Wednesday, 18 September 2013


(Developed by Direct Taxes Committee of ICAI in consultation with the Officials of Directorate
of Income-Tax (Systems)

Note: This document deals with those FAQ’s which are not covered in the e-filing portal. The
members may visit the for other FAQ’s.
[Go to home page of, click on ‘Help’ menu at right topmost corner of the page, then click on the link as may be considered necessary]

1. What is the complete procedure to upload tax audit reports by Tax Professionals?
The procedure of e- filing is explained at the following path of e-filing website:
However, the procedure in brief is mentioned below:

Step- I Registration on e-filing portal Action by Chartered Accountant
a) Access

b) Click on ‘Register Yourself’ tab and select the user type under Tax Professional as ‘Chartered

c) Enter Basic details:
§ Details of membership of ICAI: MRN, Enrollment date
§ Personal Details: Surname, Middle Name, First Name, Date of Birth, PAN, E-mail id
§ Digital Signature Certificate: upload .pfx file or USB token
§ Click ‘Submit’

d) After successful submission of above basic details, enter details in registration form:
§ Set Password.
§ Set primary secret question and answer thereof.
§ Set secondary secret question and answer thereof
§ Enter contact details: Landline number, mobile number; alternate number; e-mail id &
      alternate e-mail id; Fax number
§ Postal Address
§ Subscribe to e-mail and alerts
§ Captcha Code

    After successful submission of all above details, the user will receive a confirmation e-mail
containing an activation link. The user account will be activated as soon as the user triggers that link,
thereby updating the database of Income-tax Department. An SMS will also be sent at the registered
contact number of the user notifying that a confirmation mail was sent to his/her registered e-mail id.

Step- II Add Chartered Accountant Action by Assessee
a) Assessee is required to login into his/her account by entering user id and password at
b) Go to ‘My Account’ tab and select ‘Add CA
c) Enter MRN of the CA. After entering correct 6 digits MRN of CA, the name of CA will
automatically get prefilled.
d) Select the Form no. for which CA is supposed to be added.
e) Select Assessment Year
f) Enter the image of the captcha code
g) Click ‘Submit
After successful submission of above, a message will be displayed notifying the addition of CA in
assessee’s profile.

Step- III Submit Tax Audit report Action by Chartered Accountant
After successful uploading of tax audit report, the said form will go to assessee for approval.

Step- IV Approval or Rejection of uploaded tax audit
Action by Assessee
a) Login the account and navigate to ‘Work list’ tab (Assessee will be able to view list of forms
submitted by Chartered Accountant along with attachment)
b) Click on ‘View Form
c) Assessee can verify the form and approve/reject the form (other than ITR).
d) The acceptance of the form (other than ITR) by the assessee is to be made under his/her
Digital Signature.
e) If assessee is rejecting the form, reason for such rejection has to be provided.
An email will be sent to the registered e-mail id after successful submission of the form
along with the acknowledgement number.

2. Whether Schedules and Notes to Accounts are also required to be uploaded with Balance
Sheet and P&L?
    Form No. 3CA requires the tax auditor to annex a copy of the Statutory Audit Report along
with the copy of audited Profit and Loss Account/ Income & Expenditure Account, audited
Balance Sheet and documents declared by the said Act to be a part of / or annexed to the
Balance Sheet and Profit and loss Account/ Income & Expenditure Account. Accordingly, the
same are required to be uploaded.
    With regard to Form No.3CB, the tax auditor is required to annex the audited Balance Sheet,
Profit and loss account /Income & Expenditure Account along with notes to accounts and
schedules, if any, forming part of Balance Sheet, Profit and loss account /Income &
Expenditure Account.

3. Whether it is mandatory to upload a scanned copy of signed Balance Sheet, P&L and
other documents?
    Balance Sheet, Profit and Loss Account in Word, Excel Format, etc signed as “sd/-” can be
converted in to ‘.pdf’ file and uploaded on the portal. However, the auditor should maintain the
physically signed Audited Report in his records and ensure from that there is no difference
between physical report and PDF file uploaded.

4. Whether Name / Date of Birth (DOB) of the Chartered Accountant given in PAN database
(as per ITD e-filing website) is to be matched with the ICAI database for successful
registration in the e-filing portal?
    E-filing portal verifies the Name of Member and Date of Birth entered in Registration Form
from ICAI Database and also PAN Database. In case there is difference / mismatch of details
between the two Databases the portal will not allow registration. In case any member is facing
such difficulty, please refer to procedure given in the following link

5. Whether audit conducted under section 44AD, 44BB, 44BBB & 44AE is required to be
filed electronically?
    Sections 44AD, 44BB, 44BBB & 44AE provide that in specified cases the assessee is required
to get his accounts audited and furnish the report of such audit as required under section
44AB. Therefore, e-filing is applicable to such audits also.

6. Where the Firm Registration No. (FRN) should be mentioned in the e-forms?
   The present E-filing portal does not provide field to mention FRN, however, the department is
in the process of enabling this facility. Till the utility is configured to allow entering of FRN,
members need not mention their FRN.

7. Where should the comments/observations in respect of a particular clause of Form
No.3CD is to be mentioned in the e-form?
    Comments / observations, if any relating to the clauses may be given in Form 3CA/3CB
subject to space provided therein. Alternatively, they can be uploaded as PDF file in the field
‘Upload other report’ of the portal.

8. In case tax audit is conducted by joint auditors, what is the procedure to upload tax audit
report electronically?
    The e-filing portal allows the report to be uploaded by a single auditor. Therefore, the joint
auditors may mutually agree and decide the auditor who shall upload the report. However, all
the joint auditors should sign the hard copies.
As per the ICAI’s “Guidance Note on Tax Audit u/s 44AB of the Income-tax Act, 1961”, it is
possible for the assessee to appoint two or more chartered accountants as joint auditors for
carrying out the tax audit, in which case, the audit report will have to signed by all the chartered
accountants. As per Standards on Auditing 299 (Responsibility of Joint Auditors) issued by
ICAI, normally, the joint auditors are able to arrive at an agreed report. In such case, the
physical copy should be signed by all the auditors. Thereafter, any one of them may upload the

      However, where the joint auditors are in disagreement with regard to any matters to be covered
by the report, each one of them should express his own opinion through a separate report. A
joint auditor is not bound by the views of the majority of the joint auditors regarding matters to
be covered in the report and is required to express his opinion in a separate report in case of a
disagreement. Such separate reports are also to be uploaded on the portal.

9. What is the procedure to furnish revised audit report electronically?
     In case of revision, the audit report should be given in the manner suggested by the Institute in
SA-560 (Revised) “Subsequent Events”. It may be pointed out that report under section
44AB should not normally be revised. However, sometimes a member may be required to
revise his tax audit report on grounds such as:
(i) revision of accounts of a company after its adoption in annual general meeting.
(ii) change of law e.g., retrospective amendment.
(iii) change in interpretation, e.g. CBDT’s circular, judgments, etc.
(iv) Any other reason like system/software error requiring change in report already
In case, where a member is called upon to report on the revised accounts, then he must
mention in the revised report that the said report is a revised report and a reference should be
made to the earlier report also. In the revised report, reasons for revising the report should also
be mentioned.
The e-filing portal allows uploading such Revised Audit Report by the CA for the same PAN
and Assessment Year.

10. Is there any upper limit on the no. of audit reports which can be uploaded by a
Chartered Accountant on e-filing portal?
    As per ICAI Council Guidelines No.1-CA(7)/02/2008, dated 8th August,2008, a member of the
Institute in practice shall not accept, in a financial year, more than the 45 tax audit assignments
under Section 44AB of the Income-tax Act, 1961. However, audits conducted under sections
44AD and 44AE shall not be included in this limit.
Since, the Income-tax Act,1961 does not provide any limit on number of tax audits assignments
which can be undertaken by a Chartered Accountant the e-filing portal does not provide any
restriction. However, members are required to comply with the prescribed ceiling limits.

11. If there are 10 partners in a firm of Chartered Accountants, then how many tax audits
reports can each partner sign in a financial year?
    As per Chapter VI of Council General Guidelines, 2008 (Tax Audit Assignments under Section
44AB of the Income Tax Act, 1961), a member of the Institute in practice shall not accept, in a
financial year, more than the specified number of tax audit assignments as prescribed under
Section 44AB of the Income Tax Act, 1961. The specified number of tax audit assignments
under Section 44AB of the Income Tax Act, 1961 is 45.
    It is further provided in Chapter VI of Council General Guidelines, 2008 that in case of firm of
Chartered Accountants in practice, specified number of tax audit assignments means 45 tax
audit assignments per partner of the firm, in a financial year.
    Therefore, if there are 10 partners in a firm of Chartered Accountants in practice, then all the
partners of the firm can collectively sign 450 tax audit reports. This maximum limit of 450 tax
audit assignments may be distributed between the partners in any manner whatsoever. For
instance, 1 partner can individually sign 450 tax audit reports in case remaining 9 partners are
not signing any tax audit report.
    It is needless to say that the tax audit assignment should be in accordance with the Standard on
Quality Control (SQC) 1: Quality Control for Firms that Perform Audits and Reviews of
Historical Financial Information, and Other Assurance and Related Services Engagements

12. What is recommended system requirements for facilitating e-filing?
    To increase the computer processing speed all the previous versions of java be removed from
the computer. To use the e-forms utility install Java Runtime Environment Version 7 update 13
(jre 1.7 is also known as jre version 7) or

13. If tax audit report is issued and the ITR is filed prior to issuance of the Notification No.
34/2013, dated 01-05-2013 which mandates e-filing of audit reports. In such cases whether
e-filing of audit reports is required?
    CBDT Notification No. 34/2013 dated 1-05-2013 provides that the rules prescribed therein shall
be deemed to have come into force with effect from the 1st day of April, 2013. Accordingly,
even if ITR has been filed prior to issuance of said Notification, Tax Audit report is required to
be e-filed separately.

14. In case of e-filing of audit reports what is the date of audit report?
    Date on which the report is physically signed by the Auditor shall be the date of audit report.
15. Is it possible to e-file the ITR first and then e-file the audit report?
    E-filing of ITR and Tax Audit report are independent actions. However, it is advisable to first
upload tax audit report and then file IT return.

16. Even after filling complete details in the first page of ITR-7, one is not allowed to proceed
to second page. What should be done in such a case?
    The trust should first fill the status and then PAN.

àß àß àß

Monday, 16 September 2013


The last date for filing of Stock Statement in form Stock-1 online for stock available on 31st March 2013, has been further extended as detailed below

Class of Dealers
Last Date for filing of stock statement in Form
All dealers
05th October 2013


Friday, 6 September 2013




Thursday, 5 September 2013



            The Rajasthan High Court in the case of Rajasthan Urban Infrastructure Development Project has held that withholding of tax is not required under section 194J of the Income Tax Act, 1961 on payment of service tax levied on fees for technical/professional services to consultants.

            The High Court upheld the views of the Tribunal and observed that as per the terms of agreement, the amount of service tax was to be paid separately and was not included in the fees for technical / professional services. Therefore, the amount of service tax was not subject to withholding tax provisions.

Facts of the case
  • The taxpayer was a project of Government of Rajasthan for the Infrastructure Development and Civic Amenities in the specified areas/cities in the State of Rajasthan. In relation to this project, the taxpayer appointed the technical and project consultants along with the limited companies and corporate consulting firms.
  • The taxpayer deducted the income-tax at source from the payments made by it and deposited the same as per the relevant provisions of the Act and the return for the same was filed in due time.
  • The main consultants of the taxpayer were charging the service tax at the prevailing rates on the amount of fee payable as per the agreement and the same is paid by the taxpayer. The tax was deducted on fees and other payments of expenses as being part of contract however no tax was deducted on service tax in view of the term of contract.
  • The Assessing Officer (AO) raised a demand along with interest thereon on account of default in withholding tax provisions on the amount paid as service tax.
  • The Commissioner of Income Tax (Appeals) [CIT(A)] set aside the AO’s demand.
  • The Jaipur Bench of the Income Tax Appellate Tribunal (the Tribunal) dismissed the tax departments appeal against the CIT(A) order.

Issue before the High Court
  • Whether tax has be deducted on payment of service tax on the fees for technical/professional services?
Tax department’s contentions
  • The CIT(A) and Tribunal have committed an illegality in relying upon the Circular No. 4/2008 which was in respect of Section 194-I of the Act whereas dispute in the present case was in respect of TDS under Section 194J of the Act.
  • The Circular No. 4/2998 was clarified by a subsequent Circular dated 30 June 2008, which was wrongly held to be inapplicable or contrary to law by the CIT(A) as well as the Tribunal.

High Court’s ruling
  • The Tribunal has considered the agreement and recorded a finding that as the terms of contract, the amount of service tax was to be paid separately therefore, the same was not subject to withholding tax provisions.
  • Upon a consideration of provisions of Section 194J of the Act, and in light of the Circulars dated 28 April 2008 and 30 June 2008, the words “any sum paid”, used in Section 194J of the Act, relate to fees for professional services/technical services. As per the terms of agreement, the amount of service tax was to be paid separately and was not included in the fees for professional services/technical services. The High Court thus concurred to the order of the lower authority which was in accordance with provision of Section 194J of the I.T. Act.
  • The service tax was to be paid separately or not, is purely a question of fact and as per the agreement entered in the present case, it was to be paid separately and there was a finding of fact in this regard, recorded by the CIT(A) and the Tribunal.
  • Even if the Circular 4/2008 is held to be not applicable in the present case, based on the facts and circumstances of the present case, the orders passed by CIT(A) and the Tribunal are in accordance with the provisions of Section 194J of the Act.

            The tax department relied on the circular where it is provided that the tax is not required to be withheld on service tax component on rent. However, the same does not apply to service tax component on payment of fees for professional/technical services. The Circular provides a distinction between the language of both the withholding tax provisions.

            However, the High Court in this ruling has held that whether the service tax was to be paid separately or not is purely a question of fact and as per the agreement entered in the present case it was to be paid separately. Hence, the amount of service tax was not included in the fees for professional/technical services and therefore not subject to withholding tax provisions.

            Although, the present ruling is given in relation to payments on which tax is deductible under Section 194J of the Act, the High Court ruling can be of consequence to taxpayers in relation to certain other sums paid on which tax is deductible under relevant withholding tax provisions of the Act. It is important to note that the recipient in such cases only acts as a collecting agency on behalf of Government for collection of service tax.