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Tax Audit

"Tax audit in India assesses tax returns for accurate payments by individuals and businesses. Familiarity with rules, forms, and penalties is crucial. It ensures precise income tax calculations and compliance."

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Overview of Tax Audit

The Indian government conducts a variety of audits under different legal frameworks, including company audits or statutory audits carried out in accordance with company law provisions, as well as cost audits and stock audits. Similarly, the Income Tax law has introduced the concept of a 'Tax Audit', making it mandatory in certain cases. A tax audit involves a review of the financial records of businesses or professions, facilitating the process of income computation for filing income tax returns.

Under the Income Tax Act, a tax audit becomes obligatory when the annual gross turnover or receipts surpass a specified threshold. This audit is conducted by a Chartered Accountant, as stipulated in Section 44AB of the Income Tax Act of 1961.

In simple terms, a Tax Audit is an examination of matters relating to taxation.

Applicability of Tax Audit: Section 44AB mandates a tax audit for the following categories:

  • Businesses: When the annual gross turnover exceeds Rs 1 Crore.
  • Professions: When the annual gross income in a profession exceeds Rs 50 lakh.

Presumptive Taxation Scheme - Section 44AD: This scheme applies to businesses with an annual turnover not exceeding Rs 2 crore. It eliminates the need to maintain detailed books of accounts under Section 44AD. The net income is estimated at 8% of the gross turnover. Digital payment modes are used for receiving gross receipts. The net income is computed at 6% or 8% of the gross receipts. If an assessee chooses the Presumptive Taxation scheme under Section 44AD, the same audit section applies for the subsequent five financial years. To avail this scheme, the ITR 4 form needs to be filed.

Presumptive Taxation Scheme - Section 44ADA: Professionals with an annual gross income not exceeding Rs 50 Lakhs are eligible for this scheme. Similar to Section 44AD, maintaining detailed books of accounts under Section 44ADA is not obligatory. The net income is deemed to be 50% of the gross receipt. If an assessee opts for the Presumptive Taxation scheme under Section 44ADA, the same audit section applies for the next five financial years.

Ensuring Protection from a Tax Audit: Engaging in business or professional activities with the intention of earning legitimate and appropriate profits is key. To ensure a smooth tax audit process, consider these steps:

  • Maintain books of accounts as mandated by the Income Tax Act.
  • Calculate profit or gain in accordance with Chapter IV.
  • Accurately report taxable income and allowable losses in your tax return.

Accounts Subject to Tax Audit: The following types of accounts are subject to tax audit:

  • Individual/Proprietorship
  • Hindu Undivided Family
  • Company
  • Partnership Firm
  • Association of Persons
  • Local Authority

Inclusions in Turnover for Tax Audit: The following are considered part of turnover for tax audit purposes:

  • Duty drawback received after export sales.
  • Interest income earned from lending money or foreign exchange fluctuations by exporters.
  • Advances received and subsequently forfeited from customers.
  • If excise duty is included in turnover, it should be debited in the profit and loss account.

Exclusions from Turnover for Tax Audit: The following items are excluded from turnover for tax audit:

  • Sale or purchase of fixed assets.
  • Income generated from the sale of assets held for investment.
  • Rental income from residential or commercial properties.
  • Interest income and reimbursement of expenses treated as receipts.

Objectives of Tax Audit

Tax audit serves to ensure the meticulous and accurate maintenance of books of accounts, duly certified by a tax auditor. This systematic examination of financial records is followed by the obligation to document any observations or discrepancies identified during the audit process.

The primary objective of a tax audit is to compile a comprehensive report in accordance with the stipulations outlined in Form No. 3CA/3CB and 3CD. Beyond the requisites of these forms, an effective tax audit contributes to the assurance that the taxpayer's financial records and accounts are diligently upheld to reflect precise income and legitimate claims for deductions.

Conducting an annual audit demands a considerable investment of both time and financial resources. However, tax audit remains indispensable for all eligible assesses, mandated by the Income Tax Act. In India, the responsibility of performing a tax audit rests with tax consultants, typically Chartered Accountants, who possess the requisite expertise in this domain.

The implications of a tax audit can extend to financial advantages for a business entity. Beyond its financial implications, an audit imparts credibility to the information disseminated to employees, customers, suppliers, investors, and regulatory bodies. It assures shareholders that the figures presented in the financial statements provide an accurate and unbiased representation of the company's financial standing.

Furthermore, a tax audit plays a pivotal role in cultivating a positive reputation for a company. The audit process showcases the organization's commitment to transparency and adherence to regulatory norms. This commitment, in turn, contributes to the establishment of a robust corporate image, fostering trust among stakeholders.

What Constitutes Audit Report?

The tax auditor is required to present the audit report in a specified form, which can be either Form 3CA or Form 3CB, based on the following criteria:

  • Form No. 3CA: This form is used when an individual engaged in business or profession is already obligated to have their accounts audited under another law.

  • Form No. 3CB: This form is utilized when an individual involved in business or profession is not required to have their accounts audited under any other law.

The procedure and timeline for furnishing the tax audit report are as follows:

  1. Submission of Report: The tax auditor submits the tax audit report online by using their designated login credentials.

  2. Taxpayer's Details: Taxpayers need to provide the details of their Chartered Accountant (CA) in their login portal.

  3. Report Acceptance or Rejection: Once the auditor uploads the audit report, the taxpayer must review it in their login portal. The taxpayer then has the option to either accept or reject the report. If rejected, the necessary steps need to be followed again until the report is accepted by the taxpayer.

The due date by which a taxpayer should complete their accounts audit is crucial. As per the regulations, individuals or entities falling under the purview of Section 44AB need to conduct their accounts audit and procure the audit reports on or before September 30th of the relevant year. This deadline aligns with the due date for filing the income tax return.

Types of Tax Audit

There are three main types of tax audits, each with its own characteristics and level of involvement. These audits are conducted by the IRS (Internal Revenue Service) to ensure accurate reporting and compliance with tax regulations.

  1. Correspondence Audit: This is considered the simplest form of tax audit. In a correspondence audit, the IRS initiates communication by sending a letter to the taxpayer. The letter usually requests specific information or documentation related to certain aspects of the taxpayer's tax return. The taxpayer is expected to provide the requested information through mail or electronically. Correspondence audits are often used for minor issues and can be resolved without an in-person meeting.

  2. Office Audit: An office audit is a more comprehensive type of audit where the taxpayer is required to visit an IRS office. During an office audit, an auditor will conduct a thorough examination of the taxpayer's records, asking detailed questions about various aspects of the tax return. The taxpayer might need to bring supporting documents, receipts, and other relevant records to the IRS office. Office audits can take several hours and may require the taxpayer's full attention.

  3. Field Audit: A field audit is a more extensive and inclusive form of audit compared to an office audit. In a field audit, IRS representatives visit the taxpayer's residence or business location to conduct the audit. They will review not only the specific items mentioned in the audit notice but may also expand their examination to other aspects of the taxpayer's financial affairs. Field audits can cover a wide range of tax-related issues and typically involve a more comprehensive review of financial records.

It's important to note that while correspondence audits are usually less complex and can be resolved through mail, office and field audits require more direct interaction with IRS auditors and may involve deeper scrutiny of financial records. It's advisable for taxpayers to be well-prepared, maintain accurate records, and seek professional advice if they are facing any type of tax audit.

Penalty of non filing or delay in filing tax audit report

The penalty for non-filing or delay in filing a tax audit report can result in financial consequences for the taxpayer. If a taxpayer fails to get the required tax audit done, they may face the following penalties:

  1. Penalty Calculation: The penalty for non-filing or delayed filing of the tax audit report is calculated as follows:
  • 0.5% of the total sales, turnover, or gross receipts, or
  • Rs 1,50,000,

whichever is lower.

This means that the penalty will be either half a percent of the total sales/turnover/gross receipts or Rs 1,50,000, whichever of the two amounts is less.

It's important for taxpayers to ensure timely and accurate compliance with tax audit requirements to avoid such penalties and potential legal repercussions. Consulting a tax professional and keeping track of the audit deadlines is essential for maintaining proper financial records and fulfilling legal obligations.

FAQ

Frequently Asked Questions

The following are the causes that prompt a tax audit:

  • Having higher than average income
  • Taking deductions that are disproportionate to the income
  • Claiming of business losses every year.
  • Taking irrelevant deductions
If there is any error in the books of accounts, generally it gets corrected by the CA. In case there is any mistake then penalty will be charged which may lead to paying of more tax amount.
Any business having a total sales turnover of over Rs. 1 crore must complete a compulsory tax audit by a Chartered Accountant (CA). And in case of profession if the profession has total gross receipts of more than Rs. 50 lakhs, then it is mandatory to conduct tax audit by a Chartered Accountant.
An audit, which is required by the statute (law) is known as a Statutory audit. Tax Audit is an audit made compulsory by the Income Tax Act if the turnover of the assessees reaches the specified limit. Statutory Audit is performed by external auditors whereas tax audit is conducted by a practising Chartered Accountant.
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