## CARO 2020 – Clause (ix): Borrowings and Defaults
Six sub-clauses covering different aspects of how a company manages its borrowed funds.
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### (A) Default in Repayment
Whether the company has defaulted in repayment of:
Loans or other borrowings
Interest thereon
If yes → Report: Period and Amount of default
### (B) Declared Willful Defaulter
Whether the company has been declared a willful defaulter by any bank or financial institution.
### (C) Term Loan — End Use
Whether term loans were utilized for the purpose for which they were obtained.
If NOT → Report:
Amount of loan diverted
Purpose for which the diverted amount was actually used
### (D) Short-Term Funds Used for Long-Term Purposes
Whether funds raised on a short-term basis have been used for long-term purposes.
If yes → Report:
Amount involved
Nature of the long-term asset/purpose
### (E) Loans from Group Companies to Meet Obligations of Subsidiaries/JV/Associates
Whether the company has taken loans from any entity to meet the obligations of its subsidiaries/JV/Associates.
If yes → Report amount and nature.
### (F) Loans on Pledge of Securities of Subsidiaries/JV/Associates
Whether the company has taken loans on the security/pledge of shares of its subsidiaries/JV/Associates.
If yes → Give details and report if any default.
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### Summary Table
Sub-clause
Focus
Report If
(A)
Loan/interest default
Period + amount
(B)
Willful defaulter
Yes/No
(C)
Term loan misuse
Diverted amount + purpose
(D)
Short-term → Long-term
Amount + nature
(E)
Group-company borrowing for subsidiaries
Amount + nature
(F)
Pledge of subsidiary securities
Details + default
Worked example
### Example 1
Term Loan Diversion [Clause ix(C)]:
ABC Ltd obtained a term loan of ₹10 crore from a bank specifically for setting up a manufacturing plant. The company used ₹3 crore to repay existing short-term creditors instead.
Answer: Under Clause 3(ix)(c), the auditor reports that ₹3 crore out of the ₹10 crore term loan was NOT utilized for the intended purpose (manufacturing plant). The diverted amount (₹3 crore) was used for repayment of existing creditors — this must be reported.
### Example 2
Short-Term Funds for Long-Term Use [Clause ix(D)]:
XYZ Ltd raised ₹5 crore through a 6-month working capital facility and invested ₹4 crore in constructing a new warehouse.
Answer: The auditor reports under Clause 3(ix)(d) that ₹4 crore raised on a short-term basis (working capital facility) has been utilized for a long-term purpose (construction of warehouse). Nature and amount must be reported.
### Example 3
Willful Default Declaration [Clause ix(B)]:
PQR Ltd was declared a willful defaulter by State Bank of India during the year for non-payment of ₹8 crore dues.
Answer: The auditor must specifically report under Clause 3(ix)(b) that the company has been declared a willful defaulter by State Bank of India.
⚠️ Common exam mistakes
Treating a temporary delay in EMI payment as a 'default' under Clause (A) — a few days' delay may not constitute default; check the loan agreement's definition.
Forgetting sub-clauses (E) and (F) related to group company transactions — these are newer additions and often missed in exam answers.
Confusing term loan end-use (C) with short-term to long-term (D) — (C) is about the specific purpose stated in the loan agreement; (D) is about the tenure mismatch.
Not quantifying the diverted amount in Clause (C) — reporting must include both the amount diverted and the purpose for which it was used.
Bare-Act text Clause 3(ix) · Companies (Auditor's Report) Order, 2020 (CARO 2020) · click to expand
3(ix)(a) whether the company has defaulted in repayment of loans or other borrowings or in the payment of interest thereon to any lender, if yes, the period and the amount of default to be reported; (b) whether the company is a declared wilful defaulter by any bank or financial institution or other lender; (c) whether term loans were applied for the purpose for which the loans were obtained; if not, the amount of loan diverted for other purpose and the purpose for which it is used may be reported; (d) whether funds raised on short term basis have been utilised for long term purposes, if yes, the nature and amount is to be indicated; (e) whether the company has taken any funds from any entity or person on account of or to meet the obligations of its subsidiaries, associates or joint ventures; if so, details thereof with nature of such transactions and the amount in each case be reported; (f) whether the company has raised loans during the year on the pledge of securities held in its subsidiaries, joint ventures or associate companies, if so, give details thereof and also report if the company has defaulted in repayment of such loans raised.