A CA wants to audit a co-operative housing society in Mumbai, Maharashtra and have the following questions in this regard:
1) Under which act will the audit be done? Will be under Maharashtra Co-op Societies Act, 1960 or The Co-op Societies Act, 1912?
2) Which ITR form is used to file return of a co-op society?
3) Please also show me what is the audit format(like B/S, P/L etc.)
4) Any other fact that maybe important.
5) Can a person other than a CA audit a housing co-op society in Maharashtra? In some states, Govt does authorize some kind of officers to do so. So what is the law in Maharashtra?
19 July 2024
Here are the answers to the questions regarding the audit of a cooperative housing society in Maharashtra:
1. **Under which act will the audit be done?** - The audit of cooperative housing societies in Maharashtra will be conducted under the Maharashtra Co-operative Societies Act, 1960. This Act governs the functioning, management, and audit requirements of cooperative societies in Maharashtra.
2. **Which ITR form is used to file the return of a co-op society?** - Cooperative housing societies in Maharashtra typically file their income tax returns using Form ITR-5. This form is used by firms, LLPs (Limited Liability Partnerships), AOPs (Association of Persons), and BOIs (Body of Individuals).
3. **Audit Format (Balance Sheet, Profit & Loss, etc.):** - The audit format for a cooperative housing society includes: - **Balance Sheet**: Provides a snapshot of the society's financial position at the end of the financial year, detailing assets, liabilities, and equity. - **Profit and Loss Account**: Shows the income, expenses, and the resulting profit or loss for the financial year. - **Cash Flow Statement**: Demonstrates how cash and cash equivalents have moved during the year.
4. **Any other important facts:** - Cooperative housing societies must comply with audit requirements prescribed by the Maharashtra Co-operative Societies Act, 1960 and rules issued thereunder. - The audit report must be submitted to the Registrar of Cooperative Societies along with the financial statements. - The audit ensures transparency, accountability, and compliance with statutory requirements.
5. **Can a person other than a CA audit a housing co-op society in Maharashtra?** - In Maharashtra, the audit of cooperative housing societies must be conducted by a qualified Chartered Accountant (CA). As per Section 81 of the Maharashtra Co-operative Societies Act, 1960, the audit report must be signed by a CA who holds a Certificate of Practice.
In conclusion, for auditing a cooperative housing society in Mumbai, Maharashtra, it's essential to adhere to the provisions of the Maharashtra Co-operative Societies Act, 1960, use the appropriate ITR form (ITR-5), follow the prescribed audit format (including B/S and P/L), and ensure compliance with the requirement that only a CA can audit such societies in the state.