Tax Audit

Introduction

An audit is a formal review or impartial examination of a company’s or firm’s financial records and statements, often resulting in an official report prepared by an independent body. Audits can take several forms under different laws, such as company audits, statutory audits, cost audits, stock audits, and so on. A tax audit, specifically, is an inspection of a taxpayer’s accounts conducted to ensure accurate computation of taxable income, making it easier to file Income Tax Returns (ITRs).

Objectives of Tax Audit

The main purposes of a tax audit include:

  1. Ensuring that the taxpayer maintains complete and accurate financial records, with verification by the auditor.

  2. Reporting significant findings such as discrepancies, non-compliance with income tax laws, or tax shortfall.

  3. Highlighting observations or irregularities detected during the auditor’s review of accounts.

  4. Helping tax authorities verify the accuracy of income tax returns submitted by businesses or professionals.

  5. Facilitating proper estimation of total income and validation of claims for deductions.

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    Mandatory Tax Audit – Who is Required

    CategoryThreshold Limit / Condition
    Business (Non-Presumptive)Turnover, gross receipts, or sales exceeding ₹1 crore in the financial year
    Business under Presumptive Tax (Sec 44AE, 44BB, 44BBB)Declares profits lower than the limit prescribed under the presumptive scheme
    Business under Presumptive Tax (Sec 44AD)Declares taxable income below the presumptive limit but exceeds basic threshold limit (TLV)
    Business opted out of Presumptive Tax during lock-in periodIncome exceeds the maximum exemption limit in the next 5 consecutive years after leaving the presumptive scheme
    Business under Sec 44AD with turnover < ₹2 croreTax audit not required
    Profession (General)Gross receipts exceed ₹50 lakh in the financial year
    Profession under Presumptive Tax (Sec 44ADA)Declares profits below specified limit or income exceeds threshold limit value
    Business Loss (Non-Presumptive)Turnover or gross receipts exceed ₹1 crore
    Business under Presumptive Tax with Loss & income < TLVTax audit not applicable
    Business under Presumptive Tax with Loss & income > TLVTaxable income below the limit under scheme but income exceeds TLV

    Tax Audit Reporting Procedure

    • The appointed Chartered Accountant (CA) uploads the tax audit report online using valid login credentials.

    • The taxpayer must provide details of the CA in their portal.

    • Once the CA submits the audit report, the taxpayer can either accept or reject it on the portal. If rejected, the process is repeated until the report is confirmed.

    • Due Dates:

      • Taxpayers engaged in international business: 30th November of the following assessment year.

      • Other taxpayers: 30th September of the following assessment year.

    Rules to Keep in Mind

    • If a taxpayer runs multiple businesses and combined turnover exceeds ₹1 crore, accounts must be audited.

    • If a taxpayer practices multiple professions and combined gross receipts exceed ₹50 lakh, audit is mandatory.

    • If engaged in both business and profession, audit is determined separately for each; combined figures are not considered.

    • Sale of fixed assets (like vehicles or property) is excluded from total turnover for audit purposes.

    • Tax audit reports are final, but may be revised if changes arise due to amendments in law or legal interpretations.

    Forms Required

      • Form 3CB: Tax audit report under Section 44AB of IT Act, 1961

      • Form 3CD: Details to accompany Form 3CB

      • Form 3CA & 3CD: For audits under laws other than Section 44AB; details reported in Form 3CD

    Penalty for Non-Compliance

    If a taxpayer is required to undergo a tax audit but fails to do so, the penalty can be the least of the following:

    • 5% of total sales

    • 5% of turnover

    • 5% of gross receipts

    • ₹1,50,000

    Waiver of Penalty

    A penalty may be waived if the taxpayer can demonstrate a reasonable cause, such as:

    • Delay caused by the tax auditor

    • Loss or physical incapacity of the responsible partner

    • Labor issues such as strikes or lockouts

    • Loss of accounts due to theft, attack, or events beyond taxpayer control

    • Natural disasters


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