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PREPARATION OF AUDIT REPORT AND FOLLOW UP

Service Tax - Central Excise and Service Tax Audit Manual - CBEC - 08 - CHAPTER 8 8.1 Preparation of Draft Audit Report and submission to senior officers 8.1.1 After completion of audit verification, the auditor should prepare the verification report in the prescribed Proforma as mentioned in Part VI of Annexure- CE-VIII/ Part IVC of Annexure ST- VIII for each issue of the approved Audit Plan. This document should record the results of verification conducted as per the audit plan. Any additional .....

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and litigation. 8.1.2 Where the assessee/taxpayer is in agreement with the short levy, as noticed, the auditor should explain the benefit available under Section 11A(2) of the Central Excise Act, 1944/Section 73(3) of the Finance Act,1994 as the case may be and use persuasion as a measure of recovery of dues along with interest, if any, promptly. Details of spot recoveries and willingness of the assessee/ taxpayer to pay short levy should also be recorded. This document would then become the ba .....

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on any circulars or clarifications issued by the Board, they should be quoted. Cases, in which certain specified conditions are not fulfilled, giving rise to objections, should be clearly brought out. Similarly, where objections are backed by interpretations as decided by the court judgments, decisions of Appellate authorities or supported by technical literature, those should be cited. 8.1.5 The draft audit report should be finalised within the shortest time span possible i.e. within 20-25 day .....

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or his representative shall be invited to attend. The decision taken by the Audit Commissioner, with regard to settlement of audit objections after recovery of all dues or dropping of the unsustainable audit objections, shall be final. Approved audit objections, including those in which show cause notices are proposed to be issued, should be conveyed to the Executive Commissioner in the form of Minutes of the MCMs, who shall respond to these objections conveying his agreement/disagreement within .....

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e Executive Commissioner and the ADG (Audit) of the Zone concerned. The DD/AD (Costs) if available may also be invited for the said meeting. During the MCM each of the audit objections/ observations would be examined for its sustainability. The Committee (MCM) should also decide as to whether the extended period of limitation can be invoked or not and also on the applicability of the provisions relating to waiver of show cause notice in respect of each para (refer Section 11A(1)(b) of the CEA, 1 .....

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e meeting will be treated as closed. 8.2.5 The Planning and Co-ordination Sections of Audit Commissionerate and the MIS of the Audit Circles should make prompt entries in the Registers of Audit Planning and Audit Follow-up in prescribed format (details as in Annexure XII), at every stage, until the closure of the audit point either by issue of a show cause notice or by recovery of amounts due or by closure on merits/reconsideration. 8.3 Final Audit Report Based on the decision of the MCM, the dr .....

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be closed after requisite action i.e., either recovery of amounts due or issuance of show cause notice, has been taken on it. After the issuance of Final Audit Report, wherever further action such as issue of Show Cause Notice is required, the Audit Group should prepare the Draft Show Cause Notice. In cases where the Show Cause Notice is answerable to the Superintendent, in-charge of the Range of Executive Commissionerate, the Superintendent in-charge of the audit group should issue the same, u .....

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er, in-charge of Audit Circle should submit the Draft Show Cause Notice to the Planning and Co-ordination Section/MIS Section of Headquarters along with the concerned file, which in turn shall be forwarded to the technical section of Headquarters which is in charge of issuing the show cause notice. In some cases, show cause notices are answerable to Superintendents, then the concerned Superintendent of Audit Circle shall take necessary action for preparing and issuing such show cause notice unde .....

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