive procedures:
o Gathering evidence to support the fair presentation of financial statements.
o Testing for material misstatements in accounts and transactions.
3. Overall review:
o Assessing the overall reasonableness of financial statements.
o Identifying any unusual fluctuations or inconsistencies requiring further investigation.
Types of analytical procedures:
• Trend analysis: Examining changes in account balances or ratios over time.
• Ratio analysis: Comparing relationships between financial data items (e.g., current ratio, debt-to-equity ratio).
• Comparisons: Benchmarking against industry averages, prior periods, or expectations.
• Regression analysis: Using statistical techniques to model relationships between variables.
It's important to note that analytical procedures alone don't provide sufficient audit evidence. They need to be
combined with other audit procedures, such as testing of controls and substantive tests of details, to form a reliable
opinion on the financial statements.
Auditor cannot keep working papers solely by themselves: Audit working papers are considered the property of
the client, not the auditor. This is because they document the client's financial records and the audit engagement
performed by the auditor.
: While the client owns them, the auditor has the responsibility to safely store and maintain the working papers for a
specific period as per professional standards and legal requirements.
The client has the right to access and review the working papers, but may be subject to certain limitations under specific
circumstances, such as confidentiality agreements or ongoing legal proceedings.
audit working papers are crucial documents in the audit process, but their ownership and access are important
considerations to ensure transparency and accountability throughout the engagement.
Q: What are the consideration that an auditor keep in mind before commencing Audit?
Before commencing an audit, an auditor needs to consider several crucial factors to ensure a successful and efficient
engagement. Here's a breakdown of some key considerations:
1. Client and Engagement:
Client acceptance: Assess the client's financial health, reputation, and any potential risks associated with the
engagement. Engagement terms: Clearly define the scope of the audit, audit objectives, fees, and communication
protocols with management.
2. Planning and Risk Assessment:
Gain a thorough understanding of the client's industry, operations, internal controls, and accounting practices.
Identify and assess potential risks of material misstatements in the financial statements, considering inherent and
control risks. Develop a comprehensive audit plan that outlines the audit procedures to be performed, timing, and
personnel involved.
3. Internal Controls:
Assess the effectiveness of the client's internal controls over financial reporting to determine the level of reliance on
substantive procedures. Perform specific tests of key controls to assess their design and operating effectiveness.
4. Analytical Procedures:
Analyze trends and relationships within the financial data to identify potential areas of risk or unusual fluctuations.
Benchmark the client's financial performance against industry averages to identify any significant deviations.
5. Communication and Documentation:
Maintain open communication with management throughout the audit process, discussing findings, concerns, and
potential adjustments.