G N A L: Uidance Ote On Udit of Iabilities
G N A L: Uidance Ote On Udit of Iabilities
Contents
Paragraph(s)
Introduction ..........................................................................................3-8
Internal Control Evaluation ...............................................................9-10
Verification........................................................................................11-60
Examination of records ..................................................................12-40
Loans and borrowings................................................................12-21
Trade Creditors and Other Current Liabilities .............................22-28
Provisions....................................................................................29-37
Contingent Liabilities ...................................................................38-40
Direct Confirmation Procedure........................................................41-53
Examination of Disclosure ..............................................................54-57
Analytical Review Procedures ............................................................. 58
Special considerations in the case of a company............................ 59
Management Representations............................................................. 60
Documentation ...................................................................................... 61
Appendices
The following is the text of the Guidance Note on Audit of Liabilities issued
by the Auditing Practices Committee (APC) ** of the Council of the Institute
of Chartered Accountants of India. This Guidance Note should be read in
conjunction with the Statements on Standard Auditing Practices (SAPs)+
issued by the Institute.
1. Para 2.1 of the Preface to the Statements on Standard Auditing
Practices issued by the Institute of Chartered Accountants of India states
that the “main function of the APC is to review the existing auditing
practices in India and to develop Statements on Standard Auditing
Practices (SAPs) so that these may be issued by the Council of the
Institute.” Para 2.4 of the Preface states that the “APC will issue Guidance
Notes on the issues arising from the SAPs wherever necessary.”
2. The Auditing Practices Committee has also taken up the task of
reviewing the Statements on auditing matters issued prior to the formation
of the Committee. It is intended to issue, in due course of time, SAPs or
Guidance Notes as appropriate, on the matters covered by such
Statements which would then stand withdrawn. With the issuance of this
Guidance Note on Audit of Liabilities, Chapter 9 of the Statement on
Auditing Practices, titled ‘Liabilities’, shall stand withdrawn. In due course
of time, the entire Statement on Auditing Practices shall be withdrawn.
Introduction
3. Liabilities are the financial obligations of an enterprise other than
owners’ funds.
4. Liabilities include loans and borrowings, trade creditors and other current
liabilities, deferred payment credits, instalments payable under hire purchase
agreements, and provisions. Besides liabilities, this Guidance Note also
deals with contingent liabilities, i.e., obligations relating to past transactions
or other events or conditions that may arise in consequence of one or more
future events which are presently deemed possible but not probable.
5. Special considerations may apply in the case of audit of liabilities of
specialised entities like banks, financial institutions and venture capital funds.
**
Now known as the Auditing and Assurance Standards Board (AASB).
+
Now known as the Auditing and Assurance Standards (AASs).
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1 The extent of review of controls would depend upon the facts and circumstances of each case.
Reference may be made in this regard to the Internal Control Questionnaire, issued by the Institute
of Chartered Accountants of India, which contains, inter alia, an illustrative list of internal controls in
relation to creditors and borrowings.
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2Reference may be made in this regard to Accounting Standard 11 (revised 2003), Effects of
Changes in Foreign Exchange Rates, issued by the Institute of Chartered Accountants of India.
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Verification
11. Verification of liabilities may be carried out by employing the following
procedures:
(a) examination of records;
(b) direct confirmation procedure;
(c) examination of disclosure;
(d) analytical review procedures,
(e) obtaining management representations.
The nature, timing and extent of substantive procedures to be performed is,
however, a matter of professional judgement of the auditor which is based,
inter alia, on the auditor’s evaluation of the effectiveness of the related
internal controls.
Examination of records
Loans and Borrowings
12. The auditor should satisfy himself that the loans obtained are within the
borrowing powers of the entity.
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13. The auditor should carry out an examination of the relevant records to
judge the validity and accuracy of the loans.
14. In respect of loans and advances from banks, financial institutions and
others, the auditor should examine that the book balances agree with the
statements of the lenders. He should also examine the reconciliation
statements, if any, prepared by the entity in this regard.
15. The auditor should examine the important terms in the loan agreements
and the documents, if any, evidencing charge in respect of such loans and
advances. He should particularly examine whether the requirements of the
applicable statute regarding creation and registration of charges have been
complied with.
16. Where the entity has accepted deposits, the auditor should examine
whether the directives issued by the Reserve Bank of India or other
appropriate authority are complied with.
17. In case the value of the security falls below the amount of the loan
outstanding, the auditor should examine whether the loan is classified as
secured only to the extent of the market value of the security.
18. Where short-term secured loans have been disclosed separately from
other secured loans, the auditor should verify the correctness of the
amount of such short-term loans.
19. Where instalments of long-term loans falling due within the next twelve
months have been disclosed in the financial statements (e.g., in
parentheses or by way of a footnote), the auditor should verify the
correctness of the amount of such instalments.
20. The auditor should examine the hire purchase agreements for the
purchase of assets by the entity and ensure the correctness of the amounts
shown as outstanding in the accounts and also examine the security
aspect. Future instalments under hire purchase agreements for the
purchase of assets may be shown as secured loans.
21. The deferred payment credits should be verified with reference to the
important terms in the agreement, including due dates of payments and
guarantees furnished by banks. The auditor should also verify the copies of
hundies/bills accepted separately.
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Provisions
29. The term ‘provision’ means amounts retained by way of providing for
depreciation or diminution in value of assets or retained by way of providing
for any known liability the amount of which cannot be determined with
substantial accuracy. Provisions include those in respect of depreciation or
diminution in the value of assets, product warranties, service contracts and
guarantees, taxes and levies, gratuity, proposed dividend etc. This
Guidance Note, however, does not deal with provisions for depreciation or
diminution in the value of assets.
30. The audit of provisions primarily involves examining the
reasonableness and adequacy of the amounts provided for. The auditor
should also examine that the provisions made are not in excess of what is
reasonably required.
31. Provisions for Taxes and Duties: The adequacy of the provision for
taxation for the year should be examined. The position regarding the
overall outstanding liability of the entity as at the date of balance sheet
should be reviewed. In respect of assessments completed, revised or
rectified during the year, the auditor should examine whether suitable
adjustments have been made in respect of additional demands or refunds,
as the case may be. Similarly, he should examine whether excess
provisions or refunds have been properly adjusted. The relevant orders
received up to the time of audit should be considered and, on this basis, it
should be examined whether any short provisions have been made good. If
there is a material tax liability for which no provision is made in the
accounts, the auditor should qualify his report in this respect even if the
reserves are adequate to cover the liability.
32. If the entity disputes its liability in regard to demands raised, the auditor
should examine whether there is a positive evidence or action on the part
of the entity to show that it has not accepted the demand for payment of tax
or duty, e.g., where it has gone into appeal under section 246 of the
Income-tax Act, 1961. Where an application for rectification of mistake
(e.g., under section 154 of the Income tax Act, 1961) has been made by
the entity, the amount should be regarded as disputed. Where the demand
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notice/intimation for the payment of tax is for a certain amount and the
dispute relates to only a part and not the whole of the amount, only such
amount should be treated as disputed. A disputed tax liability may require a
provision or suitable disclosure (see Accounting Standard (AS) 4,
Contingencies and Events Occurring After the Balance Sheet Date issued
by the Institute of Chartered Accountants of India). In determining whether
a provision is required, the auditor should, among other procedures, make
appropriate inquiries of management, review minutes of the meetings of the
board of directors and correspondence with the entity's lawyers, and obtain
appropriate management representations.
33. In case the entity has made the provision for taxation on the basis of
the tax-effect accounting method, the auditor should examine whether the
method has been applied properly.3
34. Provision for Gratuity: The auditor should examine whether the entity is
required to pay gratuity to its employees by virtue of the provisions of the
Payment of Gratuity Act, 1972 and/or· in terms of agreement with
employees and, if so, whether provision for accruing gratuity liability has
been made by the entity.4 The auditor should examine the adequacy of the
gratuity provision with reference to the actuarial certificate obtained by the
entity. In case the entity has not obtained such an actuarial certificate, the
auditor should examine whether the method followed by it for calculating
the accruing liability for gratuity is rational.
35. Provision for Bonus: In the case of provision for bonus, the auditor
should examine whether the liability is provided for in accordance with the
Payment of Bonus Act, 1965 and/or agreement with the employees or
award of competent authority. Where the bonus actually paid is in excess
of the amount required to be paid as per the provisions of the applicable
law/agreement/award, the auditor should specifically examine the authority
for the same (e.g., resolution of the board of directors in the case of a
company).
36. Provision for Dividends: The auditor should examine that dividends are
3 Reference may be made in this regard to the Accounting Standard (AS) 22, Accounting for Taxes
Retirement Benefits in the Financial Statements of Employers, issued by the Institute of Chartered
Accountants of India.
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provided for as per applicable provisions of the relevant laws and rules
framed thereunder, relevant agreements and resolutions.
37. Other Provisions: Where provisions are made for liabilities that may
arise on account of product warranties, service contracts, performance
warranties etc., the auditor should examine whether the provisions made
are in accordance with Accounting Standard (AS) 4, Contingencies and
Events Occurring After the Balance Sheet Date, issued by the Institute of
Chartered Accountants of India. The auditor should also examine the
reasonableness of the basis adopted for quantifying the provision with
reference to the relevant agreements.
Contingent Liabilities
38. The term ‘contingent liabilities’ refers to obligations relating to past
transactions or other events or conditions that may arise in consequence of
one or more future events which are presently deemed possible but not
probable. Contingent liabilities may or may not crystallize into actual
liabilities. If they do become actual liabilities, they give rise to a loss or an
expense. The uncertainty as to whether there will be any legal obligation
differentiates a contingent liability from a liability that has crystallized.
Contingent liabilities should also be distinguished from those contingencies
which are likely to result in a loss (i.e., a loss is not merely possible but
probable) and which, therefore, require an adjustment of relevant assets or
liabilities.5 Some of the instances giving rise to contingent liabilities are:
(a) law suits, disputes and claims against the entity not acknowledged as
debts:
(b) membership of a company limited by guarantee.
39. The following general procedures may be useful in verifying
contingent liabilities.
(a) Review of minutes of the meetings of board of directors, committees
of board of directors/other similar body.
(b) Review of contracts, agreements and arrangements.
5 Reference may be made in this regard to the Accounting Standard (AS) 4, Contingencies and
Events Occurring After the Balance Sheet Date, issued by the Institute of Chartered Accountants of
India.
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may also need to re-consider the nature, timing and extent of his audit
procedures including the degree of planned reliance on management's
representations,
43. The confirmation date, the method of requesting confirmations, and the
particular creditors from whom confirmation of balances is to be obtained
are to be determined by the auditor. While determining the information to
be obtained, the form of confirmation, as well as the extent and timing of
application of the confirmation procedure, the auditor should consider all
relevant factors such as the effectiveness of internal control, the apparent
possibility of disputes, inaccuracies or irregularities in the accounts, the
probability that requests will receive consideration, and the materiality of
the amounts involved.
44. The creditors may be requested to confirm the balances either (a) as at
the date of the balance sheet, or (b) as at any other selected date which is
reasonably close to the date of the balance sheet. The date should be
settled by the auditor in consultation with the entity. Where the auditor
decides to seek confirmation from the creditors at a date other than the
balance sheet date, he should examine the movements in creditor balances
which occur between the confirmation date and the balance sheet date and
obtain sufficient evidence to satisfy himself that creditor balances stated in
the balance sheet are not materially misstated.
45. The form of requesting confirmation from the creditors may be either (a)
the 'positive' form of request, wherein the creditor is requested to respond
whether or not he is in agreement with the balance shown, or(b) the
‘negative’ form of request, wherein the creditor is requested to respond
only if he disagrees with the balance shown.
46. The use of the positive form is preferable when individual account
balances are relatively large, or where the internal controls are weak, or
where the auditor has reason to believe that there may be a substantial
number of accounts in dispute or with inaccuracies or irregularities. An
illustrative positive form of request letter is given in Appendix I to this
Guidance Note.
47. The negative form is useful when internal controls are considered to be
effective, or when a large number of small balances are involved, or when
the auditor has no reason to believe that the creditors are unlikely to
respond. If the negative rather than the positive form of confirmation is
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used, the number of requests sent and the extent of the other auditing
procedures to be performed should normally be greater so as to enable the
auditor to obtain the same: degree of assurance with respect to the creditor
balances. An illustrative negative form of request letter is given in Appendix
II to this Guidance Note.
48. In many situations, it may be appropriate to use the positive form for
creditors with large balances and the negative form for creditors with small
balances.
49. Where the number of creditors is small, all of them may be circularised,
but if the creditors are numerous, this may be done on a sample basis. The
sample list of creditors to be circularised, in order to be meaningful, should
be based on a complete list of all creditor accounts. While selecting the
creditors to be circularised, special attention should be paid to accounts
with large balances, accounts with old outstanding balances, and supplier
accounts with debit balances. In addition, the auditor should select
accounts in respect of which balances have been written back to the profit
and loss account. In such cases, the auditor may decide that the balance
as per the books of the entity may not be stated in the request letter sent to
the creditors concerned; instead, the creditors may be asked to intimate the
balance as per their records. The auditor may also consider including in his
sample some of the accounts which have been fully squared up. The
nature of the entity's business and the type of third parties with whom the
entity deals, should also be considered in selecting the sample, so that the
auditor can reach appropriate conclusions about the creditors as a whole.
50. In appropriate cases, the creditor may be sent a copy of his complete
ledger account for a specific period as shown in the entity’s books. This
procedure is more likely to reveal errors and fraud and may be particularly
useful in the case of large accounts involving many entries, or where there
is evidence that accounts are in dispute or are not being settled in
accordance with the usual trade terms.
51. The method of selection of the creditors to he circularised should not
be revealed to the entity until the trial balance of the creditors’ ledger is
handed over to the auditor. A list of creditors selected for confirmation
should be given to the entity for preparing requests for confirmation which
should be properly addressed and duly stamped. The auditor should
maintain strict control to ensure the correctness and proper dispatch of
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request letters. In the alternative, the auditor may request the client to
furnish duly authorised confirmation letters and the auditor may fill in the
names, addresses and the amounts relating to creditors selected by him
and mail the letters directly. It should be ensured that confirmations as well
as any undelivered letters are returned to the auditor and not to the client.
52. Where positive form of request is used, the auditor may, in appropriate
cases, request the entity to follow up with a reminder to those creditors
from whom he receives no replies. In exceptional circumstances, the
auditor may also correspond directly with those significant creditors from
whom he receives no replies despite reminders, with intimation to the
entity. In the event of inadequacy of responses received, the auditor will
have to increase the extent of examination of records and analytical review
procedures beyond that planned originally.
53. Any discrepancies revealed by the confirmations received or by the
additional tests carried out by the auditor may have a bearing on other
accounts not included in the original sample. The entity should be asked to
investigate reconcile the discrepancies. In addition, the auditor should also
consider what further tests he can carry out in order to satisfy himself as to
the correctness of the amount of creditors taken as a whole.
Examination of Disclosure
54. The auditor should satisfy himself that the liabilities have been
disclosed properly in the financial statements. Where the relevant statute
lays down any disclosure requirements in this behalf, the auditor should
examine whether the same have been complied with.
55. In some cases loans are guaranteed by third parties in whose favour
the assets of the entity are charged. The auditor should examine whether
the disclosures concerning such loans are appropriate, e.g., they may be
classified as secured with disclosure of the fact that the assets of the entity
have been charged in favour of third parties which, in turn, have given
guarantees to parties from whom loans have been obtained.
56. The auditor should recommend to the entity to disclose, in parentheses
or in footnotes, the installments of term loans, if any, falling due for
repayment within the next twelve months.
57. The auditor should examine that the following have been disclosed in
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(a) In determining whether the loans obtained by the company are within
its powers, the auditor should scrutinise its memorandum and articles
of association and also examine whether the provisions of sections
292 and 293(1(d) of the Companies Act, 1956 are complied with.
(b) The auditor should examine the register of charges to ensure that
charges created have been duly registered. He should also ensure
that the description of such charges disclosed in the balance sheet
agrees in substance with that stated in the documents creating the
charges.
(c) The auditor should examine all loans taken from bodies corporate
under the same management or from a company, firm or other party in
which any director is interested and determine whether, in his opinion,
the rate of interest and other terms and conditions of the loans are
prime facie prejudicial to the interest of the company.6
(d) Where the company has accepted deposits, the auditor should
examine compliance with the relevant legal provisions, e.g., section
58A of the Companies Act, 1956 and the rules framed
thereunder/directions issued by the Reserve Bank of India.
(e) In respect of unclaimed dividends, the auditor should examine
whether the company has complied with the provisions of section
205A of the Companies Act, 1956 and the rules framed thereunder
regarding transfer of certain unpaid or unclaimed dividends to a
special bank account/general revenue account of the Central
Government.
(f) The auditor should examine whether any undisputed amounts payable
in respect of income-tax, wealth tax. sales tax, customs duty and
excise duty are outstanding as at the balance sheet date for a period
of more than six months from the date they became payable. If so, the
auditor should report the amounts of such outstanding dues.7
(g) The verification procedure to be adopted by the auditor for audit of
6 Reference may also be made in this regard to the Statement on the Manufacturing and Other
Companies (Auditor’s Report) Order, 1988 issued by the Institute of Chartered Accountants of
India.
7 Reference may also be made in this regard to the Statement on the Manufacturing and Other
Companies (Auditor’s Report) Order, 1988 issued by the Institute of Chartered Accountants of
India.
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Management Representations
60. The auditor should obtain from the management of the entity a written
statement that all known liabilities have been recorded in the books and
that all contingent liabilities have been properly disclosed. While such a
representation letter serves as a formal acknowledgment of the
management's responsibilities for proper accounting and disclosure of the
relevant items, it does not relieve the auditor of his responsibility for
performing audit procedures to obtain sufficient appropriate audit evidence
to form the basis for the expression of his opinion on the financial
statement. A sample management representation letter regarding liabilities
and contingent liabilities is given in Appendix III to this Guidance Note. It
may be mentioned that the representations made in the letter can
alternatively be included in the composite representation letter usually
issued by the management to the auditor.
Documentation
61. The auditor should maintain adequate working papers regarding audit
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Appendix I
Illustrative Letter of Confirmation to be Sent to
Creditors - Positive Form
[Letterhead of Entity]
Total _________
Less: Payments made/other debits _________
Net amount due to us (Rs.) _________
8 In case the list of invoices forming the balance is too large, these details may not be given.
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Total _________
Less: Payments made/other debits _________
Net amount due to us (Rs.) _________
Date
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Appendix II
Illustrative Letter of Confirmation to be Sent to
Creditors - Negative Form
[Letterhead of Entity]
[Date]
[Name and Address of Creditor]
Dear Sir,
For audit purposes, kindly write directly to our auditors (name and address of
the auditors) if the balance of Rs. ________ due by us to you as on
________ as shown by our books, is not correct, giving details of the
differences. The details of the balance are as under:9
Invoice No. Date Order Reference Amount
Total _________
Less: Payments made/other debits _________
Net amount due y us (Rs.) _________
If you do not notify our auditors of any difference within ten days of the date of
this letter, it will be presumed that the balance stated above is correct.
A stamped envelope addressed to our auditors is enclosed for your
convenience.
Yours faithfully,
9 In case the list of invoices forming the balance is too large, these details may not be given
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Appendix III
Illustrative Representation Letter for
Liabilities and Contingent Liabilities
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