Forensic accounting is growing due to fraud and white collar criminal activities. First time, the term forensicaccounting was used in 1946 by Maurice E. Peloubet a partner in a New York accounting firm.
After that, Max Laurie stressed the need for forensicaccounting, literature and training. As far as cyber crime is concerned, this is also increasing. Therefore, there is need of forensic accounting.
In USA, Enron an energy company faced a major disaster in form of largest bankruptcy. Satyam scam in India creates a big question mark on the creditability and authenticity on certified auditors.
Generally, accountants acts like a watchdog but a forensic accountant must be a bloodhound.
According to George A. Manning, forensic accounting is the science of gathering and presenting financial information in a form that would be accepted by a jurisprudenceperpetrators of economic crimes.
Accounting + Auditing+ Investigating Skills = Forensic accounting which focuses on detecting or preventing accounting fraud.
It is used for legal purpose. Everywhere, whether there is stock market fraud, bank fraud or cyber fraud. It is important tool to detect investigate and prevents the frauds.
AICPA– It is the application of accounting principles, theories and discipline to facts or hypothesis at issue in legal dispute and encompasses every branch of accounting knowledge.
Procedure for setting Accounting Standards in India/Standard Setting Process:-
ICAI is the premiere accounting body in India who constituted Accounting Standards Board (ASB) in 1977. Accounting standards are developed by the ASB. The ASB considered the International Accounting Standards (IAS)/International Financial Reporting Standards (IFRS) while framing Accounting Standards (AS) in India and tried to integrate them
The Procedure of ASB for setting accounting standards in India is defined as:-
first of all, broad areas are to be found out by ASB for formulation of accounting standards.
Study group is constituted by ASB for preparing preliminary drafts. The draft normally includes definitions, objective, scope, recognition and measurement principles.
Consideration and revision of draft, if any,.
Circulation of draft to members of the council and various bodies such as:-
Members of ICAI.
MCA
SEBI
C&AG
CBDT etc. for comments.
Taking into consideration the comments of bodies and meeting with the representatives of the bodies.
Finalisation of exposure draft and issue for public comments.
After consideration of comments received on exposure draft, submit to the council of ICAI for consideration and approval.
The council of ICAI, if necessary, do modification in consultation with ASB.
Accounting policies are the specific accounting principles and methods of applying these principlesadopted by the enterprise in the preparation and presentation of financial statements.
Policies are based on accounting concepts, principles and conventions.
Examples:-
Valuation of inventory.
Valuation of investments.
Valuation of fixed assets.
Depreciation methods.
Selection of Accounting Policies:- is an important decision affects the performance and financial position of the enterprise.
There are 3 characteristics which should be taken into consideration for selection and application of accounting policies namely Prudence, Substance over form, and Materiality.
Difference between Hire Purchase and Installment System
Hire Purchase & Installment System:-
Under this system, assets or goods are taken on hire purchase, the purchaser (hire purchaser) gets possession of goods or assets immediately after paying down payment. However, the ownership remains with the Seller (hire vendor) until the buyer pays the full amount.
Installment System:- here, the possession as well as ownership is transferred to the buyer immediately.
Terminology used in Hire Purchase System:-
Cash Price-amount pay at the time of purchase by purchaser directly when purchase in cash.
Hire vendor-who sell the goods to the hire purchaser.
Hire Purchaser-who purchase the goods under hire purchase agreement from hire vendor.
Hire Purchase Installment:-amount pay at the regular interval up to period predefined in agreement.
Down Payment-initial payment made to hire vendor by hire purchaser.
Hire Purchase Price-total amount of asset payable by hire purchaser.
Basis
Hire Purchase
Installment system
Nature
It is an agreement for hire.
It is an agreement of sale.
Parties
Hire Purchaser and Hire Vendor.
Buyer and Seller.
Ownership
Ownership of the goods is transferred at the time of last installment.
ownership of the goods is transferred at the time of sale.
Right to return
The hire purchaser mayreturn the goods.
goods are not returnable.
Right of seller
If the buyer is in default, seller may takepossession of goods.
If the buyer is in default, seller can sue for price.
Risk of loss
The hire purchaser does not bear the risk of loss of goods.
Meaning:- in simple terminology, Debenture is an financial instrument issued by a company under its seal to take debt (loan).
To raise funds, company use debt financing, debenture may simple or naked carrying no charge on asset or mortgage. Mortgage debenture carry either a fixed or a floatingcharge on some or all of the assets of the company.
Section 2 (30) of the Companies Act, 2013 defines debentures as “Debenture” includes debenture stock, bonds or any other instrument of a company evidencing a debt, whether constituting a charge on the assets of the company or not.
Features of Debentures:-
It is a documentary evidence of loan.
It is a interest bearing security.
It may or may not a charge on the assets of a company as security.
Principal sum is payable at a predefined future date and interest at a predetermined fixed rate.
It is converted into shares or other debentures.
It is bought and sold through the stock exchange.
Types of Debentures:-
Debentures can be classified on the basis of :-
Security
Convertibility
Permanence
Negotiability
Priority
Security:-
Secured Debentures:-These debentures are secured by charge on assets of the company, floating and fixed. A fixed charge is a mortgage on specific assets. These assets cannot be sold without the consent of the debenture holders. A floating charge generally covers all the assets of the company including future one.
Unsecured Debentures:-Unsecured debentures also known as Naked debentures, these debentures are not secured by any charge upon any assets.
Convertibility:-
Convertible Debentures:- These debentures are fully or partly convertible into equity shares.
Non-Convertible Debentures:-These debentures are not convertible into equity shares.
Permanence:-
Redeemable Debentures:- These debentures are repayable as per the terms.
Irredeemable Debentures:-These debentures are not repayable.
Negotiability:-
Registered Debentures:- These debentures are payable to person whose name with address is recorded in the Register and not easily transferable.
Bearer Debentures:- These debentures are transferable by delivery.
Priority:-
First Mortgage Debentures:- These debentures are payable first out of the property charged.
Second Mortgage Debentures:- These debentures are payable after first mortgage debentures.
Receipts & Payment Account:-This account provides summary of receipts and payments (cash and bank transactions) irrespective of whether related to current, previous and future period or whether transactions are of capital or revenue nature. This account is prepared by non-profit organization during a particular financial period.
Note:-This account does not deal with non-cash transaction like depreciation and nature of this account is of Real A/c
Income & Expenditure Account:- It is a summary of income and expenditure for particular accounting period. It is like profit and loss account. All the revenue items of current period are shown in this account.
Note: This account is prepared on accrual basis and nature of this account is of Nominal account.
Receipts and Payments Account
Income and Expenditure Account
It is just like cash book.
It is like as profit and loss account.
It records both receipts and payment of capital and revenue nature.
it records income and expenditure of revenue nature.
The receipts and payments can be previous and future periods as well.
Income and expenditure items are related to current period only.
This account does not include non-cash item.
This accounts records non cash items.
Opening balance represents cash in hand/cash at bank/overdraft.
There is no opening balance in this account.
The receipts are recorded on debit side and payments are on credit side
Losses & expenses recorded on debit side and income and gains on credit side.
Closing balance represents cash in hand/cash at bank /overdraft at the end.
Balance at the end represents income over expenditure or vice-versa
Goodwill:- Goodwill is the value of reputation of a business firm in respect of profits that will earn in future over and above the normal profit.
Profits over and above the normal profit is termed as super profit. The excess profit may be due to locational advantage, better customer service, quality of goods sold to customers, reputation of the owner of the business and so on.
Goodwillis anintangible asset.
Example:- ABC wants to purchase business of XYZ and the net worth (assets-liabilities) is Rs.100000. ABC is ready to pay 110000 for it, the extra amount i.e. Rs. 10000 is known as goodwill. One of the reason to pay extra amount is capability of business to to earn more profit than normal profit.
Methods of Valuation of Goodwill:-
Average Profit Method:- According to this method, goodwill is valued at agreed number of years’ purchase of average profits.
Note-Average profits will be of last few year.
For averaging the past profit, either simple average or weighted average may be used.
Example- The profits of ABC partnership firm are Rs. 40000 , 30000, 42000, 38000 and 46000. Calculate the value of goodwill on the basis of 3 years’ purchase of the average profits of last 5 years.
Solution- Total profits of 5 years = Rs. (40000+30000+42000+38000+46000)=196000
Average profit will be sum of profits/No. of years
Average profit =Rs. 196000/5 = Rs. 39200
Three years’ purchase of the above mentioned average profit = Rs. 39200*3=Rs. 117600
Hence, value of goodwill = Rs. 117600 (Average profits * No. of years’ purchased).
The above example is based on simple average profits. If there exists an increasing on decreasing trend, then weightage average profits is to used. Weighted average based on specified weights like 1, 2, 3, 4 for respective year’s profit.
Super Profit Method:- According to this method, super profit (Actual profit(maintainable)-Normal profit)) is to taken into consideration for the valuation of goodwill (Super profit*No of years’ purchase).
Normal profit = Normal rate of return* Capital employed.
Example- ABC firm’s capital employed on 31st march 2022 is Rs. 500000 and profits for the last 5 years were 2017–Rs. 40,000: 2018-Rs. 50,000; 2019-Rs. 55,000; 2020- Rs.70,000 and 2021-Rs. 85,000. calculate goodwill based on 3 years purchase of the super profits of the business, given that the normal rate of return is 10%.
Solution- Normal Profits = Firm’s Capital Normal Rate of Return ×100 = Rs. 5,00,000*10/100× = Rs. 50,000
Capitalization of super profit:- In this method, the value of goodwill is calculated by capitalizing the super profit at the normal rate of return. It is calculated as:- Super profit x 100/Normal rate of return
Capitalization Method:-As per this method, the goodwill can be calculated in two ways:
(a) by capitalizing the average profits= Average Profits × 100/Normal Rate of Return
(b) by capitalizing the super profits =
Goodwill =capitalized value of average profits -Net Assets
Net Assets= Total Assets (excluding goodwill) – Outside Liabilities
Partnership | Features of Partnership | Clauses In a Partnership Deed
a sole proprietor may not able to deal with with the financial and managerial demands of the present day business world. If there will be two or more person (individuals) may easily pool their financial and nonfinancial resources to carry on a business.
Section 4 of the Partnership Act, 1932 says, “Partnership is the relation between persons who have agreed to share the profit of a business carried on by all or any of them acting for all.”
Features of a partnership :-
Existence of an agreement– the relation of partnership arises from contract between parties and not from status as it happens in case of HUF (Hindu Undivided Family) and formal or written agreement is not necessary to create a partnership.
Sharing of profit – Indian Partnership Act, 1932 does not insist upon sharing of losses, the persons must agree to share the profits of the business. Because partner has the right to share the profits of the business.
Business – A partnership can exist only in business. Section 2 (b) of Indian Partnership Act, 1932 states that business includes every trade, occupation and profession.
Mutual agency – means business is to be carried on by all or any of them acting for all. If the person carrying on the business acts not only for himself but for others then relationship of principals and agents will exist.
Minor as a partner – A minor can be partner in partnership firm, but can be admitted to share profit only.
Note :- Minimum partners can be 2 and the maximum number of partners in partnership are 50. Rule 10 of Companies (incorporation) Rules 2014 specifies the maximum limit.
Clauses In a Partnership Deed
Name of the firm and the partners.
Amount of capital to be contributed by each partner.
Commencement and duration of business
Drawings limit and the timings of drawings.
Rate of interest on capital
Rate of interest on loan given to the firm by partners.
Rate of interest on drawings.
Profit or losses sharing ration.
Salary to partners.
Any variations in the mutual rights and duties of partners.
Method of valuation of goodwill.
Procedure of retiring partners and the method of payment of his dues.
Basis of the determination of the executors of a deceased partner and the method of payment;
Treatment of losses arising out of the insolvency of a partner;
Procedure for settlement of disputes among partners;