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Microlesson · 5-min read

CARO 2020 - Statutory Dues, Income Tax & Loans/Borrowings (Clauses vii-ix)

# CARO 2020 — Clauses (vii) to (ix)

## Clause (vii) — Statutory Dues

(a) Whether the company is regular in depositing undisputed statutory (government) dues. If not — disclose outstanding statutory dues > 6 months from due date, as on last day of FY.

(b) Where dues are not deposited due to dispute — state:

  • The amount
  • The forum where the dispute is pending

> Important: Mere representation to the department is not a dispute.

## Clause (viii) — Income Tax (Unrecorded Income)

Whether transactions not recorded in books were disclosed as income in Income Tax assessments (typically Sec 153A / search & seizure surrenders). If yes — whether this unrecorded income has been properly recorded in books during the year.

## Clause (ix) — Loans & Borrowings

(a) Default in repayment — Report defaults in repayment to lender, in the prescribed format:

Nature of borrowingName of lenderAmount not paid on due datePrincipal or InterestNo. of days delayRemarks

Lender-wise details for banks, FIs and Government only.

(b) Wilful Defaulter — Whether the company has been declared a wilful defaulter by any bank, FI, or other lender.

(c) Term Loan End-Use — Whether term loans were applied for the purpose obtained. If not — report amount diverted and the purpose actually used.

(d) Short-term vs Long-term — Whether short-term funds are used for long-term purposes (working capital diversion). If yes — nature and amount.

(e) Funds for Group entities — Whether the company took funds to meet obligations of its subsidiaries, associates or JVs. If yes — details, nature & amount.

(f) Pledge of group securities — Whether the company raised loans by pledging securities held in its subsidiaries/JVs/associates. If yes — give details and report any default.

---

## Visual Map

```

Clause (vii) → Government dues (TDS, GST, PF, etc.)

Clause (viii) → Income surfacing via IT assessment

Clause (ix) → Borrowings: default, end-use, group exposure

```

Worked example

### Example 1

Example — Clause (vii)(a):

GST payable for Aug 2024 of ₹5 lakhs remained unpaid as on 31-Mar-2025. Since due date was 20-Sep-2024, the period from due date to 31-Mar-2025 is > 6 months → must be reported as outstanding undisputed statutory dues.

### Example 2

Example — Clause (vii)(b) Disputed dues:

Income tax demand of ₹20 lakhs for AY 2022-23 — appeal pending before CIT(Appeals).

Reporting: Amount ₹20 lakhs; Forum: CIT(Appeals).

A mere letter to the assessing officer disputing the demand would NOT qualify — only appeals before recognised forums count.

### Example 3

Example — Clause (ix)(d):

Company raised ₹10 crore short-term commercial paper and used ₹3 crore to purchase fixed assets (long-term use).

Reporting: Nature — diversion of short-term funds for long-term purposes; Amount — ₹3 crore.

⚠️ Common exam mistakes

  • Treating a 'letter to the department' as a dispute under clause (vii)(b) — only pending appeals/cases before a forum qualify
  • Under clause (vii)(a), missing that the cut-off is 6 months from the due date, not from year-end
  • Forgetting that clause (ix)(a) requires lender-wise detail ONLY for banks, FIs & Govt — not for related-party or other lenders
  • Confusing clause (viii) — it applies to income surrendered in IT assessment, not to all tax disputes
Reference:
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