Final Accounts of Electricity Companies

Revenue Account

This account is similar to the Profit and Loss Account of a trading or manufacturing concern. It is debited with various items of expenses and credited with various items of incomes. Depreciation on fixed assets is charged by debiting the Revenue Account and crediting the Depreciation Fund Account. Generally, expenses are shown under the following broad headings:

(A) Generation;

(B) Distribution;

(C) Public Lamps;

(D) Rent, Rates and Taxes;

(E) Management Expenses;

(F) Law Charges;

(G) Depreciation;

(H) Special Charges.

Similarly, incomes are grouped as:

(1) Sale of energy for lighting;

(2) Sale of energy for power;

(3) Sale of energy under special contracts;

(4) Public lightings;

(5) Rental of meters;

(6) Rent receivable; and

(7) Transfer fees, etc.Statutory Form of Revenue Account under Indian Electricity Act, 1910 is given below :

Revenue Account for the year ended ………………

Net Revenue Account

This is similar to the Profit and Loss Appropriation Account of a trading or manufacturing concern except the treatment of interest on debentures and loans.

In the Net Revenue Account, it is treated as appropriation of profits. However, In ordinary cases, such interest is treated as a charge against profits and shown in the Profit and Loss Account. The balance of the Net Revenue Account is shown in the General Balance Sheet.

The Statutory form of Net Revenue Account under the Indian Electricity Act,1910 is given below:

Net Revenue Account for the year ended ……………….

Capital Account (Receipts and Expenditure on Capital Account)

The main purpose of this account is to show total amount of capital raised and its application for acquisition of fixed assets for carrying on the business.As per the statutory forms (prescribed by the Indian Electricity Act, 1910) there are three columns on each side:

(i) one showing balance at the end of the previous year;

(ii) disclosing the amount received/spent during the year; and

(iii) balance at the end of the year. Statutory form of Capital Account under The Indian Electricity Act, 1910 is given below:

Receipts and Expenditure on Capital Account for the year ended………….

General Balance Sheet

In the General Balance Sheet, all the remaining assets and liabilities, like current assets, current liabilities, reserves, etc., are shown along with the total of receipts (on the liability side) and the total expenditure (on the asset side).

The Statutory Form of General Balance Sheet under Indian Electricity Act, 1910 is given below:

General Balance Sheet as on ………………………..

Treatment of Replacement of an Asset

Under the Single Account System when an asset is replaced, the Cash Account is debited and the Asset Account is credited, and the difference is transferred to the Profit and Loss Account (being profit or loss on sale of asset). The Asset Account is reduced by its written down value. Similarly, when an asset is purchased, the Asset Account is debited and the Cash or Bank Account is

credited and the Asset Account is increased by that amount. However, under the Double Account System when an asset is replaced, the original cost of the asset is not disturbed, instead it continues to appear in the Capital Account at the old figure. Under this system, the cost of replacement is treated in the books of accounts as under:

(i) When no Extension or Improvement is involved:

In this case, the entire amount of cost of replacement is treated as revenue expenditure and is debited to Revenue Account.

(ii) When Extension or Improvement is Involved:

In this case, an amount equal to the present cost of replacement of the old asset is treated as revenue expenditure and is charged to the Revenue Account. However, this chargeable amount is reduced by

(a) sale proceeds of scrap of the old asset

(b) value of materials of old asset used in rebuilding the new asset.

The total cost of replacement plus the value of materials of old asset used in rebuilding the new asset minus the present cost of replacement of the old asset is capitalised. Some Important Provisions

The students should note the following important matters which will affect the accounts of electricity companies as provided in the Sixth Schedule to The Electricity (Supply) Act. 1948.

These are as follows:

(a) Depreciation on fixed assets

(b) Fixed assets and their prescribed life

(c) Contingency reserve

(d) Development reserve

(e) General reserve

(f) Appropriation of profits

Depreciation on Fixed Assets

As per the provision of Sec. of The Electricity (Supply) Act, 1948, every fixed asset must be depreciation and for calculating depreciation, the life of each asset is to be taken as stated in the Seventh Schedule. Schedule VI provides for two methods of depreciation, viz:

(a) Compound Interest Method

(b) Strait Line Method.

Compound Interest Method

Under this method, such an amount should be set aside annually as depreciation throughout the prescribed life of the asset concerned, as would,with 4% p.a. compound interest, produced by the end of the prescribed period an amount equal to 90% of the original cost of the asset.

Straight Line Method

Under this method, the depreciation is calculated by dividing 90% of the original cost of the asset by the prescribed period in respect of such an asset.All sums credited to the Depreciation Reserve may be invested either in the  business or may be utilised for repayments of loans not guaranteed under Section or for repayment of sums paid by the State Government under Guarantee  Assets Written Down to 10% of Cost and No depreciation is allowed in respect of an asset which has been written-down to 10% (or less) of its original cost.

When a fixed asset is discarded or becomes obsolete it cannot be depreciated any more. In this case, the written-down value of such an asset is transferred to a special account. Any profit on sale of such assets is transferred to the Contingency Reserve Account.

Contingencies Reserve

Every electricity supply company is required to maintain a Contingencies Reserve. A sum equal to not less than 1/4% or not more than 1/2% of the original cost of fixed assets must be transferred from the Revenue Account to the Contingencies Reserve. The maximum amount in this account must not exceed 5% of the original cost of the fixed assets. The amount of Contingencies Reserve must be invested in trust securities. With the prior approval of the State Government, the Contingencies Reserve can be utilised for the following purposes :

( i ) For meeting expenses or loss of profit due to accident, strikes or circumstances beyond the control of the management;

(ii) For meeting expenses on replacement or removal of plant or works other than expenses required for normal maintenance or renewals;

(iii) For paying compensation under any law for the time being in force and for which no other provision has been made.

Development Reserve

An amount equal to income tax and super tax saved on account of Development Rebate allowed under Income Tax Act, 1961 has to be transferred to the Development Reserve Account. If, in any accounting year, the clear profit without considering special appropriations plus balance in the credit of Tariffs and Dividend Control Reserve is less than the required amount of Development Reserve, the shortfall may not be made good. In case of sale of the undertaking, this reserve should be handed over to the buyer.

General Reserve

Section of the Electricity Act, 1948 provides for the creation of the General Reserve by making appropriation from the Revenue Account after charging interest and depreciation. The amount of contribution shall be calculated @ 1/2% of the original cost of the fixed assets until the total of such reserve comes to 8% of the original cost of the fixed assets. Tariffs and Dividend Control Reserve

It is created out of the disposable surplus of the electricity company (explained below). This reserve can be utilised whenever the clear profit is less than reasonable return. At the time of sale of the undertaking, this reserve should be handed over to the buyer.

Appropriation of Profits

The Electricity (Supply) Act, 1948 provides that an electricity company cannot charge any rate as they like. They are entitled to charge such rates which give them a reasonable return. They must so adjust the rate that the amount of clear profit in any year does not exceed the reasonable return by more than 20%.

Disposal of Surplus

The excess of clear profit over reasonable return to the extent of 20% of reasonable return has to be disposed of as under: (Any excess over 20% of reasonable return must be refunded to customers).

(i) 1/3 of the surplus (not exceeding 5% of reasonable return) at the disposal of the undertaking.

(ii) Of the balance, 1/2 is to be transferred to the Tariffs and Dividend Control Reserve.

(iii) The balance is to be transferred to the Consumer’s Rebate Reserve for reduction of rates or for special rebate.

Calculation of Clear Profit

The Clear profit is the difference between the total income and total expenditure plus specific appropriations. The Clear profit is calculated as follows:

(A) Income from

(i) Gross receipts from sale of energy, less discount

(ii) Rental of meters and other apparatus hired to customers

(iii) Sale and repair of lamps and apparatus

(iv) Rent, less outgoings not otherwise provided for

(v) Transfer fees

(vi) Interest on investments, fixed and calls deposits and bank balances

(viii) Other taxable general receipts

Total Income

(B)Expenditure

(i) Cost of generation and purchases of energy

(ii) Cost of distribution and safe of energy

(iii) Rent, rates and taxes (other than taxes on income profits)

(iv) Interest on load advanced by Board

(v) Interest on loan taken from organization or institutions approved by the State Government

(vi) Interest on debentures issued by the licencee

(vii) Interest on security deposits

(viii) Legal charges

(ix) Bed debts

(x) Auditor’s fees

(xi) Management expenses

(xii) Depreciation (as per Schedule Seventh)

(xiii) Other admissible expenses

(xiv) Contribution to Provident Fund; gratuity, staff pension and apprentice and other training schemes

(xv) Bonus paid to the employees of the Undertaking. In case of dispute, in accordance with the decision of the tribunal.

In any other case, with the approval of the State Government Total Expenditure

Balance (A – B)

Less : Specific Appropriations

(i) Past losses (i.e., excess of expenditure over income)

(ii) All taxes on income and profits

(iii) Amount written-off in respect of fictitious and intangible assets

(iv) Contribution to Contingency Reserve

(v) Contribution towards arrears depreciation (if any)

(vi) Contribution to Development Reserve

(vii) Other appropriation (special) permitted by the State Government Clear Profit

Reasonable Return: It means the sum of the following items:

(i) An amount calculated at (bank rate + 2%) on Capital Base as defined below.

(ii) Income from investments (except income from Contingency Reserve Investment).

(iii) An amount equal to 1/2% on loans advanced by the State Electricity Board.

(iv) An amount equal to 1/2% on the amounts borrowed from organisations or institutions approved by the State Government.

(v) An amount equal to 1/2% on the amount raised through issue of debentures.

(vi) An amount equal to 1/2% on the balance of Development Reserve.

(vii) Any other amount as may be permitted by the Central Government.

Capital Base : Capital Base means :

(i) Original cost of fixed assets available for use Less : Contribution, if any, made by the customers for construction of service lines

(ii) the cost of intangible assets

(iii) the amount of investments made compulsorily on account of contingencies reserve

(iv) the original cost of work-in-progress

(v) working capital which is equal to the sum of:

(a) 1/2 of the sum of stores, materials and supplies including fuel on hand at the end of each month of the accounting year;

(b) 1/ 2 of the sum of cash and bank balance and call and short term deposit at the end of each month of accounting year but does not exceed in aggregate an amount equal to 1/4 of the expenditure (already listed in previous page).

(i) Deduct

Accumulated deprecation on tangible assets and amounts written-off tangible assets Loan advanced by Electricity Board

(ii) Security deposits of customers held in cash.

(iii) Debentures issued by the undertaking

(iv) Amount standing to the credit of Tariffs and dividend control revenue.

(v) Loan borrowed from organisations or institutions approved by the State Government.

(vi) Balance of Development reserve.

(vii) Amount carried forward for distribution to consumers.

Capital Base

Holding Companies Legal requirements

This law prevents companies that hold public utilities from using their profits to pay for unregulated business activities. Side endeavors must be separated from the holding company. Although some utility companies argue that PUHCA restricts competition and no longer applies, repealing this law would result in the creation of several large utility companies and eliminate industry competition. Many believe that reform of this law should only take place as part of a thorough restructuring.

This law was originally passed to counteract the unfair business practices of large utility holding companies in the 1920s and 1930s. These businesses created complex pyramid structures that held shares in many subsidiaries. For example, at one point three holding companies controlled most of the industry with more than 130 subsidiaries. This resulted in inflated rates, hidden charges and fees, and a lack of accountability.

As per Section 2(46) “holding company”, in relation to one or more other companies, means a company of which such companies are subsidiary companies.

As per Section 2(87) “subsidiary company” or “subsidiary”, in relation to any other company (that is to say the holding company), means a company in which the holding company:

(i) controls the composition of the Board of Directors; or

(ii) exercises or controls more than one-half of the total share capital either at its own or together with one or more of its subsidiary companies:

Provided that such class or classes of holding companies as may be prescribed shall not have layers of subsidiaries beyond such numbers as may be prescribed.

Explanation. For the purposes of this clause:

(a) A company shall be deemed to be a subsidiary company of the holding company even if the control referred to in sub-clause (i) or sub-clause (ii) is of another subsidiary company of the holding company;

(b) The composition of a company’s Board of Directors shall be deemed to be controlled by another company if that other company by exercise of some power exercisable by it at its discretion can appoint or remove all or a majority of the directors;

(c) The expression “company” includes anybody corporate;

(d) “Layer” in relation to a holding company means its subsidiary or subsidiaries;

Company Includes Body Corporate:

  • As per Sec 2(87) Company include a ‘Body Corporate’.
  • As per Sec 2(11) body corporate includes a ‘Company incorporate out of India’.

Thus, an Indian company in which more than 50% shares are held by a foreign body corporate will be a ‘Subsidiary Company’.

Structure of a Holding Company

A simple holding company owns all the stock shares of at least one subsidiary. The shares of the holding company are owned by trusts or individuals. The holding company and subsidiaries each act as independent entities, with separate finances and bank accounts. They must enter into agreements with one another for assets and real estate. Often, one subsidiary serves to manage the holding company’s operations.

The Internal Revenue Code defines a personal holding company under two classification systems, which must be fulfilled to constitute this entity. These include:

  • Personal Holding Company Income Test: The entity must possess at 60 percent or more of the adjusted ordinary gross income of the corporation in question for the associated tax year.
  • Stock Ownership Requirement: At least 50 percent of the outstanding stock of the corporation must be owned by fewer than six individuals at any point during the second half of the associated tax year.

Benefits of Holding Companies

The holding company can own and control several companies, thus spreading its risk across markets and industries.

Holding companies reduce risk for the companies whose stock they hold by stabilizing the investment, making it more valuable. This attracts more buyers.

Risk management is enhanced by dividing assets across two or more companies. This allows liability to be limited to a single subsidiary, if it gets sued for example.

A product line can be sold or transferred easily and confidentially, without revealing trade secrets.

Subsidiaries that are completely owned by a holding company can be treated as pass-through tax entities. This eliminates the need to file a corporate tax return while maintaining limited liability.

Intellectual property (IP) can be licensed to several subsidiaries for various purposes.

Inter Company Transactions

An inter-company transactions list provides information on all transactions that have occurred between your company and your group entities.

Intercompany transactions arises when the unit of a legal entity has a transaction with another unit within the same entity. Many international companies take advantage of intercompany transfer pricing and other related party transactions to influence IC-DISC, promote improved intercompany transaction taxes, and effectively enhance efficiency within the company. Intercompany transactions can be essential to maximizing the allocation of income and deductions

An inter-company transactions list contains details of the transactions within your corporate group including payment of dividends, purchase and sale of assets (e.g. inventory or machinery) and any borrowing and lending.

Information that is covered:

  • Transaction Details: Nature and the type of a particular transaction entered
  • Dates: Start and end dates of each transaction
  • Parties Involved: Names of the group entities involved in each transaction
  • Transaction Value: The amount and status involved in each transaction
  • Documentation: Documents and agreements that provide the evidence of each transaction.

Examples of intercompany transactions:

  • Two subsidiaries
  • Two departments
  • Parent company and subsidiary
  • Two divisions

Importance

Intercompany transactions can help improve the flow of finances and assets greatly. Transfer pricing studies can help ensure intercompany transfer pricing falls within arm’s length pricing to help avoid unnecessary audits. Intercompany transactions accounting can help keep records for resolving tax disputes, especially in countries where the markets are new and there is little or no regulations governing related party transactions. Here are few areas affected by the use of intercompany transactions:

  • Sales and transfer of assets
  • Loan participation
  • Dividends
  • Transactions with member banks and affiliates
  • Insurance policies
  • Management and service fees

Pros of addressing Inter-Company Transactions

  • Facilitate transparency and provide real-time information on your inter-company transactions.
  • Create consolidated and accurate financial statements and avoid any misrepresentation of your company’s financial position.
  • Implement uniform accounting and treatment policies and procedures for inter-company transactions.
  • Comply with tax norms and regulations related to inter-company transactions across jurisdiction.
  • Mitigate any potential for disputes between your company and its entities as each transaction is documented.

Any transaction between affiliates of a company group requires elimination, including:

  • Unrealized gain in ending inventory due to intercompany sale of above-cost inventory not later sold to third parties prior to year-end.
  • Elimination of equity in company acquisitions: When one company acquires another company, only the acquirer’s share of the shareholders’ equity of the acquired company is eliminated through consolidation in the equity section of the consolidated financial statements.
  • Unrealized gain due to intercompany sales of fixed assets above net book value: Such sales are only internal transfers of assets and no gain or loss should be recognized.

Intercompany loans: When one group company makes a loan to another affiliated company, there are several items that have to be eliminated on both sides:

  • Loans receivable and loans payable;
  • Interest income and interest expense; and
  • Interest payable and interest receivable.

Elimination of intercompany profits: Any intercompany profit or loss on assets remaining within the group must be eliminated and only profits and losses from third-party transactions should be included in the consolidated statements.

Interim Dividend by Subsidiary Companies

An interim dividend is a dividend payment made before a company’s annual general meeting (AGM) and the release of final financial statements. This declared dividend usually accompanies the company’s interim financial statements. The interim dividend is issued more frequently in the United Kingdom where dividends are often paid semi-annually. The interim dividend is typically the smaller of the two payments made to shareholders.

The holding company may receive interim dividend from the subsidiary company; if such an interim dividend is to be apportioned between pre-acquisition period and post-acquisition period, it should be assumed that the interim dividend has been earned evenly throughout the year.

Proposed Dividend:

On the liabilities side of the balance sheet of the subsidiary company, proposed dividend may appear. Unless the facts of the case point otherwise, it should be assumed that proposed dividend is out of post acquisition profits. Hence, holding company’s share of proposed dividend will be added to the holding company’s Profit and Loss Account whereas minority shareholders’ share will be added to minority interest.

Dividend received by the holding company from its subsidiary out of pre-acquisition profits is treated as capital receipt; the journal entry for its record being as follows:

Bank Dr.
To Shares in Subsidiary Company  
   

The following points will highlight the three steps for payment of interim dividend.

(a) First, total amount of interim dividend (i.e.,% of dividend on Subsidiary’s Co.’s Share Capital) should be added with the current profit;

(b) Deduct subsidiary’s share of interim dividend from Minority Interest.

(c) Deduct Holding Company s share of interim dividend from Profit and Loss Account of holding company in the liability side of the Consolidated Balance Sheet.

In the consolidated books, the following entry will be passed:

Finance Income……….Dr.

To, Retained Earnings

(Amount of dividend paid by the subsidiary company to its parent entity)

Current Tax……………..Dr.

To, Retained Earnings

Revaluation of Assets

A revaluation of fixed assets is an action that may be required to accurately describe the true value of the capital goods a business owns. This should be distinguished from planned depreciation, where the recorded decline in value of an asset is tied to its age.

A company can account for changes in the market value of its various fixed assets by conducting a revaluation of the fixed assets. Revaluation of a fixed asset is the accounting process of increasing or decreasing the carrying value of a company’s fixed asset or group of fixed assets to account for any major changes in their fair market value.

Fixed assets are held by an enterprise for the purpose of producing goods or rendering services, as opposed to being held for resale for the normal course of business. An example, machines, buildings, patents or licenses can be fixed assets of a business.

The purpose of a revaluation is to bring into the books the fair market value of fixed assets. This may be helpful in order to decide whether to invest in another business. If a company wants to sell one of its assets, it is revalued in preparation for sales negotiations.

Reasons for revaluation

It is common to see companies revaluing their fixed assets. It is important to make a distinction between a ‘private‘ revaluation and a ‘public‘ revaluation which is carried out in the financial reports. The purposes are varied:

  • To show the true rate of return on capital employed.
  • To conserve adequate funds in the business for replacement of fixed assets at the end of their useful lives. Provision for depreciation based on historic cost will show inflated profits and lead to payment of excessive dividends.
  • To show the fair market value of assets which have considerably appreciated since their purchase such as land and buildings.
  • To negotiate fair price for the assets of the company before merger with or acquisition by another company.
  • To enable proper internal reconstruction, and external reconstruction.
  • To issue shares to existing shareholders (rights issue or follow-on offering).
  • To get fair market value of assets, in case of sale and leaseback transaction.
  • When the company intends to take a loan from banks/financial institutions by mortgaging its fixed assets. Proper revaluation of assets would enable the company to get a higher amount of loan.
  • Sale of an individual asset or group of assets.
  • In financial firms revaluation reserves are required for regulatory reasons. They are included when calculating a firm’s funds to give a fairer view of resources. Only a portion of the firm’s total funds (usually about 20%) can be loaned or in the hands of any one counterparty at any one time (large exposures restrictions).
  • To decrease the leverage ratio (the ratio of debt to equity).

Methods

Appraisal Method

In this method, the technical valuer does a detailed assessment of the assets to find out the market value. A complete assessment is required when the Co. is taking out an insurance policy for fixed assets. In this method, we should ensure that the fixed assets not over/undervalued.

  • Date of purchase of fixed assets for calculating the age of fixed assets.
  • Usage of Assets such as 8 hours, 16 hours, and 24 hours (Generally 1 Shift = 8 Hours).
  • Type of assets such as Land & Building, Plant & Machinery.
  • Repairs & Maintenance policy of the enterprise for fixed assets;
  • Availability of Spare Parts in the future.

Current Market Price Method

As per the prevailing market price of assets.

Plant and Machinery: Forgetting the fair market value of plant and machinery, we can take the help of the supplier.

Revaluation of the Land & Building: For getting the fair market value of the building, we can take the help of real estate values/ property dealers available in the market.

Indexation Method

In this method, the index does apply to the cost of assets to know the current cost. Index list issued by the statistical department.

Advantages

  • To negotiate a fair price for the assets of the entity before the merger with or takeover by another company.
  • If assets revalued on the upward side, this will increase the cash profit (Net Profit plus Depreciation) of the Entity.
  • The credit balance of revaluation reserve can be used for the replacement of fixed assets at the end of their useful lives.
  • Tax Benefit: It results in an increase in the value of assets; hence the amount of depreciation will increase and thereby resulting in income tax deductions.
  • To decrease the leverage ratio (Secured Loan to Capital).

Disadvantages

  • The total depreciation charged on fixed assets revaluation does not show a regular pattern.
  • The company could not revalue its fixed assets every year, or the cost of the fixed asset may not decline. In such a situation, depreciation could not be charged by the company.
  • The company does spend much amount on revaluation of fixed assets as this work takes assistance from technical experts, and an increase in expenses results in less profit.

Auditor Remuneration, Removal

The remuneration of the auditor of a company shall be fixed in its general meeting or in such manner as may be determined therein:

  • Provided that the Board may fix remuneration of the first auditor appointed by it.
  • The remuneration under sub-section (1) shall, in addition to the fee payable to an auditor, include the expenses, if any, incurred by the auditor in connection with the audit of the company and any facility extended to him but does not include any remuneration paid to him for any other service rendered by him at the request of the company.

The Schedule VI of the Companies Act requires disclosure of the audit fees in the following format; Amount Received

  • As an Auditor
  • As an Advisor in the matters of taxation, management and company law
  • Another amount as specified.
  • Any sum paid by the company to meet the expenses of the auditors will be included in the word ‘remuneration’.
  • When an auditor is appointed by the Board of Directors, (First auditors and Casual vacancy), the remuneration is fixed by the board of directors.
  • If a retiring auditor is reappointed, his remuneration continues to became unless it is decided otherwise in the general meeting.
  • Shareholders also fix the remuneration of an auditor in the following two circumstances.
  • When the auditor is appointed in the annual general meeting.
  • When the auditor is appointed by Comptroller and Auditor General.
  • When an auditor is appointed by the Central Government, the Central government fixes the remuneration.
  • In addition to remuneration for audit, an auditor may receive separate remuneration for rendering consultancy services and for attending to cases pertaining to Income-tax. Such fees do not require the approval of the general meeting. To prevent undue influence and dependence on an audit client, Companies (Amendment) Act 2003, prescribes a limit for the remuneration of auditor.

Removal

  1. Special notice: The shareholder who intends to remove the auditor, shall give 14 days’ notice (Special notice) to the company, informing his intention to remove the auditor by passing a resolution in the general meeting.
  2. Communication to the retiring auditor: The company on receipt of such notice, should send a copy to the retiring auditor.

3. Representation by retiring auditor: The retiring auditor can make a written representation, not exceeding a reasonable length, to the company, regarding his proposed removal. He may also request the company to circulate his representation to the members. The company should send a copy of the representation of the auditor to the shareholders, either along with the notice to meeting or subsequently. The company is required to send the representation to the shareholders only if the representation is made by the auditor within a reasonable time.

  1. Representation to be read: If the representation is not circulated to the shareholders, the auditor may require that his representation be read out in the general meeting.
  2. Right to attend the meeting: The auditor who is proposed to be removed has an inherent right to attend the general meeting. He can also make an oral statement at the meeting as to his proposed removal.
  3. Not to abuse the right: The above privileges are extended to the auditor to protect his independence and to prevent his unjust removal. However, if the Company Law Board is satisfied that his right to make a representation is likely to be abused by him by way of seeking unwarranted publicity for a defamatory matter, the CLB may order that the representation may not be read out or circulated to the shareholders. In this regard, the company or any other aggrieved party may apply to Company Law Board seeking the direction of the Company Law Board.

Removal of Auditor after expiry of term

After the expiry of the term of office, an auditor, is usually automatically reappointed. However, if the company decides not to re-appoint the existing auditor, the following procedure has to be followed.

Removal of other Statutory auditors

The auditors can be removed, before the expiry of their term, by the company in a general meeting only with the prior approval of the Central Government. This provision prevents unjust removal of auditors.

Removal of first auditors

We know that the first auditors are appointed by the Board of Directors. To remove the first auditors, an ordinary resolution is to be passed at the shareholders meeting. If another person is proposed to be appointed in his place, at least 14 days notice is required.

Auditor Rights, Duties

Auditor Rights

An auditor is a party that examines a client’s financial statements with the objective of presenting their opinion. Auditors are financial professionals qualified to conduct an entity’s audit. Usually, they are a member or associate of an accounting body. Auditors evaluate the validity of an entity’s financial statements and the information provided within them.

Right to have Legal and Technical Advice:

He has a right to seek the opinion of the experts and, thus, take legal and technical advice. This is necessary to give his opinion in his report. He has a right to receive his remuneration provided he has completed the work which he undertook to do.

Right to receive Notice and other Communications relating to General Meeting and attend them:

Under section 231 an auditor of a company has a right to receive notices and other communications relating to General Meeting in the same way as a member of the company. He is also entitled to attend any General Meeting which he attends or any part of the business which concerns him as an auditor.

According to the power of the auditor, he may make any statement or explanation with regard to the accounts as he may desire. He need not, however, answer any questions.

Ordinarily, it is not necessary for the auditor to attend every General Meeting, but it will be good for him to attend meetings in the following circumstances:

(a) When his report contains important qualifications directly affecting the management, so that his remarks may not be misunderstood or misinterpreted.

(b) When he has received a notice from the company that someone else is going to be proposed for appointment as auditor of the company at the Annual General Meeting.

(c) When he has been specially asked by the management to be present.

Right to visit Branches:

According to section 228, if a company has a branch office, the accounts of the office shall be audited by the company’s auditor appointed under section 224 or by a person qualified for appointment as auditor of the company under section 226.

Where the Branch Accounts are not audited by a duly qualified auditor, the auditor has a right of access at all time to the books, accounts and vouchers of the company and thus, may visit the branch, if he deems it necessary.

Right to obtain Information and Explanations:

He has a right to obtain from the Directors and officers of the company any information and explanation as he thinks necessary for the performance of his duties as an auditor.

This is another important power in the hands of the auditor. He will, however, decide as to which information or explanations he thinks necessary to obtain. It the Directors or officers of the company refuse to supply some information on the ground that in their opinion it is not necessary to furnish it, he has a right to mention the fact in his report.

Right of being indemnified:

Under section 633, an auditor (being an officer of a company), has a right to be indemnified out of the assets of the company against any liability incurred by him defending himself against any civil and criminal proceedings by the company if it is proved that the auditor has acted honestly or the judgement delivered is in his favour.

Right to Signature on Audit Report:

Under section 229, only the person appointed as auditor of the company, or where a firm is so appointed, only a partner in the firm practicing in India, may sign the auditor’s report, or sign or authenticate any other document of the company required by law to be signed or authenticated by the auditor.

Right to Correct any Wrong Statement:

The auditor is required to make a report to the members of the company on the accounts examined by him and on every Balance Sheet and Profit and Loss Account and on every other document declared by this Act to be part of or annexed to the Balance Sheet or Profit and Loss Account which are laid before the company in General Meeting during his tenure of office. The Directors have a duty to prepare them and present them to the auditor.

The auditor cannot require but advise the Directors to amend their system of maintaining accounts if it is faulty. If his suggestions are not carried out, he has a right to refer the matter to the members. If the method of accounting is inadequate, he must state the fact in his report that proper books of accounts have not been kept by the company.

Right of Access to Books of Accounts:

Every auditor of a Company has a right of access at all times to the books of accounts and vouchers of the company whether kept at the head office of the company or elsewhere.

Thus, the auditor may consult all the books, vouchers and documents whenever he so likes. This is his statutory right. He may pay a surprise visit without informing the Directors in advance but in practice, the auditors inform the Directors before they pay their visits.

Duties

Duties towards Government:

  • Assist the Investigation u/s 237: It is duty of auditor to assist the investigation ordered by the CG u/s 237.
  • CARO-2003: The auditor has to report para-wise that the company has fulfilled all the requirements of CARO-2003.

Duties towards Company:

  • Statutory Report: Section 165 requires that the auditor has to certify the statutory report.
  • Prospectus: According to Sec 56, the auditor is required to certify profits or losses, assets & Liabilities and dividend paid etc in the prospectus.
  • Public Deposits: Section 58AA requires the auditor to report about whether the company has followed all rules and guideline of RBI in regard to public deposits or not.
  • Insolvency (Section 488): If the company wants itself to be declared insolvent, it is duty of auditor to prepare profit and loss a/c for the current period.
  • Signature on Audit Report: Section 229: It is duty of auditor to sign on his report.

Duties towards General Public:

  • He should reveal all material information regarding the state of affairs of the company to the company as well as to the general public.
  • His office is of confidence and faith. He must be reliable in all respects.
  • While issuing prospectus u/s 56, he should see that the prospectus does not include any misleading information or material.

Duties towards the shareholders:

  • State that balance sheet and profit and loss a/c give all information required by law.
  • Report shareholders about true and fair state of affairs of the company.
  • State that balance sheet and profit and loss a/c agree with the books of account.
  • State that he has obtained all the necessary information.
  • State that balance sheet and profit and loss a/c agree with accounting standards.
  • State whether the company has maintained all books as required by law
  • State the reasons of qualification in his report.
  • State that he has received the audit report on the branch accounts audited by other auditor and how he has dealt with the same in preparing his report
  • Auditor shall state in his report whether:

a) The loans taken are properly secured and the terms of loans are not against the interests of the company.

b) Loans given are shown as fixed deposits and the terms of loans are not against the interests of the company.

  • Transactions recorded as book entry are not against the interests of the company
  • Personal expenses of directors have not been charged to revenue a/c of company;
  • The company fulfills the requirements of CARO 2003.

Auditing in an EDP Environment

There are two terms ‘Procedure and techniques’, which are often used interchangeably, in fact, however a distinction does exist. “Procedure may comprise a number of techniques and represents the broad frame of the manner of handling the audit work. Techniques stands for the methods employed for carrying out the procedure.” For example procedure Known as vouching which would involve techniques of inspection and checking computation of documentary evidence.

Audit Procedures:

As per AAS-1 on basic principles governing an audit states, the auditor should obtain sufficient appropriate audit evidence through the performance of compliance and substantive procedure to enable him to draw reasonable conclusions there from on which to base his opinion on the financial information. Therefore, audit procedure is broadly classified in two categories compliance; procedure and substantive procedure.

1) Compliance procedure are tests designed to obtain reasonable assurance that those internal controls on which audit reliance is to be placed are in effect. In obtaining audit evidence from compliance. Procedures, the auditor is concerned with assertions that the control exists, the control is operating effectively and the control has so operated through the period of intended reliance. So the auditor is concerned with the existence effective and continuity of the control system.

2) Substantive procedure are tests designed to obtain evidence as to the competences, accuracy and validity of the data produced by accounting system. They are of two types:

a) Tests of details of transactions and balances.

b) Analysis of significant ratios and trends including the resulting investigation of unusual fluctuations and items.

Audit Techniques:

Audit techniques on the other hand refers to collection and accumulation of audit evidence some of the techniques commonly adopted by the auditors are the following:

  • Posting checking
  • Casting checking
  • Physical examination and count
  • Confirmation
  • Inquiry
  • Year-end scrutiny
  • Re-computation
  • Tracing in subsequent period bank reconciliation.

Special Audit Techniques:

In an 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 the lack of visible audit trail may require the use of computer assisted audit techniques (CAATs) i.e. using the computers an audit tool. The auditor can use the computer to test.

  • The logic and controls existing within the system.
  • The records produced by the system.

Depending upon the complexity of the application system being audited, the approach may be fairly simple or require extensive technical competence on the part of the auditor. The effectiveness and efficiency of auditing. Procedure may be enhanced through the use of CAATs. Properly two common types of CAATs are in vogue, viz, test pack or test data and audit software or computer audit programmes.

EDP means (Electronic Data Processing) for the audit or a computer-based systems. For audit process of enterprise.

General EDP Controls: The purpose of general EDP controls is to establish a framework of overall control over the EDP activities and to provide a reasonable level of assurance that the overall objectives of internal control are achieved.

Organization and management control are designed to establish an organizational framework over EDP activities, including:

  • Policies and procedures relating to control functional.
  • Appropriate segregation of incompatible functions.

Application systems development and maintenance controls are designed to establish control over:

  • Testing, conversion, implementation and documentation of new or revised system.
  • Changes to application systems.
  • Access to system documentation
  • Acquisition of application systems from third parties

Computer operation controls are designed to control the operation of the systems and to provide reasonable assurance that:

  • The systems are used for authorized purposes only
  • Access to computer operations is restricted to authorized personnel.
  • Only authorized programs are used.
  • Processing errors are detected and corrected.

Systems Software Controls include:

  • Authorization, approval, testing, implementation and documentation of new systems software and systems software modifications.
  • Restrictions of access to systems software and documentation to authorize.

Data entry and program controls are designed to provide reasonable assurance that:

  • An authorization structure is established over transactions being entered into the system.
  • Access to data and programmes is restricted to authorized personal.
  • Offsite back-up of data and computer programmes.
  • Recovery procedures for use in the event of theft, loss or international or accidental destruction.
  • Provision for offsite forecasting in the event of disaster.

Voucher of Cash and Trading Transactions

Vouching of cash receipts (debit side of cash book)

(i) Opening Balance of Cash Book

Opening balance of cash book represents cash in hand at the start of the year and should verified from the balance sheet of last financial year.

(ii) Cash Received from Debtors

Consider the following points for verification of cash received from debtors:

  • The carbon copies or counterfoils of cash receipt book should be verified.
  • Cash receipt should be serially numbered.
  • Cash received should be entered on the same date when the cash is actually received.
  • The discount allowed to customers should be properly authorized by a responsible officer.
  • Correspondence with customer and ledger account should be tallied.

Following are the different ways used for misappropriation of cash:

  • Cash received from customer not recorded in books and no cash receipt may be issued.
  • Issuance of receipt for lesser amounts than amount actually received.
  • Using teeming and lading method; it is a very common method to misappropriate the money, in which the cash received from any customer not recorded in the books and the cash received from same customer at a later instance or another customer recorded in the books and so on.

(iii) Repayment of Loan by Others

Repayment of loan by others may be verified in the following ways:

  • Calculation of interest received and interest should be credited to interest received account.
  • Verification from bank statement if directly deposited by party into bank.
  • Checking of carbon copies or counterfoils of cash receipts.
  • To ensure that there should be no violation of Income Tax rules as payment of loan exceeding Rs. 20,000/- cannot be repaid in cash. It should be through Cheques, Demand Draft, NEFT, RTGS or any other available banking channels.

(iv) Rent Received

  • To check rental agreement or lease deed
  • In case where the rental income is received from more than one property, separate account for each property should be maintained.
  • The Auditor should verify that the rent for all the twelve month is received or not.
  • The amount of rent should be verified from the rent deed or the lease deed.
  • If TDS (Tax Deducted at Source) is deducted by the party, there should be proper accounting of TDS.

(v) Sale of Investments

  • To check bank statement if the sales proceeds have reached the bank account.
  • To verify broker commission, note or debit note, if investments are sold through broker.
  • To ensure separate accounting is being done for capital receipts and revenue receipts. Dividend or profit or loss on sale of investment is a revenue receipt and the sales proceeds of the investment cost should be booked as capital receipt.

(vi) Subscription

Subscriptions are received from the members of a club and the following points need to be considered by the Auditor while vouching subscription:

  • Subscription register should be verified.
  • Verification of subscription received during the year and the subscription receivable.
  • Counterfoil of cash receipt should be verified.

(vii) Sale of Fixed Assets

  • To check minutes of the meetings of the Board of Directors.
  • Sale agreement or sale contract.
  • Verification of agent account if sale is made through an agent.
  • Profit or Loss on sale of fixed assets should be booked to revenue account.
  • Authorization of sale of fixed assets.
  • Sale proceed of fixed assets should be credited to fixed assets account after deducting expenses on sale of fixed assets if any.

(viii) Interest and Dividend Received

  • Verification of the dividend warrant letter along with the covering letter for verification of dividends in case of dividends received through cheque.
  • Verification of bank statement, if the dividend is directly credited to the bank account
  • Interest on security can be vouched from the securities schedule.
  • Interest on fixed deposit can be verified from bank statement and TDS certificates
  • Interest received from outsiders to whom company has granted loan could be verified from statement of account of party along with TDS certificates.
  • Provision should be made for interest accrued but not due
  • All interest received and accrued should be properly accounted for in the books of accounts

(ix) Commission Received

  • Verification of agreement on the basis of which the commission is received
  • Calculation of the commission receivable
  • The commission received should be verified from counterfoils, bank statements, cash receipts, etc. and the provision for commission receivable should be rightly accounted for in the books of accounts
  • Commission receivable on “sale of goods sent on consignment” should be verified from sale account

(x) Installments Received on Hire-Purchase Sale

  • Study of the Hire-Purchase agreement for hire-purchase-sale price, number of installment, rate of interest etc.
  • Segregation of principle amount and interest amount should be done and both should separately account for
  • Profit on sale on hire-purchase should be duly calculated on the basis of installment received during the year

Vouching of cash payments (credit side of cash book)

All the payment made to creditors, expenses incurred in cash and all other payments done appear on the credit side of cash book and the Auditor is required to vouch cash payments because chances of cash misappropriation are very high.

Following points need to be considered for different types of cash payment:

(i) Opening Balance

The opening balance of cash book can never be credited because cash of company cannot be in negative but the credit bank balance represents the overdraft account from bank or utilization of cash credit limit as sanctioned from bank.

(ii) Payment to Creditors

Payment to creditors may be examined by the following:

  • Receipt issued by the creditors
  • If the creditor is paid amount as full and final settlement, the balance amount, if any stands in the ledger account of the creditor; this amount should be credited to discount received
  • If any advance payment is made to creditor that should be clearly mention
  • Statement of account of creditor

(iii) Payment of Salaries

Depending upon the adequacy of internal control system in an organization Auditor will decide his audit Program. It is very important for Auditor to check the following:

  • Attendance record of employee and salary register
  • Appointment letter of new employees
  • Comparison of current month salary with last month’s salary and if there is any abnormal change in amount, Auditor should verify the same
  • Alteration in amount of deductions on account of advance, loan, fine, funds, insurance, TDS, etc.

(iv) Payment of Wages

At the time of vouching of wages paid, the Auditor should verify the following points to avoid misappropriation of cash:

  • Adequacy of Internal Control System
  • Payment of wages at higher rate than allowed
  • Payment shown to ex-workers in the current month
  • Lower or non-deduction of advance or other deductions due
  • Payment to fictitious workers
  • Payment to workers who were absent from duty
  • Wages sheet should compare with wages register
  • Comparison of current month wages with last month’s wages and proper verification should be there for extra ordinary changes
  • Detailed verification for payment to casual workers
  • Vouching and verification of treatment accounting treatment for unpaid wages

(v) Purchase of Plant and Machinery

The Auditor should pay attention to the following:

  • Purchase invoice of machinery
  • Freight inward charges, installation charges, erection and commissioning charges should be capitalized
  • Treatment of Excise duty according to the excise rules

(vi) Purchase of Land & Building

Purchase of Land and Building can be vouched as follows:

  • Study of Lease hold agreement, if land is purchased on lease hold basis
  • Payment should be as per lease term
  • All the expenses incurred to acquire lease hold property should be debited to respective property account
  • Auditor should study the conveyance deeds in case property is purchased under free hold basis
  • For verification of payment, the Auditor can check the payment receipt and the conveyance deed

(vii) Rent Paid                   

Consider the following points for the verification of rent by the auditor:

  • Rent Deed
  • Rent receipt from Land lord
  • Provision for unpaid rent at the end of the year

(viii) Insurance Premium

Consider the following points for the verification of Insurance Premium:

  • Insurance policy issued by the Insurance Company
  • Insurance premium receipt
  • Insurance premium should not be related to any official of the company

(ix) Income Tax

Consider the following for the verification of Income:

  • Advance Tax Challan
  • Self-Assessment Tax challan
  • Income Tax demand notice
  • Assessment order

(x) Excise Duty

Consider the following for the verification of Excise Duty:

  • Rate of Excise Duty
  • Excise records and sale invoice for verification of excise duty

Issue of Materials to Production

Issues from stores must be efficiently organised so that the requirements of the production/operations department can be met.

Issue per schedule:

In a batch production unit sometime, the requisition for issue of stores is sent well ahead indicating when, i.e., the time and date it is required. The stores department will collect all the materials and keep them ready.

Then it will intimate the indenting department about this. Depending on the prevailing practice of the industry either they are collected from stores or delivered at the shop floor. This is desirable in order to prevent any loss of man-hour caused by sudden absenteeism of a worker in the production department.

Issue on request:

This is the most orthodox way of issue wherein the indenting department normally sends a man and collects the materials from stores.

Imprest issues:

In this system a list of certain items especially for tools and components and in specified quantities is approved. The list is then held in a sub-store or tool kit near the shop floor.

Replacement issue:

In most engineering industries a large number of workshop machines are used. So, there will be considerable requirements of tools and gauges. When a fresh issue has to be made the machine shop operator may be asked to return the old ones to the stores and obtain new one for replacement. This is done without issue notes and the storekeeper has to maintain proper records of such replacement.

Loan issues:

The issue of stores on loan should, as far as possible, be discouraged. Situations often arise where some amount of spares; electrical fitting, etc. are required on emergency basis due to some breakdowns. In such cases the materials are to be issued on a loan basis. However, the storekeeper is to maintain a separate record and ensure that they are returned before year-ending when annual stock-taking begins.

Stock records:

In a store-house where thousands of transactions take place some amount of records are to maintained. This makes it possible for the storekeeper to make an entry of all transactions.

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