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Income Computation and Disclosure Standards (ICDS)

Section (S.) 145 of the Income-tax Act, 1961 (ITA) provides that taxable income of an assessee falling under the heads “Profits and gains of business or profession” or “Income from other sources”, shall be computed in accordance with either cash or mercantile system of accounting which is regularly employed by the assessee. It further provides that the Central Government (CG) may notify, from time-to-time, Income Computation & Disclosure Standards (ICDS) to be followed by any class of taxpayers or in respect of any class of income.

The CG vide notification2 dated 31st March, 2015 has notified 10 ICDS for compliance by all assessees following mercantile system of accounting w.e.f. 1st April, 2015. These ICDS supersede following two standards3 notified in 1996:

  1. Tax Standard I – Disclosure of accounting policies

  2. Tax Standard II – Disclosure of prior period and extraordinary items and changes in accounting policies

Certain key highlights of ICDS, amendments carried out in Finance Act, 2015 at enactment stage and differences between ICDS and existing Accounting Standards (AS) are discussed hereunder:

I. Following are key highlights of notified ICDS

  • ICDS shall apply for computation of income chargeable to income-tax under the head “Profits and gains of business or profession” or “Income from other sources”. Accordingly, ICDS has no impact on minimum alternate tax computation for corporate assessees which will continue to be based on ‘book profit’ determined in accordance with currently applicable AS.

  • ICDS is applicable to all taxpayers (corporates/non-corporate or resident/non-resident) irrespective of turnover or quantum of income.

  • The preamble of each ICDS clarifies that (a) ICDS is applicable for computation of income and not for the purposes of maintenance of books of account; and (b) In case of conflict between the provisions of ITA and ICDS, the provisions of ITA shall prevail to that extent.

  • All ICDS (except ICDS VIII relating to Securities) contain transitional provisions which, in general, provide for recognition of outstanding contracts and transactions as on 1st April, 2015 in accordance with ICDS after taking into account income/expenditure/loss already recognised in the past periods. Thus, there is no ‘grandfathering’ for outstanding contracts or transactions as on 31st March, 2015.

  • Non-compliance of ICDS empowers Tax Authority to assess income on ‘best judgment’4 basis. Any additions to income declared in return of income may also have potential penalty implications.

  • Unlike AS, ICDS does not provide any explanations or illustrations but merely prescribes main principles to be adopted while computing income.

  • Following is the list of 10 ICDS notified w.e.f. 1st April, 2015 :

ICDS

Comparable AS

Accounting policies (ICDS I)

Disclosure of Accounting Policies (AS 1)

Valuation of inventories (ICDS II)

Valuation of Inventories (AS 2)

Construction contracts (ICDS III)

Construction Contracts (AS 7)

Revenue recognition (ICDS IV)

Revenue Recognition (AS 9)

Tangible fixed assets (ICDS V)

Accounting for Fixed Assets (AS 10)

Effects of changes in foreign exchange rates (ICDS VI)

The Effects of Changes in Foreign Exchange Rates (AS 11)

Government grants (ICDS VII)

Accounting for Government Grants (AS 12)

Securities (ICDS VIII)

Accounting for Investments (AS 13)

Borrowing costs (ICDS IX)

Borrowing Costs (AS 16)

Provisions, contingent liabilities and contingent assets (ICDS X)

Provisions, Contingent Liabilities and Contingent Assets (AS 29)

  • The following proposed ICDS for which drafts were circulated have not yet been notified:

  1. Events occurring after the end of previous year

  2. Prior period expense

  3. Leases

  4. Intangible Assets

II. Amendments to Finance Act, 2015 in order to align ITA with ICDS

Finance Minister presented Finance Act 2015, as part of Union Budget 2015-16, to Parliament on 28th February, 2015. Certain provisions of ICDS did not align with provisions of the ITA and thus, Finance Act 2015 was amended5 (amended Finance Act) and at the enactment stage in Lok Sabha following modifications to existing provisions of ITA were introduced:

  1. ICDS on Government Grants – So far as government grants related to acquisition of depreciable assets, both AS and ICDS provide for recognition of such grants either by way of reduction from cost of depreciable asset or as income over the periods necessary to match with the related costs.

However, treatment of recognising grants for non-depreciable assets as per AS and ICDS were not in sync. There was ambiguity or conflict of ICDS with ITA when it required recognition of a grant which is related to non-depreciable asset of capital nature, as assessees income.

The amended Finance Act proposes to amend the definition of ‘income’ under s.2(24) of ITA to include any assistance in the form of a subsidy or grant or cash incentive or duty drawback or waiver or concession or reimbursement (by whatever name called) by the CG or State Government or any authority or body or agency, in cash or kind, to the assessee. However, subsidy/grant/reimbursement which is taken into account for determination of ‘actual cost’ of depreciable assets in accordance with the provisions of Explanation 10 to s.43(1) shall not be treated as income.6

  1. ICDS on Borrowing costs – ICDS IX relating Borrowing costs provides for capitalisation of borrowing costs in respect of qualifying assets viz. tangible/intangible assets and inventories . ITA provides for deduction in respect of all borrowing costs except when they are incurred for acquisition of an asset ‘for extension of existing business or profession’. The condition of acquisition of asset ‘for extension of existing business or profession’ for disallowance of borrowing costs under the ITA was in conflict with ICDS since ICDS does not have this condition.

The amended Act proposes to omit the condition of asset acquisition ‘for extension of existing business or profession’ for disallowance of borrowing cost to align the provisions of ITA with ICDS.

  1. ICDS on Revenue recognition and Provisions, contingent liabilities and contingent assets – Application of some ICDS like Revenue Recognition or Provisions, Contingent Liabilities and Contingent assets may have resulted in accelerated recognition of income for tax purposes though the same may not be recorded in books of account as per applicable AS. It is possible that such income may eventually be found to be irrecoverable. While the ITA provides bad debt deduction for debts which are written off as irrecoverable in accounts, it would be difficult to claim bad debt deduction for income which is irrecoverable but hitherto not recognised in the books.

In order to remove this anomaly, the amended Finance Act provides that such debt taxed as per ICDS but not recognised in the books shall be allowed as bad debt in the previous year in which it becomes irrecoverable and it shall be deemed as if such debt has been written off as irrecoverable in the accounts of assessee for this purpose.

III. Comparison of ICDS with comparable AS

While ICDS have been broadly framed in accordance with comparable AS, following are certain deviations/carve outs in comparison with existing AS:

Readers are required to note the following before giving effect to the provisions provided in ICDS while computing income for the purpose of ITA:

  1. In case of conflict between the provisions of the ITA and ICDS, the provisions of ITA shall prevail to that extent. Issue requiring examination is whether the same position would prevail in case of conflict between SC/HC rulings and ICDS

  2. Whether method of accounting u/s 145 can enlarge/reduce scope and ambit of income u/s.4 and 5 r.w s.2(24)? (Refer note 1)

  3. Impact of rulings rendered pre-ICDS which are in cross roads to ICDS needs to be evaluated by readers

Caption

AS

ICDS

AS 1 vs. ICDS I – Accounting policies

Concept of Prudence modified

Provision is made for all known liabilities and losses on best estimate basis

Marked to market (MTM) loss or an expected loss shall not be recognised unless permitted by any other ICDS

Anticipated profits are not recognised

ICDS silent on recognition of anticipated profits

Materiality omitted

Materiality should be considered while selecting and applying accounting policy

Concept of Materiality not recognised in ICDS

Change in accounting policy

Change in accounting policy permitted if (a) required by statute; (b) required for compliance of AS; (c) change results in more appropriate presentation of financial statements

Accounting policies shall not be changed without a “reasonable cause”

Disclosure of change in accounting policy

Required in period of change, if impact is not material in current period but material in later periods

Required in period of change and also required in first year in which change has material effect, if impact is not material in current period but material in later periods

AS 2 vs. ICDS II – Valuation of inventories

Valuation of service inventory

No specific provision

Valuation at cost8 or net realisable value (NRV), whichever is lower

Omission of standard cost method

Inventory valuation methods are (a) first-in, first-out (FIFO); (b) weighted average cost formula; (c) specific identification; (d) retail method; (e) standard cost method

Inventory valuation methods are (a) FIFO; (b) weighted average cost formula; (c) specific identification; (d) retail method

Opening inventory

No specific provision

  • Value of opening inventory of a business shall be the same as the value of inventory at the end of the immediately preceding financial year

  • In case of commencement of business, Cost of inventory on the day of commencement of business will be opening inventory

Change in method of inventory valuation

Change permitted if (a) required by statute; (b) required for compliance of AS; (c) change results in more appropriate presentation of financial statements

Method of valuation once adopted shall not be changed without “reasonable cause”

Inventory valuation in case of certain dissolutions

No specific provision

In case of partnership firm, AOP or BOI9 inventory on the date of dissolution shall be valued at NRV, whether or not business is discontinued

AS 7 vs. ICDS III – Construction contracts

Recognition of contract revenue

Contract revenue to be recognised if it is possible to reliably measure the outcome of a contract

  • The criteria of ‘reliable measurement of outcome of contract’ omitted

  • ICDS requires recognition if there is reasonable certainty of its ultimate collection

Retention money

Silent on treatment of accrual of income

Retention money to be considered as part of contract revenue and revenue to be recognised on POCM10 basis11

Allowability of losses including probable / expected loss

Losses fully allowable irrespective of commencement, stage of completion and expected profits from other independent contracts

  • Losses not allowable unless actually incurred and only on POCM basis

  • ICDS on accounting policies also does not permit recognition of foreseeable loss

Contract Work in progress recognition

Contract cost which relate to future activity shall be recognised as an asset only if recoverability is probable

Contract cost to be recognised as an asset

Early stage of contract - Non- recognition of revenue

  • Revenue to be recognised only to the extent of recoverable costs

  • No profit to be recognised during early stages of contract

Same as AS, however ICDS objectively defines early stage as not to exceed beyond 25%

Pre-construction incidental income

Contract cost may be reduced by any incidental income that is not included in contract revenue

Contract cost shall be reduced by any incidental income (except interest, dividend and capital gains) that is not included in contract revenue

AS 9 vs. ICDS IV – Revenue recognition

Postponement of revenue recognition

Revenue recognition to be postponed if significant uncertainty exists on measurability and collectability of revenue from sale of goods, rendering of services, interest, royalties and dividends

Revenue to be recognised only if there is reasonable certainty of its ultimate collection from sale of goods and rendering of services

Method of revenue recognition for service contracts

  • Proportionate completion method or

  • Completed service contract method

  • Mandatory to recognise revenue based on POCM

  • ICDS requires application of ICDS III on Construction contracts for recognition of such revenue on mutatis mutandis basis.

Disclosure requirement

Disclose circumstances in which revenue recognition has been postponed pending significant uncertainties.

Disclosures for amounts not recognised as revenue due to lack of reasonable certainty of its ultimate collection along with nature of uncertainty

AS 10 vs. ICDS V – Tangible fixed assets

Applicability

Fixed assets such as land, building, plant and machinery, vehicles, furniture and fittings, goodwill, patents, trademarks and designs

Tangible fixed assets being land, building, machinery, plant or furniture

Component of cost

‘Cost’ of fixed asset comprises its purchase price, non- refundable taxes and any directly attributable cost of bringing the asset to its working condition for its intended use. Trade discount and rebates will be deducted while computing cost.

It has similar definition to AS 10 but words used are ‘actual cost’ as compared to ‘cost’ in AS 10

Stand-by equipment and servicing equipment

AS acknowledges capitalisation of stand-by equipment and servicing equipment as a normal practice but does not mandate it

ICDS ‘mandates’ capitalisation of stand-by equipment and servicing equipment

Machinery spares

  • It is ‘usually’ charged to P&L a/c on consumption.

  • However, if spares are used only in connection with the item of fixed asset with irregular use then it ‘may’ be appropriate to capitalise

  • It ‘shall’ be charged to P&L a/c on consumption

  • However, if spares are used only in connection with the item of fixed asset with irregular use then it ‘shall’ be capitalised

Asset acquired against non-monetary consideration

In case of acquisition of fixed asset in exchange for another asset, shares or other securities issued, cost of asset acquired should be recorded either at (a) fair market value of asset given up12/shares or securities issued or (b) fair market value of asset acquired, whichever is more clearly evident

In case of acquisition of a tangible fixed asset in exchange for another asset, shares or other securities issued, actual cost of the tangible fixed asset shall be recorded at fair value of tangible fixed asset acquired

Assets acquired for consolidated price

Consolidated price to be apportioned to various assets on a fair basis as determined by competent valuers

Consolidated price shall be apportioned to various assets on a fair basis

Disclosure requirement

Gross and net book values at beginning and end of year showing additions, deletions and other movements, expenditure incurred in course of construction and revalued amount, if any

Description of assets/block of assets, depreciation rate and allowable depreciation, actual cost / opening WDV and closing WDV showing additions or deduction including adjustment for CENVAT, exchange difference and subsidy, grant or reimbursement13

AS 11 vs. ICDS VI – Effects of changes in foreign exchange rates

Revenue monetary items (like trade receivables, payables)

  • Converted into reporting currency by applying the closing rate

  • Exchange difference recognised in P&L a/c

  • Converted into reporting currency by applying the closing rate

  • Exchange difference recognised as income or expense subject to provisions of Rule 115

Revenue non-monetary items (e.g. Inventory)

If item is carried at historical cost – Reported at the exchange rate on the date of transaction

If item is carried at fair value – Reported at the exchange rate that existed when the value was determined

Converted into reporting currency using the exchange rate at the date of the transaction

Capital monetary items – Relating to Imported assets and domestic assets

  • Requires recognition in P&L A/c

  • Option of capitalisation u/s. 211(3C) of Cos Act, 1956 as per which exchange differences arising in case of long-term foreign currency monetary items shall be either adjusted to capital asset or accumulated in FCMITDA14 (Paras 46 & 46A)

  • Requires recognition as income or expense subject to provisions of s.43A15

  • No paras 46 and 46A exists

  • No distinction recognised between capital and revenue items

Foreign operations

Foreign operation is a subsidiary, associate, joint venture or branch of the reporting enterprise, the activities of which are based or conducted in a country other than the country of the reporting enterprise

Foreign operations of a person is a branch, by whatever name called, of that person, the activities of which are based or conducted in a country other than India

Integral foreign operation

  • Same principles as for own assets and liabilities

  • Exchange differences are recognized in P&L A/c

  • Subject to S. 43A and Rule 115, similar to AS 11

  • No distinction recognised between capital and revenue items

Non-integral foreign operations

  • All assets & liabilities and income & expense items are translated at closing rates

  • Exchange differences are accumulated in FCTR16 A/c and to be taken to P&L a/c on disposal of non-integral foreign operations

  • Similar to ICAI AS-11 except that, (subject to S.43A & Rule 115) resulting exchange differences are to be recognized as income or expense instead of accumulation in FCTR A/c

  • No distinction recognised between capital and revenue items

Forex derivatives for hedging purpose (Capital and revenue a/c)

  • Premium/discount is amortized over life of contract

  • Restated on MTM basis at year end and difference is recognized in P&L

  • Profit/loss on cancellation or renewal is also recognized in P&L

  • Same as AS without distinguishing between contracts on capital account and revenue account (subject to s.43A applicable to imported assets)

Forex derivative for trading / speculation purposes / firm commitments /highly probable forecast transactions

  • Forward contract is restated at year end on mark to market basis and difference is recognized in P&L

  • No amortization of premium/discount

  • Premium, discount or exchange difference shall be recognised at the time of settlement

  • No distinction recognised between contracts on capital account and revenue account

Forex derivatives not covered by ICDS VI (futures, interest rate swaps, etc)

  • Not covered by AS 11 being a derivative contract covered by AS 30, 31 & 32 which are yet to be notified under Companies Act 2013

  • Currently ICAI Guidance Note requires recognition of loss on MTM basis but gain to be ignored

  • Forex derivatives not covered by ICDS VI.

  • ICDS I on accounting policies provides that MTM loss or an expected loss shall not be recognized unless permitted under other ICDS.

AS 12 v. ICDS VII - Government grants

Recognition of grant

  • On reasonable assurance of compliance of attached conditions and reasonable certainty of ultimate collection

  • Mere receipt of grant is not sufficient

  • On reasonable assurance of compliance of attached conditions and reasonable certainty of ultimate collection

  • Recognition cannot be postponed beyond date of actual receipt

Grant in the nature of promoters contribution

To be credited to capital reserve and to be treated as shareholders’ funds

  • ICDS silent on this category17

  • Refer discussion at para II(a)

Grants relatable to depreciable fixed assets

To be reduced from cost or recognised as deferred revenue by systematic credit to P&L A/c

To be reduced from cost of fixed asset [in line with Explanation 10 to S. 43(1)]

Relatable to non-depreciable fixed assets

  • To be credited as capital reserve, if no conditions attached to the grant

  • To be credited to P&L A/c over period of incurring cost of meeting conditions of grant

  • To be considered as income on an upfront basis, if there are no conditions attached to grant [Refer discussion at para II(a)]

  • To be treated as income over period over which cost of meeting conditions is incurred

Grants other than those covered above

Revenue grant to be credited as income or reduced from related expense

Grant18 to be treated as income over period over which cost of meeting conditions is incurred. [Refer discussion at para II(a)]

Compensation for expenses / loss incurred or for giving immediate financial support

To be recognised as income in the year in which it is receivable

To be recognised as income in the year in which it is receivable

Disclosure requirement

Accounting policy adopted for grants including the method of presentation, extent of recognition in the financial statements, accounting of non-monetary assets given at concession/free of cost

Requires disclosure of nature and extent of recognised as well as unrecognized grants. It also requires disclosure of reasons for non-recognition.

AS 13 vs. ICDS VIII – Securities

Applicability

  • AS applicable to accounting for investments

  • AS clarifies that principles applicable to ‘current investments’ can apply to securities held as stock-in-trade

  • ICDS applicable to securities held as stock-in-trade19

  • ‘Securities’ defined to have meaning assigned in S.2(h) of SCRA20 except derivatives referred in s.2(h)(1a) of SCRA

Security acquired against non-monetary consideration

In case of acquisition of securities in exchange for shares or other securities issued or another asset, cost of security acquired should be recorded either at (a) fair market value of securities issued or (b) fair market value of asset given up, whichever is more clearly evident

In case of acquisition of securities in exchange for other securities issued or another asset, actual cost of security acquired shall be recorded at fair value of security acquired

Year-end valuation of securities

Current investments to be valued at lower of cost or fair value either on individual investment basis or by category of investment but not on global basis.

  • Securities should be valued at lower of cost or NRV. Comparison of cost and NRV shall be done category-wise.

  • Securities are classified under following categories (a) shares; (b) debt; (c) convertible securities; and (d) other securities

Opening value of securities

No specific provision

  • Value of opening inventory of securities shall be the same as the value of securities at the end of the immediately preceding financial year

  • In case of commencement of business, Cost of security on the day of commencement of business will be opening value

Valuation of unlisted or thinly traded securities

No specific provision

Valuation of unlisted or thinly traded securities shall be valued at actual cost initially recognised

Ascertainment of cost

Cost formulae are the same as those specified in AS 2 (e.g. FIFO; average cost, etc.)

Cost which cannot be ascertained by specific identification shall be determined on the basis of FIFO method.

AS 16 vs. ICDS IX – Borrowing costs

Borrowing cost

Borrowing cost includes exchange difference to the extent that they are regarded as an adjustment to interest costs

Borrowing cost does not include exchange differences arising from foreign currency borrowings

Qualifying assets

Qualifying asset defined to be an asset which necessarily takes a substantial,21 period of time to get ready for its intended use or sale

Qualifying assets means22

  • Inventory that require a period of 12 months or more to bring them to a saleable condition

  • Specified tangible and intangible assets are qualifying assets (regardless of substantial period condition)

Commencement and cessation of capitalisation

In case of specific borrowing

Capitalisation will commence when all the three conditions are satisfied (a) incurrence of capital expenditure (b) incurrence of borrowing cost (c) construction activity is in progress and cessation from the date when asset is ready to use

Capitalisation will commence from date of borrowing of funds and cessation from the date when asset is put to use 23

In case of general borrowing

Same as in the case of specific borrowing

Capitalisation will commence from date of utilisation of funds and cessation from the date when asset is put to use23

Methodology of capitalisation

In case of specific borrowing

Directly attributable to borrowing cost

Directly attributable to borrowing cost

In case of general borrowing

Weighted average cost of borrowing applied to capital expenditure

Prorate borrowing cost allocation as per normative formulae (Refer note 2)

Income from temporary deployment of funds

Income from temporary deployment of unutilised funds from specific loans to be reduced from borrowing cost

No similar provision in ICDS

Suspension of capitalization

Capitalisation of borrowing costs should be suspended during extended periods in which active development is interrupted

No similar provision in ICDS

AS 29 v. ICDS X - Provisions, contingent liabilities and contingent assets

Onerous executory contracts

  • Includes onerous executory contracts within its scope

  • Upfront recognition of liabilities required under onerous contracts

Onerous executory contracts excluded from the scope of ICDS

Recognition of provision

  • Provision shall be recognized when it is ”probable” that an outflow of economic resources will be required to settle an obligation

  • Provision is not discounted to NPV

  • Provision shall be recognised when it is ”reasonably certain” that an outflow of economic resources will be required to settle an obligation

  • Provision is not discounted to NPV

Recognition of contingent asset and reimbursement claims

Contingent asset / reimbursement claims are recognised when the realization of related income is ”virtually certain”

Contingent asset/reimbursement claims are recognised when the realisation of related income is ”reasonably certain”

Meaning of obligation

Clarifies that obligations may be legally enforceable and may also arise from normal business practice, custom and a desire to maintain good business relations or act in an equitable manner.

No specific guidance on meaning of ‘obligation

Note 1 : Reference in this regards can be placed on following extracts from Commentary of learned authors of Kanga & Palkhivala on s.145 (Tenth Edition – Vol II - Page 2139)

“Under this section the assessee’s regular method of accounting determines the mode of computing the taxable income but it does not determine or even affect the range of taxable income or the ambit of taxation. Preparation of the statement of accounts in compliance with applicable statutory provisions does not disentitle an assessee to submit the income-tax return on the real taxable income in accordance with the method of accounting adopted consistently and regularly. The provision for computation of income contained in this section cannot derogate from the provisions of the charging section. In other words, the charge on income accruing or received in India, imposed by S. 5, cannot be avoided by any method of accounting.”

Note 2 : Formulae for capitalising general borrowing cost is as under

Interest to be capitalised as per

ICDS =

A X B

C

A

Total borrowings cost excluding specific borrowing cost

B

Average cost of various qualifying assets24

C

Average amount of total assets as appearing in the balance sheet

  1. The article is considering the law as on 2nd May, 2015. The article also covers amendments during enactment stage to Finance Act, 2015 as passed by Lok Sabha on 30th April, 2015.
  2. Notification No. 33/2015 [F. No. 134/48/2010-TPL]
  3. The above two standards were largely comparable to the corresponding ICAI AS (AS-1 and AS-5)
  4. S. 144 of the ITA
  5. The amendments were passed in Lok Sabha on 30th April, 2015 and as a process, the amended Act will be transmitted to Rajya Sabha for their suggestions and then to the President of India for his assent, before it is enacted as law.
  6. Various courts, considering the purpose and object of subsidy, had treated the subsidy to be a non-taxable capital receipt.
  7. Inventory that require a period of 12 months or more to bring them to a saleable condition
  8. Cost of services shall consist of labour and other costs of personnel directly engaged in providing the service including supervisory personnel and attributable overheads.
  9. Association of person or Body of individuals
  10. Percentage of Completion Method
  11. There were judicial precedents pre-ICDS which supports deferral of recognition of retention money for tax purpose till there is no enforceable debt. Readers are required to evaluate the impact of judicial precedents rendered pre-ICDS in light of provisions contained in ICDS.
  12. AS also permits recognition at net book value of asset given up under certain circumstances like exchange of similar assets.
  13. Disclosure requirement under ICDS is in line with reporting requirement in tax audit report (Clause 18 of Form 3CD)
  14. Foreign Currency Monetary Item Translation Difference Account
  15. S.43A applies only to imported assets
  16. Foreign Currency Translation Reserve A/c
  17. By implication, ICDS will require recognition as income under residuary clause
  18. AS covers only revenue grant within its ambit
  19. Since ICDS deals with computation of income under under the head “Profits and gains of business or profession” or “Income from other sources”, ICDS only deals with securities held as stock-in-trade.
  20. Securities Contract (Regulation) Act, 1956
  21. Generally, a period of 12 months is considered as a substantial period of time
  22. Proviso to s.36(1)(iii) amended to bring in line with requirements of ICDS (refer discussion at para II(b))
  23. In case of inventory, cessation of capitalisation will be from the date when substantially all the activities necessary to prepare such inventory for its intended sale are complete
  24. Specific rules provided for capitalisation in respect of (a) Assets acquired and put to use during same previous year and (b) Assets awaiting capitalisation brought forward from earlier year and put to use during the relevant previous year.

The Central Government has vide Notification No. 32/2015 [F. No. 134/48/2010-TPL] dated 31st March, 2015 notified ten ICDS under Section 145(2) of the Income-tax Act, 1961 (‘the Act’). These ICDS supersede two standards notified vide S.O 69(E) dated the 25th January, 1996, viz. Accounting Standard I (Disclosure of Accounting Policies) and Accounting Standard II (Disclosure of prior period and extraordinary items and changes in Accounting Policies).

Following are ten notified ICDS and the corresponding existing Accounting Standards (AS):

ICDS No.

AS No.

ICDS relating to

I

1

Accounting Policies

II

2

Valuation of Inventories

III

7

Construction Contracts

IV

9

Revenue Recognition

V

10

Tangible Fixed Assets

VI

11

Effects of Changes in Foreign Exchange Rates

VII

12

Government Grants

VIII

13

Securities

IX

16

Borrowing Costs

X

29

Provisions, Contingent liabilities and Contingent assets

Main features

  1. ICDS applies with effect from 1st day of April, 2015, accordingly it shall apply to the assessment year 2016-17 and all the subsequent assessment years;

  2. It applies to all assessees (whether resident or non-resident) following the mercantile system of accounting;

  3. It is applicable while computing income chargeable under the heads ‘Profits and Gains of Business or Profession’ or ‘Income from other sources’;

  4. There is no income or turnover criterion for applicability of ICDS;

  5. The ICDS is to be applied only for the purpose of computation of income. It is not required to be applied for the purposes of maintenance of books of account;

  6. Taxable profits would be determined after making appropriate adjustments to the financial statements, which may have been prepared under AS / Ind AS, to bring them in conformity with ICDS;

  7. All ICDS, except on Securities, provide for transitional provisions to facilitate first time adoption and consideration of the resultant impact;

  8. In case of conflict between the provisions of the Act and ICDS, the provisions of the Act shall prevail to that extent;

  9. Words and expressions used and not defined in ICDS but defined in the Act shall have the meaning assigned to them in the Act.

  10. Revenue or expenses on which there is no ICDS will continue to be governed by existing AS e.g. leases, prior period items;

  11.  ‘Book profit’ for the purpose of MAT will continue to be computed as per the Accounts prepared as per existing AS/ Ind AS;

  12. The ICDS in general do not have prudence as a fundamental assumption except where it is specifically provided so in the respective ICDS. It may result in earlier recognition of income or gains or later recognition of expenses as compared to the Accounts prepared under the existing AS;

  13. Section 145(3) as amended by the Finance (No. 2) Act, 2014 empowers the Assessing Officer to make assessment in the manner provided under Section 144 if there is a failure to compute income according to ICDS;

The ICDS are largely derived from the existing AS with specific deviations. However, explanations and examples given in AS are not included in ICDS. The following is a brief synopsis highlighting the significant differences between the ICDS and the existing AS:

1. ICDS I relating to Accounting Policies

As per AS, the major considerations governing selection and application of Accounting Policies are ‘prudence’, ‘substance over form’ and ‘materiality’. The ICDS does not consider ‘prudence’ and ‘materiality’ as the major consideration in selection and application of accounting policies.

The ICDS permits recognition of expected losses or mark-to-market losses only when the same is in accordance with the provisions of the ICDS.

The ICDS does not permit change in Accounting Policies without reasonable cause.

Where there is a change in accounting policy which has no material effect for the current previous year but which is reasonably expected to have a material effect in later previous years, the ICDS requires disclosure of such change in the previous year in which the change is adopted and also in the previous year in which such change has material effect for the first time.

2. ICDS II relating to Valuation of Inventories

The scope of the standard and the meaning of term inventory used in ICDS are the same as in the existing AS.

With respect to the measurement principles the ICDS differs from the AS in the following manner:

  • Unlike AS, the ICDS does not exclude from the Cost of Purchase duties and taxes which are subsequently recoverable by the assessee from the taxing authorities e.g. CENVAT credit;

  • Under AS as well as under ICDS the allocation of fixed production overheads for the purpose of their inclusion in the cost of conversion is based on the normal capacity of the production facilities. When actual level of production approximates to normal capacity, the existing AS gives option to the assessee to use actual level of production as the normal capacity of the production facilities. The ICDS does not give such option and it requires the assessee to adopt the actual level of production as the normal capacity;

  • The ICDS does not permit use of standard cost method as the technique for the measurement of cost;

The ICDS specifically provides that the value of the opening inventory shall be the value of the inventory as on the close of the immediately preceding previous year.

The ICDS does not permit change in the method of valuation of inventories without reasonable cause.

In case of dissolution of a partnership firm or association of person or body of individuals, as per ICDS, the inventory is to be valued at the net realisable value, irrespective of the fact whether the business is discontinued or not.

In case where the cost of the opening inventory as on the 1st day of April, 2015 includes interest and other borrowing costs, which do not meet the criteria for recognition of interest as a component of the cost as per para 11 of the ICDS II, the same shall still be taken into account for valuation of the inventory if such inventory remains part of inventory as on the close of the year.

3. ICDS III relating to Construction Contracts

This ICDS applies in determination of income for a construction contract of a contractor. It recognises only the percentage completion method for determination of contract revenue and contract costs of a construction contract.

Contract revenue is defined to include amongst others, Retention money also.

Contract cost is defined to include:

  • Costs attributable to a contract for the period from the date of securing the contract to the final completion of the contract;

  • Costs incurred for securing the contract – provided the costs can be separately identified and it is probable that contract will be obtained;

  • Allocated borrowing costs in accordance with the ICDS on Borrowing Costs;

  • Contract cost that relates to future activity on the contract is to be recognised as an asset and is to be expensed out when corresponding revenue is recognized. Under the existing AS the recognition of asset is subject to its probability of earning of future revenue.

Unlike the existing AS the ICDS does not permit:

  • Adjustment of incidental income in the nature of interest, dividends or capital gains from contract cost; or

  • Recognition of foreseeable or expected loss as contract cost till such losses are actually incurred.

The existing AS requires provision to be made for the expected losses on onerous construction contract immediately on signing the contract. Under the ICDS, such loss is allowed only in proportion to the stage of its completion.

Stage of completion of a Contract:

  • During the early stages of a contract, where the outcome of the contract cannot be estimated reliably, contract revenue is recognised only to the extent of costs incurred. The early stage of a contract cannot extend beyond 25% of the stage of completion;

  • As per ICDS progress payments and advances received from customers are not determinative of the stage of completion of a contract.

Transitional Provisions

Contract revenue and contract costs associated with the construction contract, which commenced before 31st March, 2015 but not completed by the said date, shall be recognised as revenue and costs respectively in accordance with the provisions of this standard. The amount of contract revenue, contract costs or expected loss, if any, recognised for the said contract for any previous year commencing on or before 1st April, 2014 shall be taken into account for recognising revenue and costs of the said contract for the previous year commencing on 1st April, 2015 and subsequent previous years.

4. ICDS IV relating to Revenue Recognition

This ICDS deals with the basis for recognition of revenue arising from sale of goods, rendering of services and use by others of the assessee’s resources yielding interest, royalties or dividend.

As per the existing AS the revenue is recognised when it is measurable and it is not unreasonable to expect its ultimate collection. As per ICDS revenue shall be recognised as under:

  • Revenue from sale of goods is recognised when there is reasonable certainty of its collection;

  • Revenue from rendering of service is recognised as per principles laid down in ICDS III on Construction Contract. The “completed contract method” is not recognised;

  • Interest income shall accrue on time basis determined by the amount outstanding and the rate applicable. Discount or premium on debt securities is recognised over the period to maturity;

  • Royalties income shall accrue in accordance with the terms of the relevant agreement; and

  • Dividend income is recognised in accordance with the provisions of the Act.

Disclosures

  • Sale of goods: amount not recognised as revenue during the previous year due to lack of certainty of its ultimate collection along with nature of uncertainty;

  • Rendering of service: Amount of revenue recognized;

  • Method used to determine the stage of completion of service transactions in progress; and

  • For service transactions in progress at the end of previous year:

  • Costs incurred;

  • Recognised profits / losses up to end of previous year;

  • Advances received; and

  • Retentions amount.

Transitional provisions

  • In case of rendering of service – the corresponding provisions of ICDS III on Construction Contract shall mutatis mutandis apply to recognition of revenue and the associated costs for a service transactions undertaken on or before the 31st day of March, 2015 but not completed by the said date;

  • In case of transactions other than above undertaken on or before the 31st day of March, 2015 but not completed by the said date shall be recognised as per this ICDS.

5. ICDS V relating to tangible Fixed Assets

The ICDS applies to the specified tangible Fixed Assets viz., land, building, machinery, plant or furniture.

As per ICDS an item is classified as a tangible Fixed Asset when it is held with the intention of it being used for the purpose of producing or providing goods or services and is not held for sale in the normal course of business. However, like the existing AS, the ICDS does not permit assessee to expense an item, which otherwise could have been classified as fixed assets, when the amount of expenditure is not material.

When the cost of assets undergoes change on account of exchange fluctuation, the ICDS permits to make change in the cost of assets of an amount equal to the sum computed as per ICDS VI on the effects of changes in foreign exchange rates;

In case the interval between the date a project is ready to commence commercial production and the date at which commercial production actually began is prolonged, as per ICDS, the expenses incurred during this period cannot be charged to statement of Profit and Loss.

In case of exchange of assets – as per AS the cost is ascertained by reference to Fair Market Value of the asset given or Fair Market Value of the asset acquired, whichever is more. As per ICDS, it shall be equal to the Fair Value of the asset acquired.

Where several assets are purchased for a consolidated price, as per ICDS, the total consideration paid is to be apportioned to various assets on a fair basis. AS requires the apportionment on a fair basis as determined by a competent valuer.

As per ICDS depreciation on a tangible Fixed Asset and income arising on transfer of a tangible Fixed Asset is to be computed in accordance with the provisions of the Act.

Following disclosure shall be made in respect of tangible fixed assets, namely:

  • Description of asset / block of assets;

  • Rate of depreciation;

  • Actual cost or written down value, as the case may be;

  • Additions or deductions during the year with dates; in the case of any addition of an asset, date put to use; including adjustments on account of:

  • Central Value Added Tax credit claimed and allowed under the CENVAT Credit Rules, 2004;

  • Change in value on account of change in rate of exchange of currency;

  • Subsidy or grant or reimbursement, by whatever name called;

  • Depreciation allowable; and

  • Written down value at the end of year.

Transitional Provisions : The actual cost of tangible Fixed Assets, acquisition or construction of which commenced before 31st March, 2015 but not completed by the said date, shall be recognised in accordance with this ICDS. The amount of actual cost, if any, recognised for the said assets for any previous year commencing on or before the 1st April, 2014 shall be taken into account for recognising actual cost of the said assets for the previous year commencing on the 1st April, 2015 and subsequent previous years.

6. ICDS VI relating to the effects of changes in foreign exchange rates

This ICDS deals with:

  • Treatment of transactions in foreign currencies;

  • Translating the financial statements of a foreign operation; and

  • Treatment of foreign currency transactions in the nature of forward exchange contracts. However, unlike AS, this ICDS:

  • Does not exclude from its scope exchange differences arising on forward exchange contracts entered into to hedge the foreign currency risks of future transactions in respect of which firm commitments are made or which are highly probable forecast transactions;

  • Specifically includes and treats a foreign currency option contract and a financial instrument of a similar nature as a forward exchange contracts;

Subject to provisions of section 43A of the Act or Rule 115 of Income-tax Rules, 1962, as per the ICDS:

  • Initial recognition of a foreign currency transaction shall be at the foreign currency exchange rate on the date of transaction. The ICDS permits applying a weekly or a monthly average rate, if fluctuation during the period is not significant;

  • At last day of each previous year:

    • Foreign currency monetary items shall be converted into reporting currency by applying the closing rate, unless there are restrictions on remittances or it is not possible to effect an exchange of currency at that rate. In the latter case it should be accounted at realisable rate in reporting currency. The exchange difference arising therefrom shall be recognised as income/expense;

    • Non-monetary items in a foreign currency shall be converted into reporting currency by using the exchange rate at the date of the transaction.

All exchange differences relating to integral foreign operations will be treated as mentioned above. The exchange differences relating to non-integral foreign operations will be treated as under:

  • The assets and liabilities, both monetary and non-monetary, will be translated at the closing rate;

  • Items of profit and loss statement will be translated at exchange rates at the dates of the transactions; and

  • All resulting exchange differences shall be recognised as income or as expenses in that previous year (as per AS 11, it is accumulated in the reserve account until the disposal of the net investment).

The ICDS does not recognise optional treatment available under Paragraph 46A of AS-11 whereunder the assessee can recognise Exchange differences qua the long term foreign currency monetary items under “Foreign Currency Monetary Item Translation Difference Account (FCMITDA)” and amortise the same over the balance period of such long-term asset or liability. As per ICDS the profit/(loss) arising at the year-end on reinstatement of monetary items, including the long-term monetary items, is to be recognised as income or expense.

In respect of forward exchange contracts entered into for trading, speculation, firm commitment or highly probable forecast transaction, under the existing AS, marked to market gains or losses is recognised in profit and loss statement. Under ICDS such gains or losses is recognised in income computation only on settlement. In respect of forward exchange contracts of the nature other than above, say pure hedge contract, the ICDS recognises gain or loss in the same year.

Premium or discount arising at the inception of a forward exchange contract is treated as under:

  • In case of a forward exchange contract that are intended for trading or speculation purposes or is entered into to hedge the foreign currency risk of a firm commitment or a highly probable forecast transaction – to be recognised at the time of settlement;

  • In case of forward exchange contracts of the nature other than above – to be amortised as expense or income over the life of the contract.

Transitional Provisions

Exchange differences arising in respect of monetary items or non-monetary items, on the settlement thereof during the previous year commencing on the 1st day of April, 2015 or on conversion thereof at the last day of the previous year commencing on the 1st day of April, 2015, shall be recognised in accordance with the provisions of this ICDS after taking into account the amount recognised on the last day of the previous year ending on the 31st March, 2015 for an item, if any, which is carried forward from said previous year.

The financial statements of foreign operations for the previous year commencing on the 1st day of April, 2015 shall be translated using the principles and procedures specified in this ICDS after taking into account the amount recognised on the last day of the previous year ending on the 31st March, 2015 for an item, if any, which is carried forward from said previous year.

All forward exchange contracts existing on the 1st day of April, 2015 or entered on or after 1st day of April, 2015 shall be dealt with in accordance with the provisions of this Standard after taking into account the income or expenses, if any, recognised in respect of said contracts for the previous year ending on or before the 31st March, 2015.

7. ICDS VII relating to Government Grants

The definition of ‘Government Grants’ as per ICDS is the same as is given in the existing AS. The difference is in the examples of different forms of Government Grant as given in the Standard. As per ICDS it includes not only the subsidies, cash incentives, duty drawbacks (which are also given in the existing AS) but also ‘waiver’, ‘concessions’ and ‘reimbursements’. The other notable exception is that the existing AS specifically excludes from its scope Government assistance which are not in the form Government Grants. The ICDS does not do so.

Recognition and Treatment of Government Grant

  • Both the Standards require that the Government Grant should be recognised when there is reasonable assurance about the ability of the assessee to comply with the conditions attached and that the Grants shall be received;

  • ICDS additionally provides that the recognition of grant shall not be postponed beyond the date of actual receipt (irrespective of whether the conditions attaching to the Grant have been or will be fulfilled);

  • Both the Standards require that the Grants receivable as compensation for losses/expenses incurred in earlier years or given for financial support with no further related cost
    should be recognised as income of the period in which it is receivable;

  • Grants relating to a depreciable fixed asset should be deducted from its actual cost or written down value of block of assets;

  • Grant relating to a non-depreciable asset requiring fulfilment of certain obligations shall be recognised as income over the same period over which the cost of meeting such obligations is charged to income;

  • Grants of the nature other than above shall be recognised as income over the periods necessary to match them with the related costs which it is intended to compensate.

  • Grants in the form of non-monetary assets, given at a concessional rate, shall be accounted for on the basis of their acquisition cost.

Refund of Government Grants

  • Grants relating to depreciable Fixed Assets on becoming refundable are recorded by increasing the actual cost or written down value of block of assets by the amount refunded. Any such increase in the value of the asset shall be depreciated prospectively at the prescribed rate;

  • In other cases when grant is refundable, it should be first adjusted against unamortised deferred credit balance of the grant and the balance should be charged to the Profit and Loss Statement.

Disclosures

  • Nature and extent of grants recognised during the previous year:

  • By way of deduction from the actual cost of the asset or assets or from the written down value of block of assets during the previous year;

  • As income.

  • Nature and extent of grants not recognised during the previous year:

  • By way of deduction from the actual cost of the asset or assets or from the written down value of block of assets during the previous year; and / or

  • As income;

and reasons there of.

8. ICDS VIII relating to Securities

This ICDS deals with securities held as stock-in-trade;

‘Securities’ has the meaning assigned to it in Section 2(h) of the Securities Contract (Regulation) Act, 1956 other than Derivatives referred to in Section 2(h) (1a) of that clause.

Recognition and Initial Measurement of Securities

  • A security on acquisition is recognised at actual cost which comprises of its purchase price and includes acquisition charges such as brokerage, fees, tax, duty or cess;

  • In case of a security acquired in exchange for other security/ another asset, the cost of acquisition is the fair value of the security / asset acquired;

  • In case of cum-interest securities, the accrued interest is deducted from the actual cost of the securities.

Subsequent Measurement of Securities

  • At the end of the previous year, securities which is listed on a recognised stock exchange and is quoted with regularity from time-to-time, and which is held as stock-in-trade is valued at actual cost initially recognised or net realisable value at the end of that previous year, whichever is lower;

  • Other securities is valued at actual cost initially recognised;

  • Where the actual cost initially recognised cannot be ascertained by reference to specific identification, the cost of such security is determined on the basis of first-in-first-out method;

  • Comparison of actual cost initially recognised and net realisable value is done category-wise and not for each individual security. For this purpose, securities is classified into the following categories:

  • Shares;

  • Debt securities;

  • Convertible securities;

  • Securities other than above.

  • The value of opening stock-in-trade shall be the value of the stock-in-trade as on the close of the immediately preceding previous year.

9. ICDS IX relating to Borrowing Costs

Unlike the existing AS, the exchange differences arising from foreign currency borrowings to the extent they are treated as an adjustment to the interest cost are not considered as borrowing cost under ICDS. Its treatment will be the same as given in ICDS on ‘The Effect of Changes in Foreign Exchange Rate’.

The existing AS treats only those assets as qualifying asset that takes “substantial period of time” (period of twelve months or more) to get ready for its intended use or sale. The ICDS treats all assets (excluding inventory), tangible or intangible as the qualifying assets irrespective of the time require to get it ready for its intended use or sale. The inventory is considered as qualifying assets only when it requires a period of twelve months or more to bring them to a saleable condition.

Borrowing costs that are directly attributable to the acquisition, construction or production of any qualifying asset is capitalised. In cases where funds are borrowed generally and utilised for the purposes of acquisition, construction or production of qualifying asset, this ICDS prescribes formula for capitalisation of borrowing costs which involves allocating the total general borrowing cost incurred in the ratio of average cost of qualifying assets on the first day and last day of the previous year and the average cost of total assets on the first day and last day of the previous year (other than those assets which are directly funded out of specific borrowings).

As per ICDS, income earned on temporary investment of funds borrowed specifically for qualifying assets cannot be reduced from borrowing cost to be capitalised.

As per ICDS, capitalisation of borrowing cost should commence from:

  • In case of a specific borrowing, the date of the borrowing; and

  • In case of general borrowing, from the date of the utilisation of funds.

Unlike the existing AS the ICDS does not permit suspension of capitalisation of borrowing cost during extended periods in which active development of qualifying assets is interrupted.

The ICDS provides that capitalisation of borrowing cost shall cease:

  • In case of inventories – when substantially all the activities necessary to prepare the inventory for its intended sale are complete;

  • In case of other assets - when the asset is first put to use.

As per AS the capitalisation of borrowing cost qua all the items of qualifying asset ceases when substantially all the activities necessary to prepare for its intended use or sale are complete.

All the borrowing costs incurred on or after 1-4-2015 shall be capitalised in the previous year commencing on or after 1-4-2015 in accordance with this ICDS after taking into account the amount of borrowing costs capitalised, if any, for the same borrowing in any previous year ending on or before 31-3-2015.

Disclosure

  • Accounting policies adopted for borrowing costs;

  • Amount of borrowing costs capitalised during the previous year.

10. ICDS X relating to provisions, contingent liabilities and contingent assets

This ICDS deals with provisions, contingent liabilities and contingent assets except those:

  • Resulting from financial instruments, whether the same is carried at fair value or not;

  • Resulting from executory contracts, including where the contract is onerous;

  • Arising in insurance business from contracts with policy holders;

  • Covered by other ICDS.

Provisions which are adjustments to the carrying amount of assets are not covered under this ICDS.

As per ICDS the provision is recognised when it is reasonably certain that an outflow of resources will be required to settle the obligation. Under the existing AS the provision is recognised when it is probable (i.e. more likely than not).

The existing AS requires the recognition of a contingent asset when it is virtually certain that there will be inflow of resources. As per ICDS a contingent asset is recognised when it is reasonably certain that inflow of resources will arise.

In cases where expenditure incurred to settle the obligation is expected to be reimbursed by another party the ICDS recognises reimbursement when it is reasonably certain that it would be received. While under the AS the said reimbursement is recognised only when there is virtually certainty that it will be received on settlement of the obligation.

Unlike AS, the ICDS does not permit recognition of expected losses on onerous contracts.

Unlike AS, the ICDS does not provide specific guidance on obligation arising from normal business practice, custom and a desire to maintain good business relations or to act in an equitable manner.

All the provisions or assets and related income shall be recognised in the previous year commencing on or after 1st day of April, 2015 in accordance with the provisions of this standard after taking into account the amount recognised in any previous year ending on or before 31st day of March, 2015.

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