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QNO      Cl 9--Money Raised Miss-Applied (Loan for R&D)   Old Course – (N05E, M12M, N12R, N12E ,M16R,
        406.000   TITANIUM CNO—CARO.200                               SM17, PM17, N17M, M18M, N18M, SM21)
                 Under CARO, 2020, as a statutory auditor, how would you report on the following:
                 A Term Loan was obtained from a bank for ` 80 lakh for acquiring R&D equipment, out of which ` 15 lakh
                 was used to buy a car for use of the concerned director who was overlooking the R&D activities.
                                                             OR
                 A term loan was obtained from a bank for ` 80 lakhs for acquiring R&D equipment, out of which ` 15 lakh
                 was used to buy a car for use of the concerned director who was looking at the R&D activities. As a
                 statutory auditor, how would you report under CARO 2020?
        Answer  Part I -- Relevant Standards & Laws
                    ▪  Clause (ix) of Para 3 of CARO, 2020
                 Part II -- Requirements of Relevant Standards & Laws
                    ➢  Clause (ix) of Para 3 of CARO, 2020

                        According to clause (ix) of Para 3 of CARO, 2020, the auditor is required to report “whether term
                        loans were applied for the purpose for which the loans were obtained; if not, the amount of loan
                        so diverted and the purpose for which it is used may be reported”

                        The auditor should examine the terms and conditions of the term loan with the actual utilisation of
                        the loans. If the auditor finds that the fund has not been utilized for the purpose for which they
                        were obtained, the report should state the fact.

                 Part III – Case Discussion
                    ➢  In the instant case, term loan taken for the purpose of R&D equipment has been utilized for the
                        purchase of car for the use of the director who was involved in the R&D activities.
                 Part IV – Conclusion
                    ➢  Car though used by R&D Director does not fall within the meaning of R&D equipment. The auditor
                        is required to state the fact in his report as per Paragraph 3 clause (ix) of the CARO 2020, that out
                        of the term loan taken for R&D equipment, ` 15 lakh was not utilised for the purpose of acquiring
                        R&D equipment.

        QNO      Cl 9--Money Raised Miss-applied (Loan for P&M)                           Old Course – (N18E)
        406.010   TITANIUM CNO—CARO.200
                 During the financial year ended on 31/03/2018, LM Private Limited had borrowed from a Nationalized
                 Bank, a term loan of Rs 120 lakhs consisting of Rs 100 lakhs for purchase of machinery for the new plant
                 and Rs 20 lakhs for erection expenses. As on the date of 31st March 2018, the total of capital and free
                 reserves of the Company was Rs 50 lakhs and turnover for the year 2017-18 was Rs 750 lakhs.  The Bank
                 paid  Rs  100  lakhs  to  the  vendor  of  the  Company  for  the  supply  of  machinery  on  31/12/2017.  The

                 machinery had reached the yard of the Company. On 28/02/2018, the Company had drawn the balance
                 of loan viz. Rs 20 lakhs to the credit of its current account maintained with the Bank and utilized the full
                 amount for renovating its administrative office building. The machinery had been kept as capital stock
                 under construction. Comment as to reporting issues, if any, that the Auditor should be concerned with
                 for the financial year ended on 31/03/2018, in this respect.

        Answer      ➢  Applicability of CARO, 2020 and Utilization of Term Loan:

                        •  Exemptions from CARO for private companies
                             •  CARO ,2020 specifically exempts a private limited company,
                             •  not being a subsidiary company of a public company,
                             •  having  a  paid-up  capital,  reserves &  surplus  not  more  than  rupees  one  crore  as  on
                                balance sheet date and
                             •  which  does not have total borrowing exceeding  rupees one crore from any bank or
                                financial institution at any point of time during the year and
                             •  which does not have a total revenue as disclosed in Schedule III to the companies Act
                                2013 exceeding Rs 10 crore during the financial year as per financial statements.

                        •  Case Discussion & Conclusion on Exemption


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