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Comparison of CARO 2020, 2016 and 2015

Clause by Clause Comparison of the Reporting Companies Auditor’s Report Order 2020 Previous CAROs.

Comparison of CARO 2020, 2016 and 2015: Ministry of Corporate Affairs has issued a notification on February 25, 2020. The draft Companies (Auditor’s Report) Order, 2020 has been placed on the Ministry’s website at www.mca.gov.in. It has been decided to invite suggestions/comments on the above draft.

Accordingly, the draft Companies (Auditor’s Report) Order, 2020 has been placed on the website of MCA, with a notice inviting suggestions/comments thereon along with justification in brief.

Comparison of CARO

comparison of caro 2020,2016 and 2015

 

 

Clause by Clause Comparison of CARO the Reporting Companies (Auditor’s Report) Order 2020 Previous CARO

CARO201520162020
ISSUE DATE10 April,201529 March, 201625th February,2020
EFFECTIVE DATEAudits of FY 2014-15 and onwardsAudits   of    FY   2015-16          and onwardsAudits of FY 2019-20 and onwards
Para 3 – (clause by clause)(i) (a) whether the company is maintaining proper records showing full particulars, including quantitative details and situation of fixed assets;(i)(a) whether the company is maintaining proper records showing full particulars, including quantitative details and situation of fixed assets;(i)(a) (A) whether the company is maintaining proper records showing full particulars, including quantitative details and situation of Property, Plant and Equipment;

(B) whether the company is maintaining proper records showing full particulars of intangible assets;

(b) whether these fixed assets have been physically verified by the management at reasonable intervals; whether any material discrepancies were noticed on such verification and if so, whether the same have been properly dealt with in the books of account;(b) whether these fixed assets have been physically verified by the management at reasonable intervals; whether any material discrepancies were noticed on such verification and if so, whether the same have been properly dealt with in the books of account;(b) whether these Property, Plant and Equipment have been physically verified by the management at reasonable intervals; whether any material discrepancies were noticed on such verification and if so, whether the same have been properly dealt with in the books of account;
(c) whether the title deeds of immovable properties are held in the name of the company. If not, provide the details thereof;(c) whether the title deeds of all the immovable properties. (other than properties where the Company is the lessee and the lease agreements are duly executed in favour of the lessee) disclosed in the

financial  statements  are  held   in  the  name  of   the company. If not, provide the details thereof in the format below;

Description of propertyGross carrying valueHeld in the name ofWhether promote r, director or their relative or employeePeriod held    – indicate range, where appropriateReason for not being held in the name of the company*
*also indicate if in dispute
(d) Whether the Company has revalued its Property, Plant and Equipment (including Right of Use assets) or intangible assets or both during the year and, if so, whether the revaluation is based on the valuation by a Registered Valuer; specify the amount of change, if change is 10% or more in the aggregate of the net carrying value of each class of Property, Plant and Equipment or intangible assets;
(e) Whether any proceedings have been initiated or are pending against the company for holding any Benami property under the “Benami Transactions (Prohibition) Act, 1988 and Rules made there under; if so, whether the Company has appropriately disclosed the details in its financial statements;
(ii)       (a) whether physical verification  of  inventory has been conducted at reasonable intervals by the management(ii)       whether physical verification  of  inventory  has been conducted  at  reasonable intervals by the management and whether any material discrepancies were noticed and if so, whether they have been properly dealt with in the books of account;(ii) (a) whether physical verification of inventory has been   conducted   at    reasonable    intervals   by  the management  and  whether,  in  the  opinion  of  the auditor, the coverage and procedure of such verification by the management is appropriate; whether any discrepancies of 10% or more in the aggregate for each class of inventory were noticed and if so, whether they have been properly dealt with in the books of account;
(b) are the procedures of physical verification of inventory followed by the management reasonable and adequate in relation to the size of the company and the nature of its business. If not, the inadequacies in such procedures should be reported;(b) whether during any point of time of the year, the Company has been sanctioned working capital limits in excess of Rs. 5 crores, in aggregate, from banks or financial institutions on the basis of security of current assets; whether the quarterly returns or statements filed by the Company with such banks or financial institutions are in agreement with the books of account of the Company. If not, give details.
(c) whether the company is maintaining proper records of inventory and whether any material discrepancies were noticed on physical verification and if so, whether the same have been properly dealt with in the books of account;
(iii) whether the company has granted any loans, secured or unsecured to companies,   firms    or  other parties      covered in the register maintained under section 189 of the Companies Act. If so,(iii) whether the company has granted any loans, secured or unsecured to companies, firms, Limited   Liability   Partnerships  or other parties covered in the register maintained under section 189 of the Companies Act, 2013. If so,(iii) whether during the  year  the  company  has made investments in, provided any guarantee or security or granted any loans or advances in the nature of loans,  secured  or unsecured to companies, firms,   Limited   Liability   Partnerships   or   any other parties. If so,
 

(a) whether receipt or the principal amount and interest are also regular; and

 

(a) whether the terms and conditions of the grant of such loans are not prejudicial to the company’s interest;

 

(a)               whether during the year the company has provided loans or provided advances in the nature of loans, or stood guarantee, or provided security to any other entity [not applicable to companies whose principal business is to give loans], if so, indicate-

(A)  the aggregate amount during the year, and balance outstanding at the balance sheet date with respect to such loans or advances and guarantees or security to subsidiaries, joint ventures and associates.

(B)  the aggregate amount during the year, and balance outstanding at the balance sheet date with respect to such loans or advances and guarantees or security to parties other than subsidiaries, joint ventures and associates.

(b) if overdue amount is more than rupees one lakh, whether reasonable steps have been taken by the company for recovery of the principal and interest;(b)       whether the schedule of repayment of principal and payment of interest has been stipulated and whether the repayments or receipts are regular;(b) whether the investments made, guarantees provided, security given and the terms and conditions of the grant of all loans and advances in the nature  of loans and guarantees provided are not prejudicial to the company’s interest;
(c)if the amount is overdue, state the total amount overdue for more than ninety days, and whether reasonable steps have been taken by the company for recovery of the principal and interest;(c) in respect of loans and advances in the nature of loans whether the schedule of repayment of principal and payment of interest has been stipulated and whether the repayments or receipts are regular;
(d) if the amount is overdue, state the total amount overdue for more than ninety days, and whether reasonable steps have been taken by the company for recovery of the principal and interest;
(e) whether any loan or advance in the nature of loan granted which has fallen due during the year, has been renewed or extended or fresh loans granted to settle the overdues of existing loans given to the same parties; If so, specify the aggregate amount of such dues renewed or extended or settled by fresh loans and the percentage of the aggregate to the total loans or advances in the nature of loans granted during the year. [Not applicable to companies whose principal business is to give loans];
(f) whether the Company has granted any loans or advances in the nature of loans either repayable on demand or without specifying any terms or period of repayment; if so, specify the aggregate amount, percentage thereof to the total loans granted, aggregate amount of loans granted to Promoters, related parties as defined in clause (76) of section 2 of the Companies Act, 2013
(iv) is there an adequate internal control system commensurate with the size of the company and the nature of its business, for the purchase of inventory and fixed assets  and  for the  sale of      goods and services Whether there is a continuing failure to correct major weaknesses in internal control system(iv) in respect of loans, investments, guarantees, and security whether provisions of section 185 and 186 of the Companies Act, 2013 have been complied with. If not, provide the details thereof.iv)    in respect of loans, investments, guarantees,  and security whether provisions of section 185 and 186 of the Companies Act, 2013 have been complied with. If not, provide the details thereof.
(v) in case the company has accepted deposits, whether the directives issued by the Reserve Bank of India and the provisions of sections 73 to

76 or any other relevant provisions of the Companies Act and the rules framed there under, where applicable, have been complied with? if not, the nature of contraventions should be stated; If an order has been passed by Company Law Board or National Company Law Tribunal or Reserve Bank of India or any court or any other tribunal, whether the same has been complied with or not?

(v) in case, the company has accepted deposits, whether the directives issued by the Reserve Bank of India and the provisions of sections 73 to 76 or any other relevant provisions of the Companies Act, 2013 and the rules framed thereunder, where applicable, have been complied with? If not, the nature of such contraventions be stated; If an order has been passed by Company Law Board or National Company Law Tribunal or Reserve Bank of India or any court or any other tribunal, whether the same has been complied with or not?(v) in respect  of deposits accepted by the Company or amounts which are deemed to be deposits, whether the directives issued by the Reserve Bank of India and the provisions of sections 73 to

76 or any other relevant provisions of the Companies Act, 2013 and the rules framed thereunder, where applicable, have been complied with? If not, the nature of such contraventions be stated; If an order has been passed by Company Law Board or National Company Law Tribunal or Reserve Bank of India or any court or any other tribunal, whether the same has been complied with or not?

(vi) where maintenance of cost records has been specified by the Central Government under sub- section (1) of section 148 of the Companies Act, whether such accounts and records have been made and maintained;(vi)  whether   maintenance   of cost records has been specified by the Central Government under sub-section (1) of section 148 of the Companies Act, 2013 and whether such accounts and records have been so made and maintained.(vi) whether maintenance of cost records has been specified by the Central Government under sub- section (1) of section 148 of the Companies Act and whether such accounts and records have been so made and maintained.
(vii) (a) is the company regular in depositing undisputed statutory dues including provident fund, employees’ state insurance, income-tax, sales-Lax, wealth tax, service tax, duty of customs, duty of excise,  value added tax, cess and any other statutory dues with the appropriate authorities and if not, the extent of the arrears of outstanding statutory dues as at the last day of the financial year concerned for a period of more than six months from the date they became payable, shall be indicated by the auditor.(vii)       (a) whether the company is regular in depositing undisputed statutory dues including provident fund, employees’ state insurance, income-tax, sales-tax, service tax, duty of customs, duty of excise, value added tax, cess and any other statutory dues to the appropriate authorities and if not, the extent of the arrears of outstanding statutory dues as on the last day of the financial year concerned for a period of more than six months from the date they became payable, shall be indicated;(vii) (a) whether the company is regular in depositing undisputed statutory dues including Goods and Service Tax, provident fund, employees’ state insurance, income-tax, sales-tax, service tax, duty of customs, duty of excise, value added tax, cess and any other statutory dues to the appropriate authorities and if not, the extent of the arrears of outstanding statutory dues as on the last day of the financial year concerned for a period of more than six months from the date they became payable, shall be indicated;
(b) in case dues of income tax or sales tax or wealth tax or service tax or duty of customs or duty of excise or value added tax or cess have not been deposited on account  of any  dispute, then the   amounts   involved and the forum where dispute is pending shall be mentioned. (A mere representation to the concerned Department shall not constitute a dispute).(b)      where  dues of income  tax or sales tax or service tax or duty  of customs or duty of excise or value added tax have not been deposited on account of any dispute, then the amounts involved   and   the   forum   where dispute is pending shall be mentioned. (A mere representation to the concerned Department shall not be treated as a dispute).(b) where statutory dues referred to in sub- clause (a) have not been deposited on account of any dispute, then the amounts involved and the forum where dispute is pending shall be mentioned. (A mere representation to the concerned Department shall not be treated as a dispute).
(c) whether the amount required to be transferred to investor education and protection       fund                         in accordance with the relevant provisions of the Companies Act, 1956 ( 1 of 1956) and rules made thereunder has been transferred to such fund within time.
(viii) whether in case of a company which has been registered for a period not less than five years, its accumulated losses at the end of the financial year are not less than fifty per cent of its net worth and whether it has incurred cash losses in such financial year and in the immediately                              preceding financial year;(viii) whether the company has defaulted in repayment of loans or borrowing to a financial institution, bank, government or dues to debenture holders? If yes, the period and the amount of default to be reported (in case of defaults to banks, financial institutions, and government, lender wise details to be provided).(viii) whether any transactions not recorded in the books of account have been surrendered or disclosed as income during the year in the tax assessments under the Income Tax Act, 1961; if so, whether the previously unrecorded income has been properly recorded in the books of account during the year?
(ix) whether the company has defaulted in repayment of dues to a  financial institution or      bank      or     debenture holders? If yes, the period and amount of default to be(ix)  whether moneys  raised by way of initial public offer or further public      offer      (including     debt

instruments) and term  loans  were applied for the purposes for which those are raised. If not, the details may be applicable, be reported;

(ix) (a) 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 borrowing included debt securitiesName of Lender*Amount not paid on due dateWhether principle or interestNumber of days delay or unpaidRemarks if any
Lender wise details to be provided in case of details to banks financial institutions and government

 

(b) Whether the company is a declared willful defaulter by any bank or financial institution or other lender?
(c) 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.
(d)whether funds raised on short term basis have been utilized for long term purposes? If yes, the nature and amount to be indicated.
(e)whether the Company has taken any funds from any entity or person on account of or to meet the obligations of its subsidiaries, associates or joint ventures? If so, details thereof with nature of such transactions and the amount in each case .
(f)whether the Company has raised loans during the year on the pledge of securities held in its subsidiaries, joint ventures or associate companies? If  so,  give details thereof and also report if the company has defaulted in repayment of such loans raised.
(x) whether the company has given any guarantee for loans taken by others from bank or financial institutions, the terms and conditions whereof are prejudicial  to the interest of the company;(x) whether any fraud by the company or any fraud on the Company by its officers or employees has been noticed or reported during the year; If yes, the nature and the amount involved is to be indicated;(x) (a) whether moneys raised by way  of  initial  public offer or further public offer (including debt instruments) during the year were applied for the purposes for which those are raised. If not, the details together with delays or default and subsequent rectification, if any, as may be applicable, be reported;
(b) whether the Company has made any preferential allotment or private placement of shares or convertible debentures (fully, partially or optionally convertible) during the year and if so, whether the requirements of Section 42 and Section 62 of the Companies Act, 2013 have been complied with and the funds raised have been used for the purposes for which the funds were raised. If not, provide details in respect of amount involved and nature of non- compliance;
(xi) whether term loans were applied for the purpose for which the loans were obtained;(xi)        whether                                    managerial remuneration has been paid or provided in accordance with the requisite approvals mandated by the provisions of section 197 read with Schedule V to the Companies Act? If not, state the amount involved and steps taken by the company for securing refund of the same;(xi) (a) whether any fraud by the company or any fraud on the Company has been noticed or reported during the year; If yes, the nature and the amount involved is to be indicated;
(b) whether any report under sub-Section (12) of Section 143 of the Companies Act has been filed by the auditors in Form ADT-4 as prescribed under Rule 13 of Companies (Audit and Auditors) Rules 2014 with the Central Government?
(c) whether the auditor has considered whistle- blower complaints, if any, received during the year by the Company?
(xii) whether any fraud on or by the company has been noticed or reported during the year; If yes, the nature and the amount involved  is to be indicated.(xii)   whether   the   Nidhi Company has complied with the Net Owned Funds to Deposits in the ratio of 1: 20 to meet out the liability and whether the Nidhi Company is maintaining ten per cent unencumbered term deposits as specified in the Nidhi Rules, 2014 to meet out the liability;(xii) (a) whether the Nidhi Company has complied with the Net Owned Funds to Deposits in the ratio of 1:20 to meet out the liability
(b) whether the Nidhi Company is maintaining ten per cent unencumbered term deposits as specified in the Nidhi Rules, 2014 to meet out the liability;
(c). whether there has been any default in payment of interest on deposits or repayment thereof for any period and if so, the details thereof
(xiii)    whether all transactions with   the   related   parties   are  in

compliance with section 177 and 188 of Companies Act, 2013 where

(xiii) whether all transactions with the related parties are  in  compliance  with  sections 177 and 188 of

Companies Act where applicable and the details have been disclosed in the Financial Statements

applicable and the details have been disclosed in the Financial Statements etc., as required by the applicable accounting standards;etc., as required by the applicable accounting standards;
(xiv) whether the company has made any preferential allotment or private placement of shares or fully or partly convertible debentures during the year under review and if so, as to whether the requirement of section 42 of the Companies  Act, 2013 have been complied with and the amount raised have been used for the purposes for which the funds were raised. If not, provide the details in respect of the amount involved and nature of non-compliance;(xiv) (a) whether the company has an internal audit system commensurate with the size and nature of its business?

(b) Whether the reports of the Internal Auditors for the period under audit were considered by the statutory auditor?

(xv) whether the company has entered into any non-cash transactions with directors or persons connected with him and if so, whether the provisions of section 192 of Companies Act, 2013 have been complied with;(xv) whether the company has entered into any non- cash transactions with directors or persons connected with him and if so, whether the provisions of section 192 of Companies Act have been complied with;
(xvi) 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.(xvi) (a) whether the company is required to be registered under section 45-1A of the Reserve Bank of India Act, 1934 and if so, whether the registration has been obtained.
(b) whether the Company has conducted any Non- Banking Financial or Housing Finance activities without a valid Certificate of Registration (CoR) from the Reserve Bank of India as per the Reserve Bank of India Act 1934
(c) whether the Company is a Core Investment Company (CIC) as defined under the Regulations by the Reserve Bank of India? If so, whether it continues to fulfil the criteria of a CIC and In case the company is an exempted or unregistered CIC, whether it continues to fulfil such criteria.
(d) Whether the Group has more than one CIC as part of the Group, If yes, indicate the number of CICs which are part of the Group.
(xvii) whether the  Company  has  incurred  cash losses in the Financial Year and in the immediately preceding Financial year? If so, state the amount of cash losses
(xviii) whether there has been any resignation of the statutory auditors during the year? If so, whether the auditor has taken into consideration the issues, objections or concerns raised by the outgoing auditors?
(xix) on the basis of the financial ratios, ageing and expected dates of realization of financial assets and payment of financial liabilities, other information accompanying the financial statements, the auditor’s knowledge of the Board of Directors and management plans, whether the auditor is of the opinion that no material uncertainty exists as on the date of the audit report that company is capable of meeting its liabilities existing at the date of balance sheet as and when they fall due within a period of one year from the balance sheet date.
xx) (a) whether, in respect of other than ongoing projects, the company has transferred unspent amount to a Fund specified in Schedule VII to the Companies Act within a period of six months of the expiry of the financial year in compliance with second proviso to sub-section (5) of section 135 of the said Act.
(b) whether any amount remaining unspent under sub-section (5) of section 135 of the Companies Act pursuant to any ongoing project, has been transferred to special account in compliance with the provision of sub-section (6) of section 135 of the said Act.
(xxi) whether there have been any qualifications or adverse remarks by the respective auditors in the Companies (Auditor’s Report) Order (CARO) reports    of   the    companies    included    in the consolidated    financial    statements? If  yes,indicate the details of the companies and the paragraph numbers of the CARO report containing the qualifications or adverse remarks

 

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