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Part III – Case Discussion
                    ➢  In this case, K Ltd. has defaulted in repayment of dues for three years. Application for rescheduling
                        will not change the default position.

                 Part IV – Conclusion
                    ➢  Hence  the  auditor  has  to  report  in  his  audit  report  that  the  Company  has  defaulted  in  its
                        repayment of dues to the bank to the extent of ₹ 120 lakhs.


        QNO      Cl 9--Default in Repayment (Re-schedulement Case Study)                   Old Course –(N22R)
        404.500   TITANIUM CNO—CARO.200
                 Gautam Limited had borrowed ₹ 1000 crore from XYZ Bank, the principal of which was repayable after 5
                 years and interest was payable at the end of each year. For 4 years, Gautam Limited paid the interest
                 amount on time. Gautam Limited defaulted the 5th instalment of interest payment and principal which
                 was due on June 30, 2021. On March 31, 2021, Gautam Limited approached XYZ bank and MNO bank to
                 restructure the existing liability. As a result, the existing principal and outstanding and overdue interest
                 was restructured into a new loan amounting to  ₹ 1,100 crore. The management did not provide any
                 disclosure for the default on the loan on the belief that the old loan ceased to exist and the new loan has
                 maturity after 5 years.
                 During  the  statutory  audit  for  the  financial  year  2021-22,  KP  &  Co.  identified  this  transaction  and
                 obtained  the  relevant  documents  and  understanding.  Based  on  the  underlying  documents,  it  was
                 identified that the said restructuring agreement was approved and signed on April 8, 2022, by both of
                 the  banks.  As  a  result,  on  March  31,  2022,  the  restructuring  was  still  not  approved.
                 In the light of the above scenario, kindly guide the statutory auditors in the reporting of this transaction.
        Answer  As per Clause 3(ix) of CARO 2020, the auditor is required to report whether the company has defaulted in
                 repayment of loans or other borrowings or in the payment of interest thereon to any lender, if yes, the
                 period and the amount of default to be reported as per the format below.

                  Nature     of  Name       of  Amount     not  Whether        No. of days    Remarks, if any
                  borrowing,     lender         paid  on  due  principal   or  delay or
                  including debt                date            interest       unpaid
                  securities
                                 lender   wise
                                 details to be
                                 provided in
                                 case       of
                                 defaults   to
                                 banks,
                                 financial
                                 institutions
                                 and
                                 Government.

                 In the given case, the company Gautam Limited defaulted in payment of the principal amount of the loan
                 due of ` 1000 crore on 30 June 2021 and the interest instalment of ` 100 crore. The said default continued
                 till  the  end  of  the  year  and  on  8  April  2022,  a  restructuring  agreement  was  signed  by  the  banks  and
                 company for re-structuring the outstanding loan. Moreover, no disclosure was provided by the company
                 with respect to the said matter.

                 Hence the auditor is required to report the same matter under Clause (ix) of Para 3 of CARO 2020, i.e.,
                 whether  the  company  has  defaulted  in  repayment  of  loans  or  other  borrowings  or  in  the  payment  of
                 interest thereon to any lender, if yes, then provide the details of the period and the amount of default.
                 Also, the auditor needs to consider the impact of such non-disclosure and the non-compliance with the
                 financial reporting framework and accordingly the auditor needs to either issue a qualified opinion or an
                 adverse opinion as per SA 705, “Modifications to the Opinion in the Independent Auditor’s Report”.

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