January 23, 2024

Section 21A – The Cost and Works Accountants Act, 1959

Board of Discipline (1) The Council shall constitute a Board of Discipline consisting of— (a) a person with experience in law and having knowledge of disciplinary matters and the profession, to be its Presiding Officer; (b) two members one of whom shall be a member of the Council elected by the Council and the other member shall be the person designated under clause (c) of sub-section (1) of section 16; (c) the Director (Discipline) shall function as the Secretary of the Board. (2) The Board of Discipline shall follow summary disposal procedure in dealing with all the cases before it. (3) Where the Board of Discipline is of the opinion that a member is guilty of a professional or other misconduct mentioned in the First Schedule, it shall afford to the member an opportunity of being heard before making any order against him and may thereafter take any one or more of the following actions, namely:— (a) reprimand the member; (b) remove the name of the member from the Register up to a period of three months; (c) impose such fine as it may think fit which may extend to rupees one lakh. (4) The Director (Discipline) shall submit before the Board of Discipline all information and complaints where he is of the opinion that there is no prima facie case and the Board of Discipline may, if it agrees with the opinion of the Director (Discipline), close the matter or in case of disagreement, may advise the Director (Discipline) to further investigate the matter.   Amendment 1Sections 21A to 21D inserted by the Cost and Works Accountants (Amendment) Act, 2006, w.e.f. 17-11-2006. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida  Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA

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Section 21 – The Cost and Works Accountants Act, 1959

Disciplinary Directorate (1) The Council shall, by notification, establish a Disciplinary Directorate headed by an officer of the Institute designated as Director (Discipline) and such other employees for making investigations in respect of any information or complaint received by it. (2) On receipt of any information or complaint along with the prescribed fee, the Director (Discipline) shall arrive at a prima facie opinion on the occurrence of the alleged misconduct. (3) Where the Director (Discipline) is of the opinion that a member is guilty of any professional or other misconduct mentioned in the First Schedule, he shall place the matter before the Board of Discipline and where the Director (Discipline) is of the opinion that a member is guilty of any professional or other misconduct mentioned in the Second Schedule or in both the Schedules, he shall place the matter before the Disciplinary Committee. (4) In order to make investigations under the provisions of this Act, the Disciplinary Directorate shall follow such procedure as may be specified. (5) Where a complainant withdraws the complaint, the Director (Discipline) shall place such withdrawal before the Board of Discipline or as the case may be, the Disciplinary Committee, and the said Board or Committee may, if it is of the view that the circumstances so warrant, permit the withdrawal at any stage.]   Amendment 1Substituted, by the Cost and Works Accountants (Amendment) Act, 2006, w.e.f. 17-11-2006. Prior to its substitution, section 21 read as under : ‘21. Procedure in inquiries relating to misconduct of members of Institute.—(1) Where on receipt of information by, or a complaint made to, it, the Council is prima facie of opinion that any member of the Institute has been guilty of any professional or other misconduct, the Council shall refer the case to the Disciplinary Committee constituted under section 17, and the Disciplinary Committee shall thereupon hold such inquiry and in such manner as may be prescribed and shall report the result of its inquiry to the Council. (2) If on receipt of such report the Council finds that the member of the Institute is not guilty of any professional or other misconduct, it shall record its finding accordingly and direct that the proceedings shall be filed, or the complaint shall be dismissed, as the case may be. (3) If on receipt of such report the Council finds that the member of the Institute is guilty of any professional or other misconduct, it shall record a finding accordingly, and shall proceed in the manner laid down in the succeeding subsections. (4) Where the finding is that a member of the Institute has been guilty of a professional misconduct specified in the First Schedule, the Council shall afford to the member an opportunity of being heard before orders are passed against him on the case, and may thereafter make any of the following orders, namely :— (a) reprimand the member; (b) remove the name of the member from the Register for such period, not exceeding five years, as the Council thinks fit : Provided that where the Council is of opinion that the case is one in which the name of the member ought to be removed from the Register for a period exceeding five years or permanently, it shall not make any order referred to in clause (a) or clause (b), but shall forward the case to the High Court with its recommendations thereon. (5) Where the misconduct in respect of which the Council has found any member of the Institute guilty is a misconduct other than any such misconduct as is referred to in sub-section (4), it shall forward the case to the High Court with its recommendations thereon. (6) On receipt of any case under sub-section (4) or sub-section (5), the High Court shall fix a date for the hearing of the case and shall cause notice of the date so fixed to be given to the member of the Institute concerned, the Council and to the Central Government, and shall afford such member, the Council and the Central Government an opportunity of being heard and may thereafter make any of the following orders, namely :— (a) direct that the proceedings be filed, or dismiss the complaint, as the case may be; (b) reprimand the member; (c) remove him from membership of the Institute either permanently or for such period as the High Court thinks fit; (d) refer the case to the Council for further inquiry and report. (7) Where it appears to the Court that the transfer of any case pending before it to another High Court, will promote the ends of justice or tend to the general convenience of the parties, it may so transfer the case, subject to such conditions, if any, as it thinks fit to impose, and the High Court to which such case is transferred shall deal with it as if the case had been forwarded to it by the Council. Explanation I : In this section “High Court” means the highest civil court of appeal, not including the Supreme Court, exercising jurisdiction in the area in which the person whose conduct is being inquired into carries on business, or has his principal place of business at the commencement of the inquiry : Provided that where the cases relating to two or more members of the Institute have to be forwarded by the Council to different High Courts, the Central Government shall, having regard to the ends of justice and the general convenience of the parties, determine which of the High Courts to the exclusion of others shall hear the cases against all the members. Explanation II : For the purposes of this section “member of the Institute” includes a person who was a member of the Institute on the date of the alleged misconduct although he has ceased to be a member of the Institute at the time of the inquiry. (8) For the purposes of any inquiry under this section the Council and the Disciplinary Committee shall have the same powers as are vested in a civil court under the Code of Civil Procedure,

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Fundamental Rights of Indian Citizens

Fundamental Right is a charter of rights contained in the Constitution of India. Fundamental Rights assured all Indians to ensure that we live in peace and harmony as citizens of India. In this article, we look at the Fundamental Rights of Indian citizens as per the Indian Constitution. The Constitution of India is the supreme law of the land, which lays down the basic framework and principles for the governance of the country. It was adopted by the Constituent Assembly of India on 26th November 1949 and came into effect on 26th January 1950. The Indian Constitution is unique in the sense that it not only guarantees a set of fundamental rights to its citizens but also imposes certain duties and responsibilities upon them. This blog aims to explain the fundamental rights and duties enshrined in the Indian Constitution. The concept of fundamental rights and duties in the Indian Constitution has evolved significantly since its inception. These elements form the bedrock of Indian democracy, ensuring a balance between individual freedoms and societal responsibilities. Understanding the historical evolution of these rights and duties is crucial to appreciate their current interpretation and application in India’s diverse and dynamic society. Right to Equality The Right to equality ensures that every citizen is the same under the law. Hence, any person irrespective of age, gender, caste, creed, religion, language, and social status are considered equal. The Right to equality ensures that all persons are treated equally.  The Right to equality discriminates on the grounds of religion, race, caste, gender or place of birth, and equality  – illegal in India. The following Articles in the Constitution ensure the Right to equality for all Indians: Article 14: Equality before the law Article 15: Prohibition of discrimination on grounds only of sex, religion, race, caste, or place of birth. Article 16: Equality of opportunity in matters of public employment Article 17: Abolition of untouchability Article 18: Abolition of titles, Military, and academic distinctions are exempted Right to Freedom Indian Citizens enjoy six freedoms as per the Constitution. The Right to freedom ensures that Indian citizens can carry out their daily lives peacefully without undue restriction, harassment, or oversight by the Government. Six fundamental freedom provided under Article 19 of the Constitution are: Freedom of speech and expression Freedom to assemble peacefully without arms Freedom to form associations or unions or co-operative societies Freedom to move freely throughout the territory of India Freedom to reside and settle in any part of the territory of India Freedom to practise any profession or to carry on any occupation, trade or business In addition to Article 19 above, the following Articles of the Constitution ensure the Right to freedom for all Indian Citizens: Article 20: Protection in respect of conviction for offences Article 21: Protection of life and personal liberty Article 22: Protection against arrest and detention in certain cases Right against Exploitation All Indian Citizens enjoy a right against being exploited or misused. The Right against exploitation provided under the Constitution protects children, the vulnerable and the poor from bonded labour, child labour, and human trafficking. The following Articles in the Constitution ensure Right against exploitation for all Indians: Article 23: Prohibition of traffic in human beings and forced labour Article 24: Prohibition of employment of children (Employment for the Indian below the age of 14 years is not possible.) Right to Freedom of Religion India is a secular country with people of different faiths living in harmony. Indian citizens can practice a religion of choice and perform rituals or activities as per their religious customs. According to the Constitution, all religions are equal before the State, and no religion has a preference over the other. Further, Indian Citizens are free to preach, practise, and propagate any religion of their choice. The following Articles in the Constitution ensure the Right to freedom of religion: Article 25: Freedom of conscience and free profession, practice and propagation of religion Article 26: Freedom to manage religious affairs Article 27: Freedom to pay tax for promotion of any particular religion – No person is compelled to pay any taxes for the promotion or maintenance of any particular religion or religious denomination Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions Cultural and Educational Rights The Cultural and Education Rights in the Constitution protect the rights and customs of the minorities.  Further, the Constitution provides for any community that has a language, and a script of its own has the Right to conserve and develop it. The following Articles in the Constitution protect cultural and education rights: Article 29: Protection of interests of minorities Article 30: Right of minorities to establish and administer educational institutions Right to Constitutional Remedies Right to Constitution Remedies empowers Indian citizens to approach a court of law, in case of any denial of the fundamental rights. This Right gives also empowers Courts to preserve or safeguard the citizens’ fundamental rights as laid out in the Constitution. Article: 32: Remedies for enforcement of rights Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income

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Need of Cost Management Accounting

Finance and Accounting have grown in importance in today’s competitive business environment, where corporate organisations must provide an accurate and fair picture of their financial status. As a result, the use of accounting in the business sector has become an essential aspect. The Company Secretary must offer comprehensive and accurate information about the company’s financial activities to management for decision making. This emphasises the need of keeping accurate, up-to-date, and conforming books of account. Cost and management accounting is a branch of accounting which helps in reducing cost, improving profit and helps in increasing the efficiency of the organisation and provides this information to the management which will help them in improving decision-making. Mainly cost accounting is concerned with managing the cost of production of goods and services where a cost accountant tries to analyse the cost of production and report the deviation so that necessary steps can be taken as per requirement. Cost accounting and management accounting is a very crucial process for the proper utilisation of resources. Cost accounting and management accounting are the branches of accounting that have been developed due to the limitations of financial accounting. Management accounting is concerned with helping managers to take important decisions in the company. So by combining these two terms Cost and management accounting provides information about the financial and operational performance of the organisation which will help in taking valuable decisions for the organisation. Concept of Cost The amount of resources given up in return for particular products or services is referred to as the cost. Money or money’s equivalent represented in monetary terms are the resources given up. The Chartered Institute of Management Accountants, London defines cost as “the amount of spending (real or notional) expended on, or related to a given object or activity”. This activity of a company may be the production of a product or the provision of a service, both of which entail spending under numerous headings, such as materials, labour, miscellaneous expenditures, and so on. A manufacturing organisation is interested in determining the cost per unit of the product created, whereas a service organisation, such as a transportation undertaking, canteen, electrical company, municipality, and so on, is interested in determining the expenses of the service it provides. In its most basic form, the cost per unit is calculated by dividing the total expenditure by the total number of units produced or services delivered. However, this strategy is only effective if the manufacturer only manufactures one product. If the company produces more than one product, the total spending must be divided across the numerous items so that the cost of each product may be determined independently. Even if just one product is produced, it may be important to examine the cost per unit of each expenditure item that contributes to the total cost. When a large number of products are created, the situation gets more difficult, and it is important to break down the cost per unit of each product into several components of expenditure that make up the entire cost. Concept of Cost Management A specialised discipline of accounting known as cost accounting deals with the classification, accumulation, assignment, and control of expenses. Cost accounting is described as follows by the C.I.M.A. London’s Costing terminology: “The creation of budgets, standard costs, and real costs of activities, processes, products, and the study of variations, profitability, or the social use of money.” Cost accounting differs from costing in that the latter merely offers the foundation and data needed to calculate costs. Once the data is made available, costing may be done mathematically using memo statements or by using the integral accounting approach. Objective of Cost Accounting Cost accounting is the systematic recording and analysis of costs in order to determine the cost of each product made or service supplied by an organisation. Information on the cost of each product or service would allow management to determine where to cut expenses, how to set pricing, how to maximise revenues, and so on. Thus, the primary goals of cost accounting are as follows: Analyze and categorise all expenses in relation to the cost of products and operations. To determine the cost of production for each unit, task, operation, process, department, or service and to create a cost standard. Any inefficiencies and the level of different types of waste, whether of materials, time, money, or in the usage of machinery, equipment, and tools, must be reported to management. Analysis of the causes of disappointing outcomes may point to corrective actions. To supply data for periodic profit and loss statements and balance sheets at such intervals, e.g., weekly, monthly, or quarterly, as the management may require during the fiscal year, not only for the entire organisation but also for departments or particular items. Also, in the profit and loss statement, must explain in detail the actual causes for profit or loss disclosed in total. To identify the sources of manufacturing cost savings in terms of processes, equipment types, design, output, and layout. Daily, weekly, monthly, or quarterly updates may be required to guarantee timely and positive action. To offer real cost numbers for comparison with estimates, and to serve as a reference for future estimates or quotations, as well as to aid management in their price-fixing policies. To show how standard costs are produced, what the cost of production should be, and how the actual costs that are finally recorded may be contrasted. To show comparative cost statistics for various time periods and output volumes. To provide information to enable management to make different short-term decisions, such as price quotations to special clients or during a slump, make or buy decisions, allocating priorities to various items, and so on. Importance of Cost Accounting Costing as a Management Tool: Management benefits greatly from cost accounting. It delivers thorough costing information to management in order for them to keep effective control over stores and inventory, boost organisational efficiency, and reduce waste and losses. It makes it easier to delegate responsibility for essential tasks and rate

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Royalty

Royalty payments allow business owners to make money from their ideas or to use well-known brands to sell products. So, what is royalty in business, and why is it important for employers to know? Business owners should understand how royalties work before entering into a royalty agreement as a licensee or licensor. Introduction Royalty refers to a contractual payment by a person for the use of assets belonging to another person. The payment includes royalty for the use of intangible assets, such as copyrights, trademarks, or franchise model agreements. Royalty is also paid for the use of natural resources, such as mining leases. Royalty agreements generally give limited right to use assets or resources. There are two parties to a royalty agreement—the party granting the right to use an asset or resource is the licensor and the party who accepts the right to use and pays for the right is the licensee. Royalty agreements are often meant for commercial exploitation of assets or resources. The person paying royalty generally pays it as a percentage of the turnover or gross receipt. Royalty agreements are legal in nature and can involve elaborate negotiations on the terms and conditions of the grant of right to use. The commonly known royalty agreements are music rights or publishing rights of books in return for a percentage of the sales. Royalty is a passive income stream, providing benefit to people who create intangible assets or work of art. Musicians owning music rights, cinema rights, and authors often grant the right to use their copyrighted material and earn income. Royalty agreement includes licence agreements to use assets or properties in return for a payment. In the case of non-renewable energy sources, royalties are generally paid to the government of the State. An example of royalty paid to the State is mining royalty. Also, in the case of extraction of oil and natural gas, royalties are paid to the State. In respect of television channels, royalties are paid by television channels to satellite companies. What are royalties in business? As a business owner, you need to know what is royalties’ definition and how the meaning of royalties applies to your company. Royalties are fees that one party pays to another in exchange for the use of their intellectual property, land or rights. A person or company can license their ideas, giving other people or companies permission to use their logos, trademarks or products themselves. Royalties are usually a small percentage of business revenue that can be paid out for a certain time period or in perpetuity. They can be negotiated case-by-case to adhere to the needs or wishes of both business parties involved. Why are royalties important to business owners? Royalties in business can be mutually beneficial for both the party who owns the intellectual property and the party who wants to use it. Your business can profit from the use of an idea, product or brand name while enjoying the legal protections of a licensing agreement. You can also earn royalties for your business by licensing your own intellectual property. Royalty financing occurs when a business owner agrees to pay an investor a royalty in exchange for upfront funding. It’s a common way of raising capital to expand a business in exchange for a percentage of profits. Business owners who own and operate a franchise location pay a royalty to the franchise owner in exchange for the use of their business model, branding and products. How do royalties work? Business owners agree on the percentage or flat-rate royalty amount in a licensing agreement that they sign with the owner of the intellectual property or assets. Each licensing agreement or royalty contract should have a description of the intellectual property being licensed and details on how the payment amount will be calculated.  Determining royalty costs- Every licensing agreement has different terms, including a minimum royalty payment, maximum royalty payment or timeframe for payments. Some royalty payments are based on a variable percentage, meaning that the royalty percentage is small when sales are low and increases when sales are high. Royalties can be paid out based on the number of units sold or as a percentage of net revenue or gross sales. How much do franchisees pay in royalties? Royalty costs for franchisees can be anywhere from 4% to 12% of revenue depending on the type of business. These fees are usually collected by the franchisor monthly and are based on a percentage of your total revenue. High-volume franchises, like food franchises, usually have the lowest fees. These monthly royalty payments are where franchisors make their money because over time, they exceed the upfront franchise fees. FAQs How are royalties calculated? Royalties are usually calculated based on a set percentage of revenue. Multiply the total revenue from the intellectual property by the agreed-upon decimal percentage to find the correct amount. What are royalties in business? The business royalties definition can either refer to a payment that you make to another company for use of their protected ideas in your business, or a secondary income stream that your business generates from licensing out its own intellectual property. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s

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Ebitda

Earnings before interest, tax, depreciation and amortisation (EBITDA) is a financial metric that helps calculate a company’s financial performance and cash flow. EBITDA is a precise calculation of financial performance because it shows earnings before financial and accounting deductions. What Is Earnings Before Interest, Taxes, Depreciation, and Amortization (EBITDA)? EBIDTA is the acronym for Earnings Before interest taxes depreciation and amortization. It is instrumental in determining a company’s overall financial performance. It is a measure of a widely used metric that companies use to measure performance with respect to industry average and competitors. It is a good way to measure the core profit runs but it can be misleading at times as it excludes the cost of capital investments like land. It is sometimes used as an alternative to net income and is a more precise measure of analysing performance because it shows earnings before deductions are made (accounting and financial). It’s not mandatory for companies to disclose their EBITDA legally. It can be worked out using the information provided in the company’s financial statements (as the earnings, interest and taxes are available in the company’s income statement whereas depreciation and amortization are found in the notes to operating profit or in the cash flow statement). Understanding EBIDTA EBIDTA is an earning metric that does not include the different ways in which a company may use debt equity cash or other capital resources to fund its operations. It does not include depreciation and taxes (as the former may not reflect a company’s ability to generate capital whereas the latter can vary from time to time and is affected by multiple conditions which are not directly related to a company’s operating results). While it is not considered part of the generally accepted accounting principles by the SEC but SEC requires that companies that register securities reconcile EBITDA to net income. It is a handy tool for normalising a company’s performance results which makes evaluation easy and quick. It is a useful formula for companies to check their long-term growth potential and showcase it to the investors so they can easily compare it with existing businesses but if misused it can be used to show that a company’s earnings are greater than they are. Negative EBITDA generally represents poor cash flow but a positive one doesn’t always mean that the business has high profitability so you need to check and make note of the factors that have been excluded or included while calculating EBITDA. Components of EBITDA Earning Earning simply refers to the money a company has earned over a certain period. It can be calculated by simply subtracting the operating expenses from the total revenue of the company. Interest This component refers to all the expenses related to borrowing and financing through debt (companies finance their projects by issuing stocks or borrowing money both of which involve interests). Taxes Ebitda does not include taxes while calculating the company’s earnings. Amortization It is the expense related to the eventual expiration of intangible assets like patents. Depreciation Depreciation represents the decrease in the monetary value of tangible assets as time passes. It includes assets like cars, machines etc. The formula for calculating EBITDA There are two ways in which you can calculate EBITDA for understanding the company’s potential growth. Using operating income EBITDA = Operating Income + Depreciation + Amortization EBITDA is calculated by adding operating income depreciation and amortization. Operating income is the profit made by the company (obtained after deducting operating expenses, i.e. the cost of running the daily business) It helps the investors segregate the earnings from the company’s operating performance by excluding interests and taxes. Using net income The formula for calculating EBIDTA using net income is: EBITDA = Net Income + Taxes + Interest Expense + Depreciation + Amortization This formula is used in net income and adds it back to the taxes, interest expenses, depreciation and amortization to find the operating income. Importance of a good EBIDTA A good EBIDTA helps companies get funds and analyse its potential growth in the near future. It generally means that the company is doing well in a particular sector when compared to its competitors or peers. It is not rewarded or punished for the same. Limitations of EBIDTA While EBITDA is an important metric there are certain limitations and drawbacks to it. First and foremost, it does not fall under generally accepted accounting principles (GAAP) as a measure of financial performance. This is because its calculation can vary from company to company depending on the factors used. Some companies use this loophole to highlight EBITDA over net income as it is more flexible and try to cover up the problems in their financial statements. This is a very important red flag for investors as EBITDA can not be solely relied on when they want to analyse the company’s performance as it can be misleading at times. They might want to look out for companies that suddenly start highlighting EBITDA when they were doing so in the past. It can indicate heavy borrowings or issues in raising capital due to high development costs. Here are some other drawbacks of EBITDA: Exclusion of monetary value of assets There is a common misconception that EBITDA represents cash earnings but it ignores the cause of assets which is a crucial factor for determining cash earnings. It goes on to include only the profit as a function of sales and operation as if the assets and finance provided to the company do not hold any value. Exclusion of working capital Yet another factor that seems to be missing from it is the working capital and the replacement of old equipment. It includes the profit made by selling a product but does not include the inventory required to fill its sales channels. In the case of a software company, EBITDA does not include the cost involved in developing the software versions, its maintenance or the upcoming products. Dynamic starting points While the formula may seem to be simple enough (as it only involves excluding the interest payments, tax charges, depreciation and amortization from the total earnings) but there can be different earning figures which can be used as the starting point for EBITDA. This means that one can use any earning as an initial point which makes EBITDA susceptible to the

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