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Q.1. Dr. Anil Kumar and M/s Ajay Enterprises are planning to start a
joint venture paediatric 50 bedded hospital. What do you think are the
advantages of incorporation of the hospital?
Solution-
(a) To operate and maintain in hospital including out-patient facilities and an institution
or other facilities.
(b) To provide facilities and personnel for the treatment of sick and injured persons and
to ensure for such persons a high quality of medical and surgical care and treatment.
(c) To carry on education activities related to rendering care to the sick and injured and
to the promotion of health with a view to maintaining and improving the standard of
medical education and knowledge.
(d) To promote and carry on scientific and administrative research related to the care of
the sick and injured with a view particularly to finding means of prevention and
treatment of human illness and disability.
(e) To participate in any activity designed and carried on to promote the general health
of the community and to co-operate with other hospitals and health agencies in the care
and treatment of the sick and injured.
(f) Fix the fees and rates charged by the corporation for the nursing of, attendance upon,
supply of hospital care and treatment to, patients and for rendering of other services.
(g) Establish and support, or aid in the establishment and support of, associations,
institutions, funds, trusts, and conveniences, calculated to benefit employees or ex-
employees of the corporation or the dependants or connections of such persons, and
grant pensions and allowances and make payments towards insurance, or for any objects
like or similar to those foregoing.
(I) Utilize surpluses, as the board may decide, for the improvement of corporation
services and training.
(j) Establish such reserves as the board may decide, and invest them or other funds in
such securities, and in such manner as the board may think fit, and vary or realize any
such investments.
(k) Receive and accept such grants, devises, gifts and bequests as are made by or
received from the Government of Canada or the Government of Manitoba, or any
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municipality or other corporation or person, for the use and purposes of the hospital.
Operate any business or industry that may help to maintain its institutions or be of
service to patients or employees of the corporation and bargain and sell the products
thereof in accordance with the laws of the province and lease part of its premises to
others for such purposes and utilize any profit derived there from for the general
purposes of the corporation.
1.1. Internal Control comprises the plan and all the co-ordinate methods and measures
adopted within an organisation with the express objectives of:-
2.1. In recent years, the relevance and objectives of Internal Accounting Controls,
have expanded far beyond the traditional ambit of protection against theft and fraud,
well into the areas of effectiveness, accountability and operational efficiency of the
organisation
2.2. Hence the need for evaluation of the system of internal control, while conducting
the audit of the accounts of Government organisations, whether the nature of their
operations is commercial or civil.
3.1. Viewed in the Indian context, the Government in consultation with the Institute of
Chartered Accountants of India issued the Manufacturing and Other Companies
(Auditors' Report) Order, 1975, (Order) for rationalisation of the requirements for such
evaluation. The revised Order considerably enhances the reporting responsibilities of the
Auditor while reporting upon the adequacy and reasonableness of the procedures as also
the financial health of the Company. It is significant to state in this context that the
Order is supplemental to the directions given by the Comptroller and Auditor General of
India (CAG) under the Companies Act, in respect of Government Companies with
regard to which matters specified in the Order would constitute an integral part of the
Auditor's Report submitted, and reply to the questionnaire issued by the CAG would
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3.2 The National Audit Office of the United Kingdom, in collaboration with the
Overseas Development Administration, in its Manual entitled “A Guide to
Certification Audit" emphasises the evaluation of internal control procedures during
Systems Based Audit (SBA). In the United States of America, the introduction of the
Foreign Corrupt Practices Act of 1977 (FCPA) requires the corporate management to
maintain a system of internal accounting controls, sufficient to provide reasonable
assurances for the proper execution of transactions and effecting accountability. Thus,
the world over, the need for internal controls has received considerable impetus and
there has admittedly been a conscious and significant increase in the necessity for
ensuring the existence of effective internal controls.
3.3 A system of internal control recognises the basic principle that it should be as
difficult as is practical and feasible, for individuals to be dishonest or careless. Such a
premise is indeed not based on a cynical view of human nature in general, but rather on
the realistic assumption that there could be a few persons who would be dishonest or
careless if it is easy for them to be so. Further, apart from the prevention and detection
of fraud, internal controls should reflect the strength of the overall accounting
environment in an organisation as also the accuracy of its financial and operational
records.
• Administrative controls, which include but are not limited to the plan of
organization and records that are concerned with the decision processes leading
to the Management's authorization of transactions.
• Accounting controls comprise the plan of organization , procedures and records
that are concerned with safeguarding of assets and the reliability of financial
records designed to provide reasonable assurance that the transactions are
recorded and executed in accordance with the general and /or specific
authorization of the Management, recording of transactions to ensure the
preparation of financial statements in conformity with the generally accepted
accounting principles and any other criteria applicable to such statements, proper
maintenance of accountable of assets, Management's authorization of access to
assets and accountability for the physical verification of assets
4.2 From the above it is clear that in an audit engagement the distinction between the
two types of controls requires considerable dexterity as the two are very often inter-
related. Needless to say that the distinction should not be artificially made and
administrative controls generally have a nexus with the accounting controls even if the
linkage is indirect.
4.3.1. Naturally therefore, the scope and objectives of the Statutory Auditor would
vary and depend upon both the size and structure of the entity as also the requirements
of the Management. Normally, however, the Statutory Auditor operates in one or more
of the following areas.
• Review of the Accounting Systems and the related internal controls. Thus while
the adequacy of the accounting systems is the responsibility of the Management,
the Statutory Auditor is usually assigned the specific responsibility for reviewing
the accounting systems and the related internal controls, as also monitoring their
operations.
• Review of financial and operating information including identification,
measurement, and classification and reporting such information specifically
enquiring into individual items including detailed testing of transactions,
procedures and balances.
• Examination of the economy, efficiency and effectiveness of operations
including non-financial controls.
• The degree of reliance that can be placed on the various systems and procedures
in existence.
• The nature, extent and timing of substantive audit tests to be applied. In this
process due to factors including the limitations of time, the volume of
transactions and magnitude of operations the Auditor can conduct:-
• Selective Verification in areas where he finds that internal control is effective.
• Detailed or comprehensive verification of transactions in areas where the internal
control is weak.
• Internal control investigation and evaluation is most relevant in the context of
The Statement on Standard Auditing Practices (SAP) pertaining to the "Study and
Evaluation of the Accounting System and Related Internal Controls in connection with
an Audit", defines the inter-relationship between the Statutory Auditor and internal
control.
7.1. It would be necessary at this stage, to make a distinction between the concepts of
'control environment' and 'control procedures'. The control environment refers to the
overall attitude, awareness and actions of the Management regarding control and its role
and importance in the entity.
7.2.1. A strong control environment (e.g. one with tight budgetary controls and an
effective audit function) can significantly complement specific controls. However, this
by itself does not ensure the overall effectiveness of the system of internal control.
Hence arises the necessity for 'control procedures'.
8.1. The challenges faced by the Auditor are considerable in an environment where the
use of the computer in data processing operations is on the increase. Thus it is possible
that while in a manual system, incompatible functions such as the authority to initiate
and execute a transaction and the recording of the transaction , are assigned to different
departments or to different individuals within the accounting department, in a
computerised environment, these incompatible functions may be consolidated within the
EDP department. Therefore the need arises for alternative controls including:-
GENERAL
1. Auditor should study the minutes of the meetings of the board of directors. It
will provide information regarding the decisions made by the entity.
2. He should study the internal control system present in the entity. It should be
decided that whether reliance can be placed on it or not.
INCOME
1. The main source of income of hospital is receipts from patients. The receipts of
bills should be checked with the cashbook entries.
2. Other source of receipts may be grants from different parties. These should be
verified with their respective counterfoils and correspondence between the
parties.
3. Other receipts may be form rents, interest or dividends. These may be checked
with their respective vouchers.
PAYMENTS
1. All the purchase should be checked with their respective purchase invoices.
1. Auditor should check the assets and liabilities appearing in the balance sheet on
the date of the balance sheet. It should be checked that they are shown at true
value. Proper depreciation should be provided on the assets.
2. Asset and liabilities should be actually physically verified by the auditor on the
balance sheet date if possible.
3. It should be checked that the balance sheet and profit and loss account have
been drawn according to the provisions of the act applicable to the business
entity.
Q.3. Mata Devi Healthcare is a charitable Trust hospital. Bring out the
provisions for charitable trust hospitals under the Income Tax Act?
Solution-
Charitable lead trusts make payments, either of a fixed amount (charitable lead
annuity trust) or a percentage of trust principal (charitable lead unit rust), to charity
during its term. At the end of the trust term, the remainder can either go back to the
donor or to heirs named by the donor. The donor may sometimes claim a charitable
income tax deduction or a gift/estate tax deduction for making a lead trust gift,
depending on the type of a charitable lead trust. Generally, a non-grantor lead trust does
not generate a current income tax deduction, but it eliminates the asset (or part of the
asset’s value) from the donor’s estate. If the trust has qualified under laws such as
Internal Revenue Code section 501(c), donations to the trust may be deductible to an
individual taxpayer or corporate donor.
Under the Public Trust Act, hospitals registered as trust hospitals are supposed to
provide free care to up to 20 per cent of their admissions, OPD and other services and
for this, they are exempted from the income tax. All these years, most of the charitable
trust hospitals taken the State for a royal ride by not complying with this provision of the
Act. The charity commissioner, to whom they are accountable, has also not audited the
functioning of these hospitals to find out whether the social benefit of free care for the
poor is being provided, in lieu of the tax benefits the hospitals get.
For octopi exemption, similar benefit clauses are there. If hospitals do not
honour the social commitment as per the Public Trust Act then, there is no reason for
them to get any tax benefits. In fact, the income tax authorities too need to review the
tax exemptions by conducting audit for the provision of free care. When the
Maharashtra government, sometime back, raised this question of 20 per cent free care
under pressure from NGO’s and activists, and demanded that the 20 per cent free care
could be referrals from government hospitals, the hospital lobby went to court and got a
stay order. With such an attitude on part of these ‘so called’ charitable hospitals, all tax
benefits should be withdrawn. Hence, the BMC was right in withdrawing the octopi tax
exemption given to the trust hospitals in the city.
Although the exemption on octopi provided only around 5 per cent relief on the
actual cost of the imported facilities, such exemptions, including the income tax
exemption, is well deserved by the trust hospitals. The surplus margins enjoyed by the
hospitals are too less, considering the high costs incurred on the high quality treatments
offered. The cost vs. price ratio is very high in the treatments offered, and any rise in the
cost would mean an increase in the price which will be paid by the patients, for the
treatment. The trust hospitals have come to the government’s rescue in ensuring the
provision of good health care to the people. It is unfair on the part of the government to
want to earn revenue out of the services offered by these hospitals. The exemptions
given by the government in income tax and the other taxes are passed on to the patients
in terms of reduced treatment costs.