ICDS I – Accounting Policies
Income Computation and Disclosure Standards
1. INTRODUCTION TO ICDS
1.1 What are Income Computation and Disclosure Standards (ICDS)?
Income Computation and Disclosure Standards (ICDS) were notified by the Central Board of Direct Taxes (CBDT) under Section 145(2) of the Income Tax Act, 1961. These standards were introduced to bring uniformity in the computation of taxable income and reduce disputes between taxpayers and tax authorities.
1.2 Legal Framework
- Notification Number: 87/2016 dated September 29, 2016
- Effective From: Assessment Year 2017-18 onwards
- Applicable Period: Financial Year 2016-17 and subsequent years
- Legal Authority: Section 145(2) of Income Tax Act, 1961
1.3 List of 10 ICDS
| ICDS No. | Title | Corresponding AS |
|---|---|---|
| ICDS I | Accounting Policies | AS-1 |
| ICDS II | Valuation of Inventories | AS-2 |
| ICDS III | Construction Contracts | AS-7 |
| ICDS IV | Revenue Recognition | AS-9 |
| ICDS V | Tangible Fixed Assets | AS-10 |
| ICDS VI | Effects of Changes in Foreign Exchange Rates | AS-11 |
| ICDS VII | Government Grants | AS-12 |
| ICDS VIII | Securities | AS-13 |
| ICDS IX | Borrowing Costs | AS-16 |
| ICDS X | Provisions, Contingent Liabilities and Contingent Assets | AS-29 |
2. OVERVIEW OF ICDS I – ACCOUNTING POLICIES
2.1 Definition
ICDS I deals with significant accounting policies that govern the computation of income chargeable to tax under the heads:
- Profits and Gains of Business or Profession
- Income from Other Sources
2.2 Purpose and Objective
Primary Objectives:
- To ensure consistency in the application of accounting policies
- To bring uniformity in income computation across assessees
- To reduce litigation between taxpayers and tax authorities
- To provide clarity on income recognition principles
- To align tax computation with business realities
2.3 Key Features
| Feature | Description |
|---|---|
| Purpose | For computation of income only, NOT for maintenance of books |
| Priority | Income Tax Act prevails over ICDS in case of conflict |
| Scope | Covers significant accounting policies and their disclosure |
| Prudence | Prudence concept NOT applicable unless specifically provided |
| Materiality | Materiality concept NOT specifically mentioned in ICDS I |
3. APPLICABILITY OF ICDS I
3.1 Who Must Follow ICDS?
ICDS applies to:
- All assessees following mercantile system of accounting
- Corporate entities (Companies, LLPs)
- Non-corporate entities (Partnership firms, Proprietorships subject to tax audit)
- Trusts and AOPs having business income
3.2 Exemptions
ICDS does NOT apply to:
- Individuals and HUFs not required to get accounts audited under Section 44AB
- Cash basis assessees (following cash system of accounting)
- Computation of Minimum Alternate Tax (MAT) under Section 115JB
3.3 Applicability Chart
| Type of Assessee | Accounting Method | Audit u/s 44AB | ICDS Applicable? |
|---|---|---|---|
| Company | Mercantile | Yes | YES |
| Partnership Firm | Mercantile | Yes | YES |
| Individual (Business) | Mercantile | Yes | YES |
| Individual (Small Business) | Mercantile | No | NO |
| HUF (Business) | Mercantile | No | NO |
| Any Assessee | Cash | N/A | NO |
4. KEY CONCEPTS IN ICDS I
4.1 What are Accounting Policies?
Accounting Policies are the specific accounting principles and methods of applying those principles adopted by an enterprise in the preparation and presentation of financial statements.
4.2 Significant Accounting Policies
Factors determining significance:
- Magnitude of impact on financial statements
- Influence on decisions of users of financial statements
- Industry-specific practices
- Nature of business operations
- Peculiar circumstances of the enterprise
4.3 Substance Over Form
Definition: The accounting treatment and presentation of transactions and events should be governed by their substance and economic reality, not merely by their legal form.
Example:
A company sells an asset but retains substantially all risks and rewards of ownership through a buyback agreement. Under substance over form, this should NOT be treated as a sale but as a financing transaction, regardless of the legal documentation.
4.4 Prudence - Key Difference
| Aspect | AS-1 (Accounting Standard) | ICDS I |
|---|---|---|
| Prudence Concept | ✓ Applicable - Recognize losses when probable | ✗ NOT applicable unless specifically provided in ICDS |
| Mark-to-Market Losses | Can be recognized based on prudence | NOT recognized unless other ICDS specifically provides |
| Expected Losses | Can be provided for | NOT recognized unless specific ICDS provision |
| Unrealized Gains | Generally not recognized | Same principle - mutatis mutandis applies to gains |
4.5 Change in Accounting Policy
An accounting policy shall not be changed without reasonable cause.
Reasonable Cause includes:
- Change in statutory requirements
- Change in accounting standards or ICDS
- Better presentation of financial information
- More appropriate reflection of business operations
- Change in nature of business
5. FUNDAMENTAL ACCOUNTING PRINCIPLES
5.1 Three Pillars of Accounting
5.1.1 GOING CONCERN
Definition: The enterprise is normally viewed as a going concern, that is, as continuing in operation for the foreseeable future.
Implications:
- Assets are recorded at cost, not at liquidation value
- Depreciation is charged over useful life of assets
- No intention or necessity of liquidation or curtailing operations
- Financial statements prepared on continuity assumption
Example:
ABC Ltd. purchased machinery for ₹10,00,000 with a useful life of 10 years. Under going concern assumption, depreciation is charged at ₹1,00,000 per year. If the company were not a going concern, the machinery would be valued at its realizable value (say ₹3,00,000), which could be much lower.
Disclosure Requirement: If the going concern assumption is not followed, the fact must be disclosed.
5.1.2 CONSISTENCY
Definition: Accounting policies should be consistent from one period to another to ensure comparability of financial statements.
Implications:
- Same accounting policies to be followed period after period
- Enables meaningful comparison over time
- Changes allowed only with reasonable cause
- Effect of change must be quantified and disclosed
Example:
XYZ Ltd. has been using Written Down Value (WDV) method for depreciation. In FY 2023-24, it cannot suddenly switch to Straight Line Method (SLM) without reasonable cause. If changed, the company must:
- Disclose the change in accounting policy
- State the reason for change
- Quantify the effect on current year's profit (e.g., profit increased by ₹2,50,000 due to change)
| Year | Method | Depreciation | Impact |
|---|---|---|---|
| 2022-23 | WDV @ 15% | ₹1,50,000 | - |
| 2023-24 (with change) | SLM | ₹1,00,000 | Profit ↑ by ₹50,000 |
5.1.3 ACCRUAL
Definition: Revenues and costs are recognized when they are earned or incurred (not when money is received or paid) and recorded in the financial statements of the periods to which they relate.
Key Points:
- Income is recognized when it accrues (right to receive arises)
- Expenses are recognized when they are incurred
- Recognition is independent of actual receipt/payment
- Matching principle - expenses matched with related revenues
Example - Revenue Recognition:
| Date | Event | Recognition |
|---|---|---|
| 01-Jan-2024 | Goods sold to customer, Invoice raised for ₹5,00,000 | Income recognized: ₹5,00,000 |
| 15-Jan-2024 | Customer makes payment | Cash received (no additional income) |
Example - Expense Recognition:
| Date | Event | Recognition |
|---|---|---|
| 20-Mar-2024 | Electricity consumed in March, Bill for ₹50,000 received on 05-Apr-2024 | Expense recognized in March: ₹50,000 |
| 10-Apr-2024 | Payment made | Cash paid (no additional expense) |
6. ICDS I VS AS-1 COMPARISON
6.1 Detailed Comparison Table
| Sr. No. | Particulars | AS-1 (Accounting Standard) | ICDS I |
|---|---|---|---|
| 1 | Purpose | For preparation and presentation of financial statements | For computation of taxable income only, NOT for book maintenance |
| 2 | Applicability | All enterprises preparing financial statements | Only for computing income under business/profession or other sources |
| 3 | Prudence | ✓ Specifically mentioned and applicable | ✗ NOT mentioned; not applicable unless ICDS specifically provides |
| 4 | Materiality | ✓ Specifically considered as an important factor | ✗ NOT specifically mentioned |
| 5 | Substance over Form | ✓ Applicable | ✓ Applicable (Common feature) |
| 6 | Going Concern | ✓ Fundamental assumption | ✓ Fundamental assumption (Common feature) |
| 7 | Consistency | ✓ Fundamental assumption | ✓ Fundamental assumption (Common feature) |
| 8 | Accrual | ✓ Fundamental assumption | ✓ Fundamental assumption (Common feature) |
| 9 | Mark-to-Market Losses | May be recognized based on prudence | Shall NOT be recognized unless specifically provided in ICDS |
| 10 | Expected Losses | Can be provided for under prudence | Shall NOT be recognized unless specifically provided in ICDS |
| 11 | Change in Policy | Change allowed with justification | Change NOT allowed without "reasonable cause" |
| 12 | Disclosure Requirements | Detailed disclosure requirements for financial reporting | Disclosure for tax computation purposes |
| 13 | Legal Standing | Recommendatory (mandatory for companies under Companies Act) | Mandatory for tax computation for specified assessees |
| 14 | Conflict Resolution | Companies Act provisions prevail for companies | Income Tax Act provisions prevail over ICDS |
6.2 Key Takeaways
Similarities:
- Both recognize Substance over Form
- Both follow Going Concern, Consistency, and Accrual principles
- Both require disclosure of significant accounting policies
Critical Differences:
- Prudence: The most significant difference - AS-1 follows prudence, ICDS I does not
- Purpose: AS-1 for financial reporting, ICDS I only for tax computation
- Materiality: Not emphasized in ICDS I
- Expected/MTM Losses: Treatment differs significantly
7. DISCLOSURE REQUIREMENTS
7.1 Mandatory Disclosures
Under ICDS I, the following disclosures are required:
1. Significant Accounting Policies
All significant accounting policies adopted for computing income must be disclosed, including:
- Revenue recognition policy
- Depreciation method and rates
- Inventory valuation method
- Foreign exchange transactions treatment
- Treatment of government grants
- Borrowing cost capitalization policy
2. Change in Accounting Policy
If any accounting policy is changed during the year:
- Nature of change must be disclosed
- Reason for change ("reasonable cause")
- Amount by which any item is affected by such change
- Impact on taxable income (to the extent ascertainable)
3. Deviation from Fundamental Assumptions
If any of the three fundamental assumptions (Going Concern, Consistency, Accrual) is NOT followed:
- The fact must be disclosed
- Reason for such deviation
- Financial impact of the deviation
7.2 Disclosure in Tax Audit Report
Form 3CD has been revised to include disclosures relating to ICDS:
| Clause in Form 3CD | Disclosure Requirement |
|---|---|
| Clause 13(e) | Adjustments on account of ICDS provisions |
| Clause 13(f) | Effect of various ICDS on profit/loss |
| Clause 30C | Detailed ICDS-wise impact on income |
| New Clauses | Specific disclosures for each ICDS (I to X) |
7.3 Sample Disclosure Format
Example Disclosure:
NOTE: SIGNIFICANT ACCOUNTING POLICIES FOR TAX COMPUTATION
1. Basis of Accounting
The company follows mercantile system of accounting. Income and expenses are recognized on accrual basis in accordance with Income Computation and Disclosure Standards (ICDS) notified under Section 145(2) of the Income Tax Act, 1961.
2. Revenue Recognition
Revenue from sale of goods is recognized when significant risks and rewards of ownership are transferred to the buyer, in accordance with ICDS IV.
3. Change in Accounting Policy
During the year, the company changed its method of inventory valuation from Weighted Average to FIFO method. This change was necessitated to comply with ICDS II provisions. The effect of this change has resulted in an increase in taxable income by ₹3,50,000.
8. PRACTICAL EXAMPLES
8.1 Example 1: Prudence vs ICDS I Treatment
Scenario: ABC Ltd. holds shares of XYZ Ltd. as stock-in-trade purchased at ₹100 per share. As on 31st March 2024, the market price is ₹80 per share.
| Particulars | Cost Price | Market Price |
|---|---|---|
| 100 shares of XYZ Ltd. | ₹10,000 | ₹8,000 |
| Unrealized Loss | ₹2,000 | |
Treatment under AS-1 (with Prudence):
- Value shares at lower of cost or market value = ₹8,000
- Recognize unrealized loss of ₹2,000 in P&L
- Closing stock = ₹8,000
Treatment under ICDS I (without Prudence):
- Mark-to-market loss NOT recognized (ICDS I para 4(ii))
- Value shares at cost = ₹10,000
- No loss recognized in income computation
- Loss recognized only when shares are actually sold
Tax Implication:
Taxable income is higher by ₹2,000 under ICDS I as compared to AS-1 treatment.
8.2 Example 2: Change in Accounting Policy
Scenario: DEF Ltd. has been using WDV method for depreciation. In FY 2023-24, it proposes to change to SLM method.
| Particulars | Amount (₹) |
|---|---|
| Original Cost of Asset | 10,00,000 |
| WDV as on 01-Apr-2023 | 7,00,000 |
| Remaining Life | 7 years |
Depreciation Calculation:
| Method | Calculation | Depreciation |
|---|---|---|
| WDV @ 15% | ₹7,00,000 × 15% | ₹1,05,000 |
| SLM (New) | ₹7,00,000 ÷ 7 years | ₹1,00,000 |
| Difference | ₹5,000 | |
ICDS I Requirements:
- Reasonable Cause: Company must demonstrate reasonable cause for change (e.g., change in legal requirements, better representation of usage pattern)
- Disclosure: Must disclose:
- Nature of change: Change from WDV to SLM
- Reason: Better reflection of asset usage
- Impact: Profit increased by ₹5,000
- Tax Impact: Taxable income increases by ₹5,000
Note: Without reasonable cause, the change may be rejected by tax authorities.
8.3 Example 3: Substance Over Form
Scenario: GHI Ltd. "sells" machinery to JKL Bank for ₹50,00,000 but retains right to buy back after 3 years at ₹55,00,000. GHI continues to use the machinery.
Legal Form: Sale transaction with separate buyback agreement
Economic Substance:
- GHI retains all risks and rewards of ownership
- GHI continues to use the asset
- Fixed buyback price suggests financing arrangement
- Difference of ₹5,00,000 represents interest
Treatment under ICDS I (Substance over Form):
| Aspect | Treatment |
|---|---|
| Transaction Type | Loan/Financing (not sale) |
| Asset | Remains in books of GHI Ltd. |
| ₹50,00,000 received | Treated as borrowing (Liability) |
| ₹5,00,000 difference | Finance cost spread over 3 years |
| Depreciation | Continues to be charged |
Annual Treatment:
| Year | Interest Expense | Depreciation |
|---|---|---|
| Year 1 | ₹1,66,667 | As per policy |
| Year 2 | ₹1,66,667 | As per policy |
| Year 3 | ₹1,66,666 | As per policy |
Key Point: This is a financing transaction, NOT a sale, based on substance over form principle of ICDS I.
8.4 Example 4: Accrual Basis
Scenario: MNO Ltd. (follows mercantile system) has the following transactions in March 2024:
| Date | Transaction | Amount (₹) | Payment/Receipt Date |
|---|---|---|---|
| 15-Mar-24 | Services rendered, Invoice raised | 2,00,000 | 10-Apr-24 (received) |
| 25-Mar-24 | Rent for March (Bill in April) | 50,000 | 05-Apr-24 (paid) |
| 31-Mar-24 | Interest accrued but not received | 15,000 | 30-Jun-24 (to be received) |
Recognition under ICDS I (Accrual Basis):
| Transaction | Recognition in FY 2023-24 | Reason |
|---|---|---|
| Service Income | ₹2,00,000 | Services rendered in March, invoice raised |
| Rent Expense | ₹50,000 | Relates to March, even though bill received in April |
| Interest Income | ₹15,000 | Accrued in March, right to receive arose |
Taxable Income for FY 2023-24:
| Particulars | Amount (₹) |
|---|---|
| Service Income | 2,00,000 |
| Interest Income | 15,000 |
| Total Income | 2,15,000 |
| Less: Rent Expense | (50,000) |
| Net Income | 1,65,000 |
Note: Cash receipt/payment dates are irrelevant for income recognition under accrual basis mandated by ICDS I.
9. IMPORTANT CASE LAWS
9.1 Landmark Judgment: Chamber of Tax Consultants Case
The Chamber of Tax Consultants & Anr. vs Union of India & Ors.
Court: Delhi High Court
Citation: W.P.(C) 5595/2017
Date: November 8, 2017
Bench: Justice S. Muralidhar and Justice Pratibha M. Singh
Facts of the Case:
- Chamber of Tax Consultants filed writ petition challenging constitutional validity of ICDS
- Challenged Notification No. 87/2016 and 88/2016 dated September 29, 2016
- Also challenged Circular No. 10/2017 dated March 23, 2017
- Main contention: ICDS provisions override binding judicial precedents
Arguments by Petitioners:
- ICDS violates Articles 14, 19(1)(g), 141, 144, and 265 of Constitution
- Amounts to excessive delegation of legislative powers
- ICDS overrides Supreme Court and High Court judgments
- Creates discrimination between cash and mercantile system taxpayers
- Lacks legal certainty and creates compliance burden
Key Issues Before Court:
- Whether Section 145(2) amounts to excessive delegation?
- Whether ICDS can override binding judicial precedents?
- Whether ICDS provisions violate constitutional provisions?
- Validity of specific provisions of various ICDS
9.2 Court's Ruling on ICDS I
Judgment on ICDS I - Accounting Policies
HELD: ICDS I provisions removing "prudence" concept are ULTRA VIRES and STRUCK DOWN
Court's Reasoning:
- Concept of prudence is integral to mercantile system of accounting
- Removal of prudence contrary to settled judicial precedents
- Prudence principle recognized by Supreme Court in multiple cases
- ICDS cannot override fundamental accounting principles established by courts
Specific Finding:
"ICDS I which does away with the concept of 'prudence' is contrary to the Act and binding judicial precedents and is therefore unsustainable in law."
Important Observations:
| Observation | Impact |
|---|---|
| Section 145(2) to be read down | Cannot override binding judicial precedents |
| ICDS not meant to overrule Act/Rules | Act provisions prevail over ICDS |
| Prudence removal unconstitutional | ICDS I prudence provisions struck down |
| Executive cannot validate contrary to law | Validation is legislative power only |
9.3 Other Relevant Case Laws
1. CIT vs. Triveni Engineering & Industries Ltd.
Citation: (2011) 49 DTR 253 (Del)
Court: Delhi High Court
Principle: Prudence principle recognized - provision for known liabilities is allowable
Relevance: Supports the view that prudence is fundamental to mercantile accounting
2. CIT vs. Advance Construction Co.
Principle: Prudence in accounting for anticipated losses
Relevance: Established that prudence cannot be ignored in tax computation
3. Rotork Controls Pvt. Ltd. vs. CIT
Citation: (2009) 314 ITR 62
Court: Supreme Court
Principle: Provision for present obligations in respect of past events is allowed
Relevance: Supports accrual principle and recognition of liabilities
4. Commissioner of Income Tax vs. Poddar Cement P. Limited
Citation: (1997) 226 ITR 625 (SC)
Court: Supreme Court
Principle: Doctrine of "updating construction" - law must acknowledge emerging trends
Relevance: Need for accounting standards to evolve with business practices
5. Shri Prithvi Cotton Mills Limited vs. Broach Borough Municipality
Citation: (1969) 2 SCC 283
Court: Supreme Court
Principle: Executive cannot override binding judicial decisions
Relevance: Fundamental to Chamber of Tax Consultants judgment
9.4 Post-Judgment Scenario
Current Status (as of 2025):
- Parts of ICDS I relating to prudence have been struck down
- Taxpayers can rely on prudence principle as per judicial precedents
- Where ICDS conflicts with binding judgments, judgments prevail
- Income Tax Act provisions always prevail over ICDS
- Assessees should maintain documentation supporting their position
10. QUESTIONS & SOLUTIONS
11. IMPLEMENTATION FLOWCHART
ICDS I Applicability and Compliance Flowchart
Assessee has Business/Professional Income
Is the assessee Individual or HUF?
Tax Audit required u/s 44AB?
Follow regular accounting
Continue to Decision 3
Following Mercantile System?
Follow cash accounting
Must follow ICDS for tax computation
• Revenue recognition
• Depreciation method
• Inventory valuation
• Foreign exchange
• Others
✓ Going Concern
✓ Consistency
✓ Accrual Basis
• Substance over form
• No prudence (unless court precedent)
• No MTM losses (unless specific ICDS)
• Reasonable cause for policy changes
Any change in accounting policy?
• Nature of change
• Reasonable cause
• Quantified impact
• Disclosure
Book Profit (AS/Ind AS)
+ ICDS Adjustments
= Taxable Income
• Clause 13(e) - ICDS adjustments
• Clause 13(f) - Effect on profit/loss
• Clause 30C - ICDS-wise impact
• Significant accounting policies
Conflict with judicial precedent?
(Per Chamber of Tax Consultants case)
Document position clearly
With ICDS-compliant computation
Key Decision Points Summary
| Decision Point | Question | Action |
|---|---|---|
| Decision 1 | Individual/HUF? | If yes, check tax audit requirement |
| Decision 2 | Tax audit required? | If no (for Individual/HUF), ICDS not applicable |
| Decision 3 | Mercantile system? | If no (cash system), ICDS not applicable |
| Decision 4 | Policy changed? | If yes, document reasonable cause and impact |
| Decision 5 | Conflict with precedent? | If yes, judicial precedent prevails |
📌 EDUCATIONAL DISCLAIMER: This resource is for educational purposes only and does not constitute legal advice. For specific tax matters, consult a qualified Chartered Accountant or tax professional. Tax laws and interpretations may change. Always verify with current provisions and professional guidance.
