Page 307 - CA Final PARAM Digital Book.
P. 307

(II) Other Income                             18                             100
                  (III) Total Income                                                          10000

                 On going through details of head “other expenditure” in expenses side of statement of profit and loss, it is
                 noticed that there is an expenditure relating to manpower outsourcing cost amounting to ₹ 99.50 crores
                 included under “other expenditure”.

                 Does it meet the requirements of Division III of Schedule III of Companies Act, 2013?
         Answer  An NBFC is preparing financial statements in accordance with requirements of Division III of Schedule III of
                 Companies Act, 2013 has to separately disclose by way of note any item of “other expenditure” exceeding 1%
                 of total income.

                 The said expenditure of ₹ 99.50 crore does not exceed 1% of total income. Hence, it meets requirements of
                 Division III of Schedule III of Companies Act, 2013.


          QNO     NBFC CARO Reporting                                                     New Course – (SM23)
          525.500 TITANIUM CNO -- Unique

                  Abhimanyu Finance Ltd. is a Non-Banking Finance Company and was in the business of accepting public
                  deposits and giving loans since 2015. The company was having net owned funds of ₹ 1,50,00,000/-(one
                  crore fifty lakhs) and was not having registration certificate from RBI and applied for it on 30th March
                  2023. The company appointed Mr. Kabra as its statutory auditors for the year 2022-23. Advise the auditor
                  with reference to auditor procedures to be taken and reporting requirements on the same in view of
                  CARO 2020?
          Answer  As  per  Clause  (xvi)  of  Paragraph  3  of  CARO  2020,  the  auditor  is  required  to  report  that  “whether  the
                  company is required to be registered under section 45-IA of the Reserve Bank of India Act, 1934 and if so,
                  whether the registration has been obtained.”

                  The  auditor  is  required  to  examine  whether  the  company  is  engaged  in  the  business  which  attract  the
                  requirements  of  the  registration.  The  registration  is  required  where  the  financing  activity  is  a  principal
                  business  of  the  company.  The  RBI  restrict  companies  from  carrying  on  the  business  of  a  non-banking
                  financial institution without obtaining the certificate of registration.

                  Audit Procedures and Reporting:
                      (i)    The  auditor  should  examine  the  transactions  of  the  company  with  relation  to  the  activities
                             covered under the RBI Act and directions related to the Non-Banking Financial Companies.

                      (ii)   The financial statements should be examined to ascertain whether company’s financial assets
                             constitute more than 50 per cent of the total assets and income from financial assets constitute
                             more than 50 per cent of the gross income.

                      (iii)   Whether the company has net owned funds as required for the registration as NBFC.

                      (iv)   Whether  the  company  has obtained  the  registration  as  NBFC,  if  not,  the  reasons  should  be
                             sought from the management and documented.

                      (v)    The auditor should report incorporating the following:-

                                 (1)  Whether the registration is required under section 45-IA of the RBI Act, 1934.
                                 (2)  If so, whether it has obtained the registration.
                                 (3)  If the registration not obtained, reasons thereof.

                  In the instant case Abhimanyu Finance Ltd. is a Non-Banking Finance Company and was in the business of
                  accepting  public  deposits  and  giving  loans  since  2015.  The  company  was  having  net  owned  funds  of  ₹
                  1,50,00,000/-(one crore fifty lakhs) which is less in comparison to the prescribed limit i.e. 2 crore rupees and
                  was also not having registration certificate from RBI (though applied for it on 30th March 2021). The auditor
                  is required to report on the same as per Clause (xvi) of Paragraph 3 of CARO 2020.
          www.auditguru.in                                                  PARAM                                                            14.38 | P a g e
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