What is tax audit? let us understand the term “AUDIT”. Dictionary meaning of the term "AUDIT" suggest that it is an official inspection of an organization’s books of accounts. It is also referred to a systematic review or assessment of something.
Income tax law also mandates an audit called "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 view point. It makes the process of income computation for filing of return of income easier.
Tax audit is a cross-examination of the books of accounts of the taxpayer by a Chartered Accountant under the Income Tax Act 1961.
Section 44AB deals with the conditions under which Tax audit becomes mandatory for some taxpayers.
The main purpose of a tax audit is to verify the accuracy of the financial records and avoid any fraud or tax evasion.
The threshold limit of Rs 1 crore for a tax audit is increased to Rs 5 crores from AY 2021-22 and further to Rs.10 crore with effect from AY 2022-23 (FY 2021-22) if the taxpayer’s cash receipts are limited to 5% of the gross receipts or turnover, and if the taxpayer’s cash payments are limited to 5% of the aggregate payments.
The auditor has to furnish the audit report in the specified audit form along with the detailed particulars.
► Ensure proper maintenance and correctness of books of accounts and certification of the same by a tax auditor
► Reporting observations/discrepancies noted by tax auditor after a methodical examination of the books of account
► To report prescribed information such as depreciation, compliance of various provisions of income tax law etc.
The audit report has to be furnished in either of the following forms:
(i) Form 3CA and (ii) Form 3CB
In respect of a taxpayer carrying on a business or profession and who is already mandated to get his accounts audited under any other law.
For instance, A company is required to get its accounts audited compulsorily under the Companies Act 2013. So, it will furnish Form 3CA.
In respect of a taxpayer carrying on a business or profession but who is not required to get his accounts audited under any other law.
A proprietorship entity or partnership firm, having a turnover of more than 1 crore and not opting for presumptive income scheme, is not required to get its accounts audited under any other law except income tax. So, it will furnish Form 3CB.
Along with either of the forms mentioned above, the tax auditor shall also furnish Form 3CD which forms part of the audit report and contains the prescribed particulars.
Following categories of taxpayers are required to get tax audit done:
Category of person |
Threshold |
Business |
|
Carrying on business (not opting for presumptive taxation scheme) |
Total sales, turnover or gross receipts exceed Rs 1 crore in the FY |
Carrying on business eligible for presumptive taxation under Section 44AE, 44BB or 44BBB |
Claims profits or gains lower than the prescribed limit under presumptive taxation scheme |
Carrying on business eligible for presumptive taxation under Section 44AD |
Declares taxable income below the limits prescribed under the presumptive tax scheme and has income exceeding the basic threshold limit |
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 maximum amount not chargeable to tax in the subsequent 5 consecutive tax years from the financial year when the presumptive taxation was not opted for |
Carrying on business which is declaring profits as per presumptive taxation scheme under Section 44AD |
If the total sales, turnover or gross receipts does not exceed Rs 2 crore in the financial year, then tax audit will not apply to such businesses. |
Profession |
|
Carrying on profession |
Total gross receipts exceed Rs 50 lakh in the FY |
Carrying on the profession eligible for presumptive taxation under Section 44ADA |
1. Claims profits or gains lower than the prescribed limit under the presumptive taxation scheme 2. Income exceeds the maximum amount not chargeable to income tax |
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 threshold 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 |
Carrying on business (opting presumptive taxation scheme under section 44AD) and having a business loss but with income below basic threshold limit |
Tax audit not applicable |
Carrying on business (presumptive taxation scheme under section 44AD applicable) and having a business loss but with income exceeding basic threshold limit |
Declares taxable income below the limits prescribed under the presumptive tax scheme and has income exceeding the basic threshold limit |
The tax auditor shall furnish tax audit report online by using his login details in the capacity of ‘Chartered Accountant’. Taxpayer shall also add CA details in their login portal. Once the tax auditor uploads the audit report, same should either be accepted/rejected by 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.
You must file the tax audit report on or before the due date of filing the return of income. It is 30 November of the subsequent year in case the taxpayer has entered into an international transaction and 30 September of the subsequent year for other taxpayers.
If any taxpayer who is required to get the tax audit done but fails to do so, the least of the following may be levied as a penalty u/s 271B:
♦ 0.5% of the total sales, turnover or gross receipts
♦ Rs 1,50,000