CA NeWs Beta*: Order on more disclosures in auditor’s report to pose many a challenge

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Saturday, April 9, 2016

Order on more disclosures in auditor’s report to pose many a challenge


The auditor’s report that accompanies company balance sheets this year will pose a number of challenges for auditors of companies in India. The Companies (Auditor’s Report) Order (CARO) 2016, is applicable to all companies (except those specifically exempted such as banks, insurance
companies, small private companies) for the financial year ended March 2016.
The notification from the Ministry of Corporate Affairs about the new order was put out on March 29. So, companies that announce their annual results within the next 10-15 days and their auditors will have to burn the midnight oil to comply with some of the additional requirements that have come up in the new order.
Specific comment

Sandeep Shah, Partner, NA Shah Associates, Chartered Accountants, reacting to the changes, said the steps were generally positive, although they increased the onus on auditors. Some requirements may compel a tendency towards ‘over disclosure’ in order to play safe, he said.
Auditors now need to specifically comment on compliance with section 177 and section 188 of the Companies Act 2013 with respect to related party transactions and also confirm whether disclosure in accordance with accounting standards (AS) have been made or not. Now a dilemma could arise about whether the related party definition should be taken as per accounting standards or those given in the companies Act. Besides, validating the arm’s length price continues to remain a challenge, Sandeep said.
Non-cash dealings

Sandeep drew attention to the new requirement in CARO about whether companies have complied with Section 192. This section deals with whether the company has entered into a non-cash transactions with a director or persons connected to a director. Shah said that the term ‘persons connected to a Director’ was not defined and was too broad. This could result in placing too much of a burden on the auditor, he said.
He lauded the increase in threshold limits for applicability of CARO 2016 to private companies as a positive development. However, a private company, which is a subsidiary, or holding company of a public company, would now be covered under CARO, 2016 thereby expanding applicability for such private companies, he added.
Standalone financials

CARO was earlier applicable to standalone as well as Consolidated Financial Statements, whereas now, reporting requirements are only to the extent of standalone financials, he said. Welcoming this step as a significant saving of time, he said that this would ensure only relevant matters are reported to the members of the company.
Another new clause added on reporting on compliance with provisions of Section 185 and 186 of Companies Act 2013 in respect of loans, investments, guarantees and security will be challenging considering the diverse views currently on the applicability of those sections

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