Latest Blogs from SBS and Company LLP

    Today the scope of compliance is much broader and its impact on business far greater than ever before. Despite greater regulation and the risk of noncompliance, some companies may not be taking their responsibility for identifying and managing compliance risk particularly seriously. Organisations should Identify, prioritize, and assign accountability for managing existing or potential threats related to legal or policy noncompliance—or ethical misconduct—that could lead to fines or penalties, reputational damage, or the inability to operate in key markets. 

    A survey conducted in 2014 by Compliance week indicates 40 percent of companies did not perform an annual compliance risk assessment. Further a study conducted by IIA indicates 38 percent of chief audit executives (CAEs) did not use compliance or regulatory requirements as a resource to establish the audit plan. 

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    Post budget 2012 and after introduction of part C in form 3CEB, ICAI had revised the guidance Note on Sec 92E (August 2013) and since then there have been various developments in TP Provisions like notification of safe harbour rules, notification of provisions/rules for Advance Pricing Agreement (APA) roll back mechanism, range concept and use of multiple year data for determination of arm’s length price, Deemed International Transactions, increased threshold limit for the applicability of the specified domestic transaction provisions, CBCR requirements etc. 

    Thus ICAI has come up with the revised Guidance Note (Fifth Edition), 2016 which contains guidance on all these important changes. In this article we have summarised the key changes or revisions made in the Guidance Note on Report u/s 92E.

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    Introduction

    The auditor is responsible to obtain reasonable assurance that the financial statements taken as a whole are free from material misstatement, whether due to fraud or error. However, due to inherent limitations of an audit, there will be an unavoidable risk that some material misstatements of the financial statements may not be detected, even though the audit is properly planned and performed in accordance with the standards. 

    The potential effects of inherent limitations are particularly significant in the case of misstatements resulting from fraud. The risk of not detecting a material misstatement resulting from fraud is higher than risk of not detecting one resulting from error, because fraud may involve sophisticated and carefully organized schemes designed to conceal it, such as forgery, deliberate failure to record transactions or intentional misrepresentations made to auditor. 

    SA 240 along with SA 315 are designed to assist the auditor in identifying and assessing the risks of material misstatement due to fraud and in designing procedures to detect such misstatement. 

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    Brief Introduction

    GST, Entire India is eagerly waiting for its implementation. In Indirect Taxes, rolling out of GST is a major reform. Globally, most of the countries are under GST regime and now India is also going to step in to GST Net. The idea of national GST was first put forward by Kelkar Committee in 2004. Sri Chidambaram was announced the introduction of GST in his budget speech in 2006, however due to political issues, the dream to roll out GST got delayed for a decade. 

    Through implementation of GST, Consumers shall be benefitted through the reduction of cascading effect and tax burden. Further, for the administrators, it would be easier to collect the taxes and also our Indian products would become competitive in the global markets resulting in strengthening the economy.

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    Introduction 

    In India, Excise Duty/Service Tax on export of goods/services is exempted; A simple question arises in mind that 

    “If export of services are exempted then what is the use of Cenvat credit lying in the books of Accounts?” 

    Rule 5 of Cenvat credit rules, 2004 (CCR Rules, 2004)provides an opportunity to the service provider/manufacturer to utilize the accumulated CENVAT credit relating to export of goods or services for the payment of service tax on domestic output services and excise duty on final products cleared within India and in case any credit is left after making the stated adjustments the service provider/manufacturer can opt for refund of CENVAT credit. 

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