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Signature on Form 3CD

Navami (16 Points)

10 May 2007

Dear Sir,

Please let me know whether taking the signature of the client on Form 3CD (i,e Tax Audit Report) is correct or wrong ??

Regards

Raj

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9 Replies

Ashok Kumar (16 Points)
Replied 10 May 2007

THERE IS NO REQUIREMENT UNDER THE LAW THAT THE SIGNATURE OF THE ASSESSEE ON THE 3CD .

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Mohan S (CA Practice ) (15 Points)
Replied 10 May 2007

Although there is no requirement in law to get the signature of Assesse, it is advisable. The facts furnished are relating to assessee and as auditors we only certify them as true and correct. So the basic resposibility is that of the client and we can only authenticate the facts.

Muvizz (17 Points)
Replied 10 May 2007

yeah I agree with Mr Mohan. But we can get the signature of the assessee in our office file copy. No need for signature in the copy filed with the department

Vijay Kalia (Chartered Accountants) (1705 Points)
Replied 10 May 2007

Signatures on 3CD must be taken as the information pertains to the assessee's own books of accounts in similar manner as preparartion of financial statements and the auditor's job is to give true and fair view after his scutiny.Further s.277A newly inserted casts enormously on the auditor's resposibility and it will be fair to incorporate that the information is provided in 3CD as per books and entries passed by the assessee and auditor's job is to comment as per the ITAct in 3CB/3CA report after proper scutiny.

Trramanathan, Tirupur(Tn) (13 Points)
Replied 10 May 2007

It is stated in guidance note of ICAI that 3CD is also to be signed by the assessee. Just follow the evolution of changes in the form. Previously there was no space for signature of either the CA or the 'a'. Now space for signature of CA has been inserted. Therefore governement expects CA's signature only. In the guidance note itself there are lot of contradictions. For eg. when it says at the beginning that assessee should sign, while suggesting reporting format it instructs only CAs and Assessee cannnot give such comments. for eg. "I am not in possession of evidence to state that..."
Secondly it is annexure to form 3CA. When only CAs have to sign 3CA, is it right to say that assessee should also sign in 3CD?. It is not correct to say that assessee signature also to be obtained 'to be on the safer side'. Mangagement representation letter should be obtained from assessee covering all the points as specified in AAS11. That is only protection that we can have.

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Rajeshmittal (71 Points)
Replied 10 May 2007

This is not a right practise. This is an independent report. If required one can take undertaking from the client and can take necessary detaily duly authenticated. On a report other party can to signed.

Rakesh (13 Points)
Replied 10 May 2007

thanks a lot

Sundar (16 Points)
Replied 10 May 2007

taking the signature of the client on Form 3CD (i,e Tax Audit Report) is not correct and wrong becuase the form 3CD is an annexure to the audit report by the accountant that shall contain the information about the opinion expressed by the accountant