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SPECIAL AUDIT UNDER GST

Goods and Services Tax - GST - By: - Dr. Sanjiv Agarwal - Dated:- 7-1-2018 - Special audit is a tool provided to the revenue to order for special audit under section 66 of the GST Act, 2017 to be carried out by a chartered accountant or a cost accountant. Such special audit shall be carried out on the directions of deputy or assistant commissioner with prior approval of the commissioner, if such officer is of the opinion that the assessee has not declared the value correctly or credit availed is .....

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alue of taxable service, mis-utilization of credit of tax etc). Such insinuation of wrongful act affects citizen in his social life, and comes within scope of civil consequences. In that view, such an order has to comply with principles of natural justice. Reference in this context be made to the judgment of the Supreme Court in Sahara India (Firm), Lucknow v Commissioner of Income Tax, Central-I and Another reported in 2008 (4) TMI 4 - Supreme Court . The Supreme Court held that the expression .....

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principles should guide his opinion that : (a) Value has not been correctly declared, or (b) Credit availed is not within the normal limits, ie there are instances of abnormal variation in credit amount. How can special audit be ordered or directed Special audit under section 66 of the GST Act, 2017 can be ordered or directed: (i) with prior approval of the commissioner, (ii) by deputy or assistant commissioner, (iii) in writing to the auditee tax payer, (iv) to get records including books of a .....

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countant or a cost accountant. The chartered accountant or a cost accountant shall be nominated by the Commissioner. Nomination and directions A chartered accountant or cost accountant shall be nominated (appointed) by the Commissioner. The taxable person is not allowed to appoint the auditor for the purpose of special audit. While nominating the chartered accountant or cost accountant, auditor may be directed to mention or report on specified particulars, besides audit report. Reporting require .....

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ered accountant/cost accountant, or (c) for any other material and sufficient reasons. The discretion to extend time rests with the deputy/assistant commissioner. As per sub rule (2) of rule 102 of the GST Rules, 2017 on conclusion of the special audit, the registered person shall be informed of the findings of the special audit in FORM GST ADT-04 by the auditor. Special audit can be ordered even where taxable has been audited The special audit is an overriding provision and special audit can be .....

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