AUDIT
Miscellaneous Topics
Issued By : Dr. Mahesh Gour
Chapter # 1
Audit under CIS Environment
2009
- Nov [6] Answer the following:
(a) The
role of an auditor in collecting audit evidences under EDP system is more
complex than under the manual system—Discuss. (8
marks)
Answer:
Collecting evidence
on the reliability of an EDP system is more complex than collecting on the
reliability of manual system. Auditors can be faced or confronted with and
sometimes complex range of EDP systems depending upon technology did not exist
in manual systems. For example, accurate and complete operation of required a
set of hardware controls not used in a manual system. Similarly, development
controls include procedures for testing programs that would not be found in the
development of manual system. Auditors must understand these if they are to be
able to collect evidence competently on the reliability of the controls.
Unfortunately,
understanding the changing technology is not easy. Hardware and continue to
evolve rapidly and although there is some time lag, the associated evolve
rapidly also. Auditors must keep upto-date with the developments if they to be
able to evaluate the reliability of accounting system.
The continuing
evolution of computer technology also makes it more difficult for auditors to
collect evidence on the reliability of controls. It may be impossible for auditors
to obtain the evidence using manual means. Thus auditors need EDP systems themselves
if they are to be able to collect the necessary evidence. The development of
generalised audit software occurred, for example, because auditors needed
access to data maintained on magnetic media. Similarly, new audit tools may be
required, in due course, to evaluate the controls.
2010- May [3] (d) IT systems also pose
specific risks to an entity's internal control? What are those risks?
(4
marks)
Answer:
Specific Risk to an
Entity’s internal Control: As per SA 315 “Identifying and Assessing the Risks
of Material Misstatement through Understanding the Entity and its Environment”,
IT system also poses specific risks to entity’s Internal Control. They are-
(i)
Reliance on systems or programs that are
inaccurately processing data, processing inaccurate data or both.
(ii)
Unauthorised access to data that may result in
destruction of data or improper changes to data, including ‘the recording of
unauthorized or non-existent' transactions, or inaccurate recording of
transactions. Particular risk may arise when multiple users access a common
database.
(iii)
The possibility of IT personnel gaining access
beyond those necessary to perform their assigned duties thereby breaking down
segregation of duties.
(iv)
Unauthorised changes to data in Master files
(v)
Unauthorised changes to systems or programs.
(vi)
Failure to make necessary changes to systems or
programs.
(vii)
In appropriate manual intervention
(viii)
Potential loss of data or inability to access
data as required.
2010- Nov [3] (c) Different types of
controls which operate over data/moving into, though and out of the computer.
Auditor is required to review such controls. Comment. (8
marks)
Answer:
The review process for controls in a computerized information system
(CIS) environment.
In a CIS environment
there are different types of control which operate over data moving into,
through and out of the computer. These are designed in such a way that the
correct, complete and reliable processing and storage is ensured. It is necessary
for the auditor to review such controls in order to get the correct result from
the data entered. The review process can be laid down as follows:
1.
Organisation
structure and control: The entity may have different functions under the
CIS environment. There will be Data Administrator who will formulate data
policies, plans the evaluation of the corporate data bases and maintain the data
documentation. The data base administrator will be responsible for operational
efficiency of the database, the system Analyst will manage the information
requirements for new and existing applications, and designs the information
system, the System programmer will maintain and enhance the Operating system
software, application programmer will design the Programme to meet the
information requirement, Operation Specialist plans and control day-to-day
operations, monitors and improves operational efficiency along with capacity
planning and Librarian maintains library of magnetic media and documentation.
The auditor will see that the responsibilities of each job position are clear
and that the person understands the duties, authority and responsibilities. The
duties have to be separated to ensure the internal control is established.
2.
Documentation
Control: The auditor has to see that there is proper and adequate documentation
for approval of system flowcharts Programme flowcharts, Programme changes,
operator’s instructions and programme description and the changes made in the
above are also documented and approved by the authorized persons.
3.
Access
Control: The auditor has to ensure the system prevents the persons who are
authorized for access from accessing restricted data and programme and also prevents
unauthorized persons gaining access to the system as a whole.
4.
Input
controls: The control in respect of input has to be effective to ensure
that only properly authorized and approved data goes in the input into the CIS
system. For validation of input controls the auditor can apply some procedures
like Check digit control, completeness totals control, reasonableness checks,
field checks, record checks, file checks etc.
5.
Processing
controls: These controls are must for integrity of data. Processing validation
checks should be applied.
6.
Recording
Controls: This is tor enabling the records to be kept free of errors.
7.
Storage
Controls: The data is the heart of the CIS system. Backup and recovery facilities
will ensure the proper data availability to the management.
8.
Output
controls: The data processed must go to the authorized person in the manner
it is required and for this purpose input controls are maintained. The auditor
is interested to know whether the audit trail relating to output is provided.
2011 - Nov [6] (c) You are a member of
an audit ream of B & C Associates, auditors of a Multinational Company YB
Co. Ltd. The company is working in CIS environment. The partner in charge of B
& C Associates asked you to draw out the audit plan for evaluating the
reliability of controls. (5
marks)
Answer:
Audit Plan for Evaluating the Reliability of Controls in CIS
Environment: In evaluating the effects of a control, the auditor needs to
assess the reliability by considering the various attributes of a control. Some
of the attributes for example are that the control is in place and is
functioning as desired, generality versus specificity of the control with
respect to the various types of errors and irregularities that might occur, general
control inhibit the effect of a wide variety of errors and irregularities as
they are more robust to change controls in the application sub-system which
tend to be specific control because component in these sub-system execute
activities having less variety, that whether the control acts to prevent,
detect or correct errors etc.
The auditor focuses
here on
1. Preventive controls: They stop errors or irregularities from
occurring.
2. Detective controls: They identify errors and irregularities
after they occur.
3. Corrective controls: They remove the effects of errors and
irregularities after they have been identified.
The auditors are
expected to see a higher density of preventive controls at the early stages of
processing or conversely they expect to see more detective and corrective
controls later in system processing.
Further, while
evaluating the reliability of controls. The auditor should:
(i)
Ensure that authorized, correct and complete
data is made available for processing;
(ii)
Provide for timely detection and correction of
errors.
(iii)
Ensure that the case of interruption in the work
of the CIS environment due to power, mechanical or processing failures, the
system restarts without distorting the completion of the entries and records;
(iv) Ensure
that accuracy and completeness of output;
(v)
Provide adequate date security against fire and
other calamities, wrong processing, frauds etc.
(vi) Ensure
that there is no unauthorized amendments to the program;
(vii) Provide
for safe custody of source code of application software and data files.
2012-May [6] (a) in the audit of K Ltd.
its auditor wants to use CAATs for performing various audit procedures. Guide
him as to what procedures can be performed using CAATs. (6
marks)
Answer:
Auditing procedures using CAATs: CAATs may be used in performing
various auditing procedures, as following:
1.
Tests of details of transactions and balances,
for example, the use of audit software for recalculating interest or the
extraction of invoices over a certain value from computer records;
2.
Analytical procedures, for example, identifying
inconsistencies or significant fluctuations;
3.
Tests of general controls, for example, testing
the set-up or configuration of the operating system or access procedures to the
program libraries or by using code comparison software to check that the
version of the program in use is the version approved by management;
4.
Sampling programs to extract data for audit
testing;
5.
Tests of application controls, for example,
testing the functioning of a programmed control; and
6.
He-performing calculations performed by the
entity’s accounting systems.
2011- May [4] (c) Z Ltd. has its entire
operations including accounting computerized. As the audit partner you are
concerned about inherent and control risk for material financial statement
assertions. What could be the areas you look forward for deficiencies and risk
identification? (4
marks)
Answer:
The auditor in
accordance with SA 315 “Identifying and Assessing the Risks of Material Misstatement
through Understanding the Entity and its Environment”, should make an assessment
of inherent and control risk for material financial statement assertions. In a
CIS environment the risk of a Material financial statement ascertain being erroneously
stated could arise from the deficiencies in the following case as
(i)
Program Development and maintenance.
(ii)
System Software supports.
(iii)
Operations including processing of data.
(iv) Physical
ClS security.
(v)
Control over access to specialized utility
program.
These deficiencies
would tend to have a negative impact on all application systems that are processed
through the computer.
2007- May [8] Write short notes on the
following:
Factors
to consider in determining the use of Computer Assisted Audit Techniques (CAATs).
(4 marks)
Answer:
In determining whether to use CAATs, the auditor should consider the
following factors:
1. Availability of sufficient IT knowledge and
expertise: It is essential that members of the audit team should possess
sufficient knowledge and experience to plan, execute and use the results of
CAAT. The audit team should have sufficient knowledge to plan; execute and use
the results of the particular CAAT adopted.
2. Availability of CAATs and Suitable Computer
facilities and data in Suitable format: The auditor may plan to use other
computer facilities when the use of CAATs on an entity’s computer is
uneconomical or impractical for example, because of an incompatibility between
the auditor‘s package programme and entity’s computer.
3. lmpracticability of manual Tests due to
lack of evidence: Some audit procedures may not be possible to perform
manually because they rely on complex processing (for example, advanced
statistical analysis) or involve, amounts of data that would overwhelem any
manual procedure.
4. Impact on effectiveness and Efficiency in
extracting data: It includes selection of samples, applying analytical
procedures, time involved in application of CAAT, etc.
5. Time Constraints in certain data: Such
as transaction details, are often kept for a short time and may not be
available in machine-readable form by the time auditor wants them. Thus, the
auditor will need to make arrangements for the retention of data required, or
may need to alter the timing of the work that requires such data.
2000-Nov [3] (a) What is an Audit
Trail? Briefly describe the special audit techniques sing the computer as an
audit tool. (8 marks)
Answer:
Audit Trail: Audit trail refers to the facility to trace individual
transactions through a system from source to completion. In the manual system
of accounting, the audit trail is distinct and can be followed by the auditor
through the distinct stages of accounting process. A proper audit trail ensures
audit checking for proper processing and accumulation of data. However in
computerized system audit trail is often missing or is sketchy. This is due to
following reasons.
(i)
Source documents once transcribed in machine
readable form are not retained in a manner that permits subsequent access.
(ii)
Master files may replace ledger summaries
(iii)
Transaction listing is often not provided.
(iv)
Reports may be only on exceptions.
Special Audit Techniques: In the absence of audit trail, the
auditor needs the assurance that the programmes are functioning correctly in
respect of specific items by using special audit techniques the absence of
input documents or lack of visible audit trail may require the use of computer
Assisted Audit techniques i.e using the computer as an Audit tool. The
effectiveness and efficiency of auditing procedures may enhanced through the
use of CAATs. Two common types of CAATs are in vogue, VlZ.. Test packs or test
data and audit software or computer audit programmes. Normally special audit techniques
may be used under the following circumstances.
(a) To ensure the
correct functioning of important programme controls;
(b) To overcome
losses of audit trail.
(c) To reduce audit
costs or increase the efficiency of the audit.
The most common
types of CAATs used for audit purposes are discussed as follows:
(i)
Audit
software: It consists of computer programs used by the auditor as a part of
his audit procedures to process data of audit significance it may consists of:
(a) Package Programs: These are generalised
computer programs designed to perform data processing function which includes
reading computer files, selecting information performing calculations, creating
data files & printing reports in the format as specified by the auditor.
(b) Purpose written programs: These are
computer programs designed to perform audit tasks in specific circumstances.
(c) Utility programs: These are used by the
organisation to perform common data processing functions such as sorting
creating and printing files.
(ii) Test Data: Test data techniques are
used in conducting audit procedures by entering ‘data into the computer system
of the organization and comparing the results obtained with predetermined
results when test data is processed with the organisations normal processing the auditor
should ensure that the test transactions are subsequently eliminated from
accounting records of the organisations.
2001- Nov [5] (b) "On-line real time
processing system and batch processing system are their inherent strengths and
weaknesses." Please comment. (8
marks)
Answer:
On-line computer
systems are computer systems that enable users to access data and programmes
directly through terminal devices. Such systems may comprise mainframe computers,
minicomputers or a network of connected PCs. When the entity uses an on-line
computer system, the technology is likely to be complex and linked with the
entity's strategic business plans. On-line computer systems may be classified
according to how information is entered into the system, how it is processed
and when the results are available to the user. In an on-line real-time
processing system, individual transactions are entered atterminal devices,
validated and used to update related computer files immediately. For example,
application of cash receipts directly to customer’s accounts. The results of
such processing are then available immediately for inquiries or reports. In an
on-line real-time (OLRT) processing system, transactions are entered as they occur
and are processed as they are entered. These systems form the heart of management
information systems.
In a system with
on-line Batch Processing, individual transactions are entered at a terminal
device, subjected to certain validation checks and added to a transaction tile that
contains other transactions entered during the period. Later, during a
subsequent processing cycle, the transaction file may be validated further and
then used to update the relevant master - file. For example journal entries may
be entered and validated on-line and kept on a transaction file, with the
general ledger master file being updated on monthly basics. Inquiries of or
reports generated from, the master file will not include transactions entered
after the last master - file update.
In a batch
processing system which is not on-line, transactions are accumulated and
processed in group sales orders for the day, invoices to be recorded and daily
cash receipts might each be viewed as a “batch? Of transactions, to be
processed as a group. Batch processing systems are distinguished by their
relative simplicity and reliability. But they do not possess the potential for
providing timely information concerning the tiles updated by transactions
processing. Batch processing systems are rarely found in today’s systems
environment.
OLRT systems are
more complex than batch processing systems. Moreover, they ordinarily do not
provide the extent of audit trail documentation produced by batch system and
for this they are more difficult in terms of obtaining satisfaction concerning the
existence of necessary controls, and of designing substantive testing
procedures.
Conversely, in batch
processing system, the transactions are accumulated and processed in batches or
groups. Control totals, both monetary and documentary, are also available for
review to ensure completeness and accuracy of data being processed the system
is simple and ‘reliable. However, its deficiency lies in the MlS is not updated
on a concurrent basis and-therefore, information is not available on a timely
basis. Accordingly, It is a question of cost-benefit analysis as to which
system will be-more preferable to an entity.
2002-May [7] Indicate the control
procedures which the auditor should adopt in applying CAAT (Computer Assisted
Audit Technique) in an audit under EDP environment. (16
marks)
Answer:
Controlling the CAAT Application: The use of a CAAT should be
controlled by the auditor to provide reasonable detailed specifications of the
CAAT have been met and that the CAAT is not improperly manipulated by the entity
staff. The specific procedures necessary to control the use of a CAAT will
depend on the particular application in establishing audit control which require
the auditor should consider the need to:
(a) Approve the technical
specifications and carry out a technical review of the work involving the use
of CAAT.
(b) Review the entity’s general IT
controls which may contribute to the integrity of CAAT.
(c) Ensure appropriate integration of
the output by the auditor into the audit process.
Procedures
Carried out by the Auditor to Control Audit Software Application:
(i)
Participating in the design and testing of the
computer programmes.
(ii)
Checking the coding of the programme to ensure
that it conforms with detailed programme specifications.
(iii)
Requesting the entity’s Computer staff to review
the operating system instructions to ensure that the software will run in the.
entity’s computer installation.
(iv)
Obtaining evidence that the audit software
functioned as planned, for e.g. returning output and control information.
(v)
Running the audit software on small test files
before running on the main data files.
(vi)
Ensuring that the correct files are used.
(vii)
Establishing appropriate security measures to
safeguard against manipulations of the entity’s data files.
The presence of the auditor is not
necessarily required at the computer facility during the running of a CAAT to
ensure appropriate control procedures. However, it may provide practical
advantages, such as being able to control distribution of the output and ensuring
the timely corrections of errors.
Procedures carried out by the Auditor
to control test Data Applications
(i)
Controlling the Sequence of submissions of test
data where it spans several processing cycles.
(ii)
Predicting the results of the test data and
comparing it with the actual test data output, for the individual transactions
and in total.
(iii)
Performing test runs containing small amounts of
test data before submitting the main audit test data.
(iv)
Confirming that the answered version of the
programmes used to process the test data.
(v)
Obtaining reasonable assurance that the
programmes used to process the test data.
When using a CAAT,
the auditor may require the co-operation of the entity’s staff who have
extensive knowledge of the computer installation. In such cases, auditor should
have reasonable assurance that the entity’s staff did not improperly influence
the results of the CAAT. Finally, the standard of working papers and retention
procedures for a CAAT should be consistent with that on the audit as a whole,
It may be convenient to keep the technical papers relating to the use of the
CAAT separate from the other audit working papers. The working papers should
contain sufficient documentation to describe CAAT application.
2002- Nov [5] Answer the following:
(b) Discuss
some problems that will be encountered in an EDP system in implementation of
internal control.
(10
marks)
Answer:
The internal control
over computer processing which help to achieve the overall objectives of
internal control, include both manual procedures and procedures designed into
computer programs. Such manual and computer control procedures comprise the overall
controls affecting the EDP Environment and specific controls over the accounting
applications (EDP application controls).
The following problems normally arise
in implementation of internal control in an EDP system.
(i)
Separation
of duties: In a manual system. Separate individuals are responsible for
initiating transactions, recording transactions and custody of assets. Due to
automation in the system, such controls are not possible in computer system.
(ii) Delegation of Authority and Responsibility:
Due to use of resources by multiple users. It becomes difficult to delegate
authority and responsibility in a precise manner. For example, as many users
access the database, it may not be possible to trace the person making
unauthorized changes in it.
(iii) Competent and Trustworthy Persons:
Organisation finds it difficult to find and retain competent and trustworthy
personnel to take charge of their EDP setup. However, getting competent and
trustworthy personal as well as trained and experienced people in this field is
in short supply.
(iv) System of Authorisation: As against the
manual system automation of the authorization procedure is an important feature
of EDP system. For example, the computer system may determine the price to be
charged to customers. Thus the auditor has to verify the veracity of computer
processing.
(v) Adequate documents & Records: In
computer systems documents may not be used to support the initiation,
execution, and recording of some transactions. Thus, no visible audit trail may
be available. This absence of visible audit trail will not hinder the auditors
work if systems are designed to maintain a record of all events and means of
accessing these records.
(vi) Physical control over assets and records:
As the data processing assets and records are concentrated at a place, the risk
of loss and unauthorized access is high. Hence it is important that a good EDP
environment restricts access to the data processing assets and records.
(vii) Adequate Management Supervision: In the
computer system, data communication may be used to enable the employees to be closer
to the computer service. Thus supervision of employees may have to be carried
out remotely.
(viii) Comparing records with Physical assets:
Unlike in manual system, the records may be automatically reconciled with
assets. Thus. Unauthorized modification to programs or data files that these
programs use, may be difficult to detect. Therefore care must be taken that
there is no unauthorized modifications to this programs or to any of the data
files database programs use otherwise the irregularity may not be discovered.
2004 May [4] (a) State the important
characteristics of an effective computer audit program system. (8 marks)
Answer:
Characteristics of an Effective Computer Audit Program System:
Computer audit program developed for general purposes shall have to customised
according to the needs of the organisation. However an examination of following
features is necessary to ensure that it is effective:
1. Simplicity: The system should be simple
to use and eliminate the need for remembering countless details normally
required in writing or revising computer programs.
2. Understandability: The system should be
understandable by the members of the audit staff, even those with little
computer expertise. The capabilities of the system should be known and it
should be easy to use. Coding forms provided should not be difficult to
understand.
3. Adaptability: The system should be
capable of writing computer audit programs for the various types of computers
used in the company or expected to be acquired. Thus the package will be usable
if the equipment is changed in the future.
4. Vendor technical support: In
considering the types of package to be acquired, it is important that the
vendor provides adequate support. This includes assisting in the initial
installation and providing adequate documentation, in addition, training provided
for the audit staff is important.
5. Statistical sampling Capability:
Statistical sampling is an important Application in auditing; the package
should be able to perform the various statistical routines. This should include
the selection of items on a random basis, determination of sample size, and
evaluation of results at different confidence levels.
6. Acceptability: The system should be
acceptable to both the auditors and to Computer centers. For the auditors the
programs should be easily carried to the site and practical to use. For the
computer centre the programs should be compatible with the system and capable
of minimum interference with normal routines.
7. Processing Capabilities: The package
should be able to process many different types of application. For example, it
should accept all common file media and process multiple file input. It should
have the capability for extended data selection and stratification. It should
have powerful, generalized audit commands.
8. Report writing: The package should have a strong report
writing function. This should include the ability to prepare multiple reports
in a single program run and to generate flexible output report formats.
2004-Nov [5] Explain Tagging and
Tracing. (4
Marks)
Answer:
Tagging and Tracing: It is a technique
better than integrated Test Data Facility. It involves tagging the client’s
input data in such a way that relevant information is displayed at key points.
It uses the actual data, and so the question of elimination of ‘special
entries’ test data designed under Integrated Test Data Facility does not arise.
The hard copy, so produced is available only to the auditor and may describe such
inputs as hours worked in a pay period in excess of 50; or sales orders processed
in excess of Rs. 1,00,000. This enables the auditor to examine transactions at
the intermediate steps in processing. The advantage of the tagging and tracing approach
lies in the use of actual data and elimination of the need for reversing journal
entries. The disadvantage is that the erroneous data wilt not necessary be
tagged. An effective combination approach may be to use the lTF approach
(integrated test facility) for a few hypothetical transactions and the tagging
and tracing approach to follow line data through a complex system.
Chapter#2 Corporate
Governance and Clause 49
CORPORATE GOVERNANCE-MEANING
·
Corporate governance is the system by which companies
are directed and controlled by management in the best interest of shareholders
and others.
·
The BOD are responsible for governance of their
companies.
·
A number of reports and codes of corporate
governance has been published internationally.
·
SEBI also has introduced clause 49 in the
“Listing Agreement” entered between a stock exchange and a company who desires
to list its securities on stock exchange.
·
As per this clause, if a company desires to list
its securities on a stock exchange, then it has to agree and implement the code
of corporate governance.
·
The company is also required to obtain a certificate
from the auditor/ practicing company secretary as regard compliance of the
conditions of corporate governance as given in this clause.
·
The various items of this clause are:
o
Composition of BOD
o
Setting up of audit committee
o
Remuneration of directors
o
Meeting of BOD, etc.
CONTENTS OF CLAUSE 49 OF LISTING AGREEMENT
(Corporate Governance)
1. Board of Directors
|
(a) The
Board of Directors shall have an optimum combination of executive and
non-executive directors with not less than fifty percent of the Board of
Directors comprising of non-executive directors.
(b) At
least half of the Board should comprise of independent directors.
It is very much
clear that the overall shift is on comprising the Board with independent
person, who can take unbiased decisions for the welfare of the stakeholders.
|
|
|
Who is an Independent Director?
|
It shall mean a non-executive director of the company who-
(i)
apart from receiving director’s remuneration,
does not have any material pecuniary relationship or transactions with the
company, its promoters, its directors, its senior management or its holding
company, its subsidiary/(s) and associates which may affect independence of the director;
(ii)
is not related to promoters or persons
occupying management positions at the
Board level or at one level below the Board;
(iii)
has not been an executive of the company in
the immediately preceding three
financial year;
(iv)
is not a partner or an executive or was not
partner or an executive during the preceding three years, of any of the
following:
·
the statutory audit firm or the internal audit
firm that is associated with the company, and
·
I the legal firm(s) and consulting firm(s)
that have a material association with the company.
(v)
Is not a material supplier, service provider
or customer or lesser/ lessee of company.
(vi)
Is not a substantial shareholder of the
company, i.e. owing two percent or more of the block of voting shares.
|
2. Audit Committee
|
· Minimum
3 members (any director) with 2/3 independent.
· All
members financially literate & at least one director having expertise in
accounts/financial management.
· Chairman
should be an independent director.
· Minimum
number of meetings in a year is FOUR. One meeting should be held before
finalisation of Accounts. Maximum gap between 2 meetings is FOUR months.
· Quorum
· Company
secretary of the company shall act as secretary of Audit committee.
· Audit
committee should invite financial executive of the company in its meeting.
However, they can meet without his presence too.
· Audit
committee:
Will maintain liaison with the company
& auditor. It shall consider:
(a)
Matters to be included in director’s responsibility statement.
(b)
Functioning of whistle blower mechanism (if any).
(c)
Performance of statutory / internal auditors.
·
Audit committee shall review on mandatory
basis:
(a)
Management discussion & analysis of financial statements.
(b)
Statement of significant related party transaction.
(c)
Management letter / letters of internal control weaknesses issued by statutory
auditors.
(d)
Internal audit reports relating to internal control weaknesses.
·
Appointment / Removal / Terms of remuneration
of chief internal auditor.
|
|
3. Remuneration
|
(i)
Remuneration of non-ED is decided by BOD,‘
after obtaining prior approval of shareholders.
(ii)
However, sitting fee as per The Companies Act,
paid to non-ED doesn’t require previous approval of shareholders.
(iii)
If stock option is given to non-ED, limit for
maximum number to be granted to non-ED in one Financial Year & in
aggregate is to be disclosed along with disclosure of elements of
remuneration package, details of incentives & service contract in the
annual report.
|
|
4. Board Procedures
|
(i)
Meeting shall be held at least 4 times in a
year with maximum gap 4 months between two meetings.
(ii)
Code of conduct for Board / Senior management
shall be laid by B(Z)D. It shall be posted on the website of the Company.
(iii)
A director not to be a member in more than l0
committees or chairman in more than 5 committees across all companies in
which he is a director.(Committee for this purpose includes audit committee
and shareholders redressing committee)
|
|
5. Regarding Shareholder
|
(i)
In case of Appointment / re-appointment of a
director, shareholders must be provided with its brief resume, nature of his
expertise & names of companies in which he holds directorship.
(ii)
Information like quarterly results to be put
on companies web site or on site of Stock Exchange.
(iii)
Board committee under chairmanship of non-E.D
to look into redressing of shareholders & investors complaints.
(iv)
To expedite the process of share transfer,
this work is to be delegated to an officer or share transfer agent.
|
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6. Subsidiary Company
|
(i)
At least one independent director of holding
company shall be a director in material non-listed Indian subsidiary company
(whose turnover / net worth exceeds 20% of consolidated turnover / net worth
of holding and its subsidiary in immediately preceding accounting year).
(ii)
Audit committee of holding shall review the
financial statement (particularly investment) by material non-listed Indian
subsidiary company.
(iii)
Minutes of Board meeting of material
non-listed Indian subsidiary company to be placed at board meeting of holding
company.
|
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7. CEO /CFO Certification
|
The CEO or the CFO or any other person heading the finance function
discharging that function shall certify to the Board that:
(a) They
have reviewed financial statements and the cash flow statement for the year
and that to the best of their knowledge and belief:
· These
statements do not contain any materially untrue statement or omit any
material fact.
· These
statements together present a true and fair view of the company’s affairs.
(b) There
are no transactions entered that are fraudulent, illegal and violative of the
company s code of conduct.
(c) They
accept responsibility for establishing and maintaining internal controls
w.r.t. financial reporting.
(d) They
have indicated to the auditors and the Audit committee:
· Significant
changes in internal control during the year;
· Significant
changes in accounting policies during the year.
· Instances
of significant fraud.
|
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8. Report on Corporate
Governance
|
There shall be separate section on Corporate Governance in the Annual
Reports of company with a detailed compliance report on Corporate Governance.
|
|
9. Compliance
|
The company shall obtain a certificate either from the auditors or
practicing company secretaries regarding compliance of conditions of
corporate governance.
|
Chapter#3 Bank
Audit
AUDIT OF COMPLIANCE WITH SLR REQUIREMENT
Meaning
|
· Statutory
Central Auditor to verify compliance with SLR requirements on l2 odd dates in
different months of a financial year not being Fridays.
· Report
to Management and RBI.
· Examination of
2 Aspects
(i)
Correctness of figures of DTL (Demand &
Time Liabilities) on reporting Friday (last Friday of second preceding
fortnight). and
(ii)
Maintenance of liquid asset on selected date.
|
Steps
|
· See
circulars of RBI regarding composition of DTL
· Provision
for Expenses and Liabilities not to be included in DTL
· It
is examination on test basis consolidation regarding DTL position already
prepared by the Bank
· Review
Return from un-audited branches
· Branch
auditor to verify correctness of cash on 12 odd dates (Branch do not maintain
assets / securities)
· Verify
computation of liquid Assets and following are treated as cash :
(a) Deposits
with RBI by Banking Company incorporated outside India.
(b) Cash/Balance
by Banking Companies with itself or with RBI.
(c) Balance
maintained by Scheduled Bank with RBI in excess of balance required to be
maintained.
(d) Net
Balance in current account in India by Scheduled Bank.
(e) Balance
by RRB with Sponsor Bank.
· Price
of gold shouldn’t exceed current market price.
· Verify
amount of unencumbered approved security.
· Number
of unaudited branch and reliance on returns, etc. to be disclosed by central
|
CONCURRENT
AUDIT
“Audit or verification of
transactions or activities of an organization concurrently as the transaction
or activity takes place.”
1. It
is early warning system for timely detection of irregularities
2. It
is done on regular Basis.
3. Mandatory
for Banks to cover at least: -
·
50% of total deposits &
·
50% of total advances
4. Following
should be considered:
·
Large / very Large branches y
·
Special branches
·
Large problem branches
·
H.O. department dealing with treasury/funds
management & handling Investment Portfolio
·
Any other branch/department at discretion of
bank
5. It
can be undertaken by internal inspection staff or independent C.A.
|
|||
Scope of Concurrent Audit
|
Cash
|
· Any
abnormal receipts and payments
· Proper
accounting of cash remittances
· Proper
accounting of cash receipts
· Expenses
by cash involving sizeable amount.
|
|
|
Investment
|
· Purchase
and sale of securities within its delegated power.
· Securities
held in the books of the branch are physically held by it.
· Investments
are as per RBI’s guidelines.
· Sale
or purchase transactions are done at beneficial rates.
|
|
|
Deposit
|
· Check
the transactions about deposits received and repaid.
· Test
check of interest paid on deposits.
· Check
new accounts opened.
|
|
|
Advance
|
· Ensure
that loans and advances have been sanctioned properly.
· Whether
the sanctions are as per delegated authority.
· Securities
and documents have been received and properly charged.
· Post
disbursement supervision and follow-up is proper or not.
· Whether
the letters of credit issued by the branch are within the delegated power.
· Check
the bank guarantees issued.
· Proper
follow-up of overdue bills of exchange.
· Verify
classification of advances.
· Verify
that instances of exceeding ‘delegated powers have been promptly reported to
controlling / Head Office.
|
|
|
Foreign
Exchange
|
· Check
foreign bills
· Whether
inward/outward remittance have been properly accounted for.
· Check
extension and cancellation of forward contracts for purchase and sale of
foreign currency.
· Ensure
that balances in Nostro accounts in different foreign currencies are within
the limit.
· Ensure
adherence to the guidelines issued by RBI.
· Ensure
verification/reconciliation of Nostro and Vostro account.
|
|
|
Housekeeping
|
· Ensure
that the branch gives proper compliance to the internal inspection/audit
reports.
· Customer’s
complaints are dealt with promptly.
· Verification
of statements, returns, statutory returns.
|
|
|
Other Items
|
· Ensure
maintenance and balancing of accounts.
· Carry
out a test check of calculations of interest, discount, commission and
exchange.
· Check
the transactions of staff accounts.
· Detection
and prevention of revenue leakage.
· Check
cheques returned/bills returned.
|
|
|
Objective
|
Its objective is to see whether transactions or
decisions are within the policy parameters laid down by H.O., they don’t
violate instructions of RBI & they are within authority.
|
|
|
Remuneration of auditor
|
It is fixed by bank.
|
|
|
Irregularities
|
Minor irregularities to be rectified on the spot. Serious
irregularities reported to H.O. /Z.O.
|
|
|
Reporting
|
Proper reporting
& at proper interval. Reported on 10th of next month/quarter
but flash report can be submitted immediately. Normally, the audit report
should be divided in three parts. The first part should deal with major
irregularities. The second part should deal with minor irregularities which
have not been attended during the course of audit. The last part should deal
with compliance with earlier reports. Before submission of the report the
auditor should discuss the important issues on which he wishes to report with
the branch manager and concerned officers.
|
NORMS FOR INVESTMENT
Basics
|
· Banks
should frame suitable Investment policy.
· Classification
of Investment
> Held to maturity
> Available for Sale
> Held for Trading
· Disclosure
in account is same as present 6 categories.
|
Held to Maturity
|
· Intention
Basis.
· HTM
· Following
not to be ‘Covered /Counted for 25%
> Re-capitalisation Bonds from govt. of
India.
> Investment in subsidiary & Joint
Venture.
>Investment in Debenture/Bonds if
deemed to be in nature of advance i.e.
o If
issued for project finance (3 Yrs. or more)
Or
o
If
issued for working capital finance (less than l yr.)
and
o
Banks stake is
and
o Issue
is part of private placement.
· Profit
on sale of such Investment is to be taken to P&L account & thereafter
to Capital Reserve account. Loss to P & L account.
· Carried
at acquisition cost. If acquisition Cost is more than face value there
amortise the premium. Recognise permanent diminution.
|
Held for trading
|
(i)
Transfer to IFR as appropriation to net Profit
“below line” after statutory Reserve.
(ii)
Intention to trade for short term
price/Interest rate gain to be sold within 90 Days
(iii)
Profit or loss on sale to P&L account
(iv)
Marked to Market at Monthly/Frequent
intervals.
|
Available for sale
|
(i)
If not in above 2 categories.
(ii)
Profit or Loss on sale to P/L A/c.
(iii)
Valuation
(iv)
Fall in value to be provided (appreciation
ignored for this purpose) Debit to P&L A/c & equivalent amount to be
transferred from Investment Fluctuation Reserve account to P&L account.
|
Investment fluctuation reserve
(IFR)
|
(i)
Banks are required to create IFR at minimum 5%
of investment within 5 years (only w.r.t. held for trading and available for
sale) and Maximum upto 10% of Portfolio(only w.r.t held for trading and
available for sale)
(ii)
Transfer maximum amount of gains realised on
sale of Investment in Securities to Investment Fluctuation Reserve(IFR).
(iii)
IFR is eligible for inclusion in Tier-2
Capital.
(iv)
Transfer to IFR as appropriation o net profit
“below line” after statutory Reserve.
|
Shifting among categories of I
|
(i)
To/from HTM
(ii)
From AFS to HFT
(iii)
From HFT to AFS
(iv)
Transfer at acquisition Cost / Book value /
Market value on date of Transfer (whichever is least).
|
Income Recognition on I
|
(i)
Accrual Basis on securities, if guaranteed by
Central govt.
(ii)
Otherwise, if owners right is established.
(iii)
From mutual funds, on cash Basis.
|
Broken period Interest
|
Banks not to capitalize BPI paid to seller as
part of cost but treat as expenses in P & L account.
|
SOME IMPORTANT MATTERS TO BE CONSIDERED BY
AUDITOR
Draft paid without advice
|
· Correctness
and completeness of draft
· Co-relate
the drafts with advice subsequently received
· Systems
of sending reminders within reasonable time.
· Record
of names / address of payees.
|
Principal enactments governing
Bank Audit
|
· Banking
Regulation Act.
· Banking
Company Act.
· State
Bank of India Act
· SBI
(Subsidiary) Act
· Regional
Rural Bank Act.
· Companies
Act
· Co-operative
Societies Act
|
Vostro and Nostro A/c.
|
·
Forex account maintained by Indian Bank at
other overseas centers in NOSTRO.
·
VOSTRO is opposite of NOSTRO, i.e. foreign
Bank in another country maintain Indian rupees with their Indian
correspondent local banks. E.g. German Bank maintaining VOSTRO in rupees with
Indian Bank.
·
Check the reconciliation.
·
Check Internal controls w.r.t. inward/outward
messages
·
Balance confirmation certificate to be
received, from such another bank.
|
Verification of Bills
Purchased and Discounted
|
·
These are shown separately in the balance
sheet as a part of ‘advances’.
·
Under the head ‘advances outside India’ in the
balance sheet, bills purchased and discounted outside India have to be shown
separately.
·
Auditor should examine bills purchased and
discounted registers.
·
Check whether all the outstanding bills have
been taken in the balance sheet
·
Check all the details of bills.
·
Whether the total of outstanding bills of each
party is not in excess of the sanctioned limit
·
Ensure that bills purchased and discounted are
in accordance with the agreements.
·
Check that the bills are not overdue.
·
The auditor should also examine bills
collected subsequent to the year-end to obtain assurance regarding
completeness and validity of the recorded bill amounts.
·
Check accounting treatment by bank in case of
dishonored bills.
|
Credit Card Operations
|
·
There should be a system to examine
creditworthiness of applicant.
·
Strict control over storage and issue of
credit cards should be ensured.
·
The on line real time system should be
properly installed, so that merchant confirms the unutilized balance of the
customer With the bank before accepting payment.
·
There should be prompt reporting by the
merchants of all settlements accepted by them through credit cards. L
·
Customer's account should be immediately
debited with the reimbursements.
·
There should be adequate follow up of items
overdue beyond a reasonable period.
·
In case of delayed payments, interest should
be charged.
|
Inter-office operations
|
·
These are generally sub-divided into segments
or specific areas, e.g. Demand Drafts Paid, Inter-branch Remittances.
·
Special attention should be paid to the origin
and validity of old outstanding unmatched entries, particularly debit
entries.
·
Examine any reversal entries indicating the
possibility of irregular payments or frauds.
·
Examine any items in the nature of
cash-in-transit remaining pending for more than a reasonable period.
·
Whether transactions other than those relating
to inter-branch transactions have been included in inter-branch accounts.
·
Seek confirmation from the third party (other
branch).
|
Non-Banking Assets acquired in
Satisfaction of claims
|
·
It includes those immovable
properties/tangible assets which the bank has acquired in satisfaction of
debts due.
·
These items are held with the intention of
being disposed of.
·
A banking company is prohibited from holding
any immovable property, except such as is required for its own use, for any
period exceeding seven years from the date of acquisition.
·
Auditor should verify relevant documentary
evidence, e.g. terms of settlement with the party.
·
Verify whether ownership of the property has legally
vested in the bank.
|
Contingent liabilities
including Bills for collection
|
Presentation
|
· Claims
against the bank not acknowledged as debts.
· Liability
for partly paid investments.
· Liability
on account of outstanding forward exchange contracts
· Guarantees
given on behalf of constituents:
> In India
> Outside India
· Acceptances,
endorsements and other obligations.
· Other
items for which the bank is contingently liable.
· Bills
for Collection
|
|
Audit procedures
|
Following should be considered:
· Ascertain
whether there are adequate internal controls.
· Whether
there are proper records regarding bills for collection.
· Whether
contingent liabilities are properly identified and recorded (take expert
advice).
· Establish
the completeness of the recorded obligations.
· Review
the reasonableness of the l year-end amount of contingent liabilities.
· Obtain
MRL that all contingent liabilities have been disclosed.
· Verify
that the provisions of AS29 ‘Provisions, contingent liabilities and
contingent assets have been complied with.
|
PRUDENTIAL NORMS-RECENT RBI CHANGES
Non-Performing Assets
|
Term Loan
|
A Term Loan where interest and/or installment of
principal remain overdue for a period of more than 90 days will be treated as
NPA. Thus an amount which falls due on 3lst December, 2012 will be 90 days
old, if unpaid, as on 3lst March, 2013. The requirement is that the overdue
period should be more than 90 days. Therefore, such an amount need not be
classified as NPA. Any amount which had become payable before 3lst of
December, 2012 will be NPA as at 3lst of March, 2013 if it remains unpaid.
|
|
Overdraft/Cash Credit
|
An Overdraft/ Cash Credit will become NPA as at
31st March, 2013 under the following circumstances:
(a) If
the outstanding balance remains continuously in excess of the sanctioned
limit or the drawing power, or
(b) lf
there are no credits continuously for 90 days as on the balance sheet date or
the credits are not enough to cover the interest debited during the same
period.
The period from 1st January, 2013 to
31st March, 2013 is of 90 days. Hence, the above two requirements
will have to be tested for this period of 90 days to determine whether the
account becomes NPA or not as on 31st March, 2013.
|
|
Bills Purchased and Discounted
|
If the bills remain overdue for a period of more
than 90 days then such bills would be classified as NPA. As mentioned before,
the bills purchased and discounted before 31st December, 2012, if unpaid as
at 31st March, 20l3 will be treated as NPA.
|
|
Agricultural Advance
|
(a) With
effect from September, 30, 2004 a loan granted for short duration crops will
be treated as NPA, if the installment of principal or interest thereon
remains overdue for two crop seasons. A loan granted for long duration crops
will be treated as NPA. if the installments of principal or interest thereon
remains overdue for one crop season.
(b) For
the purpose of these guidelines, “Long duration” crops would be crops with
crop season longer than one year and crops, which are not “long duration” crops,
would be treated as “Short duration” crops.
|
|
Any other credit facility
|
In case of any other credit facility, if the
amount to be received remains overdue for a period of more than 90 days then
such a facility will be classified as NPA. As discussed before, if such an
amount was due before 31st of December, 2012, then it shall become
NPA as at 31st March, 2013.
Any amount due to the bank under any credit facility is said to be
overdue if it is not paid on the due date fixed by the bank.
|
Income Recognition
|
·
In case
of a NPA, the interest is recognized when it is actually received and not
merely on accrual basis.
·
The above general rule, however, does not
apply in case of advances against term deposits. NSCs, IVPs, KVPs and Life
Policies provided adequate margin is available.
·
If the Government guaranteed advances become
NPA, the interest on such advances should not be taken to income account
unless the interest they been realized.
·
An advance which becomes NPA during the
financial year 2012-13, interest accrued and credited to income account has
to be revised or provided for if the same is not realized. This applies to
Government guaranteed accounts also.
·
The RBI has in recent past advised the banks
to adopt an accounting principle and exercise the right of appropriation of
recoveries in a uniform and consistent manner.
|
|
Asset Classification
|
The banks are required to classify non-performing assets further into
the following three categories based on the period for which the asset has
remained non-performing and the realizability of the dues:
(a) Sub-standard Assets
(b) Doubtful Assets
(c) Loss Assets
|
|
|
Sub-standard Assets
|
Substandard Asset would be one, which has remained NPA for a period
less than or equal to l2 months.
|
|
Doubtful Assets
|
If it remained in the sub-standard category for l2 months.
|
|
Loss Assets
|
A loss assets is one where loss has been
identified by the bank or internal or external auditors or the RBI inspection
but the amount has not been written off wholly. In other words, such an asset
is considered uncollectible and of such little value that its continuances as
bankable assets is not warranted although there may be some salvage or
recovery value.
|
|
Accounts with temporary
deficiency
|
(a) The
classification of an asset as NPA should be based on the record of recovery.
An account need not be classified as NPA merely due to the existence of ‘some
deficiencies which are temporary in nature such as non-availability of
adequate drawing power based on the latest available stock statement, balance
outstanding exceeding the limit temporarily, non submission of stock
statements and non-renewal of the limits on due date etc. However, the
outstanding in the account based on drawing power calculated from stock
statements older than three months would be deemed as irregular. lf such
irregular drawings are permitted in the account for a continuous period of 90
days will render the account NPA, even though the unit may be working or the
borrowers financial position is satisfactory.
(b) Regular
and ad hoc credit limits need to be reviewed/ regularized not later than
three months from the due date / date of ad hoc sanction. In case of
constraints such as non-availability of financial statements and other data
from the borrowers. the auditor should verify whether the show that renewal/
review of credit limit is already on and would be completed soon. Delay
beyond six months is not considered desirable as a matter of general
discipline. Hence account where the regular/Ad hoc credit limit has not been
reviewed/ renewed within l80 days from the due date/ date of ad hoc sanction
will be treated as NP.
|
Provision Norms
|
In conformity with the prudential norms,
provisions are required to be made on the
non-performing assets on the basis of
classification of assets into prescribed categories. Taking into account the
time lag between an account becoming doubtful of recovery, its recognition as
such, the realisation of the security and the erosion over time in the value
of security charged to the bank, the banks have to make provision against
substandard assets, doubtful assets and loss assets as below:
|
|
|
Loss Assets
|
The entire asset has to be written off. If the
assets are permitted to remain in the books for any reason, 100 percent of
the outstanding need be provided for.
|
|
Doubtful Assets
|
(i)
I00 percent of the asset to the extent to
which the advance is not covered by the realizable value of the security to
which the bank has a valid recourse and the realizable value is estimated on
a realistic basis.
(ii)
In regard to the secured portion, provision
may be made on the following basis, at the rates ranging from 20 percent to
100 percent of the secured portion depending upon the period for which the
asset has remained doubtful:
(iii)
With a view to bringing down divergence
arising out of difference in assessment of the value of security. in cases of
NPAs with balance of Rs.5 crore and above stock audit at annual intervals by
external agencies appointed as per the guidelines approved by the Board is
mandatory in order to enhance the reliability on stock valuation. Collaterals
such as immovable properties charged in favour of the bank have to be valued
once in three years by valuers appointed as per the guidelines approved by
the Board of Directors.
|
|
Period for which the advance
has Provision
requirement (%)
remained in ‘doubtful’ category
Upto one year 25
One to three years 40
More than three years 100
|
|
|
Sub-standard Assets
|
A general provision of l5 percent on total outstanding required to be
made without making any allowance for DICGC/ECGC guarantee cover and
securities available. The ‘unsecured exposures’ which are identified as
‘substandard’ would attract additional provision of 10 percent, i.e. a total
of 25 per cent on the outstanding balance.
|
Standard assets
|
From the year ending 31st March, 2006, the banks have to
make a general provision of a minimum of 0.40 percent on standard assets (25%
on SME and Agricultural sector).
|
|
Government guaranteed advances
|
·
Advances granted under rehabilitation packages
approved by BIFR / term lending institutions.
(i) In
respect of advances under rehabilitation package approved by BIFR/term
lending institutions, the provision should continue to be made in respect of
dues to the bank on the existing credit facilities as per their
classification as substandard or doubtful assets.
(ii) As
regards the additional facilities sanctioned as per package finalized by BlFR
and /or term lending institutions, provision on additional facilities
sanctioned need not be made for a period of one year from the date of
disbursement.
·
Advances against term deposits, NSCS eligible
for surrender, IVPs, KVPs, and life policies would attract provisioning
requirements as applicable to their asset classification status.
·
Advances against gold ornaments, government’s
securities and all other kinds of securities are not exempted from
provisioning requirements.
·
Advances
covered by ECGC / DICGC guarantee: In the case of advances guaranteed by
DICGC/ECGC, provisions can be made only for the balance in excess of the
amount guaranteed by these Corporations. Further, while arriving at the
provision required to be made for doubtful assets, realisable value of the
securities should first be deducted from the outstanding balance in respect
of the amount guaranteed by these Corporations and then provision made.
·
Advances
covered by CGTSI guarantee: In case the advances covered by CGTSI
guarantee becomes non-performing, no provision need be made towards the
guaranteed portion. The amount outstanding in excess of the guaranteed
portion should be provided r as per the extend guidelines on provisioning for
non-performing advances.
|
Question:
Your firm has been
appointed as Central Statutory Auditors of a Nationalised Bank. The Bank
follows financial year as accounting year. State your views on the following issues
which were brought to your notice by your Audit Manager:
(a)
In computing the aggregate of funded and
non-funded exposure of a constituent for purpose of assigning risk weight in
regard to capital adequacy, the bank "Netted off‘the credit balance of Rs.10
lakhs in their Current Account against the total exposure of Rs.1 crore. (4
marks)
(b)
The bank has recognised on accrual basis income
from dividends on securities and Units of Mutual Funds held by it as at the end
of financial year. The dividends on securities and Units of Mutual Funds were declared
after the end of financial year. (4
marks)
(c)
The bank is a consortium member of Cash Credit
Facilities of Rs.50 crores to X Ltd Bank's own share is Rs.10 crores only.
During the last two quarters against a debit of Rs.1.75 crores towards interest
the credits in X Ltd's account are to the tune of Rs.1.25 crores only. Based on
the certificate of lead bank, the bank has classified the account of X Ltd as
performing. (4
marks)
(d)
In case of all such advances which have been
classified as non-performing for the first time during tile current financial
year, only the last date of the financial year has been reckoned as the date of
account becoming non-performing. (4
marks) (Final May 2000)
Answer:
(a)
·
The banks are required to adhere to certain
capital adequacy norms to ensure that they have adequate capital in relation to
the risks undertaken by them.
·
As per the circular issued by the RBI, while
computing risk adjusted value of assets netting may be done only for advances
collateralized by cash margins or deposits and in respect of assets where provision
for doubtful debts have been made.
·
As per this circular, banks may "net off‘against
the total outstanding exposure of he borrower, credit balance in current
account which are free from any lien.
·
In view of the above, the treatment of netting
off followed by the bank is in order.
(b)
·
The income from dividend on securities and units
of mutual funds should be booked on cash basis.
·
It is not a prudent practice to treat dividend
on units of mutual funds as income unless these are actually received.
·
In respect of income from government securities,
where interest rates on these instruments are pre- determined, income could be
booked on accrual basis, provided interest is received regularly and as such is
not in arrears.
·
It is also clarified that banks may book income
on accrual basis on securities of corporate bodies/public sector undertakings
in respect of which the payment of interest and repayment of principal have
been guaranteed by the central government or a state government.
·
Moreover, they can recognize dividend when their
right is established.
·
In the instant case, the dividends on securities
and Units of Mutual Funds were declared after the end of financial year.
·
Thus, the recognition of income by the bank is
not in order.
(c)
·
The bank is a consortium member of cash credit
facilities of Rs.50 crores to X Ltd. Bank's own share is Rs.10 crores only.
·
During the last two quarters against a debit of
Rs.1.75 crores towards interest, the credits in X Ltd's account are to the tune
of Rs.1.25 crores only.
·
In case of consortium, each bank may classify
the advance given by it according to its own experience of recovery and other
factors and not only on the basis of the certificate of lead bank that the
account is performing.
·
Accordingly, the amount should be shown as
non-performing asset.
·
Since in the last two quarters, the amount
remains outstanding and, thus, interest amount should be reversed.
(d)
·
An amount should be considered as NPA when the
amount due there from remains outstanding for specified period.
·
In case of terms loans, if interest or installment
of principal is in arrears for more than 90 days, it should be classified as
non-performing asset and from that date provision should be made.
·
As per RBI Circular, if the account of the
borrowers have been regularised before the balance sheet date by repayment of
overdue amounts through genuine sources and not by sanction of additional facilities,
the account need not be treated as NPA. Bank should, however, ensure that the
account remains in order subsequently.
·
NPA is to be seen throughout the year.
·
Thus, it is wrong to take only the Balance Sheet
date for purposes of classification.
Chapter#4 General
Insurance Company
REQUIREMENT OF SCHEDULE B TO IRDA
REGULATIONS 2002
Part 1
|
A/c principles for prep. of
financial information
I Applicability of AS to G.l. C. :
Ø 3
Ø 4
Ø 9
Ø 13
Ø 17
·
Premium
·
Premium Deficiency. Recognised if expected
claim cost > related reserve unexpired risk.
·
Acquisition cost. Expenses in the period in
which incurred.
·
Claims. Liability for 0/s claim should be
provided for
·
Valuation of Investment.
Ø
Real Estate - investment property: Historical
cost less accumulated depreciation less impairment loss. Residual value as
zero.
Ø
Debt Securities — as ‘held to maturity’ -
Historical cost.
Ø
Equity / Derivative in Active Market — F.V. at
B/S date. Impairment as expenses. changes in F.V. in “Fair Value change A/c.”
Ø
'Unlisted' and other — at H.C. provision made
for diminution in value such provision may be reversed but increased carrying
amount not to exceed its historical cost.
·
Loan. Measured at historical cost subject to
impairment provision.
·
Catastrophe Disaster Reserve. To be created as
per norms prescribed by authority.
|
Part 2
|
Disclosure
|
Part 3
|
General Instruction
(Last year figures, national income provision/Reserve)
|
Part 4
|
Management Report
·
Confirmation for validity of registration
·
Confirmation that all statutory dues have been
paid.
·
Confirmation that shareholding pattern is in
accordance with law
·
Confirmation that solvency margin is
maintained
(NOTE: Solvency Margin
·
To maintain excess of assets over amount of
its liabilities at all times, highest of following:
·
50 crores (100 cr. For reinsurer)
·
20% of net premium income.
·
30% of net incurred claims.
If non-maintenance of S.M., insurer to submit a financial
plan to authority indicating plan of action, else it shall deemed to be
insolvent and wound up by court.)
·
Confirmation that valuation of Investment is
as per norms.
·
Confirmation that management has not invested
any money outside India.
·
Confirmation about overall risk exposure
·
Confirmation about operation in other
countries
·
Confirmation about aging of claims
·
Confirmation about quality of asset &
portfolio
·
Confirmation about payment to parties in which
directors are interested
·
Responsibility statement
|
INVESTMENT NORMS
1. Investment
in other than approved investment if:
(i) Such investment < 25%
of total investment; and
(ii) Consent of all Directors.
2. Insurer
not to invest in one insurance / investment company exceeding-
(i) 10% of total asset of
insurer; or
(ii) 2% of share
capital/debenture of company concerned.
For other companies (other
than insurance / investment company) 2% is replaced by 10%
3. Funds
of policy holders not to be invested outside India.
4. Every
insurer to keep at all times.
|
|
·
at least 20% of Assets
·
at least 30% (including (i)
·
at least 5% of total assets
·
at least 10% of total assets
·
upto 55%
|
Central Govt. Securities.
State Govt. and other guaranteed securities
Housing & loan to State Government
In approved securities under infrastructure / social sector
Other securities.
|
Guidelines
|
(i) Proper
Balance between infrastructure and social sector.
(ii)
Based on rating of assets.
(iii)
Rating by independent agency
(iv)
Should be at least “AA” grade.
(v)
Investment in shares in actively traded/liquid
investment.
|
REINSURANCE – At a glance
Ø
Facultative:
Particular risk is ceded, thus consideration of each risk separately.
Ø
Treaty:
Within limits of treaty, covering all kinds of risks is ceded.
Ø
Proportional
Treaty
Ø
Quota
Share
Ø
Surplus:
Cedes amount which it doesn’t want to retain with itself.
Ø
Auto-fac:
After cession of its surplus treaties, if anything remains, then it is ceded
as per auto-fac treaty
Ø
Pools:
Members cede to pool a portion of business directly written by them.
Ø
Non-proportional:
On basis of loss.
Ø
XL
treaty: XL on prevent: If more than one risk are affected, limit/loss is
arrived at separately.
Ø
XL on
non-prevent: Losses considered on together basis. (Aggregate).
Ø
Stop
Loss: Protects the company from losing more than specified amount for
given class of business.
|
SOME POINTS TO BE CONSIDERED IN CASE OF GIC
Premium
|
Ø
Credited to separate Bank account.
Ø
No Risk
Assumption without receipt of premium.
Three types of premium — for direct
business, for re-insurance business and share of co-insurance premium.
Ø
Some portion of premium is allocable to
succeeding period, thus called unearned premium. Check Reserve for unexpired
risk.
(NOTE: Reserve for unexpired
risk:
Not all risk expire as on B/S date. Risk will be there in succeeding
year w.r.t. premium
received in this year, thus provide for-
(i) 50% of all
other types and
(ii) 100% for
marine Hull. g
% is to be taken of net premium income i.e. premium
received, net of reinsurance premium paid.)
Ø
Premium
deficiency = expected claim cost — related unearned premium. Provision to
be made.
Ø
Internal
controls and procedures w.r.t. premium should be operating effectively.
Ø
Cover
notes should be serially numbered.
Ø
Company
should not assume any risk for uncollected premium, short premium, not collected
in time, etc.
Ø
Reinsurance
Ø
Collection
after B/S date, whether relating to year under audit.
Ø
Co-insurance,
examine company’s share of premium.
Ø
Premium
register should be kept chronologically i.e. in order of time of premium received.
Ø
Due
date and date of collection should be reconciled.
Ø
Year
end transactions should be taken care of.
Ø
Service tax is applicable on premium, thus
ensure appropriateness of same.
Ø
Refund of premium (whether made in genuine
cases only).
|
Verification of claims
|
·
Provision for all unsettled claims.
·
Only for those, company is legally liable.
·
Not to exceed insured amount.
·
Event after B/S date.
·
Average clause.
·
Co insurance, provision only for its share.
·
Reasons for long delays after claim lodged.
·
Under litigation, legal advice.
·
Provision net of salvage value.
·
No contingent liability w.r.t. claim
intimated.
·
Intimation within reasonable time.
·
Claim paid duly sanctioned.
·
Claim paid for its share in co-insurance.
·
Claim paid after salvage accounted for.
·
Claim paid, discharge note from claimant.
|
Commission
|
·
Commission should be paid only to authorized
agents
·
Examine internal controls over payment of
commission.
·
Examine whether it has been paid as per
appropriate rate.
·
Obtain confirmation from the agents.
·
Examine accounting treatment of outstanding
commission, if any.
·
Obtain management representation that all
commission has been appropriately adjusted in the accounts.
·
Correlate with this year’s business.
·
Check whether TDS has been properly deducted
on payment of commission.
·
Verify that no commission is paid to agents
for businesses directly procured by it.
|
Agent’s balance
|
·
Carefully examine the old balance, if any.
·
Obtain confirmation from agents.
·
Ensure that this head contains only balances
w.r.t. agents accounts.
·
Obtain management representations w.r.t.
appropriate accounting treatment of such accounts.
·
In case any amount due from them appears to be
doubtful, examine whether provision has been created w.r.t. same.
·
Reconcile their balances with commission due
to them.
|
Receipts and payments account
|
·
Every insurer should prepare at the end of
each financial year, a Balance Sheet, a
·
Profit and Loss Account, account of receipts
and payments and a Revenue Account.
·
Since receipts and payments account has been
made a part of financial statements of an insurer it is also required to be
audited.
·
Auditor of an insurance company should:
(i) Report
whether the receipts and payments account of the insurer is in agreement with
the books of account and returns:
(ii)
Express an opinion as to whether the receipts
and payments account has been prepared on accordance with the provisions of
the relevant statutes; and
(iii)
Express an opinion whether the receipts and
payments account gives a true and fair view of the receipts and payments of
the insures for the financial year Period under audit.
|
Co-insurance
|
·
In case of high business risks, these are
shared among more than one insurance company.
·
In case of coinsurance, the leading insurer
issues the documents. collects premiums and settles claims. .
·
The leader renders statements of Accounts to
the co-insurers.
·
The auditor should check whether the premium
account is credited on the basis of statements received from the leading
insurer.
·
Auditor should obtain a written confirmation
from management that all premium received from the leader has been accounted
for.
·
The claims provisions and claims paid should
also be verified.
·
It should be ensured that claim is paid only
for its share in coinsurance.
·
For leader, the auditor should examine the
relevant documents.
|
Reinsurance inwards
|
·
He should obtain evidences as to the
effectiveness of the system of control over the reinsurance inwards.
·
The agreement should be as per guidelines
prescribed in the Insurance Act, 1938 and IRDA Regulations.
·
The auditor should examine the arrangements
with principal insurer.
·
The auditor should ensure the appropriateness
of accounting treatment of reinsurance business received, premium received
and payment of commission.
·
He should examine ‘whether intimation of loss
has been received well in time.
·
It is also to be verified that claim has been
paid as per the terms and conditions.
·
In case of principal insurer being in the
foreign country, he should examine the foreign currency transactions
considering the Accounting Standard (AS) 11.
·
The auditor should check whether provision has
been made for all claims payable to principal insurer.
·
He should carefully examine any old
outstanding.
·
Balance confirmation should also be obtained
form principal insurer.
|
Reinsurance Outward
|
·
He should obtain evidences as to the
effectiveness of the system‘ of control over the reinsurance outwards.
·
The agreement should be as per guidelines
prescribed in the Insurance Act, 1938 and IRDA Regulations.
·
The auditor should examine the arrangements
with re-insurers.
·
The auditor should ensure the appropriateness
of accounting treatment of reinsurance business given, premium paid to
reinsurer and receipt of commission.
·
He should examine whether intimation of loss
has been given to them well in time.
·
It is also to be verified that claim has been
received from reinsurer as per the terms and conditions.
·
In case of reinsurer being in the foreign
country, he should examine the foreign currency transactions considering the
Accounting Standard (AS) 11.
·
He should carefully examine any old
outstanding.
·
Balance confirmation should also be obtained
form reinsurer.
|
Chapter#5 Audit
of Co-operative Societies
MULTI STATE CO-OPERATIVE SOCIETIES ACT,
2002
1.
Books
of A/c.
|
·
All sum of money received & expended &
matters of receipt/expenses.
·
All sale & Purchase of goods.
·
All assets & liabilities.
·
For MSCOS engaged in production, processing
& manufacturing, their utilization of materials or labour or other items
of cost as may be specified in by-laws of society.
|
2. Qualification of Auditors (Sec. 72)
|
A chartered accountant.
Disqualification:
·
Body corporate.
·
Officer / Employee of MSCOS.
·
Partner / Employee of Officer / Employee of
MSCOS.
·
lndebted / Guarantor for amount > 1000/-
|
3.
Appointment
of auditors (Sec. 70)
|
·
First auditor by board within one month of
registration date to hold office until conclusion of 1stAGM. If board fails
to appoint, then in general meeting.
·
Subsequent auditor at each AGM. He shall hold
office from conclusion of that meeting until conclusion of next AGM.
|
4. Power & Duties of Auditors (Sec. 73)
|
Right to access at all times to books, Accounts & Vouchers, to
require information & explanation from employee / officers, to attend GM,
to send representation on removal.
Following inquiries shall be made [73 (2)1
·
Loans & advances made by MSCOS on basis of
security, properly secured & whether terms aren’t prejudicial to interest
of M SCOS / members.
·
Transaction of MSCOS represented merely by
book entries are not prejudicial to interest of MSCOS.
·
Whether personal expenses have been charged to
revenue.
·
In case it is stated in Books of MSCOS that
any shares have been allotted for cash whether cash actually been received
& if no cash has been so received, whether positions stated in books
& B/s are correct & not misleading.
|
5.
Special
Audit of MSCOS (Sec. 77)
|
(a)
In case, Central Government or State
Government either alone or both hold 51%
more of paid-up share capital In such MSCOS.
(b)
Central Government may direct either a C.A or
MSCOS’s auditor to conducts special audit & make a report to it.
(c)
If Central Government is of opinion that:
·
Affairs of MSCOS aren’t being managed in
accordance with self help & Co-operative principles or sound business
principles or:
·
MSCOS is managed in manner likely to cause
serious injury I damage to interest of trade / industry or business to which
it pertains or
·
The financial position of any MSCOS is such as
to endanger its solvency.
(d)
Auditor has same powers & duties as in
Sec. 73.
(e)
On receipt of report of special audit, Central
Government may take such action as it considers necessary.
|
6.
Inquiry
and inspection by Central Registrar (Sec. 78 and 79)
|
(a)
Central Registrar may on request from
·
Federal co-operative to which MSCOS is
affiliated or
·
A creditor or
·
At least l/3 of member of board or
·
At least l/5 of total member of MSCOS,
Hold an enquiry or
direct some person to enquire into constitutions, working & financial
condition of MSCOS. However, before inquiry, 15 days notice is to be given to
MSCOS.
(b)
Central Registrar or person authorised, shall
have following powers:
·
Free access to books / A/c / Cash / Properties
in custody of MSCOS in event of serious irregularity, take them into custody.
Summon any person to produce the same at any place specified by him.
·
Require the officer to call GM by giving
notice of at least 7 days or if officers fail / refuses, he may/call it
himself.
·
Summon any person having knowledge to appear
before him & examine him on oath.
(c)
Central Registrar within 3 months of receipt
of report communicates the report of enquiry to society, Financial
Institution & to person at whose instance it is needed.
|
Chapter#6 Special
Aspects
NON-BANKING FINANCIAL COMPANY
Classification of NBFC (Refer
to appendix also)
|
NBFC
|
NBFC is one whose principal business is that of receiving deposits or
that of financial institution.
1. Equipment Leasing Company.
2.Hire Purchase Finance Company.
3. Investment Company.
4. Loan Company.
5. RNBC i.e. Residuary non-banking co. that receives deposits under
any scheme.
|
|
MBFC (Mutual benefit Financial
Co.)
|
i.e. Nidhi Co. notified by Central Government u/s 620 A of Companies
Act.
|
|
MBC (Mutual Benefit Company)
|
i.e. Potential Nidhi co. working on lines of
Nidhi co. but not so notified by Sec. 620A of Companies Act and Central
Government. (Company having minimum net owned fund and preference share
capital of 10 lacs. )
|
|
MNBC (Miscellaneous
Non-banking co.)
|
i.e. Chit Fund company. Where a company enters
into an agreement with specified number of subscribers to subscribe a certain
sum and everyone of them be entitled to a prize amount. (may be by lot).
|
Audit Procedure
|
General Procedure
|
1.
Ascertaining the business of the Company.
2.
Evaluation of I.C. System.
3.
Registration with RBI which is compulsory for
companies having minimum net owned funds of Rs.2 crores. Also ascertain
whether it has submitted quarterly return with RBI about liquid Assets within
15 days in specified form. Moreover, it must transfer at least 20% of its net
profit to reserve fund before any dividend is declared.
|
|
NBFC Public Deposit Directions
|
·
Public deposit should be in accordance with
the credit rating assigned to it.
·
Interest calculations should be proper.
·
NBFC should have accepted public deposit or
renewed it only after written application is received by the depositor in a
specified form.
·
Public deposits should be accepted only after
advertisement or statement in lieu of advertisement has been filed with RBI.
·
Check deposit register (payment on due date).
·
Investment in approved liquid assets and it
should be kept in safe custody.
·
Audited statements to be submitted within 15
days of Holding AGM to RBI.
·
Annual Return to be submitted to RBI within 6
months from close of year.
·
If it is not accepting deposits, see Board
resolution in this behalf.
·
For Group holding Investment Company, see
board resolution to identify the group.
|
|
NBFC Prudential norms
Directions
|
(i) Compliance with income recognition and Accounting Standards, etc.
(ii) Classification as Standard / Sub-standard / Doubtful / Loss
Asset.
(iii) Income from NPA - on realization basis.
(iv) Previous year’s NPA account- continue or not.
|
Check-list for NBFC
|
Equipment Leasing Finance
Company
|
·
Check whether proposals for equipment Leasing
are accepted only after proper credit appraisal.
·
The auditor should verify the adequacy of
system in place for ensuring installation of assets and their periodical
physical verification.
·
The auditor should check the system to monitor
whether Asset is adequately insured and properly maintained.
·
Verify the lease agreement.
·
The auditor should ensure that leasing
transactions are classified and accounted as per AS-19 “Lease”.
·
Ensure that the provisions relating to asset
classification, provisioning and income recognition are observed.
|
|
Hire Purchase Finance Company
|
·
The auditor should ascertain whether there is
an adequate appraisal system for extending hire-purchase finance.
·
The auditor should verify the assets are
property charged in the name of the NBFC.
·
The auditor should examine the internal
controls to ensure installation of the asset and their periodic physical
verification.
·
If the finance is against vehicles, the
registration certificate should contain an endorsement in favour of the NBFC.
·
Auditor should verify the system to ensure
that hirer have not sold the assets or encumbered them.
·
Whether hire-purchase installments are
received regularly.
·
The auditor should verify that hire purchase
assets are adequately insured.
·
Check the valuation of goods repossessed.
·
Examine the method of accounting followed for
appropriation of finance charges over the period of hire purchase contract.
·
Ensure that the provisions relating to asset
classification, provisioning
|
|
Loan Company
|
·
Ascertain whether there is proper credit
appraisal of applicant and sanction of loans.
·
Verify the terms & conditions of loan
agreement
·
Examine the adequacy of security obtained.
·
Check whether adequate records are maintained
as regards the bill discounting facilities.
·
Check whether the loans are within the limits.
·
No loans should be given on the security of
own shares.
·
He should examine compliance with norms for
asset classification, provisioning and income recognition have been adhered
to.
·
The auditor should obtain balance confirmation
from the borrowers as per SA 505.
|
|
Investment Company
|
·
The Auditor should physically verify the
investment certificate. For shares/Securities held through depository, obtain
confirmation from D.P.
·
Verify whether investments made by the NBFC
are within limits.
Lend
Same is the case with
investment.
Lending + Investment
·
He should ensure that income in the form of
interest, dividend and capital gains is properly recognized.
·
Examine the bills/contract notes received from
brokers
·
Verify the authorization of purchase and sale
of investments.
·
Check compliance with AS 13 “Accounting for
Investments”.
·
Ascertain that investments in unquoted
debentures and bonds have not been classified as investments but as term
loans.
|
Chapter#7 Audit
under Fiscal Laws
2008
- Nov[8]
(d) State
whether a Tax audit report can be revised and if so state those circumstances. (4 marks)
Answer:
Normally, the report of the tax"
Auditor cannot be revised later. However, when the accounts are revised in the
following circumstances, the tax Auditor may have to revise his Tax Audit
Report also.
1. Revision of accounts of a company
after it adoption in the annual general meeting.
2. Change in law with retrospective
effect.
3. Change in interpretation of law
(e.g.) CBDT Circular, Notifications, judgments, etc.
The Tax Auditor should state it is a
revised Report, clearly specifying the reasons for such revision with a
reference to the earlier report.
2009
- May [6] Answer the following:
(b)
Draft an Audit Programme for conducting the
audit of a Public Trust registered under section 12A of the income Tax Act,
1961. (8
marks)
Answer:
An auditor should conduct routine
checking during the course of audit of a public trust, in the following manner:
1.
Check the books of account and other records
having regard to the system of accounting and internal control.
2.
Vouch the transactions of the trust to satisfy
that:
(i)
the transaction falls within the ambit of the
trust
(ii)
the transaction is properly authorized by the
trustees or other delegated authority as may be permissible in law;
(iii)
all incomes due to the trust have been properly
accounted for on the basis of the system of accounting followed by the trust;
(iv)
all expenses and outgoings appertaining to the
trust have been recorded on the basis of the system of accounting followed by
the trust;
(v)
amounts shown as applied towards the object of
the trust are covered by the objects of trust as specified in the document
governing the trust.
3.
Obtain
trial balance on the closing date certified by the trustees duty certified by the
trustee;
4.
Obtain Balance Sheet and Profit & Loss
Account of the trust authenticated by the trustees and check the same with the
trial balance with which they should agree.
2009
- May [7] Answer the following:
(b)
As the tax auditor of a non-corporate entity u/s
44 AB of the Income Tax Act, 1961, how would you ensure compliance of section
145 of the income Tax Act, 1961? (8
marks)
Answer:
Income under the
head Profit & Gains of business or profession or income from other sources
has to be computed under mercantile or case system of accounting as regularly maintained
by the assessee.
The Central
Government may notify in the official Gazette from time to time the accounting
standards to be followed by any class or assesses or in respect of any class;
of income, The following Accounting Standards have been notified.
(i) AS (IT)-1:
Disclosure of accounting policies.
(ii) AS (IT)-2:
Disclosure of prior period and extra_ ordinary items and disclosure of
accounting policies.
The above AS are
corresponding to AS-1 and AS-5 respectively if the ICAI u/s 145(3) the
Assessing Officer may make a best judgment assessment under section 144 in the
following assessment under section 144 in the following situation.
(a)
Where the Assessing Officer is not satisfied
about the correctness or completeness of the accounts of the assessee.
(b)
Where the method of accounting has not been
regularly followed by the assessee.
(c)
Where as the AS notified u/s 145(2) have not
been regularly followed by the assessee.
The auditor has to
therefore ensure that:
(a)
the entity follows either the cash or accrual
method of accounting
(b)
Accounting Policies are required by AS (IT)-1
has been disclosed separately.
(c)
Other provisions of AS 1 (IT)-2 have been
complied with.
2011
- Nov [5] (a) As a Lax auditor how would you deal and report the following:
(i)
An assessee has borrowed Rs.50 lakhs from
various persons. Some of them by way of cash and some of them by way of Account
payee cheque / Draft. (3
marks)
(ii)
An assessee has paid Rent to his brother Rs.2,50,000/-
and paid interest to his sister Rs. 4,00,000/-.
(2
marks)
(iii)
An assessee has incurred payment to clubs. (2
marks)
Answer:
Tax
Audit Report
(i)
Borrowed
of Rs. 50 lakhs: As per Clause 24 of Form 3CD the particulars of each loan
or deposit taken or accepted during the previous year have to be stated in the
Tax Audit Report.
Also, Clause 24 (a) requires
reporting in case if the loan or deposit was taken or accepted otherwise than
by an account payee cheque or and account payee bank draft".
Further, as per Clause 24 (c)
the tax auditor has to state whether a certificate has been obtained from the
assessee regarding taking or accepting loan or deposit, through an account
payee cheque or an account payee bank draft. The mere obtaining of such certificate
does not reduce the responsibility of the tax auditor to verify the compliance
with the provisions of Section 26988 and 269T of "the Income Tax Act.
Hence, in the given case, where
the assessee has borrowed Rs. 50 Lakhs by way of cash and some of them by way
of Account payee cheque/draft, needs to be verified and to be reported in
compliance with Clause 24 of Form 3CD.
(ii)
Payment
of Rent and Interest: A tax auditor has to report under Clause 18 of Form
3CD which deals with the particulars of payments made to persons specified
under‘ Section 40A (2) (b). The specified persons include Husband, Wife,
Brother, Sister or any other Lineal Ascendant or Descendant.
In the present case, an assessee
has paid rent to his brother of Rs.2,50,000 and interest to his sister of Rs.
4,00,000 may be disallowed if, in the opinion of the AO, such expenditure is
excessive or unreasonable having regard to:
1. fair market value
of the goods, services or facilities for which the payment is made: or
2. for the legitimate
needs of business or profession of the assessee; or
3. the benefit
derived by or accruing to the assessee from such expenditure.
Hence this fact needs to be
reported in the Tax Audit Report accordingly.
(iii)
Payment
to Club: As per Clause 17 (d) of Form 3CD the amount of payments made to
clubs by the assessee during the year should be indicated. The payments can be
for entrance fees as well as membership subscribution and for catering and
other services by the club, both in respect of directors and other employees in
case of companies and for partners or proprietors in other cases. The tact
whether such expenses are incurred in the course of business or whether they
are of personal nature should be ascertained. If they are personal in nature,
they should be shown separately under Clause 17(b).
Therefore, the tax auditor has
to report the payments to clubs under Clause 17 (d) of Form 3CD.
2007
- May [8] Write short notes on the following:
(c)
Method of accounting in Form No. 3 CD of Tax
Audit. (4
marks)
Answer:
Clause 11 of Form No. 3CD of the Tax
Audit requires to state
(i) Method of accounting employed in
the previous year.
(ii) Change in method of accounting
vis-a-vis the proceeding year
Specially in case of change in method
of accounting, details of change and the effect on profit and loss are to be
stated details of deviations thereof, from Accounting Standard prescribed u/s
145 and the effect thereof on the profit and loss are stated.
2007- Nov [6] (b) What are the steps
for the Audit under the State level ‘Value Added Tax’ (VAT)? (8 marks)
Answer:
VAT is a tax on the value added to the
commodity at each stage in the production and distribution chain. VAT is an
indirect Tax on consumption. It is a tax on the value at the retail point of
sale which is collected at each stage of sale.
The essence of VAT is that it provides
credit set off for input tax i.e. tax paid on purchases against the output tax
i.e. tax payable on sales.
(i)
A
Knowledge of Business: The Auditor should study the VAT Law particularly
definitions, procedures to be adopted, provision regarding issues of invoices,
claiming of input tax credit etc.
(ii)
Knowledge
about VAT Law and Allied Laws: The Auditor should study the VAT Law
particularly definitions, procedures to be adopted, provision regarding issues
of invoices, claiming of input tax credit etc.
(iii)
Major
Accounting Policies: The Auditor should ascertainable major accounting
policies with regard to sales purchases and valuation of inventory.
(iv)
Accounting
Records maintained by Auditee: The auditor should obtain a complete list ct
all the accounting records relating to sales/purchase ct goods, stock, various
registers ledgers etc, maintained in which the transactions are recorded.
(v)
Evaluation
of Internal control: The Auditor should evaluate the internal controls
prevalent in the entity with respect to sales, Purchases, Production and
Accounting. He must examine the adequacy and effectiveness of the controls in
orders in order to plan the nature and timing of his audit procedures.
The following provisions of VAT need to understood:
·
Credit tor inputs/supplies (and its accounting)
·
Credit in case of capital goods.
·
Utilising VAT credit for set off.
·
Valuation of inventories/capital goods.
·
Credit for goods lying in stock at inception of
VAT scheme.
·
VAT on sales.
Chapter#8 Cost
Audit
ADVANTAGE OF COST AUDIT
To
Management
|
To
Society
|
To
Shareholder
|
To
Government
|
·
Reliable data
·
Check on wastage
·
lnefficiency is identified and corrective
action can be taken
·
It facilitates MBE(management by exception)
·
Valuation of closing stock
·
Detection of error and fraud
|
·
Fixation of Price
·
Justification of price increase by increase in
cost of production
|
It ensures that proper records are kept for material, wages
etc.
|
·
Cost plus contract
·
Fixation of Ceiling price
·
Identification of Inefficient unit
·
Protection to certain industries
·
Settlement of Trade Dispute
·
Promoting healthy competition among units in
industry.
|
PROGRAMME OF COST AUDIT
1. Review of Cost Accounting Records
|
This will include:
(a)
Method of costing in use- batch, process or
unit.
(b)
Method of accounting for raw materials; stores
and -spares, wastages, spoilage, defectives, etc.
(c)
System of recording wages, salaries, overtime
etc.
(d)
Basis of allocation of overheads to cost
centers and of absorption by products and apportionment of service
department’s expenses.
(e)
Treatment of interest, recording of royalties,
research and development expenses, etc.
(f)
Method of accounting of depreciation.
(g)
Method of stock-taking and its valuation
including inventory policies.
(h)
System of budgetary control.
(i)
System of internal auditing.
|
2. Verification of cost statements and other
data.
|
·
Licensed, installed and utilized capacities.
·
Financial ratios.
·
Production data.
·
Cost of raw material consumed, wages and
salaries, stores, power and fuel, overheads, provision for depreciation, etc.
·
Sales realization.
·
Abnormal, non-recurring and special costs.
·
Cost statements.
·
Reconciliation with financial books.
|
TRUE AND FAIR COST OF PRODUCTION
(i) The cost auditor is required to express his opinion on true and
fair cost.
(ii) The cost is said to be true and fair if:
·
Accepted Cost Accounting Principles have been
applied while arriving at the cost
·
Costing principles are applied on a consistent
basis.
·
Costing system appropriate to product is used.
·
All Material items are considered while
arriving at the cost.
·
Cost sheet is prepared in Prescribed form.
·
There is elimination of prior period
adjustments in cost sheet.
·
Abnormal losses are ignored in determination
of cost.
|
Question
For what purposes the Cost Auditor refers to financial
records while conducting Cost Audit of an entity?
(8 marks) (Final May 2002)
Answer:
·
A cost auditor expresses an opinion as to
whether the company has maintained proper cost accounting records so as to give
a true and fair view of cost of production, etc.
·
He is required to ascertain the cost of raw
materials consumed, cost of power, cost of stock, employer costs, provision for
depreciation, fuel etc.
·
Annexure to the cost audit reports require
detailed information in respect of financial position including capital
employed, net worth, profit, net rates, operating profit, total wages and
salaries, etc.
·
Thus, cost audit cannot be done without
reference to financial books.
·
Moreover, there is a statutory requirement to
have a statement of reconciliation with financial accounts as part of cost
audit report.
·
Further the cost statements also contain a
summary of all expenditure incurred by the company.
·
Naturally this can be done only with reference
to financial ledger.
·
Material discrepancy between financial records
and cost records will be highlighted in the reconciliation statement requiring
the cost auditor to examine deviation before reporting on the same.
·
Thus it is clear that the cost auditor needs to
refer to financial records for conducting the cost audit.
Chapter#9 Special
Audit Assignment
2008 - Nov [7] Write short notes own
the following:
(a)
Circuit filters/Circuit breakers. (4
marks)
(b)
Purposes of appointing inspecting officer of a
Depository. (4
marks)
Answer:
(a) Circuit Filters/Circuit Breakers:
(i)
This is the price band that set the upper and
lower limit within which a stock can fluctuate on any particular day.
(ii)
A price bank for a day is a function of the
previous days closing price.
(iii)
According to SEBI directions circuit filter is
applied on scrips traded in rolling settlement, if their price fluctuate more
than 10% of the closing price of scrip on the previous day.
(iv)
Thus circuit filters restrict extreme price
movement and resist price manipulation.
(v)
This also protects investor from extreme
fluctuations.
(b) SEBI appoints inspecting officers to
investigate or inspect the affairs of a depository for any of the following
purposes:
(1)
To ensure that the books of accounts are
maintained in the names specified in the regulations.
(2)
To look into the complaints received from
depositor’s participant, beneficial owners or other persons.
(3)
To ascertain whether the provisions of the Act,
bye-laws agreements and these regulations are being complied.
(4)
To ascertain whether the systems, procedures and
safeguards are being followed in the interests and to secure the market.
(5)
To ensure that the affairs are being conducted
in the interest of the Investors/Securities markets.
2011- [7] Write short notes on the following:
(a)
Contract notes in case of audit of member of
Stock Exchange. (4
marks)
Answer:
Contract Notes in case of Audit of Member of Stock Exchange:
Contract note is a document through which a contractual obligation is
established between a member and a client. Every member of the stock-exchange
has to issue contract notes to his clients for the trades executed on their
behalf. The contract notes should be issued to the client within 24 hours of
execution of the trades. Members are also required to preserve counter-toils or
duplicates of the copies of contract notes issued to clients. The member is
also required to maintain written consent of clients for the contracts entered into
as Principal. Contract notes should show the brokerage separately. The total brokerage
charged by the member should not exceed the specified value of the-trade.
It may be noted that
the brokerage percentage is prescribed from time to time. The Contract Notes
should be signed by the member or his constituted attorney. When a sole
proprietor or partnership firm wishes to authorise another person to sign the contract
notes, then the member is required to submit a power of attorney to the Exchange.
In case of corporate membership, a board resolution is required to authorize a
person including Directors to sign the contract notes.
The member
thereafter prepares a Contract Note in the prescribed form after adding the
brokerage and sends the original Contract Note to the client. The auditor should
evaluate the internal control procedures instituted by the stock broker for
proper maintenance and issuance of contract notes. He should verity that the
transactions done by a member are recorded in the sauda book. It should also be
examined that contract notes are issued for all the business conduct on behalf
of the clients. The auditor should verify the trades executed with the bills
raised.
2011-Nov [3] (b) State the functions of
Energy Auditor. (5
marks)
Answer:
Functions of Energy
Auditor: Energy auditing is as an activity that serves the purpose of assessing
energy use pattern of a factory or energy consuming equipment and “identifying
energy saving opportunities. In that context, energy management involves the
basis approaches reducing avoidable losses, improving the effectiveness of
energy use, and increasing energy use efficiency. The function of an energy
auditor can be compared with that of a financial auditor. The energy auditor is
usually expected to give recommendations on efficiency improvements leading to
monetary benefits and also advise on energy management issues. Generally,
energy auditor for the industry is an external party. The following are some of
the key functions of the energy auditor.
(i)
Quantity energy costs and quantities
(ii)
Correlate trends of production or activity to
energy costs
(iii)
Devise energy database formats to ensure they
depict the correct picture— by product, department, consumer, etc.
(iv)
Advise and check the comptiance of the
organisation for policy and regulation aspects.
(v)
Highlight areas that need attention for detailed
investigations
(vi)
Conduct preliminary and detailed energy audits
which should include the following:
(a)
Data collection and analysis.
(b)
Measurements, mass and energy balances.
(c)
Reviewing energy procurement practices
(d)
Identification of energy efficiency projects and
techno-economic evaluation
(e)
Establishing action plan including energy saving
targets, staffing requirements, implementation time requirements, procurement
issues, details and cost estimates.
(f)
Recommendations on goal setting for energy
saving, record keeping, reporting and energy accounting, organisation
requirements, communications and public relations.
1998- Nov [8] Write short notes on the
following:
(b)
"Margins" or Deposits with Stock
Exchanges. (4
marks)
Answer:
‘Margins’
or ‘Deposits’ with Stock Exchange
The exchanges witness wide fluctuations
in prices of securities over a period of time. in order to restrict excessive
speculations and safeguard the interest of the investors, members are- required
to maintain certain deposits with the exchange. The members are required to
collect margins from their clients and deposit it with clearing house.
There are three types of margins:
(i)
Mark to
market margin: The objective of this margin is to cover a loss that a
member may incur in case the transaction is closed out at the closing price of
the trading day, which is different from the price at which the transaction has
been entered into.
(ii)
Volatility
Margin: The volatility margin is imposed to curb excessive volatility in
the market and to prevent building up of excessive outstanding positions.
(iii)
Gross
Exposure Margin: Gross exposure margin is the percentage of net cumulative
outstanding positions (purchases or sales) in each security that the member
should keep with the exchange.
2000-May [8] Write short notes on
Rolling Settlements. (4
marks)
Answer:
Rolling
Settlements: A rolling settlement is one in which trades outstanding at the
end of the day have to be settled (payments made for purchases or deliveries in
the case of sale of securities)
Rolling settlement
was first introduced at the over the counter exchange of India (OTCEI) on a T+3
basis. The specified business days are expressed as T+No. of days from the
transaction date (T= Transaction date) for example, under “T+2” Rolling
settlement, a transaction entered into a Monday should be settled on immediate
Wednesday, when the pay-in or payout takes place.
Trades on each
single day are settled separately from the trades done earlier or subsequent
trade days. The netting of trades is done only for the day and not for multiple
days. Under this scheme the pay- in and pay-out of funds are effected on same
day.
For rolling settlement to be successful
three essential prerequisites are:
1. Electronic trading of shares.
2. Equity derivatives.
3. Stock lending and borrowing schemes.
While rolling
settlement is technically possible with physical certificates the
infrastructure required is not forthcoming. At the stock exchange level,
rolling settlement with physical certificates would involve daily pay-in,
pay-out, withdrawal, daily auction and deposits of scrips. The introduction of
rolling settlement would most, probably result in the demise of the badla
system.
In case, a member
fails to deliver the shares sold in rolling settlement, the stock exchange
conducts an auction session on T+6, the meet the short fall created by non-
delivery of shares. in this auction session, offers are invited from other
members to deliver the shares sold by originally selling member since delivery
has to be made to the buying member. In case no shares are received in auction,
the sale transaction is closed-out at a close- out- price, determined by higher
of the following:
Higher price recorded in the scrip from
the settlement in which the transaction book place upto a day prior to the
auction.
or 20% above the closing price on a day
prior to the auction.
In this case, the
auction price/close-out and difference between sale price, if positive is
payable by the seller. Who failed to deliver the scrips, in case, auction/ close
out price is less than sale price, the difference is not given to seller but is
credited to investor protection fund.
2002- May [8] Write short notes on Hit
or take orders (4
marks)
Answer:
Hit or take orders
occur in screen-based trading in stock exchange, this is a variation of market
orders. it allows for faster order execution without cluttering up the limit
order book. This method converts the key strokes or mouse clicks of the broker
into a limit order at the touch line price for particular scrip, without his
having to place a limit order. Further all unexecuted orders of this type are
automatically killed and are therefore not stored in the order book.
A broker interested
in particular scrip would ask the system to display the touch line of that
scrip. He would then operate certain predefined keys or mouse clicks which
would be different for buy and sell orders. The system would ask the broker to
identify the client and to quantify the order. The system, would then convert
his buy or sell order for the quantity specified into a limit order and attach
the touch line offer price for a buy order or a touch line bid price for a sell
order. This order will be matched against jobber quotes and the order book for
the quantity can be executed. The unexecuted quantity if, any will be killed
and removed from the system.
2006 - Nov [8] Write short notes on the
following:
(e)
Types of market under NEAT (National Exchange
Automated Trading) (4
marks)
Answer:
Types
of Market Under NEAT:
Broadly, there are four types of market
under national exchange automated trading.
1. Normal Market: All orders which are of
the regular lot size or multiples thereof are traded in Normal Market.
2. Odd Lot Market: An order is called, an
odd lot order if the order size is less than the regular lot size, such orders
have different settlement periods vis-a-vis normal orders.
3. Spot Market: in all respects spot
orders are similar to the normal market orders except that spot orders have
different settlement periods vis-a-vis normal orders.
4. Auction Market: Stock exchanges on
behalf of their members initiate auctions to purchase from the market, the
number of shares short deposited by the members. In this way, they complete the
settlement process.
2002 - Nov [8] Environmental Audit. (4
marks)
Answer:
Environmental Audit
is an Assessment of the Nature and extent of any harm or detriment or any
possible harm or detriment, which may be inflicted on any aspect of the
environment by any activity process development programme, or any product
chemical, or waste substance.
Audits may be designed to:
1.
Verity or other wise comply with environmental
requirements
2.
evaluate the effectiveness of existing
environmental management systems.
3.
assess risks generally; or
4.
assist in planning for future improvements in
environment protection and pollution control.
The
aspects to be considered while conducting an environmental audit are:
1.
Layout and design.
2.
Management of Resources.
3.
Pollution control systems.
4.
Emergent Safety system.
5.
Medical and Health care facilities.
6.
industrial hygiene.
7.
Occupational health.
8.
Information Assimilation and reporting system
9.
Compliance to the Regulatory mechanism.
10.
Concern for the Society.
2006 - Nov [4] (a) Enumerate the main
areas to be covered by the auditor in the case of environment audit of an
industrial unit. (8 marks)
Answer:
Main
Areas to be Covered in Environment Audit of industrial Unit:
1. Layout and Design: The layout should be
designed to allow adequate provisions for installing pollution control devices.
it should also accommodate up gradation of pollution control measures.
2. Resource Management: Resources include air, water, land,
energy, raw materials and human resources etc. Use of all are interlinked and
the best- use in a harmonized manner results in, the best output and minimum
waste.
3. Pollution Control System: An effective
system of pollution control should be in existence. The efficacy of the
pollution control measure system should be ascertained.
4. Emergency safety Arrangement: Safety
arrangements should remain ale|1 all the time. Staff equipped with requisite
awareness and alertness should be engaged to meet contingency.
5. Medical & Healthcare & Industrial
Hygiene: Adequate medical facilities should be maintained. A proper system
should be established to eliminate industrial unhygienic state.
6. Information Assimilation and Reporting
System: information System should be strengthened to generate and its
reporting system should be proper. A report of compliance of all statutory
environmental law should be put to Board at regular intervals. .
7. Regulatory Mechanism: Persons who are
directly working with the system are generally unaware of the latest
developments and requirements for the compliance of stipulations and standards
prescribed by the various regulatory authorities.
8. Environmental Impact Assessment: The
system should be designed to accommodate deviations in predictions from the
actual happening.
9. Concern for the Society: This aspect
should be considered to make a balance between its own development and the
society concern
10. Occupational Health: Safeguards against
occupational Health hazards should be made available for all the workers.
2007 - May [8] (d) Contents of Audit
report of Mutual Fund. (4marks)
Answer:
Contents
of Audit Report of Mutual Fund
The auditor’s report shall comprise the
following:
1. Whether
he has obtained all information explanations which, to the best of his
knowledge and belief, were necessary for the purpose of the audit.
2. Whether
the balance sheet and revenue account give a fair and true view of the scheme,
state of affairs and surplus or deficit in the fund for the accounting period
to which the Balance sheet or, as the case may be the Revenue account relates.
3. Whether
the statement of account has been prepared in accordance with accounting
policies and the standards as specified in Ninth Schedule.
Chapter#10 Audit
of Public Sector Undertaking
PROPERTY AUDIT
Meaning
|
·
“Propriety Audit stands for verification of
transactions on the test of public interest, commonly accepted customs &
standards of conduct”.
·
Propriety is that which meets the tests of
public interest, commonly accepted customs; and standards of conduct and
particularly as applied to professional performance, requirement of law.
Government regulations and professional codes” — E.L. Kohler.
·
If shifts the emphasis to substance of
transaction.
It requires transactions
(mainly expenses) to conform to certain general principles:
1.
Expense is not prima facie more than the
occasion demands and same degree of vigilance is exercised as should be
exercised in respect of his own money.
2.
Authority exercises its power of sanctioning
expenses to pass an order which will not accrue to its own advantage.
3.
Funds not utilized for benefit of a particular
person /group.
4.
Apart from agreed remuneration, no other
avenue is kept open to benefit management personnel, employees and others.
|
Problems in property audit
|
·
It is a moral term.
·
Auditing requires verifiable propositions,
establishment of which is very difficult for propriety audit.
·
It has inherent element of subjectivity.
·
However, CAG has developed norms of propriety
for expenses of public funds but may not apply to transactions of private
sector.
·
If management formulates norms of propriety
for the entity, the element of subjectivity will get reduced.
·
For example- Travel by air (It may be judged
as wasteful. However, it becomes feasible due to time saving).
·
The judgment of auditor shouldn’t be
subjective as far as possible.
|
Property element u/s 227 (1A)
|
·
Whether terms on which secured loans and
secured advances have been made are not prejudicial to the interests of the
company or its members. Conditions like security, interest, repayment period
and other business considerations.
·
Whether transactions of company which are
represented merely by book entries are not prejudicial to the interest of
company, i.e. effects of book-entries, unsupported by transactions, etc.
·
Whether investment of company (other than
Banking/Investment company) in form of share, debenture and other securities
have been sold at a price lower than its cost, i. e. to see reasonableness of
decision to sell at loss.
·
Whether personal expenses have been charged to
revenue.
|
Property element under cost
audit report
|
·
Matters appearing clearly wrong in principle
or apparently wrong.
·
Cases where company’s funds have been used in
negligent/inefficient manner.
·
Factors which could have been controlled but
haven’t been, thus, resulting in increase in cost of production.
|
Property elements in CARO,
2003
|
Has the company granted any loans, secured or unsecured
to companies, firms or other parties covered in the register maintained under
Section 301 of the Act. lf so, give the number of parties and amount involved
in the transactions. [Paragraph 4 (iii) (a)]
Whether the rate of interest and other terms and
conditions of loans given by the company, secured or unsecured, are
prima-facie prejudicial to the interest of the company. {Paragraph 4 (iii)
(b)]
Whether the receipt of the principal amount and
interest are also regular. [Paragraph 4 (iii) (c)]
If overdue amount is more than one lakh, whether
reasonable steps have been taken by the company for recover of the principal
and interest. [Paragraph 4 (iii) (d)]
|
|
Whether the particulars or arrangements referred
to in Section 301 of the Act have been entered in the register required to be
maintained under that section. [Paragraph 4 (v) (a)]
Whether transactions made in pursuance of such
contracts or arrangements have been made at prices which are reasonable
having regard to the prevailing market prices at the relevant time.
[Paragraph 4 (v) (b)]
[This information is required only in case of
transactions exceeding the value of five lakh rupees in respect of any party
and in any one financial year.]
|
|
Is the company regular in depositing undisputed
statutory dues including Provident fund, Investor Education and Protection
Fund, Employees’ State insurance, Income-Tax, Sales-tax, VAT, Service tax,
Wealth tax, Custom Duty, Excise Duty, Cess and any other statutory dues with
the appropriate authorities and if not, the extent of the arrears of
outstanding statutory dues as at the last day of the financial year concerned
for a period of more than six months from the date they became payable, shall
be indicated by the auditor. [Paragraph 4(ix) (a)]
|
|
In case dues of Income Tax/ Sales Tax/ Wealth
Tax/ Service Tax/ Custom Tax Excise Duty/ Cess have not been deposited on
account of any dispute, the amounts involved and the forum where dispute is
pending shall be mentioned. [Paragraph 4 (ix) (b)]
|
|
Whether adequate documents and records are
maintained in cases where the company has granted loans and advances on the
basis of security by way of pledge of shares, debentures and other
securities; if not, the deficiencies to be pointed out. [Paragraph 4 (xii)]
|
|
Whether the company has given any guarantee for
loans taken by others from bank or financial institutions, the terms and
conditions whereof are prejudicial to the interest of the company [Paragraph
4(xv)]
|
|
Whether the company has made any preferential
allotment of shares to parties and companies covered in the Register
maintained under Section 301 of the Act, and if so whether the price at which
shares have been issued is prejudicial to the interest of the company.
[Paragraph 4 (xviii)]
|
Question:
State the salient features of the
directions to the auditors of Government companies issued by the Comptroller
and Auditor General of India u/s 619(3) of the Companies Act, 1956 in relation
to:
(i) Assets and Investments, and
(ii)
Inventory and Contracting (8
Marks)(Final Nov 2006)
Answer:
(i)
Assets and Investments:
(i)
Whether the property and assets registers are
posted upto date and are reconciled with the financial books?
(ii)
Have the dates of installation and commissioning
of plant and Machinery been clearly fixed by the competent authority?
(iii)
Examine whether the company has a system of
monitoring the timely recovery of outstanding dues? Highlight the significant
instances of failure of the system, if any.
(iv)
State whether the cash and imprest balances were
physically verified during the year on a regular basis by an authorized office?
Highlight the inadequacies in this regard, if any.
(v)
Indicate whether the company has laid down an
investment policy? If yes, please indicate the salient features thereof.
(vi)
Whether the deposits with Banks/ financial
Institutions and others have been in accordance with laws. rules, regulations
etc.? Further state whether these were properly authorized by the competent authorities.
(ii)
Inventory and contracting:
(i)
Examine whether the company has prescribed the
following in regard to the stores:
a.
Maximum and minimum limits of stores and spares.
b.
Economic order quantity for procurement of stores.
(ii)
Examine whether the company usually makes
advance payments to suppliers contractors? If so indicate whether the company
has an efficient system for monitoring and adjusting such advances?
Chapter#11 Internal
Management and Operational Audit
2011- May [7] Attempt the following:
(d)
General objectives of an operational audit.
Answer:
General objectives of operational audit are
as follows:
(i)
Appraisal of controls: Operations and the
results in which management is interested are largely a matter of control. If
controls are effective in design and are faithfully adhered to the result that
can be attained then they will be subject to the other limiting constraints in
the organization.
(ii)
Evaluation of performance: The operational
auditor cannot be expected to possess technical background in so many diverse
technical fields obtaining even in one enterprise. Even when examining of
appraising performance or reports of performance the operational auditor’….. is
invariably fixed on control aspects.
(iii)
Appraisal of objectives and plans: In
performance appraisal, the operational auditor is basically concerned with
effectiveness, efficiency and economy with which operations are being carried
on and not so much with how well technically the operation are going on.
(iv)
Appraisal of organizational structure: In
evaluating organizational structure, the operational auditor should consider whether
the structure is in conformity with the management objectives and it is drawn
up on the basis of matching of responsibility and authority. He should also
analyse whether line of responsibility has been fixed whether delegation of
responsibility or authority is clear and there is not overlapping area.
2008- May [4] Answer the following:
What
are the major differences between Financial and Operational Auditing?
(8 marks)
Answer:
The
major differences between financial and operational auditing can be described
as follows:
(v)
Purpose: The
financial auditing is basically concerned with the opinions that whether the
historical information recorded is correct or not, whereas the operational
auditing emphasizes on effectiveness and efficiency of operations for future
performance.
(vi)
Area:
Financial audits are restricted to the matters directly affecting the
appropriateness of the presented financial statements whereas the operational
audit covers all the activities that are related to efficiency and
effectiveness of operations directed towards accomplishment of objectives of
organisation.
(vii)
Reporting:
The financial audit report is sent to all stock holders, bankers and other
persons having interest in the organisation. However, the operational audit
report is primarily for the management.
The main objective of operational auditing is to verify the
fulfillment of plans, and sound business requirements. Operational auditing is
considered as specialized management information tool. Operational auditing is
essentially a function of internal auditing staff. Operational auditing is a
systematic process of evaluating an organisation’s, effectiveness, efficiency
and economy of operations under management control and reporting to appropriate
persons, the result on the evaluation along with recommendations for
improvements. Operational audit concentrates on effectiveness, efficiency and
economy of operations and therefore it is future oriented. It does not end with
the reporting or the findings but also recommends the steps for improvements in
future. Operational auditing is not different from internal auditing, it is
merely an extension of internal auditing into operational areas.
While in financial auditing, the concentration is more in the
financial and accounting areas to ensure that possibilities of loss, wastage
and fraud are minimized or removed. In financial auditing, an auditor is called
upon to review the financial statements of an enterprise to ascertain whether
they reflect true and fair view of its state of affairs and of its working
results. He may analyses the operations of an enterprise to appraise their cost
effectiveness and also he may seek evidence to review the managerial
performances.
1998-Nov [7] (a) Mention the nature and
causes of behavioural problems livery to be faced by Management auditor. (8 marks)
Answer:
Behavioural aspects encountered in a Management Audit
Financial auditors
deal mainly with figures. Management auditors deal mainly with people. There
are many causes for behavioural problems arising in the review function of
management audit. i Particularly, when management auditors performs
comprehensive audit of operations, they cannot be as well informed about such
operations as a
financial auditor in a financial department. Operating processes may be
unfamiliar and complex. The operating people may be speaking a language and
using terms that are foreign to the auditor's experience. The nature and causes
of behavioural problems that the management auditor is likely to face in the
discharge of the review function that is expected of him and possible solutions
to overcome these problems are discussed below:
1. Staff/Line conflict: Management auditors are staff people while
the members of other departments are line people. Management auditors tend to
discount the difficulties the line staff may face, if called on to act on the
ideas of management auditors. Management auditors are specialists in their
field and they may think their approach and solutions are the only answers.
2. Control: The management auditor is expected to evaluate the
effectiveness of controls, there is an instinctive reaction from the auditee
that the report of the auditor may affect them. There is a fear that the action
taken based on the management audit report will affect the line people. it
breeds antagonism. The causes are as under:
(i)
Fear of criticism stemming from adverse audit
findings.
(ii)
Fear of change in day to day working habits
because of changes resulting from audit recommendations.
(iii)
Punitive action by superior prompted by reported
deficiencies.
(iv)
Insensitive audit practices.
(v)
Hostile audit style.
Solution to behavioural problems: The following steps may be taken
to overcome the aforesaid problems:
(i)
To demonstrate that audit is part of an overall
programme of review for protective and constructive benefit.
(ii)
To demonstrate the objective of review is to
provide maximum service in all feasible managerial dimensions.
(iii)
To demonstrate the review will be with minimum
interference with regular operation.
(iv)
The responsible officers will be involved in the
process of review of the findings and recommendations before the audit report
is formally released.
(v)
it is essential to create an atmosphere of trust
and friendliness so that audit reports will be understood in their proper
perspective.
Finally, it needs
hardly any emphasis that there should be right management culture, enlightened,
auditees and auditors of the right calibre. May be to expect a combination at
all times of all the three is asking for the impossible. But, a concerted
effort by the management, auditors and auditees to achieve a more acceptable
climate would go a long way to achieve the goal.
2007- May [7] (b) K Ltd., requires you
to organize a Management audit program. Briefly ate a plan of action.
(8
marks)
Answer:
Organizing a Management Audit for K Ltd.: The key requirement for a
successful Management audit program would be the approval and support of the
top management to initiate. Accordingly the following shall be the matters that
should be considered while organizing the Management Audit of K. Ltd.
(i)
Devising
a statement of policy: in consultation with the top Management, a policy
statement on Management should be issued. The policy should ideally cover the
scope, objective, the authority of the management audit function. In short the
policy should be drafted to become a charter of Management Audit.
(ii)
Location
of audit function within the organization: The hierarchical status of the
Management auditor and his team should be clearly defined.
(iii)
Allocation
of personnel: The Management audit team should comprise of personnel who
have adequate experience on all the facets of the organization, ideally it
should comprise of technical audit team.
(iv)
Staff
Training: In order to maintain qualitative standards, adequate and
continuous training should be offered to the Management audit team.
(v)
Time
and other aspects: While planning management audit adequate consideration
should be given to time & cost involved in conducting the audit.
(vi)
Frequency
of audit: Depending on the pace of change that happens in that industry,
the frequency of the Management audit should be determined. This can be fixed
in consultation with the top Management.
Chapter#12 Investigation
STEPS IN INVESTIGATION
Determine scope/objectives of
Investigation
Formulate Investigation programme.
Examine/ Study various records
Analysis, Interpretation of finding.
Preparation of report.
INVESTIGATION ON BEHALF OF INCOMING PARTNER
Main Purpose
|
·
Sometimes, the incoming partner appoints the
investigator to examine the affairs of the partnership firm.
·
Here the incoming partner is interested in
judging whether the terms and conditions offered to him are reasonable.
·
On the basis of investigation, he wants to
decide whether it is feasible and desirable for him to join the said firm.
|
Considerations by investigator
|
(i)
First of all, he should ascertain the reasons
for offer of admission to a new partner.
(ii)
Then he should study the history and growth
pattern of the firm.
(iii)
He should study financial statements of
previous 3-5 years to determine its profitability in past years.
(iv)
Compare the rate of return in the said firm
with the common rate of return in the said field.
(v)
He should also examine assets and liability
position of the firm.
(vi)
He should pay proper attention to any hidden
liability or overvalued asset.
(vii)
Investigator should carefully study the
provisions of the partnership deed.
(viii)
Special attention should be given to some
specific points w.r.t. partnerships, such as profit sharing ratio, interest
on capital etc.
(ix)
Manner of computation of goodwill on admission
and retirement of a partner should be ascertained.
(x)
The reputation of the firm as well as that of
partners should be properly ascertained.
(xi)
He should study the quality i.e. skill and
competence of key management personnel.
(xii)
He should study the important contracts etc.
For example, any lease contract.
|
INVESTIGATION ON BEHALF OF BANK PROPOSING
TO ADVANCE LOAD TO ACOMPANY
1. Main Purpose
|
Whenever a prospective borrower
approaches the bank for loan, the bank is primarily interested in knowing
·
the purpose for which a loan is required.
·
the source from which it would be repaid; and
·
the security offered by the borrower
|
2.
Investigator
should obtain knowledge on
|
·
The loan proposal submitted by borrower.
·
The purpose for which the loan is required and
its repayment schedule.
·
The creditworthiness and reputation of the
board of directors.
·
The Memorandum or the Articles of Association
of the company to assure that it is in fact empowered to borrow money.
·
The historical background and growth trend of
the company during the past years.
·
Other loan obligations of the company, if any
to check whether the company is regular in paying instalments thereon.
·
The growth and profit prospects of the company
considering present economic scenario.
|
3.
Examination
of Profitability and stage of affairs.
|
·
The investigating accountant should prepare a
condensed income statement from the P&L account for the previous five
years so that it can be ascertained whether the company has strong past as
far as profitability is concerned.
·
Moreover, he should compute profitability and
financial ratios such as Debt equity and current ratios so that overall
position of the company can be judged.
·
The investigator should also study the cash
flow statements of the company to decide whether there has been consistent
cash flow from the operating activities.
·
He should study various items of balance
sheet. Assets are examined to ensure their existence, ownership and proper
valuation. Special attention should be given to possibility of their
overvaluation in the financial statements
·
intentionally to show strong financial
position. It should also be ascertained that various assets are properly
insured.
·
Liabilities should be ascertained to ensure
the company’s present and future obligations. It should also be examined
whether all liabilities have been included by the management.
·
Moreover, he can devise projected statements
so that recoverability of loan can be judged.
·
These will help the bank to decide whether to
grant loan to the applicant or not.
|
Investigation of Frauds
1. Cash Receipts
|
(i)
First of all different sources from which
income is generated, should be ascertained.
(ii)
Sometimes the management/A Employees do not
account for income from some source at all. Thus, it should be ascertained
whether income from all sources is accounted or not.
(iii)
Income from small or negligible source like
sale of old newspaper should be carefully examined as chances of manipulation
in such accounts are high.
(iv)
Copies of receipts should be carefully
checked.
(v)
Receipts from customers should also be
properly examined.
(vi)
Unreasonable cash discounts shown in the books
should be properly enquired into.
(vii)
It should also be ensured that receipts are
serially numbered and all receipts have been accounted for.
(viii)
In case of any cancelled receipt, its original
copy should be properly scrutinized.
|
2. Cash Payments
|
(i)
Internal Controls on cash payment should be
carefully examined to ensure that all payments are properly authorized by
competent authority.
(ii)
Acknowledgement for payment should be matched
against the bill raised by the relevant party.
(iii)
Payments by bearer cheque can be manipulated,
thus such payments should be carefully examined.
(iv)
Small payments such as patty cash expenditure
should be thoroughly examined.
(v)
Any unusual payment such as exceptional rise
in traveling expenses as compared to that of previous year should be further
inquired into.
(vi)
Possibility of fake payment to dummy workmen
is particularly high in some industries such as construction houses. Thus
investigator should carefully examine internal controls over this area such
as biometric entry.
(vii)
Alterations made in payment records should
also be carefully examined.
(viii)
Payments to related parties should be
specially enquired as possibility of manipulations is high therein.
|
3. Balance in
Customers
Ledger
|
(i)
Trace the entries in order book with the
corresponding record in sales daybook.
(ii)
Examine customer’s account to ensure that they
have been properly debited at appropriate amount.
(iii)
The amounts written off as bad debt should be
carefully examined.
(iv)
Any unusual discounts given to them should be
thoroughly enquired into and written representation should be obtained from
appropriate authority in this connection.
(v)
Attention should be given to the teeming and
lading frauds in such accounts.
(vi)
Balance confirmation from customers should be
obtained.
|
4. Balance in
Suppliers
Ledger
|
(i)
Goods inwards book should be examined w.r.t.
entries made in supplier’s account.
(ii)
Examine that credits have been raised in
respect of actual goods received.
(iii)
Carefully examine whether rebates given by
them have been appropriately adjusted or not.
(iv)
Special attention should be given to such
accounts where supplier is a related party.
(v)
Balance confirmation from them should be
obtained to confirm amount due to them.
|
5. Stock Defalcation
|
(i)
Confirm whether there is strict internal
controls over receipt, issue & storage of stock.
(ii)
There should be stringent controls w.r.t. high
value stock.
(iii)
The honesty and ethical values of persons in
charge of stores should be inquired into because generally fraud in stores is
possible through collusion among employees.
(iv)
Investigator should carefully go through the
various records relating to inventories.
(v)
He should physically check the quantities and
reconcile them with those shown in records.
(vi)
Any shortages observed therein should be
further investigated.
(vii)
Small items of inventories should also be examined
to rule out the possibility of pilferages.
|
DUE DILIGENCE
1. Meaning
|
·
This term is used in relation to corporate
restructuring.
·
Corporate restructuring includes internal
reconstruction, amalgamations, mergers, joint ventures, etc.
·
However, Corporate restructuring involving
more than one party should be planned properly. Thus, in such cases, due
diligence is conducted.
·
Thus, due diligence review is performed to
check whether it is feasible and desirable to acquire/ merge the unit.
|
2. Components of D.D.
|
Discipline-wise it can be
classified as follows:
·
Commercial
/ Operational Due Diligence: i.e. to check whether the target is
commercially feasible.
·
Financial
Due Diligence: To check the financial feasibility of the target by
examining the financial statement and devising their profit trends.
·
Tax Due
Diligence (Direct and Indirect): Whether the target is paying appropriate
taxes on a regular basis. Moreover, ascertain what the tax benefits available
to target are.
·
Information
System Due Diligence: Whether information system of target is providing
right information to the right management at the right time in the right
quantity.
·
Legal
Due Diligence: Whether the target is complying with all the applicable
laws and regulations.
·
Environmental
Due Diligence: To check the compliance of target with environmentally
related rules and regulations.
·
Personnel
Due Diligence: To ascertain whether the employees of target company are
competent and efficient.
|
FINANCIAL DUE DILIGENCE
Relation with other D.D.
|
Sometimes, the financial due diligence is
interpreted as Complete Due diligence, since it is supposed to ascertain the
financial implication of all other Due Diligence. This is however not appropriate.
It is less than over all Due Diligence review.
|
|
Coverage
|
Brief History of Target and
Background of its Promoters
|
The author should begin the financial due
diligence by looking into the history of the company and background of its
promoters. The following points should be considered by the auditor:
·
How the company was set-up and who were the
promoters;
·
Market share enjoyed by the target in past and
change therein;
·
Any regulatory requirement in past that may
have impact on the business of the target.
·
Relevant inquiry about the history of target’s
business, product, expenses, suppliers, markets, etc.
|
|
Accounting Policies
|
The auditor should consider the following points in relation to
Accounting Policies:
·
What Accounting Policies are followed by the
target.
·
Whether Accounting Policies followed by the
target are appropriate.
·
Consider the effects of the recent changes in
Accounting Policies.
·
Whether target has not changed its Accounting
Policies recently with an intention to sell itself.
·
The areas in which Accounting Policies
followed by the target and the acquiring enterprises are different and impact
of such difference.
|
|
Review of Financial Statement
|
The following points should be considered:
·
Whether the financial statement is prepared in
accordance with relevant financial reporting framework required for
preparation and presentation of financial statements.
·
Review the operating result of the target in
detail, as the price of the target is largely based upon its operating
results.
·
Consider the presence of any extra-ordinary
item of income or expenses that might have affect the operating results.
·
Compare the actual figures with the budgeted
figures.
·
Consider the basis upon which assets have been
valued and liabilities have been recognized.
·
Check whether the net worth of the business
has been arrived by taking into account the impact of over / under valuation
of assets and liabilities.
·
Pay particular attention to the valuation of
Intangible assets.
·
Look specifically for any hidden liabilities or
overvalued assets.
|
|
Taxation
|
He should consider the following points in relation to taxation:
·
Whether company is regular in paying various
taxes to the Government.
·
Whether the registration of the enterprises
has been made under the various tax law.
·
Consider the tax effects of the merger or
acquisition.
·
Verify whether any tax holiday is available to
the target.
|
|
Cash Flow
|
He should review the cash generating abilities of
the target company by considering the following points:
·
Whether the company is able to meet its cash
requirement through internal sources or it has to seek external help.
·
Whether the company is able to honor its
commitments with its creditors, bank, Government, Stake-holders, etc.
·
lf the company is able to generate cash from
its debtors on a timely basis.
·
Whether any fund lying idle with the company.
·
Whether company is reaping more benefits out
of the available funds.
|
|
Financial Projections
|
The following points should be considered:
·
The auditor should obtain the projection of
next 5 years from the target company.
·
Auditor should ask them to give projections on
optimistic, pessimistic and most likely basis.
·
Evaluate the assumptions used in preparation
of financial projection.
·
Mention in the report if auditor feels that
the projections provided by the target are not achievable or aggressive.
|
|
Management and Employees
|
In his regard, he should consider the following points:
·
Check whether all the Employee benefits like
P.F., ESI, Gratuity leave encashment, etc. have been properly paid or provided.
·
The auditor should consider whether the
assumption regarding increase in salaries etc. are reasonable.
·
Consider whether all the eligible employees
have been covered for PF, ESI, etc
·
Check whether the pay packages of the key
employees are appropriate or need to be revised in near future.
·
Identify those key employees who will not
continue after the acquisition.
|
|
Statutory Compliance
|
This is the aspect that the auditor should investigate in detail:
·
Make a list of the various laws that are
applicable to the entity.
·
Check whether company is liable for any
Punitive charges for non-compliance of such laws.
|
CONTENTS OF DUE DILIGENCE REPORT
Ø
Summary
Ø
History of Target
Ø
History of Promoters
Ø
Review of Operational D.D.
Ø
Review of Financial D.D.
Ø
Review of Tax D.D.
Ø
Review of Information System D.D.
Ø
Review of Legal D.D.
Ø
Review of Environmental D.D.
Ø
Review of Personnel D.D.
Ø
SWOT Analysis.
Ø
Suggestion.
|
Question:
Your client is contemplating taking
over a manufacturing concern and desires that in the course of due diligence
review, you should look specifically for any hidden liabilities and overvalued
assets.
State (in brief) the major areas you
would examine for the above. (8 Marks)(Final Nov 2005)
(Final Nov 2010)
Answer:
Due diligence is
undertaken to review all important aspects like financial, legal, commercial,
etc. before taking any final decision in the matter. As far as any hidden
liabilities or overvalued assets are concerned, this shall form part of such a
review. Normally, cases of hidden liabilities and overvalued assets are not
apparent from books of accounts and financial statements.
Hidden
liabilities
v
Product and warranty liabilities, product
returns & discounts, liquidated damages, etc.
v
Contingent liabilities not shown in books
v
Any show cause notice, which have not matured
into demands but may be material and important.
v
Letters of comforts given to banks and financial
institutions
v
Tax liability under direct and indirect taxes.
v
Long pending sales tax assessment.
v
Cases of custom duty where only provisional
assessment has been made and final assessment is yet to completed.
v
Claims against the company including third party
claims.
v
Future lease liabilities.
v
Agreement to buy back shares at a stated price.
v
Labour claims under negotiations.
v
Unfunded retirement benefit of employees.
Overvalued
assets: The auditor shall have to specifically examine the following areas:
v
Obsolete, slow and non-moving inventories and
inventories valued above net realizable value, if any.
v
Obsolete and unused plant and machinery and their
spares.
v
Investment shown at cost whose market value is
much lower.
v
Assets shown in books above market value due to
capitalization of revenue expenditure.
v
Intangibles of no value.
v
Uncollectable receivables.
v
Investment carrying very low rate of return.
v
Assets under litigation.
Chapter#13 Peer
Review
INTRODUCTION
Ø
The concept of Peer review first came into
existence in March 2002.
Ø
Peer review is conducted to assure that
profession is conscious of its responsibilities and strive its best to ensure
that highest standards are observed by all practicing members rendering audit
and attestation services to the society.
Ø
It involves examination of the systems and
procedures of the PU (Practice Unit).
Ø
To ensure that in professional assignments, the
member of ICAI,
(a) Comply with technical standard, and
(b) Have proper system to maintain quality of
work.
PEER REVIEW PROCESS
Stage I: Planning
|
Empanelment of
Reviewers
|
A panel of reviewers is maintained by the Peer Review Board. He
should be:
(a) a
member of ICAI;
(b) possessing
at least 10 years experience of audit; and
(c) currently
active in the practice; and
(d) free
from any obligation or conflict or interest in the reviewed firm or its
partners or personnel.
|
|
Selection of the
Practice Unit
|
PU’s are selected for Peer Review on a random basis, as per
applicability.
|
|
Intimation to the
Practice Unit
|
An Intimation in writing is sent by the Board to the practice unit
informing of its selection for peer review. The following documents shall
also be sent to the practice unit.
(i) A copy of the statement on Peer Review.
(ii) A panel of three reviewers.
(iii) A copy of the questionnaire.
|
|
Initial
Communications by
the Practice Unit
|
·
The practice unit is required to communicate
to the Board, its choice of the reviewer within a period of 15 days from the
receipt of intimation.
·
The practice unit is also required to complete
and send the questionnaire to the reviewer within one month of the receipt of
the intimation, along with a complete list of its attestation service
engagement clients.
·
The reviewer is entitled to seek such other
information also as the reviewer considers necessary.
|
|
Selection of Sample
Attestation Service
Engagements
|
·
The reviewer also selects a sample of
attestation service engagements on random basis for review.
·
The reviewer is required to select a sample
that is representative of the practice unit’s client portfolio.
|
|
Communication of sample
selection
|
·
The reviewer sends a written intimation to the
practice unit about the sample selected by the reviewer, two weeks in
advance, from the date the reviewer intends to begin the review.
·
The intimation also contains a request for
ready availability of that relevant records.
|
|
Confirmation of visit
|
·
The reviewer, in consultation with the
practice unit, is required to fix the date(s), for on-site review.
·
Date(s) are to be fixed in a manner so that
the peer review process is completed within four months of the receipt of
intimation by the practice unit.
|
Stage II:
Execution
|
·
Such visits will be conducted at the practice
unit's head office.
·
The reviewer may not visit a branch (outside
the city/ town limits from head office) of practice unit unless the turnover
of attestation functions of that branch is more than one million rupees.
·
In such a case, he may instruct the practice
unit to get relevant records to the head office.
|
|
|
Initial Meeting
|
·
An initial meeting should be held between the
reviewer and the partner (designated by the practice unit for the purpose) or
the sole proprietor of the practice unit.
·
The purpose of the meeting is to confirm the
accuracy of responses to the questionnaire.
·
The reviewer should have a full understanding
of the systems and procedures at the conclusion of the meeting.
|
|
Compliance Review
|
·
The reviewer should carry out the compliance
review of the five general controls, i.e., independence, maintenance of
professional skills and standards, outside consultation, staff supervision
and development and office administration.
·
The reviewer should review these general
controls to gain an understanding of the working of the practice unit and
specific control procedures existing at the practice unit.
·
Apart from making inquiries with the personnel
concerned, the reviewer may adopt other procedures to establish the fairness
of the responses by the practice unit to the questions. Selection of other
procedures or techniques is a matter of the reviewer's judgment.
|
|
Selection of Attestation
Service Engagements
|
·
The number of attestation service engagements
to be reviewed depends upon the number of practicing members involved, degree
of reliance to be placed on general controls and the total number of
engagements undertaken by the practice unit during the period under review.
·
The reviewer may modify the initial sample
selected for review in consultation with the practice unit at the execution
stage.
|
|
Review of Records- Compliance
and substantive Approach
|
·
The reviewer may adopt the compliance approach
in determining the nature, timing and extent of the substantive review
procedures to be applied in review.
·
The reviewer should conduct adequate
compliance procedures to gain an evidence that those general controls on
which the reviewer intends to rely operate effectively.
·
Based on the results of compliance procedures,
the reviewer concludes either to rely or not to rely on the general controls.
·
The compliance approach may not be warranted
if the size of the firm is small or medium. In such a case, the reviewer may
adopt only substantive approach for conduct of review.
·
Review of working papers helps in deciding as
to whether the attestation services have been undertaken in accordance with
the prescribed technical standards.
|
|
Obligations of the Practice
Unit
|
·
The Statement requires the practice unit to
produce to the reviewer or afford him access to, any record or document which
contains information relevant to the peer review.
·
The practice unit is also expected to provide
all assistance to reviewer.
·
Reviewer may take the abstracts of the
documents maintained by the practice unit, but in order to ensure the
confidentiality of client's file with the practice unit, the reviewer shall
not carry extracts of the client's files or records acquired by him while
conducting peer review, as part of his working papers.
|
Stage III:
Reporting
|
Preliminary Report of Reviewer
|
·
At the end of the on-site review, the reviewer
is required to send a preliminary report to the practice unit before making
any report to the Board on the areas in case systems and procedures of the
practice unit reviewed have been found to be deficient or where
non-compliance has been noticed by the reviewer.
·
The reviewer has to take care that the report
does not contain name of any individual of the practice unit. However, no
preliminary report is required in case no deficiencies or non- compliance are
noticed by the reviewer.
·
The preliminary report is addressed to the
practice unit.
·
If the reviewer draws a conclusion that there
existed a limitation on scope of review, the fact, should also be
communicated to the practice unit through the preliminary report.
·
The reviewer should prepare the report on his
letterhead.
·
The report should be dated and also contain
the reviewer's signature and membership number and reviewer's code number
allotted by the Board.
|
|
Reply to Preliminary Report
|
·
The practice unit has to send its
representations, in writing, to the reviewer, on the areas mentioned in the
preliminary report.
·
The reply to the preliminary report should be
sent by the practice unit within a period of 21 days from the receipt of the
preliminary report from the reviewer.
|
|
Qualified Report of the
Reviewer
|
·
If the reviewer is not satisfied with the
reply of the practice unit, the reviewer has to submit a qualified report to
the Board.
·
The report so submitted should clearly
indicate that it is a "qualified report".
·
The Board may then order after twelve months
for follow up review.
·
He is then required to submit the follow up
report to the Board for consideration.
|
|
Final report of the Reviewer
|
·
If the reviewer is satisfied with the reply of
the practice unit, the reviewer shall submit his final report to the Board.
·
The final report should incorporate the
findings as discussed with the practice unit.
|
Chapter#14 The
Sarbanes-Oxley Act 2002
INTRODUCTION
Enron scandal
|
·
Enron was an American energy Company, mainly
engaged in Production of Energy, gas and Pulp and Paper.
·
7th Fortunes I00 best American Companies of
U.S.
·
It claimed revenue of 111 Billion.
·
Assets and Profits inflated.
·
Profits and Revenue generated due to
transactions with related parties.
·
Understatement of Liabilities.
·
Insider Trading.
·
Sherron Watkins (Whistle blower).
·
‘Knneth Lay’ (CEO) and ‘skilling’ were mainly
charged for fraud.
·
Artthur Anderson (Name of firm) was their
Auditor and Consultant both. They were charged for negligence in performing
Professional duties.
·
Price of share of Enron dropped from $90 to
$50. Bankrupt in late 2001.
·
Arthur Anderson facing many Civil and Criminal
cases against them.
|
Worldcom scandal
|
·
US Second largest long distance Phone Company.
·
It showed false financial growth and
Profitability to raise its share price.
·
Expenditure of $7 billion had been
capitalized.
·
Its revenue was inflated by $2 billion.
·
Assets were inflated by $ 11 Million.
·
Security Exchange Commission started
Investigation in 2002.
·
As a result, Major frauds were revealed and
finally in 2004. it was declared Bankrupt.
|
Effect
|
·
These scandals resulted in decline of public
trust in accounting and reporting practices.
·
The Sarbanes-Oxley Act of 2002, also known as
the Public Company Accounting reform and Investor Protection Act of 2002 and
commonly called SGX or Sarbox is a United States federal law passed in
response to a number of major corporate and accounting scandals including
those affecting Enron and Worldcom.
·
The Act establishes a new quasi-public
authority, the Public Company Accounting Oversight Board for overseeing,
regulating, inspecting and disciplining accounting firms in their roles as
auditors of public companies.
·
The Act covers issues such as auditor
independence, corporate governance and enhanced financial disclosure.
|
Major provisions of SOX
|
The Sarbanes-Oxley Act’s major
provisions include the following:
·
Creation of the Public Company Accounting
Oversight Board (PCAQB);
·
A requirement that public companies evaluate
and disclose the effectiveness of their internal controls, as they relate to
financial reporting and that independent auditors for such companies “attest”
to such disclosure.
·
Certification of financial reports by chief
executive officers and chief financial officers;
·
Auditor Independence;
·
A requirement that companies listed on stock
exchanges have fully independent audit committees;
·
Ban on most personal loans to any executive
officer or director;
·
Accelerated reporting of insider trading;
·
Prohibition on insider trades during pension
fund blackout periods;
·
Additional disclosure;
·
Enhanced criminal and civil penalties for
violation of securities law.
·
Significantly longer maximum jail sentences
and larger fines for corporate executives who knowingly and willfully
misstate financial statements;
·
Employee protections allowing those corporate
frauds whistle blowers who file complaints with OSHA within 90 days.
|
SOX 404 REQUIREMENT
Client Management Must
|
·
Document and test the Internal Control over
financial Reporting.
·
Issue an annual assertion on the effectiveness
of Internal Control over Financial Reporting.
|
External Auditor must
|
·
Determine nature, timing and extent of
testing.
·
Review work performed by Management.
·
Perform some Independent tests of control.
·
Attest and report on:
Ø Management
404 assertion process.
Ø Design
and effectiveness of Internal Controls.
|
Assertions
|
In order to make the assertion,
the client must:
·
Document and evaluate the design of controls.
·
Evaluate the operating effectiveness of
significant control.
·
Document the result of the evaluation.
·
Identify significant deficiencies or Material
weakness.
·
Communicate the findings (Material Weaknesses)
to Independent Auditors.
|
INFORMATION TECHNOLOGY AND SOX 404
Relation
|
·
The financial reporting processes of most
organizations are driven by IT systems.
·
Few companies manage their data manually and
most companies rely on electronic management of data, documents and key
operational processes.
·
Chief information officers are responsible for
the security, accuracy and the reliability of the systems.
·
ERP (Enterprise Resource Planning) are deeply
integrated in the initializing, authorizing processing and reporting of
financial data.
|
|
COSO framework
|
The COSO framework defines five
areas. The objectives of COSO Framework aim at:
1. Operational Effectiveness.
2. Financial Reporting (Better and in timely
manner).
3. Compliance with Regulatory Requirements.
|
|
|
Components of internal Control Framework as defined by COSO are as
follows:
|
|
|
Control Environment
|
As per the Requirements of COSO framework, the
control environment in the organization should be such that the top
Management should assume ‘its full responsibility for entire Internal Control
structure.
|
|
Risk Assessment
|
The Management should undertake the Risk
Assessment Procedure. It means that they should evaluate Internal and
External factors that may have an Impact on the organization.
|
|
Control Activities
|
The Control Activities are specific Policies and
Procedures which are undertaken to ensure correctness of some specific
assertions. It helps the management to reduce the risk to an acceptably low
level.
|
|
Information and Communication
|
The management should ensure that relevant
information is identified and communicated in a timely manner to the
Responsible Officer.
|
|
Monitoring
|
Monitoring refers to the process undertaken by
Management to determine whether I.C. System is adequate or not.
|
Information Technology &
SOX 404
|
Section 404: Requirement
1.
I.C. Report by Management.
Attested
by Auditor
Filed in SEC
2.
Now-a-days most of the Companies maintain
their accounts in CIS.
3.
Those Internal Controls are different from
those in Manual System.
4.
I.C.
General
I.C.
Application
I.C.
5.
Thus management should evaluate whether their
I.C. relating to financial Reporting in CIS are adequate.
6.
In CIS
|
IMPLEMENTATION OF DISCLOSURE CONTROLS AND
PROCEDURES
·
Disclosure Controls and Procedures are meant to
ensure that all the information required by law to be included in the periodic
reports filed with the SEC is made available to those responsible for preparing
them in a complete and timely fashion.
·
The Disclosure Controls and Procedures should be
crafted in such a way that they are easy to follow and practical to implement.
·
They should be in writing and should be
customized to reflect the operations of the company and its particular risk
profile.
·
A list of suggestions is given below:
Disclosure Committee
|
A disclosure committee may be
established charged with assisting the CEO and CFO in developing, writing and
overseeing Disclosure Controls and Procedures.
|
Inventory of Current
Procedures
|
To take an inventory of the company’s existing practices and
weaknesses with regard to:
·
preparing annual reports;
·
the handling of whistle blowers complaints
with respect to the company’s disclosure;
·
the review of any matters raised by the
company’s independent auditors ,and
·
the retention of relevant documents.
|
Identification of Personnel
|
The disclosure committee should identify persons
both inside and outside the company whose input is critical to the disclosure
process.
|
Preparation of Controls and
Procedures Timetable and Check list
|
The disclosure committee should disseminate
internally a Control and Procedures check list which fills in any gaps and
fixes any weaknesses discovered by the inventory.
|
Backup certifications
|
Companies may wish to consider
obtaining “backup” support certifications from certain officers that confirm
the certifications of the CEO and CFO.
|