CSR Compliance in India: Rules & Accounting
CSR Compliance in India: Rules & Accounting
Manage Section 135 CSR eligibility, handle ongoing vs other project transfers, configure escrow bank ledgers, and book journal entries in Tally.
Who is this for: Corporate Compliance
Corporate Social Responsibility (CSR) in India changed from a voluntary practice to a statutory obligation under Section 135 of the Companies Act, 2013.
Companies meeting the financial thresholds must establish a board-approved CSR committee, draft a policy, and spend 2% of their average net profits on approved projects.
1. CSR Project Categories and Deadlines
Unspent CSR funds are treated differently depending on the project type:
| Project Type | Legal Definition | Unspent Fund Action | Statutory Transfer Timeline |
|---|---|---|---|
| Ongoing Projects | Multi-year projects (up to 3 years) with approved budgets | Transfer to a special Unspent CSR Escrow Account | Within 30 days of the financial year-end |
| Other Projects | Single-year projects completed within the financial year | Transfer to a Schedule VII fund (e.g. PM National Relief Fund) | Within 6 months of the financial year-end |
2. Management Disputes and Administrative Expense Caps
Under Section 135 rules, administrative overheads incurred for CSR activities must not exceed **5%** of the total CSR expenditure of the company for the financial year.
Disagreements between management and auditors can occur when general office utility or salary expenses are allocated to CSR to meet the 2% spend target. Auditors verify that only direct, incremental overheads are capitalized or claimed under the 5% cap, and require reclassifications for non-compliant allocations.
3. CARO 2020 Clause (xx) Audit Reporting Rules
Under **Clause (xx) of CARO 2020**, statutory auditors must report on unspent CSR funds. The auditor checks that:
- For non-ongoing projects, unspent amounts have been transferred to a Schedule VII fund within six months of year-end.
- For ongoing projects, unspent balances have been transferred to a special Unspent CSR Escrow Account within 30 days of year-end.
Non-compliance with these rules triggers statutory penalties u/s Section 135(7) for the company and defaulting officers.
4. Case Study: Transferring Unspent CSR Funds
Let's analyze the CSR accounting for a manufacturing company:
- Three-Year Average Net Profit: ₹10,00,00,000
- Mandatory CSR Obligation (2%): ₹20,00,000
- Actual Spending: The board spends ₹15,00,000 on school development during the year. The remaining ₹5,00,000 budget for the ongoing project remains unspent at year-end.
- Reconciliation: The company must transfer the ₹5,00,000 unspent balance to a dedicated *Unspent CSR Escrow Account* within 30 days of March 31. The company has three years to spend this balance on the project.
Entry 1: Record Yearly CSR Liability (F7 Journal) Debit: CSR Expense Account (P&L) ₹20,00,000 Credit: Provision for Unspent CSR (Liability) ₹5,00,000 Credit: Main Bank Account (Actual Spent) ₹15,00,000 Entry 2: Transfer Unspent Funds to Escrow Bank (F4 Contra) Debit: Unspent CSR Escrow Bank Account ₹5,00,000 Credit: Main Bank Account ₹5,00,000
5. Forensic Audit Checks on CSR Implementing Agencies
Statutory rules require companies to execute CSR projects through registered implementing agencies holding active **Form CSR-1** registrations on the MCA portal.
Forensic auditors check that payments are not routed to shell NGOs or related parties, verifying that NGO registrations match the MCA database and actual project execution logs.
6. Tax Deductibility and Auditor Review
Under Section 37(1) of the Income Tax Act, CSR expenditures are not considered business expenses. Auditors verify that the ₹20,00,000 CSR expense debited to the profit and loss account is added back when calculating taxable income in the company's tax returns.
7. Setting Up CSR Ledgers in Tally Prime
To manage CSR allocations natively in Tally:
Tally CSR Ledger Setup:
Go to **Gateway of Tally > Create > Ledger**. Create **Unspent CSR Escrow Account** under **Bank Accounts**.
When paying vendors, select the escrow bank ledger, ensuring all disbursements are tracked for audit purposes.
Tax Lawyer & GST Compliance Expert