Monday, 8 November 2021

TYPES OF AUDIT AND THEIR LEGAL REQUIREMENT

 


 

 

 

PARTICULARS

LEGAL REQUIREMENT

FORENSIC AUDIT

By banks on loans and advances

1)     The RBI has mandated forensic audits for loan accounts above a particular exposure which have turned non- performing by issuing Master Directions on Frauds – Classification and Reporting by commercial banks and select FIs via Circular No. DBS.CO.CFMC.BC.No.1/23.04.001/2016-17 Dated July 01, 2016.

 

2)     SEBI in Schedule III, in Part A, under the Clause A, sub- clause 17 of SEBI LODR Regulations] has now mandated the following disclosures shall be made to the stock exchanges by listed entities:

a)     The fact of initiation of forensic audit along-with name of entity initiating the audit and reasons for the same, if available;

b)     Final forensic audit report (other than for forensic audit initiated by regulatory / enforcement agencies) on receipt by the listed entity along with comments of the management, if any.”

STATUTARY AUDIT/ EXTERNAL  AUDIT

For Private/Public Company

Section 139 to 147 of Companies Act, 2013 along with Companies (Audit & Auditors) Rules, 2014.

 

Mandatory: Irrespective of Turnover, profits etc., even in case of losses.

For LLP

Section 34(4) of LLP Act, 2008 and Rule 24(8) of LLP Rules, 2009.

 

LLP audit is mandatory where the turnover exceeds 40 lakhs in a F.Y. OR where the contribution exceeds 25 lakhs in a F.Y.


INTERNAL AUDIT

For listed company

Section 138 of Companies Act, 2013 and

Rule 13 of Companies (Accounts) Rules, 2014: Mandatory

For Unlisted public company

Section 138 of Companies Act, 2013 and

Rule 13 of Companies (Accounts) Rules, 2014.

 

If during the preceding F.Y. :

(i)    paid up share capital Rs. 50 crore or more, OR

(ii)    turnover Rs. 200 crore or more, OR

(iii)    O/s loans or borrowings from banks or public financial institutions exceeding Rs. 100 crore or more at any point of time; OR

(iv)     O/s deposits Rs. 25 crore or more at any point of time.

For Every Private company

If during the preceding F.Y.:

(i)    Turnover Rs. 200 crore or more OR

(ii)    O/s loans or borrowings from banks or public financial institutions exceeding Rs. 100 crore or more at any point of time.

TAX AUDIT

For Individual, HUF, Firm, Company, AOP & BOI, Local authority etc.

Section 44 AB of Income Tax Act, 1961.

 

Tax audit is mandatory where the turnover or gross receipts exceeds 1 crore (10 crores) in a P.Y. in case of business OR where the Gross receipts exceeds 50 lakhs in the P.Y. in case of profession.

COST AUDIT

For Companies

Section 148 of Companies Act, 2013 and Rule 3 & Rule 4 of Companies (Cost Records and Audit) Rules, 2014

 

Every company whose turnover exceeds 50 crores for regulated Sectors & 100 crores for Non-regulated sector during immediately preceding financial year.

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