In the present article I am going to discuss the law and procedure of Audit to be conducted by the department and special audit as prescribed under GST law. The concept of Audit is not a new concept, the tax payers are already required to get his books of accounts aFor Filing GSTR -9 AND GSTR-9C: Audited under various law like Income Tax Act, 1961, VAT Act, 2005 and Companies Act, 2013.

INTRODUCTION:

Section 2(13) of the CGST Act, 2017 defines “Audit” means the examination of records, returns and other documents maintained or furnished by the registered person under the GST Acts or the rules made thereunder or under any other law for the time being in force to verify the correctness of turnover declared, taxes paid, refund claimed and input tax credit availed, and to assess his compliance with the provisions of the GST Acts or the rules made thereunder.

A. Need of Audit under GST:

1. That to verify the correctness of turnover declared, taxes paid, refund claimed and input tax credit availed by assessee.

2. That to examine the record of return and other document maintained or furnished by the assessee.

3. That GST is a self assessment based tax, so to keep an eye to prevent the frauds in GST a robust audit mechanism to measure and ensure compliance of the provisions of law by the taxable person.

B. Type of Audit under GST:

GST Act, 2017 envisages three types of Audit. That are as follows:

1. GST Audit by Chartered Accountant or a Cost Accountant:

Section 35(5) of CGST Act, 2017 states that “Every registered person whose turnover during a financial year exceeds the prescribed limit shall get his accounts audited by a chartered accountant or a cost accountant and shall submit a copy of the audited annual accounts, the reconciliation statement under sub-section (2) of section 44 and such other documents in such form and manner as may be prescribed.

“Provided that nothing contained in this sub-section shall apply to any department of the Central Government or a State Government or a local authority, whose books of account are subject to audit by the Comptroller and Auditor-General of India or an auditor appointed for auditing the accounts of local authorities under any law for the time being in force.”

The first audit is by a chartered accountant or a cost accountant. Every registered person whose aggregate turnover during a financial year exceeds two crore rupees has to get his accounts audited by a chartered accountant or a cost accountant and furnish a copy of audited annual accounts and a reconciliation statement, duly certified, in FORM GSTR-9C.

It is noteworthy to mention here that for businesses with an annual turnover of less than Rs 5 crore, filing of GSTR-9C for FY 2018-19 has been waived off.

2. GST Audit by department:

Section 65(1) of CGST Act, 2017, states that “The Commissioner or any officer authorized by him, by way of a general or a specific order, may undertake audit of any registered person for such period, at such frequency and in such manner as may be prescribed.”

In the second type which is the normal audit, GST law vested power of Audit to the Commissioner or any officer authorized by him, can undertake audit of any registered person for such period, at such frequency and in such manner as may be prescribed.

3. Special Audit under GST:

Section 66(1) of CGST Act, 2017, states that  “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 that the value has not been correctly declared or the credit availed is not within the normal limits, he may, with the prior approval of the Commissioner, direct such registered person by a communication in writing to get his records including books of account examined and audited by a chartered accountant or a cost accountant as may be nominated by the Commissioner.”

The third type of audit is called the Special Audit. In Special Audit the registered person can be directed to get his records including books of account examined and audited by a chartered accountant or a cost accountant during any stage of scrutiny, inquiry, investigation or any other proceedings; depending upon the complexity of the case.

C. Audit by Chartered Accountant or A Cost Accountant

Section 35(5) and Section 44 of CGST Act, 2017, and Rule 80 of CGST Rules, 2017 deals with law and procedure of the Audit conducted by the department, which we will discuss herein below:

D. Who is Required to get his Books of Accounts Audited under GST:

Section 35(5) of CGST Act, 2017, states that “Every registered person whose turnover during a financial year exceeds the prescribed limit shall get his accounts audited……..”

The Act says that all the registered person whose turnover exceeds the prescribed limit i.e Rs. Two crore for the F.Y 2017-18 and Rs. Five Crore for the F.Y 2018-19, shall bound under law to get his accounts audited under GST.

E. Who is Authorised to do An Audit Under GST:

As per Section 35(5) of CGST Act, 2017, the following persons are authorized under GST Act to do an audit u/s 44 of the CGST Act, 2017;

1. Chartered Accountant

2. Cost Accountant

F. Annual Return Under GST

As per Section 44(1) of CGST Act, 2017,it is stated as under:

1. That every registered person shall furnish an annual return for every financial year electronically in such form and manner as may be prescribed under the Act.

2. That the following person are not required to file annual return under this section;

i)Input service distributor

ii) a person paying taxes u/s 51 or 52 of CGST Act, 2017

iii) a casual taxable person

iv) a non-resident taxable person

3. That the Commissioner is vested with the power to extend the time limit of Annual return by issuing the notification, either on the recommendation of GST council or for reason recorded in writing.

4. That further, this section provided that any notification for extension of time limit of annual return by the Commissioner of SGST or Commissioner of UTGST, shall be treated as notification by Commissioner.

Here, Rule 80(1) of CGST Rules, 2017, states that;

1. That every registered person shall furnish an annual return as specified in section 44(1) of CGST Act, 2017, in Form GSTR -9.

2. That a person paying taxes u/s 10 of CGST Act, 2017, (composition dealer) shall furnish an annual return in Form GSTR -9A.

3. That the form shall be filed electronically through the common portal of GST either directly or through facilitation centre notified by the Commissioner.

G. Reconciliation Statement under GST:

Section 44(2) of CGST Act, 2017,states that every registered person who is required to get his accounts audited u/s 35(5) of CGST Act, 2017, shall furnish an annual return as prescribed u/s 44(1) of CGST Act, 2017, shall furnish an audited annual accounts and reconciliation statement, reconciling the value of supply declared in the return furnished for the financial year.

Here, Rule 80(3) of CGST Rules, 2017, states that;

1. That every registered person shall furnish reconciliation statement along with annual return in Form GSTR -9C.

2. That the form shall be filed electronically through the common portal of GST either directly or through facilitation centre notified by the Commissioner.

H. Turnover Limit And Time Limit For Filing GSTR -9 AND GSTR-9C:

a. GSTR-9 (Annual Return):

That every registered person whose turnover exceeds an amount of Rs. 2,00,00,000/- (Two Crore Rupees) in a financial year, shall bound under law to file annual return, in Form GSTR 9.

Now, GSTR -9 for the F.Y 2018-19 is due and the last date of filing GSTR -9 for the F.Y 2018-19 is 30th September, 2020.

b. GSTR-9C (audit report and reconciliation statement):

Every registered person whose aggregate turnover during the financial year 2018-2019 exceeds five crore rupees shall get his accounts audited as specified under subsection (5) of section 35 and he shall furnish a copy of audited annual accounts and a reconciliation statement, duly certified, in FORM GSTR-9C for the financial year 2018-2019, electronically through the common portal either directly or through a Facilitation Centre notified by the Commissioner.

I. Due Date of Filing GSTR 9C:

Now, GSTR -9C for the F.Y 2018-19 is due and the last date of filing GSTR -9C for the F.Y 2018-19 is 30th September, 2020.

DISCLAIMER: This article is based on the relevant provisions and as per the information existing at the time of preparation. In no event I shall be liable for any direct and indirect result from this article. This is only a knowledge sharing initiative provided solely for information. This article is not a professional advice or recommendation.

(Article is been amended by Taxguru Team after Its Publication. )

Author Bio

Qualification: LL.B / Advocate
Company: YOGESH NARANG CONSULTANT
Location: JALANDHAR, Punjab, IN
Member Since: 27 Apr 2020 | Total Posts: 7
I am an Advocate practicing in Jalandhar in the stream of taxation having experience of 8 years.you can reach us at narangyogesh87@gmail.com or M-81460-94097 View Full Profile

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3 Comments

  1. narangyogesh87 says:

    Thank you sir for your suggestions and pardon for the inconvience caused. Rectification is under process.

    Regards

  2. ASHOK KANUNGA says:

    SEE NOTIFICATION NO 16 / 2020 DATED 23/03/2020 In the said rules, in rule 80, in sub-clause (3), the following proviso shall be inserted,
    namely:-
    “Provided that every registered person whose aggregate turnover during the financial year
    2018-2019 exceeds five crore rupees shall get his accounts audited as specified under subsection (5) of section 35 and he shall furnish a copy of audited annual accounts and a
    reconciliation statement, duly certified, in FORM GSTR-9C for the financial year 2018-
    2019, electronically through the common portal either directly or through a Facilitation Centre
    notified by the Commissioner.” IN AMENDMENT RULU 80(3) WORDS MSME IS ABSENT HENCE YOUR FINDING IS WRONG

    1. narangyogesh87 says:

      Thank you sir for your suggestions and pardon for the inconvience caused. Rectification is under process.

      Regards

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