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Microlesson · 5-min read

CARO 2020 – Clauses 5, 6 & 7: Deposits, Cost Records and Statutory Dues

## CARO 2020 – Clauses 5, 6 & 7

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### Clause 5: Deposits (Sections 73–76 of Companies Act)

Report on:

  • Whether deposits accepted comply with Sections 73 to 76 of the Companies Act
  • If not compliant — state the nature of contraventions
  • If any order has been passed by CLB / NCLT / RBI / any court or tribunal — whether the same has been complied with

> Sections 73–76 regulate acceptance of public deposits. Non-compliance is serious and must be specifically reported.

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### Clause 6: Cost Records (Section 148(1) of Companies Act)

Report on:

  • Whether maintenance of cost records is as specified in Section 148(1)

> Section 148(1) empowers the Central Government to direct companies in specified industries to maintain cost records. Auditors must verify if the company falls under such an order and whether records are maintained accordingly.

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### Clause 7: Statutory Dues

This clause has two parts:

#### Part A: Undisputed Dues

Report whether the company is regular in depositing the following statutory dues:

  • GST
  • Provident Fund (PF)
  • Income Tax (IT) / Advance Tax
  • Sales Tax
  • Employees' State Insurance (ESI)
  • Customs Duty
  • Excise Duty
  • Any other statutory dues

If irregular: report arrears outstanding for more than 6 months from the date they became payable, as at the last day of the FY.

#### Part B: Disputed Dues

Where statutory dues have not been deposited on account of any dispute:

  • Report the amount involved
  • Report the forum where dispute is pending (e.g., Commissioner Appeals, ITAT, High Court, Supreme Court)

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### Quick Comparison: Undisputed vs Disputed

AspectUndisputedDisputed
TriggerNon-deposit (no dispute)Non-deposit due to dispute
Reporting thresholdOutstanding > 6 monthsAll amounts in dispute
Key detail to reportAmount of arrearsAmount + forum of dispute

Worked example

### Example 1

During the audit of Horizon Ltd, you find: (a) TDS of ₹3 lakh for June remains unpaid (8 months overdue, no dispute); (b) GST of ₹10 lakh is not paid due to a pending dispute before the GST Appellate Authority. How do you report under Clause 7?

Answer: (a) Undisputed dues: TDS arrear of ₹3 lakh is outstanding for more than 6 months — must be reported under Clause 7(a) with the amount and nature of due. (b) Disputed dues: GST of ₹10 lakh not deposited due to dispute — report the amount (₹10 lakh) and the forum (GST Appellate Authority) under Clause 7(b).

### Example 2

Sigma Ltd is in the pharmaceutical sector. The Ministry of Corporate Affairs has directed companies in this sector to maintain cost records under Section 148(1). During audit you find Sigma maintains only financial accounts. How do you report under CARO?

Answer: Clause 6: Report that the maintenance of cost records as specified under Section 148(1) has NOT been complied with. Specify that Sigma Ltd is required to maintain cost records but has failed to do so.

⚠️ Common exam mistakes

  • Reporting ALL unpaid statutory dues under Clause 7(a) — only arrears outstanding for more than 6 months from the due date are required to be reported.
  • Confusing the 6-month threshold (undisputed dues, Clause 7) with the 90-day threshold (overdue loans, Clause 3).
  • Not reporting the forum for disputed dues — the exam answer must include the name of the specific appellate authority or court.
  • Treating Clause 6 as applicable to all companies — it applies only where the Central Government has directed cost record maintenance under Section 148(1).
  • Omitting GST from the list of statutory dues in Clause 7 answers — GST is explicitly listed in CARO 2020 (added over earlier versions).
Reference: CARO Clauses 3(v), 3(vi), 3(vii); Companies Act Sections 73–76, 148(1) — Companies (Auditor's Report) Order, 2020; Companies Act, 2013
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