Tax Audit

As India follows self-assessment method to assess income and taxes payable by a person, it is the responsibility of the person to follow all the rules prescribed under the Act. Tax Audit Service is a mechanism by which the Income Tax department would enforce the law effectively through an independent agency by ensuring that income declared in the return is accurate

A tax audit is the careful analysis of an individual or business entity's financial and tax records to ensure compliance with tax laws and regulations. The purpose of a tax audit is to verify that the tax returns filed by the taxpayer are accurate and complete and that the taxpayer has paid the appropriate amount of tax owed.

Criteria for Eligibility of Tax Audit

Gross receipts: The gross receipts of a business may be used as a criterion for tax audit eligibility. This is often used for smaller businesses or self-employed individuals.

Profits: In some cases, tax audit for companies becomes mandatory if their profits exceed a certain threshold. This is often used as a criterion for large corporations.

Type of business: Certain types of businesses are more likely to undergo a tax audit. For example, businesses that deal in cash transactions or have a high rate of non-compliance are subject to more frequent audits.

Applicability of Tax Audit as per Income Tax Act, 1961

Business Turnover: An income tax audit is mandatory if a business opts for presumptive taxation under 44AD and has yearly turnover more than Rs. 2 Cr.

Also, if a business entity which is covered under 44AD, 44AE, 44AF, 44BB, 44BBB declares its profit as a certain percentage of turnover, which is below the prescribed limit and its income exceeds the basic exemption limit , it is applicable for tax audit.

If any business that does not opt for a presumptive taxation scheme and its sales and turnover exceed more than Rs. 1 Cr, it is applicable for tax audit. If the cash transactions are up to 5% of the total gross payments, then the threshold limit is increased up to Rs 10 Cr from FY 2021-22.

If a business entity declares profit as per presumptive taxation scheme under 44AD and its income is within maximum non taxable amount for 5 consecutive years, then the entity is eligible for income tax audit.

If a business incurs loss with a sale of above 1 Cr and does not go for presumptive taxation scheme, then it should be audited. When a business incurs a loss with an income which is more than the income declared in presumptive taxation scheme 44AD , it must also be audited.

Professional Receipts: A tax audit is required if the receipts of a professional exceed Rs. 50 lakhs in a financial year, increased to Rs. 75 Lakhs from FY 2023-24.

If a profession which is eligible under 44DA, claims profit below the prescribed limit as per mention scheme , then the person should go through income tax audit process.

Section 10(23C) Entities: Entities that are registered under Section 10(23C) of the Income Tax Act, 1961, and whose annual receipts exceed Rs. 5 crore, require the services of a statutory audit firm.

Section 11 Trusts: A tax audit is also mandatory for trusts registered under Section 12A whose annual receipts exceed the maximum non-taxable amount.

Threshold limit: The threshold limit for tax audits has increased from Rs. 5 crores to Rs. 10 crores for businesses with less than 5% cash transactions.

Penalty: The penalty for non-compliance with tax audit rules has been increased from 0.5% to 0.75% of the turnover or gross receipts.

Extension of due date: The due date for tax audits has been extended to 31st January of the assessment year.

Reporting requirements: The tax audit report must now include additional information such as details of international transactions, tax demands and refunds.

Consequences of Non-Compliance with Tax Audit

Prosecution: Failure to comply with a tax audit can result in legal action against the taxpayer, which may include fines and penalties, and in some cases, imprisonment.

Increased scrutiny: Non-compliance with a tax audit can also result in increased scrutiny from tax authorities in the future. This may result in more frequent audits, investigations, and penalties.

Damage to reputation: Tax audit non-compliance can also damage the taxpayer's reputation and credibility in the eyes of tax authorities and the public.

Interest on unpaid taxes: If the audit reveals that the taxpayer owes additional taxes, interest on the unpaid taxes may be imposed, resulting in additional costs to the taxpayer.

Penalty for Non-Compliance

Late Filing Penalty: Late filing penalty is applied for filing tax returns after the due date. The penalty amount varies based on the number of days late.

Late Payment Penalty: This is a penalty for not paying the tax owed by the due date. The penalty amount is usually a percentage of the unpaid tax.

Fraud Penalty: A fraud penalty is a penalty for intentionally failing to report income or claiming false deductions. The penalty amount can be up to 75% of the underpaid tax.

Criminal Penalties: In some cases, non-compliance with tax audits can result in criminal charges, including fines and imprisonment.

Verification of Tax Returns: One of the primary objectives of tax audit services is to verify the accuracy of tax returns filed by taxpayers so that they do not have to face any legal consequences.

Identification of Discrepancies: Another important objective of a tax audit is to identify any discrepancies or inconsistencies in the taxpayer's financial statements or tax returns and rectify them on time.

Detection of Tax Evasion: A tax audit is also aimed at detecting any attempts by the taxpayer to evade or avoid paying taxes. This can include examining the taxpayer's business operations, transactions, etc.

Improvement of Internal Controls: A tax audit can help identify weaknesses in the taxpayer's internal controls and accounting systems. This can allow the taxpayer to ensure future compliance with tax laws and regulations.

BC Shetty & Co has been offering tax audit consulting services to customers for quite a while now. We are now a part of the International Accounting Association and follow all the quality standards while offering our services to the customers. You can also contact us for bookkeeping services.

We only hire qualified accountants who are highly experienced at llp registration and other accounting services and they will offer you the exact services as per your requirements. All our files are peer-reviewed by our partners to reduce the chances of any kind of errors. We will also provide you with a standard audit report per your requirements.