65. Audit by tax authorities
(1) The Commissioner or any officer authorised by him, by way of a
general or a specific order, may undertake audit of any registered person for
such period, at such frequency and in such manner as may be prescribed.
(2) The officers referred to in sub-section (1) may conduct audit at the
place of business of the registered person or in their office.
(3) The registered person shall be informed by way of a notice not less
than fifteen working days prior to the conduct of audit in such manner as
may be prescribed.
(4) The audit under sub-section (1) shall be completed within a period
of three months from the date of commencement of the audit :
Provided that where the Commissioner is satisfied that audit in respect
of such registered person cannot be completed within three months, he may,
for the reasons to be recorded in writing, extend the period by a further
period not exceeding six months.
Explanation.––For the purposes of this sub-section, the expression
“commencement of audit” shall mean the date on which the records and other
documents, called for by the tax authorities, are made available by the
registered person or the actual institution of audit at the place of business,
whichever is later.
(5) During the course of audit, the authorised officer may require the
registered person,––
(i) to afford him the necessary facility to verify the books of account
or other documents as he may require ;
(ii) to furnish such information as he may require and render
assistance for timely completion of the audit.
(6) On conclusion of audit, the proper officer shall, within thirty days,
inform the registered person, whose records are audited, about the findings,
his rights and obligations and the reasons for such findings.
(7) Where the audit conducted under sub-section (1) results in detection
of tax not paid or short paid or erroneously refunded, or input tax credit
wrongly availed or utilised, the proper officer may initiate action under
section 73 or section 74.
66. Special audit.
(1) If at any stage of scrutiny, inquiry, investigation or any other
proceedings before him, any officer not below the rank of Assistant
Commissioner, having regard to the nature and complexity of the case and
the interest of revenue, is of the opinion that the value has not been correctly
declared or the credit availed is not within the normal limits, he may, with
the prior approval of the Commissioner, direct such registered person by a
communication in writing to get his records including books of account
examined and audited by a chartered accountant or a cost accountant as may
be nominated by the Commissioner.
(2) The chartered accountant or cost accountant so nominated shall,
within the period of ninety days, submit a report of such audit duly signed
and certified by him to the said Assistant Commissioner mentioning therein
such other particulars as may be specified :
Provided that the Assistant Commissioner may, on an application made
to him in this behalf by the registered person or the chartered accountant or
cost accountant or for any material and sufficient reason, extend the said
period by a further period of ninety days.
(3) The provisions of sub-section (1) shall have effect notwithstanding
that the accounts of the registered person have been audited under any other
provisions of this Act or any other law for the time being in force.
(4) The registered person shall be given an opportunity of being heard
in respect of any material gathered on the basis of special audit under subsection (1) which is proposed to be used in any proceedings against him under this Act or the rules made thereunder.
(5) The expenses of the examination and audit of records under subsection (1), including the remuneration of such chartered accountant or cost
accountant, shall be determined and paid by the Commissioner and such
determination shall be final.
(6) Where the special audit conducted under sub-section (1) results in
detection of tax not paid or short paid or erroneously refunded, or input tax
credit wrongly availed or utilised, the proper officer may initiate action under
section 73 or section 74.
