In the 25th GST Council meeting held on 18th January 2018 (Thursday) at Vigyan Bhawan, New Delh...
In this article let us discuss the provisions relating to Audit Under GST laws. But let’s try and understand what the audit is, and what’s is its significance?
The audit is basically a systematic and independent examination of financial records and accounts of an organization to verify its correctness. If the proper audit is conducted at specified regular intervals it increases the value and credibility of the organization and builds up investor confidence. The audit can be internal or external. Internal audit is when the organization keeps a regular track or their functions through analysis, monitoring, and examination of their activities. And an external audit is when an outside party like a chartered accountant or any government appointed an officer to conduct this analysis of the financial records of the organization.
Like other laws, GST laws also provide for Auditing provisions. As we have discussed the purpose of the audit is to check the authenticity of the documents and records of the taxpayer registered under GST. Few of the details checked under GST audit are GST invoices declared turnover, taxes paid, refunds and ITC claimed etc. Audit under GST can be of the following types:
This audit is not ordered by any tax authority, it is a threshold based audit requirement. Sub-section 2 of Section 44 under the Chapter of Returns under CGST Act,2017 states the provisions relating to audit by a taxable person. This section requires any registered taxpayer whose aggregate turnover during a financial year exceeds the threshold limit of Two Crores Rupees are required to get their accounts audited by a chartered accountant or a cost accountant.
They are required to furnish a return in FORM GSTR-9C, which shall include a certified copy of the following:
Chapter XIII of Central Goods and Service Tax Act, 2017 covers the provisions relating to Audit by tax authorities under GST. An audit ordered by tax authorities is of two types;
In an audit conducted by the order of the commissioner, the proper officer along with the team of officers assigned to him verify the correctness of the:
If any discrepancies are found by the proper officer then they are required to communicate the same to the registered taxpayer, who shall furnish his reply in the prescribed manner.
It is the responsibility of the auditee
On the conclusion of Audit under this section, it is the responsibility of the officer to communicate the result and findings along with the rights and obligations of the taxable person to him within 30 days of the conclusion of audit in FORM GST ADT-02.
Special Audit provisions are mentioned in Section 66 of the CGST Act, 2017. It can be initiated by any officer not below the rank of Assistant Commissioner only when they are not satisfied with the scrutiny, inquiry, investigation or any other proceedings conducted before him. However, it can only be initiated with the proper approval of the Commissioner. And the registered taxpayer is required to get their accounts audited through a chartered accountant or a cost accountant nominated by the Commissioner.
On the conclusion of Audit under this section, the result of such an audit is to be communicated in FORM GST ADT-02.
If after the conclusion of the audit under GST, the proper officer is of the opinion that;
The action must be initiated under section 73 or section 74 of the ACT.