An Overview
Section 44AB specifies the certain categories of individuals or businesses that require Tax Audits by a chartered accountant in order to ensure compliance with the tax laws and to keep an eye on fraudulent tax practices on regular basis.
What is the Definition 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 Books of Accounts audited by a chartered accountant is known as Tax Audit.
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.
- 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: A field Audit is conducted in person by a tax auditor at the tax payer’s place of business or home. The tax auditor examines the taxpayer’s financial records and verifies the information reported on the Tax return.
- Office audit: An office audit is similar to a field audit, but it takes place at the tax authority’s office rather than the TAx payer’s Loaction.
- Correspondence Audit: This type of Audit is conducted through mail, the tax payer is asked to provide documentation to support the deductions or credit claimed in their tax return.
- Random Audit: A random audit is conducted randomly, without any specific reason or suspicion of noncompliance.
- Compliance Audit: A compliance audit is conducted to determine if the taxpayer is complying with all applicable tax laws and regulations.
- Limited Scope Audit: A limited scope audit focuses on a specific aspect of the taxpayer's tax return or financial records.
- Joint Audit: A joint audit is conducted by more than one tax authority, such as when the taxpayer operates in multiple jurisdictions.
What are The Main Objectives of Tax Audit?
Tax audits are conducted by tax authorities to ensure that taxpayers are complying with tax laws and regulations.
The Objectives of a tax audit include the followings:
- To verify the accuracy and completeness of the tax returns filed by the taxpayer.
- To identify any errors or omissions in the taxpayer's tax return that result in underpayment of taxes.
- To detect any instances of tax evasion or noncompliance with tax laws.
- To assess penalties and interest on any unpaid taxes or noncompliance with tax laws.
- To provide guidance to taxpayers on how to comply with tax laws in the future.
- To ensure that taxpayers are keeping adequate records to support their tax returns.
- To deter taxpayers from engaging in noncompliant behavior in the future.
- To promote fairness and equity in the tax system by ensuring that all taxpayers are treated equally under the law.
Overall, the objectives of tax audits are to ensure that taxpayers are meeting their obligations under the tax laws and to maintain the integrity of the tax system.
Frequently Asked Questions
If a person is required by or under any other law to get his accounts audited, then is it compulsory for him to once again get his accounts audited to comply with the requirements of section 44AB?
Person like company or cooperative society are required to get their accounts audited under their respective law. Section 44AB provides that, if a person is required by or under any other law to get his account audited, then he need not again get his account audited to comply with the requirements of section 44AB. In such a case, it shall be sufficient if such person gets the accounts of such business or profession audited under such law and obtains the report of the audit as required under such other law and also a report by a chartered accountant in the form prescribed under Section 44AB.
What are the Forms Nos.3CA/3CB and 3CD?
The report of the tax audit conducted by the chartered accountant is to be furnished in the prescribed form. The form prescribed for audit report in respect of audit conducted under section 44AB is Form No. 3CB and the prescribed particulars are to be reported in Form No. 3CD.
In case of persons covered under previous FAQ, i.e., who are required to get their accounts audited by or under any other law, the form prescribed for audit report is Form No. 3CA and the prescribed particulars are to be reported in Form No. 3CD.
What is the due date by which a taxpayer should get his accounts audited?
A person covered by section 44AB should get his accounts audited and should obtain the audit report on or before 30th September of the relevant assessment year, e.g., Tax audit report for the financial year 2022-23 corresponding to the assessment year 2023-24 should be obtained on or before 30th September, 2023.
The tax audit report is to be electronically filed by the chartered accountant to the Income-tax Department. After filing of report by the chartered accountant, the taxpayer has to approve the report from his e-fling account with Income-tax Department (i.e., at
https://www.incometax.gov.in/iec/foportal).
What is the penalty for not getting the accounts audited as required by Section 44AB?
According to Section 271B, if any person who is required to comply with Section 44AB fails to get his accounts audited in respect of any year(s) as required under section 44AB or furnish such report as required under Section 44AB, the Assessing officer may impose a penalty. The penalty shall be lower of the following :
A. 0.5% of Total Sales, turnover or gross receipts, as the case may be, in business, or of gross receipts in profession, in such year or years.
B. Rs.15,00,000.
However, According to Section 271B, no penalty shall be imposed if reasonable cause for such failure is proved.