Section 44AB specifies that certain categories of individuals or businesses require tax audits by a chartered accountant in order to ensure compliance with the laws and to keep fraudulent tax practices in check.
What is the Defination Tax Audit?
Under Section 44AB of the Income Tax Act, 1961, persons involved in certain professions or exceeding a certain amount in business have to get their account books audited by a chartered accountant is know as Tax Aaudit.
Audit refers to inspection or scrutiny of accounts, in order to ensure compliance with the Income Tax Act and other related laws, and to check fraudulent practices.
Income Tax Audit Limits for FY 2022-23 (AY 2023-24)
- A business person whose gross receipts/turnover/sales for the previous financial year is more than Rs. 1 crore. It is now no longer relevant to the person, who opts for presumptive taxation scheme beneathneath segment 44AD his general income or turnover would not exceed Rs. 2 crores.
- A professional whose gross receipts for the previous financial year is more than Rs. 50 lakh.
- Persons covered under Sections 44AD, 44AE, 44AF, 44BB and 44BBB, who are declaring lower profits from business than what is estimated.
- As per the latest announcement, the persons who carry out most of the transactions (95% in this case) online, that is through digital transactions, will be eligible for an increase in the limit for tax audit.
Different Types of Tax Audits There are three types of auditing process. They are given below:
- Field audit: This type of audit is conducted at your office place. Here you will have to provide all the necessary documents to ensure the auditing is done successfully.
- Office audit: Here the auditing takes place in the office of the IRS. Make sure you carry all the necessary documents. You will most likely receive a letter in which it will be mentioned the documents you must carry.
- Correspondence audit: Here you will receive a letter in which it will be mentioned the documents required for the auditing process. Ensure to mail all the required documents to the address provided in the mail.
What are The Main Objectives of Tax Audit?
The objectives of tax audit can be summed up as follows:
- It ensures that the books of accounts are maintained properly and are certified by a tax auditor.
- It helps provide the reports in regard to the recommended information such as tax depreciation, income tax law and its compliance, and so on.
- It ensures the method-bound scrutiny of the books of accounts and the reports in terms of the observations or discrepancies pointed out by a tax auditor.
- It helps verify the correctness of the income tax returns which are filed with the IT department.
- It makes the task of the calculation and verification of total income, claims for deductions, and so on, easier.
For whom is it Mandatory to be Subjected to Tax Auditing
From 1 April 2021, as per Finance Act 2021, the threshold limit of Rs,5 crore has been increased to Rs.10 crore if the transactions do not go beyond 5% of the total transaction amount.
The various categories of taxpayers who will be subjected to tax auditing are given below:
Category of person | Threshold |
Business |
Businesses that do not opt for presumptive taxation scheme | - If the total sales, turnover exceed Rs.1 crore in the FY
- If cash transactions are up to 5% of total gross payments, the threshold limit of turnover for a tax audit is increased to Rs.10 crore
|
Business eligible for presumptive taxation under Section 44AE, 44BB or 44BBB | Profits claimed lower than the prescribed limit under the presumptive taxation scheme |
Business eligible for presumptive taxation under Section 44AD | Taxable income declared is below the limits prescribed as per the presumptive tax scheme but exceeds the basic threshold limit. |
Businesses not eligible to claim presumptive taxation under Section 44AD because of opting out of the presumptive taxation scheme in any one financial year of the lock-in period | If income goes beyond the maximum amount not taxable for the subsequent 5 consecutive years from the date when the presumptive taxation was not availed |
Businesses declaring profits as per presumptive taxation scheme under Section 44AD | If income goes beyond the maximum amount not taxable in the subsequent 5 consecutive years from the date when the presumptive taxation scheme was not availed |
Businesses declaring profits as per presumptive taxation scheme under Section 44AD | If the total sales, does not exceed Rs.2 crore in the financial year, then tax audit is not applicable |
Profession |
Carrying on profession | Total gross receipts are above Rs.50 lakh in the FY |
Profession eligible for presumptive taxation under Section 44ADA | - Claims profits below the prescribed limit as per the presumptive taxation scheme
- Income is above the maximum amount not taxable
|
Business loss |
Businesses that incur loss and do not opt for presumptive taxation scheme | Total sales above Rs.1 crore |
If the taxpayer’s total income is above the basic threshold limit but they have incurred a loss | Businesses incurring loss when sales, turnover or gross receipts is above Rs.1 1 crore, the taxpayer is subject to tax audit under Section 44AB |
Business opting for the presumptive taxation scheme under section 44AD that has incurred a loss, but with income below the basic threshold limit | No tax audit required |
Businesses opting for the presumptive taxation scheme under section 44AD incurring a loss but with income exceeding basic threshold limit | Taxable income declared below the limits prescribed under the presumptive tax scheme and income above the basic threshold limit |
When and How will Tax Audit Reports be Furnished?
Given below are the steps to know the how and when the tax audit report will be furnished:
- A tax audit report will be furnished online by the auditor using their login credentials in the presence of a chartered accountant.
- Once the report has been uploaded by the auditor, it will be at the discretion of the taxpayer to either accept or reject it. If the report is rejected, then the auditing process is to begin again.
- Ensure the tax auditing report is filed before the due date.
Rule 6G of the Income Tax Act lists the forms that need to be used to submit income tax audit of business/profession under Section 44AB. The Income Tax (7th Amendment) Rules 2014 has made some changes to the forms required for income tax audit submission. The Central Board of Direct Taxes has altered Forms 3CA, 3CB and 3CD so that now the income tax auditor has to mention observations or qualifications/merits of the audit report while filling these forms.
- If a businessperson or professional has to audit their accounts under any law other than the Income Tax Act, then Form 3CA (Audit Form) and Form 3CD (Statement of Particulars) are to be filled and submitted.
- If a businessperson or professional has to audit their accounts only under the Income Tax Act, then they need to use Form 3CB (Audit Form) and Form 3CD.
- If a taxpayer is mandated to conduct an audit of his business under more than one law - for example, under both the Companies Act and Income Tax Act - then s/he need not perform the audit twice in the same year. She/he can submit the same audit report for the relevant scrutiny. However, if the auditing is done for different Acts in different Accounting Years, then a tax audit has to be conducted again for the relevant year under the Income Tax Act.
Those who are mandated to audit their account books have until September 30 to file their Income Tax Return (ITR). The audit report needs to be attached while e-filing your I-T Return.
Rules for Governing Tax Audit
The following points are of note with regard to Tax Audit:
- If you are involved in more than 1 business, you will be liable to audit your accounts if the total turnover of all your businesses is more than Rs. 1 crore.
- If you operate more than 1 profession, you have to audit your account books in case the gross receipts of all the professions cumulatively cross Rs. 50 lakh.
- If you run a business as well as a profession, then tax audit is not based on total turnover from both. If your business turnover is more than Rs. 1 crore then an audit is required for the business accounts, and if the gross receipts from your profession is more than Rs. 50 lakh then an audit of the profession accounts is needed. But if your business turnover is Rs. 90 lakh and your profession receipts are Rs. 40 lakh, then no audit is required for either accounts.
- If the turnover of your business or profession is below Rs. 1 crore or Rs. 50 lakh, but you have sold any fixed asset (such as vehicle, immovable property), the amount you gained from the sale will not be considered as part of your business or professional profits. Sale of the following items are excluded from calculation into total turnover/gross receipts of a businessperson or professional:
- Assets held as investment (e.g. shares, stocks, securities)
- Fixed assets
- Rental income
- Income from interest, that is not part of the business income
- Any expense reimbursed by the client
- Once the tax audit report is filed online, it cannot be revised. But if the accounts have been revised - for example, a company account revision after acceptance at the Annual General Meeting, change in law or change in interpretation of law - then the audit report that has been filed can also be changed. Reasons for change in audit report have to be explicitly mentioned while filing the revised report.
Created & Posted by Suraj
Accountant at TAXAJ
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