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Audit by Tax Authorities - Snapshot

CA Akash Phophalia
Tax Authorities Audit Under CGST Act 2017 Requires 15-Day Notice, Must Conclude in 3 Months, Extendable by 6 Months. An audit by tax authorities under the CGST Act 2017 and CGST Rules 2017 can be conducted by the Commissioner or an authorized officer on registered individuals. The audit can occur at the business location or the authority's office, requiring a minimum of 15 working days' notice via Form GST ADT 01. It covers financial records, turnover accuracy, tax exemptions, input tax credits, and refunds. The audit must be completed within three months, extendable by six months with justification. Discrepancies are communicated to the auditee, who must respond, and findings are reported within 30 days post-audit using GST ADT-02. If discrepancies in tax payments are found, proceedings may be initiated under Sections 73 or 74. (AI Summary)
Audit by Tax Authorities
ParticularsRemarks
Governing ProvisionsSection 65 of CGST Act 2017 and Rule 101 of CGST Rules 2017
Who can conduct AuditCommissioner or authorised officer
Who can be auditeeRegistered person only
Where audit can be conducted(1) At the place of business of assessee  or  (2) In the office of the authority
Pre information to conduct auditYes. Minimum 15 working days notice is required
Form for InformationGST ADT 01
Audit PeriodIt can be (1) A financial year    (2) Part of Financial year   (3) Multiples of (1) or (2)
What is to be audited(1) Records   (2) Books of accounts   (3) Documents used to prepare books of accounts, returns and statements furnished.  (4) Correctness of Turnover  (5) Exemptions and deductions claimed  (6) Rate of tax applied / lassification  (7) Input tax credit availed and utilised   (8) Refund claimed  (9) Other relevant issues
When audit shall be deemed to be commenced

Later of -    (1) Date of which records are made availabel to tax authorities   

(2)Actual institution of audit at the place of business

Time period to complete Audit3 months which can be extended for further 6 months
Can there be blanket extensionSatisfaction of Commissioner and reasons to be recorded for such extension.
Responsibility of Registered PersonTo extend full support for timely completion of audit.
Discrepancies in AuditShall be communicated to the Regsitered person and he shall file its reply to the auditing authorities.
Finalisation of AuditThe findings shallbe informed to registered person within the period of 30 days from thedate of conclusion of audit.
For reporting findingsGST ADT -02
Consequences of AuditIf tax is not paid or short pid or erroneously refunded, proceedings may be initiated under Section 73 or Section 74
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