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TMI BlogLEGAL PROVISIONS ASSOCIATED WITH AUDIT BY TAX AUTHORITIES AND THE PROCEDURE TO CONDUCT AUDIT THEREOF- Section 65 of the CGST Act, 2017 and Rule 101 of the CGST Rules, 2017X X X X Extracts X X X X X X X X Extracts X X X X ..... e auditor. A visit to the premises of the small taxpayer should only be considered in case of non-cooperation. The audit shall be conducted for a financial year or any part thereof or multiples thereof - Section 65(1) & 65(2) of CGST Act, 2017 and Rule 101(1) of CGST Rules, 2017. (ii) A prior notice shall be issued to the auditee at least fifteen working days in advance, notifying him of the audit and to obtain documents required for conduct of audit as per Section 65(3) of the CGST Act, 2017. The notice is issued as per Form GST ADT- 01, as prescribed under Rule 101(2) of the CGST Act, 2017. (iii) The audit should be completed normally within a period of three months from the date of commencement of the audit, except in cases where appro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall have the opportunity to respond. After considering the reply provided by the registered person, the proper officer shall finalise the audit findings - Rule 101(4) of CGST Rules, 2017. (vi) The audit is deemed to be concluded once the audit findings are approved by the Commissioner in the Monitoring Committee Meeting. The audit findings in the form of Final Audit Report (FAR) should be communicated to the auditee within 30 days. The FAR is issued in FORM GST ADT-02. The FAR should include the reasons for the audit findings and inform the auditee of his rights and obligations - Section 65(6) of CGST Act, 2017 read with Rule 101(5) of CGST Rules, 2017. (vii) The detections made during the audit may either be recovered from the auditee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he officer or the audit party. Access to business premises also includes online access to the taxpayer's books and accounts and records, in addition to physical access. 3.3 Accounts and other records: The accounts and other records which a registered person is required to keep and maintain at his registered principal place of business are prescribed under Section 35 of the CGST Act, 2017 and the same may be required for conduct of audit. However, following documents may not be asked for from taxpayers due to their online availability in the GST Systems: LIST OF DOCUMENTS AVAILABLE ONLINE: S. No. Documents/Returns Description of document Source 1. Form GST REG-06 GST Registration Certificate provides the details such as Legal Name, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (filed by person liable to deduct TDS), GSTR 8 (field by e- Commerce operator All-in-One (Excel) Month-wise after individual request (GSTN) 11. Tax Liability vs ITC Comparison (GSTR-1 vs GSTR 3B and GSTR-2A vs GSTR-3B) Comparison of Tax Liability vs ITC All-in-One (GSTN) 12. Summary of GSTR 3B Summary of GSTR 3B return All-in-One return dashboard (view only) 13. Summary of GSTR-1 Summary of GSTR 1 return All-in-One return dashboard (view only) 14. FORM GST PMT-05 (Electronic Cash Ledger) Every deposit made by a person by internet banking or by using credit or debit cards or NEFT or RTGS or by over-the-counter deposit on account of tax, interest, penalty, fee or any other amount is credited to the respective electronic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... can be filled by auditors. 23. Form GST CMP-08 Quarterly return to be filed by taxpayer opting for composition scheme. This return replaces the erstwhile quarterly GSTR-4 filled by composition dealers. All-in-One (GSTN) 24. Form GST ITC-04 Half-yearly (for turnover more than Rs.5 cr.) and yearly (for turnover upto Rs. 5 cr.) return showing the details for goods/capital goods sent to job workers and received back. All-in-One (GSTN) 3.4 Special Audit - Section 66 of CGST Act, 2017 (1) If at any stage of scrutiny, inquiry, investigation or any other proceedings before him, any officer not below the rank of Assistant Commissioner, having regard to the nature and complexity of the case and the interest of revenue, is of the opinion t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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