Statutory audit under companies act
Foreign companies having a place of business in India must comply with provisions of the Companies Act. These entities are required to file audited financial statements with the Registrar of Companies.
- Financial statements must be prepared in accordance with Indian GAAP
- Audit must be conducted by a chartered accountant in India
- Branch office or project office accounts must be separately audited
- Audit report must be submitted with Form FC three and Form AOC five
Tax audit under income tax act
If a foreign company earns income in India and exceeds the turnover threshold, it must comply with tax audit provisions. This ensures proper reporting and computation of taxable income.
- Tax audit is applicable if total receipts exceed prescribed limits
- Report must be filed in Form three CA along with Form three CD
- Due date for tax audit is thirty first October for audited companies
- Audit must be conducted by a chartered accountant registered in India
Transfer pricing audit for international transactions
Foreign companies having international transactions with associated enterprises are required to comply with transfer pricing rules. A detailed audit ensures compliance with arm’s length pricing.
- Report in Form three CEB must be filed under section ninety two E
- Auditor must verify pricing, comparables, and transaction details
- Documentation must include master file and local file
- Filing must be completed before the income tax return due date
Audit of liaison and branch offices
Liaison and branch offices of foreign companies must maintain separate books of accounts in India. These must be audited annually and submitted to the Reserve Bank of India.
- Annual activity certificate must be issued by a practicing chartered accountant
- Certificate is required to be filed with RBI through the AD bank
- Financial statements must disclose income, remittances, and expenses
- Offices must follow FEMA guidelines and maintain compliance
Filing audited accounts with authorities
Audited accounts of foreign companies must be filed with multiple authorities including ROC, RBI, and tax departments. Timely submission ensures regulatory compliance.
- ROC filing is done in Form FC three and AOC five annually
- Income tax audit reports are uploaded on the e-filing portal
- RBI submission includes activity report and financial summary
- Filing delays may attract penalties under respective laws
Audit applicability for permanent establishments
Foreign companies with a permanent establishment in India are taxed as Indian entities. Their business activities are subject to full audit requirements.
- Permanent establishment income must be computed as per Indian tax laws
- Tax audit and transfer pricing rules apply where applicable
- Separate accounts for Indian operations must be maintained
- PE is liable to pay taxes on income attributable to Indian business
Audit of foreign companies under gst law
Foreign companies registered under GST must comply with audit and return requirements. This is applicable if their turnover exceeds the audit threshold.
- GST audit is required if aggregate turnover exceeds prescribed limit
- Reconciliation between books and GST returns must be provided
- Filing of GSTR nine and nine C may be applicable
- Appointed auditor must certify correctness of GST records



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