Format specified for certifying fringe benefit value
August, 14th 2006
The Finance Ministry has specified the format in which tax auditors would be required to certify the value of fringe benefits accounted in the financial statements of companies that are under mandatory tax audit.
For this purpose, the Central Board of Direct Taxes (CBDT) has revised the existing Form 3CD after due consultations with the Institute of Chartered Accountants of India (ICAI).
The Finance Minister, Mr P. Chidambaram, had last year said that the tax department would go by the fringe benefit value certified by the tax auditor (chartered accountant) for the purpose of FBT assessment of entities under tax audit.
For businesses with less than Rs 40 lakh turnover, fringe benefit valuation would be on a self-certification basis.
The income-tax law requires companies with annual turnover of over Rs 40 lakh and professionals with annual receipt of over Rs 10 lakh to get their books audited for tax purposes.
Tax auditors have to give their tax audit report in Form 3CD, which is annexed with income tax return of the company under tax audit.
"Apart from the onerous responsibility that has now been put on chartered accountants in the area of tax deducted at source (TDS), the Government has accepted most of our suggestions on changes in Form 3CD," said Mr T.N. Manoharan, ICAI President.
So far, chartered accountants were required to highlight in their report the cases where tax was deducted, but remitted to the Government beyond the due date. After the latest changes, tax auditors have to bring to the notice of the tax department the instances where tax is deductible and not deducted at all, short fall on account of lesser deduction than required to be deducted, tax deducted late and tax deducted, but not paid to the Government.
The CBDT has also stipulated more disclosures under Form 3CD on transactions where the capital asset is converted into stock in trade.
"When capital goods is converted into stock-in-trade, there is a change in the character of the asset. The tax department has sought more information, as it wants to monitor the sale of such assets and the tax incidence. Capital gains tax arises only in the year in which the stock-in-trade is sold," Mr Manoharan said.