How to report MSME 43B(h) disqualification in Tax Audit Reports in case of no record maintained by auditee regarding MSME classification ? (for Non-Corporates only)
This will be beneficial to practictioners engaged in audits of small assessees of Tier-2 & Tier-3 cities where it is practically impossible to check the compliance of Section 43B(h)!
DISCLAIMER: This information is provided for informational purposes only, and should not be construed as legal advice on the subject matter. Please consult your own tax, legal and accounting advisor before implementing it in your reports.
Add a point in the Notes to Accounts of the Assessee:
We do not have a system of identifying amounts due to Micro Enterprises or Small Enterprises on the basis of documents in our possession and accounting software used by us (the same of which is relied upon by the auditors).
Hence, we are unable to identify Micro Enterprises or Small Enterprises under the Micro, Small & Medium Enterprises Development Act, 2006.
Therefore, disclosures under Section 22 of the said Act are not necessary.
Also, make an agenda to incorporate the same in your MRL - and PLEASE UPLOAD SIGNED & STAMPED BALANCE SHEETS BY THE ASSESSEE - in 3CB-3CD attachments - TO JUSTIFY GENUINETY OF THE FINANCIALS AND NOTES TO ACCOUNTS!
On the same lines, put a disclaimer in your Tax Audit Reports (Form 3CB-3CD) in Para 5 of Form 3CB:
In the course of our audit, for the purpose of verifying disallowances under section 43B(h) of the Income-tax Act, 1961 as per clause 22, we have relied on the MSME classification provided by the auditee and the representations made by the management.
Consequently, we are unable to determine whether all amounts claimed under this section have been correctly accounted for and duly paid within the specified timeframes.
This limitation restricts our ability to verify the completeness and accuracy of the compliance with section 43B(h) and thereby reporting in Clause 22. As such, our report is qualified to this extent.
➡️ Other items of incomes not to be disclosed in 16d now.
➡️ EPF/ESI employee contt. disallowances u/s 36(1)(va) to be disclosed in 16d (should be matching with 20b details)
➡️ If immovable property held as SIT, diff. b/w FMV and SP > 10%, to be included in 16d.
➡️ Profit on sale of asset, not credited to PL to be disclosed in 16e.
➡️ Adjustment of loans by book entries = acceptance/repayment by other than account payee cheque for Clause 31 purposes
➡️ Deductions u/s 33 to be reported to extent of books audited by CA i.e. personal deductions are irrelevant for TAR reporting.
➡️ Clause 21(b) details must match with Clause 34 details: TDS not deducted/not paid/details of info not furnished.