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tax audit section 44ab

Income Tax Audit under Section 44AB - Criteria, Audit Report, Penalty

Before understanding what is tax audit, let us understand the term ‘Audit’. Dictionary meaning of the term ‘Audit’ suggests that it is an official inspection of an organization’s accounts and production of report, typically by an independent body. It is also referred to as a systematic review or assessment of something.

Latest Update

The income tax department has extended the date for filing audit report for FY 2023-24 by 7 days till October 7, 2024. 

In a circular, the department stated that this extension is in response to difficulties taxpayers have encountered with electronic on the income tax portal , moving the deadline from September 30 to October 7.

 

What is a Tax Audit

There are various kinds of audits being conducted under different laws such as company audit/statutory audit conducted under company law provisions, cost audit, stock audit etc. Similarly, income tax law also mandates an audit of certain taxpayers called as ‘Tax Audit’.

As the name itself suggests, tax audit is an examination or review of accounts of any business or profession carried out by taxpayers from an income tax viewpoint. It makes the process of income computation for filing of return of income easier.

 

Objectives of Tax Audit

Tax audit is conducted to achieve the following objectives:

  • Ensure proper maintenance and correctness of books of accounts and certification of the same by a Chartered Accountant(tax auditor)
  • Reporting observations/discrepancies noted by the tax auditor after a methodical examination of the books of account
  • To report prescribed information such as tax depreciation, compliance of various provisions of income tax law, etc.

These enable tax authorities to verify the correctness of income tax returns filed by the taxpayer. Calculating and verifying total income, claims for deductions, etc., also becomes easier.

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Turnover Limit for Income Tax Audit

A taxpayer is required to have a tax audit carried out if the sales, turnover or gross receipts of business exceed Rs 1 crore and in case of profession exceed Rs 50 lakhs in the financial year. However, a taxpayer may be required to get their accounts audited in certain other circumstances also. We have categorised the various circumstances in the tables mentioned below:

Amendments in the above provision: 

Finance Act 2021: With effect from 1st April 2021, the threshold limit for applicability of tax audit is increased to Rs 10 crore in case cash transactions do not exceed 5% of the total transactions. (i.e., Cash receipts/payments does not exceed 5% of the total receipts/total payments) 

Categories of taxpayers who are mandatorily required to conduct tax audit of their records:

Category of person

Limit for Income Tax Audit

Business

Carrying on business (not opting for presumptive taxation scheme*)

Total sales, turnover or gross receipts exceed Rs.1 crore in the FY (or)

If cash transactions are up to 5% of total gross receipts and payments, the threshold limit of turnover for tax audit is Rs.10 crores (w.e.f. FY 2020-21)

Carrying on business eligible for presumptive taxation under Section 44AE, 44BB or 44BBB and opted for the same in previous year

Claims profits or gains lower than the prescribed limit under the presumptive taxation scheme

Carrying on business eligible for presumptive taxation under Section 44AD and opted for the same in previous year

Declares taxable income below the limits prescribed under the presumptive tax scheme and has income exceeding the basic exemption limit (i.e., Rs. 2.5 lakhs).

Carrying on the business and is not eligible to claim presumptive taxation under Section 44AD due to opting out for presumptive taxation in any one financial year of the lock-in period i.e. 5 consecutive years from when the presumptive tax scheme was opted

If income exceeds the basic exemption limit in the subsequent 5 consecutive tax years from the financial year when the presumptive taxation was not opted for

Profession

Carrying on profession 

Total gross receipts exceed Rs 50 lakh in a year

Carrying on the profession eligible for presumptive taxation under Section 44ADA

1. Claims profits or gains lower than 50% of the total receipts from such profession and

2. Income exceeds the basic exemption limit

Business loss

In case of loss from carrying on of business and not opting for presumptive taxation scheme

Total sales, turnover or gross receipts exceed Rs 1 crore

If taxpayer’s total income exceeds basic exemption limit but he has incurred a loss from carrying on a business (not opting for presumptive taxation scheme)

In case of loss from business when sales, turnover or gross receipts exceed 1 crore, the taxpayer is subject to tax audit under 44AB

 

Cases where the Accounts of a Person are Required to be Audited Under Other Laws

In such cases, the taxpayer need not get his accounts audited again for income tax purposes. It is sufficient if accounts are audited under such other law before the due date of filing the return. The taxpayer can furnish this prescribed audit report under Income tax law.

What Constitutes an Audit report?

Tax auditor shall furnish his report in a prescribed form which could be either Form 3CA or Form 3CB where:

  • Form No. 3CA is furnished when a person carrying on business or profession is already mandated to get his accounts audited under any other law.
  • Form No. 3CB is furnished when a person carrying on business or profession is not required to get his accounts audited under any other law.
  • Form No. 3CE is furnished when Non-residents and foreign companies receive royalties or fees for technical services from the government or an Indian concern. 

In case of either of the aforementioned audit reports, the tax auditor must furnish the prescribed particulars in Form No. 3CD, which forms part of the audit report.

Income Tax Audit Last Date

The government has extended the last date for completion of income tax audit by 7 days i.e. 7th October 2024 from 30th September 2024 for the FY 2023-24. In case of assessees covered by the provisions of transfer pricing audit, last date for completion of tax audit will be 31st October 2024. 

 

How and When Tax Audit Reports Shall be Furnished?

The tax auditor shall furnish a tax audit report online by using his login details in the capacity of ‘Chartered Accountant’. Taxpayers shall also add CA details in their login portal.

Once the tax auditor uploads the audit report, the same should either be accepted/rejected by the taxpayer in their login portal. If rejected for any reason, all the procedures need to be followed again till the audit report is accepted by the taxpayer.

Last date for filing of income tax audit report is 31st October of the subsequent year in case the taxpayer has entered into an international transaction and 30th September of the subsequent year for other taxpayers. The subsequent year itself is the assessment year. 

You must file the tax audit report on or before the due date of filing the return of income. It is 31st October of the subsequent year in case the taxpayer has entered into an international transaction and 30th September of the subsequent year for other taxpayers. The subsequent year itself is the assessment year. 

 

What are the Objectives of the Income-tax Audit?

The major objectives for conducting tax audit are:

  • Proper maintenance of books of the account without fraud activities and certification of the same by an auditor.
  • For reporting discrepancies noted by proper examination of the books of accounts.
  • For reporting various information such as tax depreciation, compliance with the provision of income tax law, and so on.
  • Computation of tax and deductions becomes easy with auditing.
  • The major role is to verify the information filed in the income tax return regarding income, tax, and deductions by the taxpayer.
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Penalty of Non-filing or Delay in Filing Tax Audit Report

If any taxpayer is required to get the tax audit done but fails to do so, the least of the following may be levied as a penalty:

  • 0.5% of the total sales, turnover or gross receipts
  • Rs 1,50,000

However, if there is a reasonable cause of such failure, no penalty shall be levied under section 271B.

So far, the reasonable causes that are accepted by Tribunals/Courts for delay in filing tax audit report are: 

  • Natural Calamities
  • Resignation of the Tax Auditor and Consequent Delay
  • Resignation of Accountant/key employees.
  • Labour problems such as strikes, lock-outs for an extended period
  • Loss of Accounts because of situations beyond the control of the Assesses
  • Physical inability or death of the partner in charge of the accounts

 

Related Articles

Form 3CD- Explanation and Applicability

Comprehensive Analysis of Tax Audit – Forms 3CA, 3CB, 3CD & 3CE  

Books of Accounts and Audit Requirements 

Frequently Asked Questions

Tax audit under section 44AB is an audit conducted by a chartered accountant to verify the books of accounts and other documents of the assessee. It is applicable to individuals, HUFs, firms, etc. with gross receipts exceeding Rs 1 crore in business or Rs 50 lakhs in profession. The purpose is to authenticate the accounts, verify compliance with income tax provisions, and submit a tax audit report with the Income Tax Return.

The last date for filing the income tax audit for the FY 2023-24 has been extended by 7 days i.e. 7th October 2024.

The CA audits the books of accounts like the cash book, ledger, journals, bank statements, stock records, and sales/purchase invoices. Authenticates the state of affairs of business as on the last date of the financial year.

If a tax audit is applicable but not conducted, it attracts penal consequences under Section 271B. The Assessing Officer can levy a penalty of Rs 1.5 lakh or 0.5% of turnover, which is lower. Prosecution can also be initiated. Non-submission of audit reports makes the return defective, and provisions for faulty returns apply.

Tax audits for salaried persons are generally not subject to a tax audit. However, if one has income from any other source, like professional fees exceeding Rs 50 lakhs or business income exceeding Rs 1 crore, then in that case tax audit may be applicable. Having turnover/gross receipts from business/profession exceeding the limits makes one liable for a tax audit.

Form 3CA is the tax audit report filed by the Chartered Accountant. It certifies that the audit was conducted as per the provisions of Section 44AB. Form 3CD is the statement of particulars in a prescribed format that needs to be submitted along with the Return and Form 3CA. It provides details of deductions claimed, compliance, etc.

Only a Chartered Accountant holding a valid Certificate of Practice (COP) can conduct a tax audit as per Section 44AB as per Section 288(2).

As mentioned above, the taxpayer need not get his accounts audited again for income tax purposes. It is sufficient if accounts are audited under such other law before the due date of filing the return. The taxpayer can furnish this prescribed audit report under Income tax law.

Turnover limit for applicability of tax audits to businesses is Rs. 1 crore. However, the limit should be increased to Rs. 10 crores if the cash receipts / cash payments does not exceed 5% of the total receipts / total payments.

In that case, the due date for furnishing tax audit report is 31st October of the Assessment year.

In that case penalty will be imposed at the lower of:

  1. 0.5% of total turnover or receipts; or
  2. Rs. 1.5 lakhs.