Free Invoice Generator – Luzenta

Clause 39 of the tax audit report requires an auditor to disclose specific information when an audit has been conducted under section 72A of the Finance Act, 1994. This section deals with audits in relation to the valuation of taxable services. While the scope appears narrow, the requirement carries significant responsibility because it ensures that disagreements or disqualifications identified in such audits are properly documented and reported. The clause forms an important checkpoint in the overall compliance reporting under the tax audit framework.

In practice, many auditors and assessees may not have encountered audits under section 72A frequently. However, the clause emphasizes that whenever such audits occur, auditors must not overlook the disclosure requirement. The guidance note issued by the Institute of Chartered Accountants of India elaborates on the responsibilities of auditors under this clause, providing clarity on when and how to report.

This article aims to provide a detailed understanding of Clause 39, its context, reporting requirements, scenarios encountered in practice, and the challenges faced by auditors.

Context of Section 72A of the Finance Act, 1994

Section 72A of the Finance Act, 1994 relates to audits of service tax assessees. The section empowered designated authorities to conduct special audits in cases where the revenue authorities considered the declared value of taxable services to be understated or where the accounts of the assessee required closer scrutiny. The provision was typically invoked when there were reasons to believe that the value of taxable services had not been correctly assessed.

The intention behind this provision was to ensure proper valuation and compliance under service tax laws. In such situations, the Commissioner could direct that the accounts of an assessee be audited by a nominated chartered accountant or cost accountant. The auditor appointed under this section had the authority to examine valuation issues, records, and transactions in depth.

For tax auditors conducting statutory tax audits, Clause 39 requires disclosure of whether any such audit under section 72A has been carried out during the relevant previous year. If yes, the auditor must report whether there were any disqualifications or disagreements identified in relation to matters of value, item, quantity, or other issues.

Applicability of Clause 39

The reporting under Clause 39 becomes relevant only when an audit under section 72A has actually been conducted during the relevant previous year. The clause does not require auditors to confirm the applicability of section 72A itself. Instead, it requires disclosure only if such an audit has taken place.

This leads to three possible situations for auditors:

• No audit conducted under section 72A:
  If no such audit has been carried out, the auditor has no reporting obligation under Clause 39. There is no requirement to mention the non-applicability of the section in the report.

• Audit conducted under section 72A and completed:
  If an audit has been carried out and completed, the tax auditor must obtain details from the assessee and management. The auditor must report whether any disagreement or disqualification was identified by the auditor conducting the section 72A audit.

• Audit under section 72A initiated but not completed:
  If the audit is in progress and the report is not available with the assessee, the tax auditor should specifically state this fact in the tax audit report. This ensures transparency and avoids assumptions about the outcome of the audit.

Role of the Tax Auditor

The responsibility of the tax auditor under Clause 39 is disclosure-based rather than evaluative. The tax auditor is not required to express an opinion on the findings of the audit under section 72A. Instead, the auditor is required to:

• Ascertain from the assessee and management whether any audit under section 72A has been conducted.

• Obtain copies of audit reports or communications, if available, to verify whether any disqualification or disagreement was reported.

• Report the relevant facts in the audit report, limited to the period falling within the previous year.

The auditor’s role is confined to reporting what has been carried out and disclosed, not to reassess or challenge the findings of the audit conducted under section 72A.

Importance of Management Representations

In situations where the auditor needs to confirm whether any audit under section 72A has been carried out, obtaining a written representation from management becomes critical. Since such audits are conducted by external authorities, the assessee is the primary source of information regarding their initiation and completion.

The auditor should seek a management representation confirming whether:

• An audit under section 72A has been conducted during the relevant year.

• A report has been issued, and if so, provide a copy for verification.

• The audit is pending or incomplete, in which case, the status must be mentioned in the tax audit report.

Such representations provide documentary support for the auditor’s disclosure under Clause 39 and help in avoiding later disputes regarding the completeness of reporting.

Period of Reporting

An important aspect of Clause 39 is that the auditor should report details only in respect of the time period falling within the relevant previous year. For instance, if an audit under section 72A covered multiple years, the tax auditor is required to report only for the portion that relates to the relevant previous year under audit.

This ensures that reporting remains focused and aligned with the scope of the tax audit report for that particular year.

Practical Scenarios

To better understand the working of Clause 39, let us examine some practical scenarios:

• Case where no audit under section 72A has been carried out:
  The assessee confirms that no such audit was conducted during the year. The tax auditor has no reporting requirement under Clause 39 and can move ahead without disclosure.

• Case where audit under section 72A is carried out and completed:
  An assessee receives a notice from the department, and an audit under section 72A is carried out. The auditor appointed under section 72A reports certain disagreements regarding valuation of taxable services. The tax auditor, while preparing the audit report, obtains details of the audit and discloses that such disagreements were reported.

• Case where audit is initiated but not completed:
  If an audit under section 72A has started but the report is not yet issued, the tax auditor should disclose in the report that such audit has not been completed and the audit report is not available with the assessee.

Challenges in Reporting

Auditors may face several challenges while reporting under Clause 39:

• Information Gaps: The assessee may not always maintain updated records of audits initiated under section 72A, leading to incomplete disclosures.

• Timeliness: In cases where audits are pending, it may be difficult to obtain clarity about the expected date of completion.

• Verification: While the auditor relies on management representation, verifying whether an audit has actually been conducted may require additional corroboration through correspondence with tax authorities.

• Scope Limitation: The tax auditor’s role is limited to disclosure, but in practice, clients may expect auditors to explain or analyze the findings of the section 72A audit, which is outside the auditor’s responsibility.

Guidance from ICAI

The guidance note issued by the Institute of Chartered Accountants of India clarifies several aspects of reporting under Clause 39. According to the note:

• The tax auditor is not responsible for determining whether an audit under section 72A should have been conducted. The reporting requirement arises only when such an audit has in fact been conducted.

• If the audit has not been carried out, no reporting is required.

• If the audit is in progress and not completed, the auditor should state this fact clearly.

• The auditor should restrict reporting only to the portion of the audit that relates to the relevant previous year.

This guidance ensures that auditors do not extend their responsibility beyond what is required under Clause 39.

Documentation Requirements

Proper documentation is essential for auditors to support their reporting under Clause 39. The following documents should be maintained:

• Copy of management representation confirming whether an audit under section 72A was conducted.

• Copies of audit reports or notices issued by authorities under section 72A, if available.

• Notes of discussions with management regarding the status of ongoing audits.

• Working papers documenting the auditor’s conclusion and disclosure in the tax audit report.

Such documentation ensures compliance with auditing standards and provides support in case of scrutiny of the auditor’s work.

Broader Implications

Though Clause 39 deals with a narrow aspect of audit reporting, its significance lies in ensuring that important developments under service tax laws are transparently disclosed in the tax audit report. By requiring disclosure of disagreements or disqualifications identified under section 72A audits, the clause enhances the reliability of financial reporting and tax compliance.

For assessees, it underscores the need to maintain proper records of departmental audits and share them with statutory auditors in a timely manner. For auditors, it highlights the importance of careful communication with clients and thorough documentation of disclosures.

Objective of Clause 40

The main objective of Clause 40 is to ensure that key performance indicators of a business entity are disclosed in a standardized manner in the tax audit report. These ratios help in:

• Assessing the financial efficiency of the business.

• Comparing performance between the current and preceding previous year.

• Providing the revenue authorities with a quick snapshot of profitability and material utilization.

• Identifying unusual trends, variations, or inconsistencies in reported figures.

By standardizing disclosure, Clause 40 ensures that stakeholders, including tax authorities and auditors, can assess financial data more effectively.

Applicability of Clause 40

The disclosure requirement under Clause 40 applies only to entities engaged in manufacturing or trading activities. Service providers are excluded from this reporting because ratios such as gross profit to turnover or material consumed to finished goods produced are not relevant in service-based operations.

For manufacturing and trading entities, the reporting must cover the business as a whole. Product-wise reporting is not required, even if the entity deals in multiple products or lines of business.

Particulars to be Reported

Clause 40 specifies that the following particulars and ratios should be disclosed for both the previous year and the preceding previous year:

• Total turnover of the assessee.

• Gross profit to turnover ratio.

• Net profit to turnover ratio.

• Stock-in-trade to turnover ratio.

• Material consumed to finished goods produced ratio.

Each of these elements requires a clear understanding of the underlying figures, as detailed below.

Total Turnover

Total turnover, also referred to as revenue from operations, represents the gross receipts from the sale of goods. It includes all sales transactions, whether domestic or export, and excludes indirect incomes such as interest or dividend. Turnover must be disclosed for both the previous year and the preceding previous year to enable comparison.

Accurate reporting of turnover is critical, as it forms the base figure for computing other ratios such as gross profit and net profit. Any errors in turnover reporting will directly affect the reliability of ratios presented under this clause.

Gross Profit to Turnover Ratio

The gross profit ratio reflects the profitability of core trading or manufacturing operations before considering indirect expenses. The formula for computation is:

Gross Profit to Turnover Ratio = (Turnover – Cost of Goods Sold) ÷ Turnover

Where,
Cost of Goods Sold (COGS) = Cost of material consumed + Change in inventory + Direct expenses

This ratio highlights how efficiently a business is able to convert its costs into profit from operations. A decline in the ratio may indicate rising material costs, inefficiencies in production, or pricing pressures, while an increase signals improved cost management or higher selling prices.

Net Profit to Turnover Ratio

The net profit ratio measures the overall profitability of the business after accounting for all direct and indirect expenses, but before tax. The formula is:

Net Profit to Turnover Ratio = Net Profit (before tax) ÷ Turnover

This ratio provides a comprehensive measure of profitability, reflecting both operational efficiency and control over overheads. It also serves as an important indicator for comparing year-on-year performance.

Stock-in-Trade to Turnover Ratio

The stock-in-trade to turnover ratio indicates the proportion of closing stock of finished goods relative to turnover. The formula is:

Stock-in-Trade to Turnover Ratio = Closing Stock of Finished Goods ÷ Turnover

This ratio helps assess whether the closing stock levels are proportionate to the volume of sales. A high ratio may point to overstocking or slow-moving inventory, while a very low ratio may indicate inadequate stock levels that could affect future sales.

Material Consumed to Finished Goods Produced Ratio

This ratio measures the efficiency of material consumption in the production of finished goods. The components of the calculation are:

• Material Consumed = Opening inventory of raw material + Purchases – Closing inventory of raw material (including stores, spares, and loose tools)

• Finished Goods Produced = Raw material and consumables consumed + Direct labour + Other manufacturing expenses (excluding depreciation on office assets) ± Change in work-in-progress

The ratio provides insights into the productivity of manufacturing operations. A sudden increase may indicate wastage or inefficiencies, while a decrease could suggest better utilization of resources. This ratio is not applicable to trading concerns, as they do not produce finished goods.

Treatment for the Preceding Previous Year

For the preceding previous year, the figures disclosed under Clause 40 should ideally be taken from the tax audit report of that year. If no tax audit was applicable for the preceding year, the corresponding columns in the current year’s report may be left blank.

This ensures consistency of reporting and avoids confusion regarding the comparability of data across two years.

Importance of Comparability

The dual-year disclosure format mandated by Clause 40 serves the purpose of comparability. By providing ratios for both the previous year and the preceding previous year, stakeholders can:

• Identify year-on-year trends in profitability and material utilization.

• Detect unusual fluctuations in costs, sales, or inventory.

• Assess whether changes in financial performance are in line with industry trends or specific to the entity.

Comparability strengthens the analytical value of the tax audit report and assists in effective tax administration.

Practical Challenges in Reporting

Auditors and assessees may encounter several challenges while complying with Clause 40:

• Data Accuracy: The computation of ratios requires accurate segregation of expenses into direct and indirect categories. Errors in classification can distort results.

• Inventory Valuation: Closing stock and work-in-progress must be valued consistently as per accounting standards. Any inconsistency can affect ratios significantly.

• Multiple Business Lines: Entities engaged in both manufacturing and trading may face difficulty in consolidating figures for reporting as a whole.

• Comparative Data: For new entities or entities not subject to tax audit in the preceding year, comparative figures may not be available.

• Treatment of Exceptional Items: Unusual items such as extraordinary losses or one-time gains may impact net profit ratios, making year-on-year comparisons less meaningful.

Auditor’s Responsibilities

The tax auditor is required to ensure that the figures reported under Clause 40 are accurate and consistent with the audited financial statements. The key responsibilities include:

• Verifying turnover from sales registers, invoices, and reconciliations.

• Ensuring that the cost of goods sold is correctly computed.

• Checking that material consumed and finished goods produced are calculated using correct methods.

• Confirming that ratios are mathematically accurate and logically consistent.

• Disclosing ratios for both the previous year and the preceding previous year wherever applicable.

The auditor must also document the working papers used for computations, as these may be subject to verification.

Illustrative Example

Consider a manufacturing company with the following figures:

Turnover: 100 crore
Cost of Goods Sold: 70 crore
Net Profit before tax: 10 crore
Closing stock of finished goods: 20 crore
Material Consumed: 50 crore
Finished Goods Produced: 80 crore

The ratios under Clause 40 would be reported as follows:

• Gross Profit to Turnover Ratio = (100 – 70) ÷ 100 = 30%

• Net Profit to Turnover Ratio = 10 ÷ 100 = 10%

• Stock-in-Trade to Turnover Ratio = 20 ÷ 100 = 20%

• Material Consumed to Finished Goods Produced Ratio = 50 ÷ 80 = 62.5%

These ratios, when compared with the preceding year, provide meaningful insights into cost management, pricing policies, and production efficiency.

Significance of Consistency in Computation

For Clause 40 reporting to be effective, consistency in computation methods is critical. For instance, if the method of inventory valuation changes between two years, it could distort the stock-in-trade to turnover ratio. Similarly, inconsistent treatment of expenses between direct and indirect categories can affect both gross profit and net profit ratios.

Auditors should ensure that computations follow the same principles across years, and where changes occur, they should be adequately explained in the audit documentation.

Role of Guidance Notes

The guidance notes issued by the Institute of Chartered Accountants of India provide auditors with detailed instructions on how to compute and disclose the particulars under Clause 40. These notes clarify definitions, formulas, and scope of reporting, reducing ambiguity and ensuring uniformity across audits.

By following the guidance, auditors can ensure that their reporting meets professional standards and regulatory expectations.

Clause 41: Disclosure of Demand Raised or Refund Issued under Other Tax Laws

Clause 41 of the tax audit report requires auditors to disclose details of any demand raised or refund issued during the previous year under any tax laws other than the Income-tax Act, 1961 and the Wealth-tax Act, 1957. This clause holds significant importance because it provides a complete picture of the entity’s financial exposure or entitlements under various tax legislations.

The disclosure includes information such as the financial year to which the demand or refund pertains, the specific tax law involved, the state of applicability, the type of transaction (demand or refund), the date of the order, and the amount involved. By requiring such detailed reporting, Clause 41 ensures transparency in an entity’s compliance with multiple tax regulations.

Objective of Clause 41

The purpose of Clause 41 is to enhance transparency by ensuring that auditors disclose any material demands or refunds under tax laws beyond income tax and wealth tax. The objectives include:

• Ensuring that all tax-related financial implications are disclosed comprehensively.

• Assisting revenue authorities in understanding an assessee’s overall tax compliance.

• Identifying cases where there may be ongoing disputes or proceedings under indirect taxes or state-level levies.

• Bringing uniformity in the reporting of such demands or refunds across different audits.

By requiring this disclosure, Clause 41 enables stakeholders to assess the company’s exposure to tax liabilities and its entitlements to refunds, thereby facilitating better tax administration.

Scope of Reporting

The scope of Clause 41 covers demands raised or refunds issued under any tax laws other than the Income-tax Act, 1961 and the Wealth-tax Act, 1957. These include, but are not limited to:

• Goods and Services Tax (GST).

• Value Added Tax (VAT).

• Excise Duty.

• Customs Duty.

• Service Tax.

• Professional Tax.

• Stamp Duty (if considered a tax law for reporting).

• Other state-level levies such as sales tax, entry tax, entertainment tax, and similar duties.

Additionally, cess or duty such as marketing cess, royalty-related cess, octroi duty, and entry tax also come within the purview of this clause. The auditor has to ensure that all such laws are examined when reporting under Clause 41.

Reporting Format

The information under Clause 41 is required to be disclosed in a tabular format. The particulars include:

• Financial year to which demand or refund relates.

• Name of the tax law.

• State of applicability.

• Type of transaction (demand raised or refund received).

• Date of the order of demand or refund.

• Amount involved.

This standardized format ensures uniformity in reporting and facilitates easier verification by tax authorities.

Time Period of Relevance

One of the key aspects of Clause 41 is that even if the demand or refund order is issued in the current previous year but relates to an earlier period, it must still be reported. For example, if a demand under VAT is raised in the financial year 2022-23 but pertains to the financial year 2018-19, it must be disclosed in the tax audit report of 2022-23.

This requirement emphasizes that the reporting obligation is not limited to the current year’s transactions but extends to any demand or refund identified within the previous year, regardless of the financial year to which it pertains.

Inclusion of Refund Adjustments

The auditor must also report cases where refunds are adjusted against existing demands. For example, if an entity has a GST refund claim of 5 lakh and the authorities adjust it against an outstanding demand of 3 lakh, the auditor is required to disclose such an adjustment under Clause 41.

This ensures that the net financial impact of demands and refunds is transparently reflected in the audit report.

Auditor’s Duties

The responsibilities of the tax auditor under Clause 41 extend beyond merely reporting figures provided by management. Key duties include:

• Verification of Documents: The auditor should obtain copies of demand or refund orders issued by governmental authorities during the year.

• Examination of Books of Accounts: The auditor should cross-check whether such demands or refunds are properly recorded in the financial statements.

• Review of Online Portals: With the availability of digital tax portals, auditors should verify details of demands or refunds from official records where possible.

• Reconciliation of Adjustments: In cases where refunds are adjusted against demands, the auditor should ensure that such adjustments are correctly accounted for and disclosed.

These responsibilities highlight the need for diligence and professional skepticism in reporting under Clause 41.

Examples of Transactions to be Reported

To illustrate the scope of Clause 41, consider the following examples:

• GST Refund: A business receives a refund of excess input tax credit claimed during the year. The details of the refund must be disclosed with particulars of the order and amount.

• Excise Duty Demand: Authorities issue a demand order for non-payment of excise duty pertaining to earlier years. Even though it relates to earlier years, the order date falls in the current year, so it must be disclosed.

• Customs Duty Refund: A refund claim filed for excess customs duty paid is sanctioned during the year. The order date, amount, and relevant financial year should be disclosed.

• Adjustment of Refund: A professional tax refund is adjusted against outstanding VAT demand. Such adjustment must be transparently disclosed.

These examples show that Clause 41 requires disclosure of a wide range of transactions under multiple tax legislations.

Importance for Stakeholders

The disclosure under Clause 41 provides valuable insights for multiple stakeholders:

• Revenue Authorities: They get a comprehensive view of an assessee’s compliance with various tax laws.

• Auditors: It highlights areas where there may be litigation risk or unresolved disputes.

• Management: It allows management to monitor pending refunds and demands across multiple tax laws.

• Investors and Analysts: It provides transparency into the tax-related risks and obligations of the entity.

By ensuring such transparency, Clause 41 contributes to robust tax compliance and effective financial oversight.

Practical Challenges in Implementation

While reporting under Clause 41 is conceptually straightforward, several practical challenges may arise:

• Incomplete Records: Assessees may not maintain proper documentation of demand or refund orders.

• Multiple Jurisdictions: Businesses operating in multiple states may face difficulty consolidating details of demands and refunds.

• Ongoing Proceedings: In cases where proceedings are ongoing, it may be unclear whether a demand has been formally raised or whether a refund has been sanctioned.

• Adjustments: Adjustments of refunds against demands may not always be clearly documented, leading to reporting inconsistencies.

• Portal Accessibility: While portals provide valuable information, reconciling them with books of accounts may be time-consuming.

These challenges require auditors to adopt a structured approach and exercise professional judgment when reporting under Clause 41.

Role of Internal Controls

Strong internal controls can significantly ease compliance with Clause 41. Businesses should establish systems for:

• Tracking all demand and refund orders across jurisdictions.

• Ensuring proper accounting treatment of such orders.

• Reconciling amounts with official tax department portals.

• Maintaining documentation to support disclosures.

Such controls not only simplify the audit process but also ensure that management has timely information regarding tax exposures and entitlements.

Significance of Timely Reporting

Timely and accurate reporting under Clause 41 is crucial because:

• It helps avoid disputes with revenue authorities.

• It ensures that auditors fulfill their professional obligations.

• It provides management with insights into pending claims and liabilities.

• It reduces the risk of omissions that could affect the credibility of financial reporting.

Therefore, both auditors and management must work together to ensure compliance with this clause.

Role of the Guidance Note

The guidance note issued by the Institute of Chartered Accountants of India provides auditors with detailed instructions for compliance with Clause 41. It clarifies the scope of taxes to be included, the format of disclosure, and the approach to be adopted in case of incomplete audits or ongoing proceedings.

By following the guidance note, auditors can ensure consistency, accuracy, and completeness in reporting, thereby enhancing the quality of the tax audit report.

Conclusion

The detailed analysis of Clause 39, Clause 40, and Clause 41 highlights the significance of comprehensive reporting under the tax audit framework. Each clause serves a distinct purpose while collectively enhancing the transparency and reliability of financial disclosures.

Clause 39 ensures that any audit conducted under Section 72A of the Finance Act, 1994 in relation to the valuation of taxable services is properly reported. By requiring disclosure of disagreements or disqualifications, it brings clarity to areas where differing interpretations between auditors and management may arise. It also ensures that incomplete audits are not overlooked but acknowledged in the audit report, which reinforces accountability.

Clause 40 focuses on the financial performance of the entity by requiring disclosure of turnover, gross profit, net profit ratios, and other key indicators. By demanding consistency in reporting across current and preceding years, it enables stakeholders to evaluate business efficiency and operational health. It also ensures that auditors present a uniform view of performance for entities engaged in manufacturing or trading activities.

Clause 41 extends the scope of tax audit beyond income tax and wealth tax by requiring reporting of demands raised or refunds issued under other tax laws. By doing so, it integrates compliance across GST, VAT, customs, excise, professional tax, and various state-level levies. The clause plays a vital role in presenting a consolidated picture of an assessee’s tax liabilities and entitlements, ensuring that financial statements reflect the true extent of obligations and claims.

Together, these three clauses enhance the role of the tax auditor in ensuring complete and accurate reporting. They place responsibility on auditors not only to verify figures but also to exercise professional judgment, reconcile information from multiple sources, and present disclosures in a manner that supports tax administration and stakeholder decision-making.

While the implementation of these clauses may pose practical challenges such as incomplete documentation, multiple jurisdictions, or complex adjustments, they also strengthen the framework of accountability. With robust internal controls, diligent verification, and adherence to professional guidance, businesses and auditors can ensure seamless compliance with these requirements.

Ultimately, Clauses 39 to 41 underscore the principle that transparency and accuracy in tax audit reporting are fundamental to good governance. They bridge gaps between multiple tax legislations, create consistency in disclosures, and safeguard the interests of both authorities and stakeholders. By following the guidance of the Institute of Chartered Accountants of India and maintaining discipline in documentation and reporting, auditors can contribute significantly to the credibility and reliability of tax audits in India.