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          QNO    Qualification of Auditor (Non-CA Appointed Tax Auditor)-                   Old Course-- (M18E)
          AOC.01  Bhaskar CNO -  AOC.040
                 Mr.  M,  has  served  as  an  auditor  in the Co-Operative Department  of  a Government,  is  appointed  as a
                 statutory auditor by a Co-Operative Society that has receipts over Rs 3 crores during the financial year. He

                 is not a Chartered Accountant. Mr. D, Chartered Accountant is appointed to conduct tax audit of the society
                 under section 44AB of the Income Tax Act, 1961. Comment.
          Answer     ➢  Provision:
                         Qualifications and Appointment of Auditors –
                         Apart from a chartered accountant within the meaning of the Chartered Accountants Act, 1949,
                         some of the State Co-operative Acts have permitted
                                persons holding a  government  diploma in co-operative accounts or in cooperation and
                                accountancy and
                                also a person who has served as an auditor in the cooperative department of a government
                                to act as an auditor.

                         An auditor of a co-operative society is appointed by the Registrar of Co-operative Societies and the
                         auditor so appointed conducts the audit on behalf of the Registrar and submits his report to him as
                         also to the society.

                     ➢  Applicability and Conclusion:
                         Thus, in view of above provisions, appointment of Mr. M as statutory auditor and Mr. D as tax auditor
                        under Section 44 AB is in order.

         QNO--      Case on Shareholding & Borrowing                                         New Course – (J25M)
         AOC.01.20   Bhaskar CNO – AOC.040

                    Aman Cooperative Society appointed FAB & Associates as an auditor for the financial year 2023-2024.
                    During the audit, the auditors noted the following details:

                                    Number of shares                       1000 shares @ ₹ 10/- each
                                    Net  Profit before compulsory transfer to  ₹ 10,000 /-
                                    reserve fund
                                    Net  Profit  after  compulsory  transfer  to  ₹ 8,000 /-
                                    reserve fund

                       (I)  Mr. Dhairya, a member of society, holds 200 shares amounting to ₹ 2000 from the previous year.

                       (II)  Upon  verifying  the  society’s  borrowings,  the  auditors  found  that  Cooperative  Society  had
                           accepted  a  loan  from  Mr.  Shivam,  a  nonmember.  The  auditors  did  not  find  any  restrictions
                           regarding this in the society’s bye laws.

                      Comment on the above transactions of the society with reference to the Co-operative Societies Act,
                           1912.


         Answer       Restrictions on share holdings: - According to section 5 of the Central Act, in the case of a society where
                      the liability of a member of the society is limited, no member of a society other than a registered society
                      can hold such portion of the share capital of the society as would exceed a maximum of twenty percent of
                      the total number of shares or of the value of shareholding to ₹ 1,000/-.
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