New Schedule VI Parveen Kumar II Director II Corporate Catalyst India Pvt Ltd (www.cci.in ) 1 Agenda • Background • Key Changes • Issues • Challenges 2 FINANCIAL STATEMENTS… Financial Fi i l Position OBJECTIVE Performance Changes in Financial Position 3 FINANCIAL STATEMENTS… Understandability Relevance Reliability Qualitative Q lit ti Characteristics Substance Over Form Comparability Prudence Completeness Concepts, p Principles p and Conventions Going G i Concern Accrual Consistency Materiality CASE I Whether unrealized loss on outstanding interest rates Wh th li d l t t di i t t t swaps would be allowable as business deduction CBDT internal guidelines (I t ti (Instructions no. 03/10 dt. 23 March 2010) 03/10 dt 23 M h 2010) In case derivative contract is not settled , position held in the financial instruments are marked to market As regards MTM losses, if the same is debited to P&L by the tax payer, CBDT has taken a view that such notional losses would be contingent in nature and hence can not be set off against income JP Morgan Chase Bank v. ADIT JP Morgan Chase Bank v. ADIT (2010‐TII‐185‐ITAT‐DEL‐INTL) Facts Debited to P&L amount as loss incurred on revaluation of interest rate swap transactions It marked to market the entire outstanding trading swap g g p by comparing present value of floating interest cash flows on fixed rates flows on fixed rates Difference recorded in P&L account ITO disallowed the claim for deduction Assessee arguments Profit on revaluation of interest rate swaps arrived at in the same manner was taxed in earlier years and the method of accounting system followed was in terms of the guidelines on interest rates swap issued by RBI CIT (A) relied on the decision in the case of United commercial Bank v CIT (1999) 240 ITR 355 (SC) and held that premium is a cost of the swap transaction to the Assessee. Therefore the loss for the period up to the year end was allowed by CIT (A) Revenue filed an appeal against the CIT (A) (A)’ss order Issue Whether unrealized loss on outstanding interest rate swaps at the year end would be allowed as business deduction Tribunal Ruling.. The Assessee was following consistent method of accounting for interest rate swaps in terms of guidelines of RBI As per rule of consistency the method adopted by the Assessee had to be accepted and expenses would be allowed India works on a multi-regulator model R Reserve B k (RBI) Bank MCA State Registrar Of Chit Funds National Housing IRDA Bank RBI regulates deposit taking activity NBFCs HFC …FC AAA.C ..C XX co. SEBI XXX LC YY Infrastructure XXX Nidhi ZZZZ Chit Fund C. CCCC SBC General Insurance MF ABC The Companies Act Section 211 (1) – Every balance sheet of a company shall give a true and fair view of the state of affairs of the company as at end of the financial year and shall, subject to the provisions of this section, ti b in be i the th form f sett outt in i Part P t I off Schedule S h d l VI, VI ……….., ……. and in preparing the balance sheet due regard shall be had, as far as may be, to the general instructions for preparation of balance sheet under the heading “ notes” at the end of that part. 1 5 The Companies Act Section 211 (2) – Every profit and loss account of a company shall give a true and fair view of the profit and loss of the company for the financial year and shall, subject as aforesaid, comply with the requirements of Part II of Schedule VI,……. 1 6 Revision……. The Ministry of Corporate Affairs (MCA) has hosted on its website a Revised Schedule VI to the Companies Act, 1956, laying down a new format for preparation and presentation of the financial statements by Indian companies. 17 A p p lic a b ilit y ……. ‐ Notification no S.O. 447 (E) dated 28th Feb 2011 ‐Notification Notification no. no S.O. S O 653 (E) dated 30th March 2011 'The notification shall come into force for the balance Sheet and Profit and Loss Account to be prepared for the financial year commencing on or after f 1‐4‐2011.” 18 Guidance Note – ICAI To make Indian business and companies competitive and globally recognisable, a need was felt that format of Fi Financial i l Statements St t t off Indian I di corporates t should h ld be b comparable with international format. Since most of the Indian Accounting Standards are being made at par with the international Accounting Standards, the changes to format of Financial Statements to align with the Accounting Standards will make Indian companies competitive on the global financial world …. 1 9 Previous Schedule VI Part I Part II Part III Part IV • Format of F t f Balance Sheet • Requirement Requirement of Profit and Loss Account • Interpretation Interpretation for part I & II • Abstract and Abstract and Company Profile 2 0 STRUCTURE OF REVISED SCHEDULE VI General Instructions • Basic Info • Concept C t Balance Sheet • Vertical form • Instructions Part II Statement of f Profit and Loss • Format • Instructions Part I 2 1 What’s New in it … 2 2 Formats … 2 3 Part 1 – Form of Balance Sheet Name of the Company………. Balance Sheet as at …………… Particulars (Rupees in………...) Note no. Figures as at the end of current reporting period Figures as at the end of previous reporting period 24 I. Equity and Liabilities (1) Share Holders Fund • Share capital • Reserves and surplus • Money received against share warrants Money received against share warrants (2) Share application money pending allotment (3) Non –Current Liabilities • • • • Long term borrowings Long term borrowings Deferred tax liabilities (Net) Other Long term liabilities Long term provisions (4) Current Liabilities C Li bili i • • • • Deferred Tax ‐ Non Current Short term borrowings Trade payable Other current liabilities Other current liabilities Short term provisions 25 II. Assets N C Non Current Assets tA t a. Fixed Assets • • • • b. c c. d. e e. Asset under lease Asset under lease to be shown separately TTangible assets ibl Intangible assets Capital work in progress I Intangible assets under development ibl d d l Non Current Investments Deferred Tax Assets (Net) Deferred Tax Assets (Net) Long Term Loan and Advances Other Non Current Assets Other Non Current Assets 26 II. Assets C Current Assets tA t a. b. c. d. e. f f. Current Investments Inventories Trade receivables Cash and cash equivalents Short‐term loans and advances Oh C Other Current Assets A 27 General instructions for p preparation p of Balance Sheet ® Copyright Reserved Share Capital S.N a b c d e f g Share Capital For each class of share capital (different classes of preference shares to be treated separately): the number and amount of shares authorized; the number of shares issued, subscribed and fully paid, and subscribed but not fully paid; par value per share; a reconciliation of the number of shares outstanding at the beginning and d att the th end d off the th reporting ti g period; i d; the rights, preferences and restrictions attaching to each class of shares including restrictions on the distribution of dividends and the repayment of capital; p ; shares in respect of each class in the company held by its holding company or its ultimate holding company including shares held by or by subsidiaries or associates of the holding company or the ultimate holding company in aggregate; shares in the company held by each shareholder holding more than 5 percent shares specifying the number of shares held Disclosure E i i Existing New I Insertion ti New Insertion Existing New Insertion 29 S.N Share Capital Disclosure h shares reserved for issue under options and contracts/commitments for the sale of shares/disinvestment, including the terms and amounts; New Insertion i For the period of five years immediately preceding the date as at which the Balance Sheet is prepared: a) Aggregate number and class of shares allotted as fully paid up pursuant to contract(s) without payment being received in cash. b) Agg Aggregate g t number b and d class l off shares h allotted ll tt d as ffully ll paid id up b by way of bonus shares. c) Aggregate number and class of shares bought back. Terms of any securities convertible into equity/preference shares issued along g with the earliest date of conversion in descending g order starting g from the farthest such date. Calls unpaid (showing aggregate value of calls unpaid by directors and officers) Forfeited shares (amount originally paid up) New Insertion j k l Existing Existing Existing 30 Reserves and Surplus S.N. Reserves and Surplus Disclosure (i) a b c d Reserves and Surplus shall be classified as: Capital Reserves Capital Redemption Reserve Securities Premium Reserve Debenture Redemption Reserve Existing Existing Existing New Insertion e f Revaluation Reserve Share Options Outstanding Account New Insertion New Insertion g Other Reserves – (specify the nature and purpose of each reserve and the amount in respect thereof) h Surplus i.e. balance in Statement of Profit & Loss disclosing allocations and appropriations such as dividend, bonus shares (ii) A reserve specifically represented by earmarked investments shall be termed as a ‘fund’. (iii) Debit balance of statement of profit and loss shall be shown as a negative figure under the head ‘Surplus’. Similarly, the balance of ‘Reserves Reserves and Surplus Surplus’,, after adjusting negative balance of surplus, if any, shall be shown under the head ‘Reserves and Surplus’ even if the resulting figure is in the negative. Existing Existing Existing New Insertion 31 Assets and Liabilities are shown separately – Assets and Liabilities are shown separately – Current and Non Current W ki C it l ill t Working Capital will not appear on the face th f of Balance Sheet ® Copyright Reserved 32 Receivables and Payables ‐ Receivable shall be classified as Trade Receivables ‐ if in respect of the amount due on account of if i f h d f goods sold …in normal course of business ‐ Payable shall be classified as Trade Payable – if it is in respect of the amount due on account of goods p g purchased….in the normal course of business. 33 Part II – Form of Statement of Profit and Loss Name of the Company Profit and Loss Statement for the year ended…… (Rupees in …….) Particulars Note no. Figures for current reporting reporting period Figures for previous reporting reporting period 34 Particulars I Revenue from operations II Other income III Total Revenue IV Expenses Cost of Material Purchases of Stock Changes in inventories Employee benefits exp Finance cost Depreciation Other Exp Total Exp Note no. Figures for current current reporting period Figures for previous previous reporting period Classification is based on nature based on nature and not on Function > 1% of revenue or > R 1L kh b h Rs. 1Lakh to be shown separately 35 Particulars V Profit before exceptional and extra ordinary items VI Exceptional items VII Profit before extra ordinary items and taxes VIII Extra ordinary items IX Profit before tax X Tax (Current and Deferred) XI Profit (Loss) from continuing Profit (Loss) from continuing operations Note no. Figures for current current reporting period Figures for previous previous reporting period 36 Particulars XI Profit (Loss) from continuing operations XII Profit (Loss) from discontinuing operations XIII Tax expense of discontinuing operations XIV Profit (Loss) from DO (after tax) XV Profit (Loss) for the period Note no. Figures for current current reporting period Figures for previous previous reporting period (XI+XIV) XVI Earnings per share (1) Basic (2) Diluted 37 Digging Deep … 3 8 Your Challenges … 39 Collecting Evidence …… Audit was File Recording significant items for future Law As per regulatory requirements According to g Standards Basis for conclusion Assistingg engageme ent team Planned 40 Thank You parveen.kumar@cci.in parveen kumar@cci in # 9810101790