Wednesday, 25 July 2018

10 Changes in Tax Audit Report Form 3CD for AY 2018-19


Clause 4



Existing Clause

Whether the assessee is liable to pay indirect tax like excise duty, service tax, sales tax, customs duty, etc. if yes, please furnish the registration number or any other identification number allotted for the same.

Amendment

a) After the words “sales tax” the words “goods and service tax” shall be inserted.
b) After the words “registration number or”, the words “GST number or” shall be inserted.

Clause 19

Existing Clause

Amounts admissible under sections: 32AC,33AB, 33ABA, 35(1), 35(2AA), 35(2AB), 35ABB, 35AC, 35AD, 35CCA, 35CCB, 35CCC, 35CCD, 35D, 35DD, 35DDA, 35E

Amendment

After the words “32 AC or”, the words “32 AD or” shall be inserted. 

Clause 24

Existing Clause

Amounts deemed to be profits and gains under section 32AC or 33AB or 33ABA or 33AC.

Amendment
After the words “32 AC or” the words “32AD or” shall be inserted.

Clause 26

Existing Clause

In respect of any sum referred to in clause (a),(b), (c), (d), (e) or (f) of section 43B

Amendment

For the words “or (f)”, the words “, (f) or (g) shall be substituted.

Clause 29

Existing Clause

Whether during the previous year the assessee received any consideration for issue of shares which exceeds the fair market value of the shares as referred to in section 56(2)(viib), if yes, please furnish the details of the same.

Amendment

after serial number 29 and the entries relating thereto, the following shall be inserted, namely:-
29A. (a) Whether any amount is to be included as income chargeable under the head ‘income from other sources’ as referred to in clause (ix) of sub-section (2) of section 56? (Yes/No)
(b) If yes, please furnish the following details:
(i) Nature of income:
(ii) Amount thereof:
29B. (a) Whether any amount is to be included as income chargeable under the head ‘income from other sources’ as referred to in clause (x) of sub-section (2) of section 56? (Yes/No)
(b) If yes, please furnish the following details:
(i) Nature of income:
(ii) Amount (in Rs.) thereof:”;

Clause 30

Existing Clause

Details of any amount borrowed on hundi or any amount due thereon (including interest on the amount borrowed) repaid, otherwise than through an account payee cheque. [Section 69D]

Amendment

after serial number 30 and the entries relating thereto, the following shall be inserted, namely:-
30A. (a) Whether primary adjustment to transfer price, as referred to in sub-section (1) of section 92CE, has been made during the previous year? (Yes/No)
b) If yes, please furnish the following details:-
(i) Under which clause of sub-section (1) of section 92CE primary adjustment is made?
(ii) Amount (in Rs.) of primary adjustment:
(iii) Whether the excess money available with the associated enterprise is required to be repatriated to India as per the provisions of sub-section (2) of section 92CE? (Yes/No)
(iv) If yes, whether the excess money has been repatriated within the prescribed time (Yes/No)
(v) If no, the amount (in Rs.) of imputed interest income on such excess money which has not been repatriated within the prescribed time:
30B. (a) Whether the assessee has incurred expenditure during the previous year by way of interest or of similar nature exceeding one crore rupees as referred to in sub-section (1) of section 94B? (Yes/No)
(b) If yes, please furnish the following details:-
(i) Amount (in Rs.) of expenditure by way of interest or of similar nature incurred:
(ii) Earnings before interest, tax, depreciation and amortization (EBITDA) during the previous year (in Rs.):
(iii) Amount (in Rs.) of expenditure by way of interest or of similar nature as per (i) above which exceeds 30% of EBITDA as per (ii) above:
(iv) Details of interest expenditure brought forward as per sub-section (4) of section 94B:
A.Y.
Amount (in Rs.)

(v) Details of interest expenditure carried forward as per sub-section (4) of section 94B:
A.Y.
Amount (in Rs.)
30C. (a) Whether the assessee has entered into an impermissible avoidance arrangement, as referred to in section 96, during the previous year? (Yes/No)
(b) If yes, please specify:-
(i) Nature of the impermissible avoidance arrangement:
(ii) Amount (in Rs.) of tax benefit in the previous year arising, in aggregate, to all the parties to the arrangement:”;

Clause 31

Existing Clause

(a) Particulars of each loan or deposit in an amount exceeding the limit specified in section 269SS taken or accepted during the previous year :-

(b) Particulars of each repayment of loan or deposit in an amount exceeding the limit specified in section 269T made during the previous year :-

(c) Whether the taking or accepting loan or deposit, or repayment of the same were made by account payee cheque drawn on a bank or account payee bank draft based on the examination of books of account and other relevant documents
(i) name, address and Permanent Account Number (if available with the assessee) of the payee;
(ii) amount of the repayment;
(iii) maximum amount outstanding in the account at any time during the previous year;
(iv) whether the repayment was made by cheque or bank draft or use of electronic clearing system through a bank account;
(v) in case the repayment was made by cheque or bank draft, whether the same was taken or accepted by an account payee cheque or an account payee bank draft.

(d) Particulars of repayment of loan or deposit or any specified advance in an amount exceeding the limit specified in section 269T received otherwise than by a cheque or bank draft or use of electronic clearing system through a bank account during the previous year:—
 (i) name, address and Permanent Account Number (if available with the assessee) of the lender, or depositor or person from whom specified advance is received;
(ii) amount of loan or deposit or any specified advance received otherwise than by a cheque or bank draft or use of electronic clearing system through a bank account during the previous year.

(e) Particulars of repayment of loan or deposit or any specified advance in an amount exceeding the limit specified in section 269T received by a cheque or bank draft which is not an account payee cheque or account payee bank draft during the previous year:— (i) name, address and Permanent Account Number (if available with the assessee) of the lender, or depositor or person from whom specified advance is received;
(ii) amount of loan or deposit or any specified advance received by a cheque or a bank draft which is not an account payee cheque or account payee bank draft during the previous year

Amendment

(A) after clause (b), the following clauses and entries relating thereto shall be inserted, namely:-
(ba) Particulars of each receipt in an amount exceeding the limit specified in section 269ST, in aggregate from a person in a day or in respect of a single transaction or in respect of transactions relating to one event or occasion from a person, during the previous year, where such receipt is otherwise than by a cheque or bank draft or use of electronic clearing system through a bank account:-
(i) Name, address and Permanent Account Number (if available with the assessee) of the payer;
(ii) Nature of transaction;
(iii) Amount of receipt (in Rs.);
(iv) Date of receipt;
(bb) Particulars of each receipt in an amount exceeding the limit specified in section 269ST, in aggregate from a person in a day or in respect of a single transaction or in respect of transactions relating to one event or occasion from a person, received by a cheque or bank draft, not being an account payee cheque or an account payee bank draft, during the previous year:-
(i) Name, address and Permanent Account Number (if available with the assessee) of the payer;
(ii) Amount of receipt (in Rs.);
(bc) Particulars of each payment made in an amount exceeding the limit specified in section 269ST, in aggregate to a person in a day or in respect of a single transaction or in respect of transactions relating to one event or occasion to a person, otherwise than by a cheque or bank draft or use of electronic clearing system through a bank account during the previous year:-
(i) Name, address and Permanent Account Number (if available with the assessee) of the payee;
(ii) Nature of transaction;
(iii) Amount of payment (in Rs.);
(iv) Date of payment;
(bd) Particulars of each payment in an amount exceeding the limit specified in section 269ST, in aggregate to a person in a day or in respect of a single transaction or in respect of transactions relating to one event or occasion to a person, made by a cheque or bank draft, not being an account payee cheque or an account payee bank draft, during the previous year:-
(i) Name, address and Permanent Account Number (if available with the assessee) of the payee;
(ii) Amount of payment (in Rs.);
(Particulars at (ba), (bb), (bc) and (bd) need not be given in the case of receipt by or payment to a Government company, a banking Company, a post office savings bank, a cooperative bank or in the case of transactions referred to in section 269SS or in the case of persons referred to in Notification No. S.O. 2065(E) dated 3rd July, 2017)”;
(B) in item (c), in sub-item (v), for the words “taken or accepted”, the word “repaid” shall be substituted;
(C) in item (d), in sub-item (ii), after the words “amount of”, the words “repayment of” shall be inserted;
(D) in item (e), in sub-item (ii), after the words, “amount of”, the words “repayment of” shall be inserted;

Clause 34

Existing Clause

(b) whether the assessee has furnished the statement of tax deducted or tax collected within the prescribed time. If not, please furnish the details:

Amendment
for item (b), the following item shall be substituted, namely:-
“(b) whether the assessee is required to furnish the statement of tax deducted or tax collected. If yes, please furnish the details:

Tax deduction and collection Account Number (TAN)
Type of Form
Due date for furnishing
Date of furnishing, if furnished
Whether the statement of tax deducted or collected contains information about all details/transactions which are required to be reported. If not, please furnish list of details/transactions which are not reported.”;







Clause 36

Existing Clause

In the case of a domestic company, details of tax on distributed profits under section 115-O in the following form :-
(a) total amount of distributed profits;
(b) amount of reduction as referred to in section 115-(1A)(i);
(c) amount of reduction as referred to in section115-(1A)(ii);
(d) total tax paid thereon;
(e) dates of payment with amounts.

Amendment

after serial number 36 and the entries relating thereto, the following shall be inserted, namely:-
36A. (a) Whether the assessee has received any amount in the nature of dividend as referred to in sub-clause (e) of clause (22) of section 2? (Yes/No)
(b) If yes, please furnish the following details:-
(i) Amount received (in Rs.):
(ii) Date of receipt:”

Clause 41

Existing Clause

Please furnish the details of demand raised or refund issued during the previous year under any tax laws other than Income Tax Act, 1961 and Wealth tax Act, 1957 alongwith details of relevant proceedings.

Amendment

after serial number 41 and the entries relating thereto, the following shall be inserted, namely:-
42. (a) Whether the assessee is required to furnish statement in Form No. 61 or Form No. 61A or Form No. 61B? (Yes/No)
(b) If yes, please furnish:
Income-tax Department Reporting Entity Identification Number
Type of Form
Due date for furnishing
Date of furnishing, if furnished
Whether the Form contains information about all details/ transactions which are required to be reported. If not, please furnish list of the details/transactions which are not reported.



43. (a) Whether the assessee or its parent entity or alternate reporting entity is liable to furnish the report as referred to in sub-section (2) of section 286 (Yes/No)
(b) if yes, please furnish the following details:
(i) Whether report has been furnished by the assessee or its parent entity or an alternate reporting entity
(ii) Name of parent entity
(iii) Name of alternate reporting entity (if applicable)
(iv) Date of furnishing of report
44. Break-up of total expenditure of entities registered or not registered under the GST:
Sl. No.
Total amount of Expenditure incurred during the year
Expenditure in respect of entities registered under GST
Expenditure relating to entities not registered under GST
Relating to goods or services exempt from GST
Relating to entities falling under composition scheme
Relating to other registered entities
Total payment to registered entities



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