Audit

58 Audit |Rule: 46 Form: 37 The Commissioner may serve on any person in the prescribed manner a notice informing him that an audit of his business affairs shall be performed and where applicable, that an assessment already concluded under this Act may be reopened. Explanation.- A notice may be served notwithstanding the fact that the person may already have been assessed under sections 31, 32 or 33 of this Act. A notice served under sub-section (1) of this section may require the person on whom it is served, to appear on a date and place specified therein, which may be at his business premises or at a place specified in the notice, to either attend and produce or cause to be produced the books of accounts and all evidence on which the dealer relies in support of his returns (including tax invoices, if any), or to produce such evidence as is specified in the notice. The person on whom a notice is served under sub-section (1) shall provide all co-operation and reasonable assistance to the Commissioner as may be required to conduct the proceedings under this section at his business premises. The Commissioner shall, after considering the return, the evidence furnished with the returns, if any, the evidence acquired in the course of the audit, if any, or any information otherwise available to him, either — (a) confirm the assessment under review; or (b) serve a notice of the assessment or re-assessment of the amount of tax, interest and penalty if any pursuant to sections 32 and 33 of this Act. Any assessment pursuant to an audit of the person’s business affairs shall be without prejudice to prosecution for any offence under this Act. 58A '[58A Special Audit |Rule: Nil | Form: Nil | ?[(1) If the Commissioner, having regard to,- (a) the nature and complexity of the business of a dealer; or (b) _ the interest of the revenue; or (c) volume of accounts; or (dq) doubts about the correctness of the accounts; or (e) multiplicity of transactions in the accounts, or (f) — specialised nature of business activity; or (g) non-production of all records and accounts; or (h) non-filing of audit report under section 49 of this Act; or (i) any other reason. is of the opinion that it is necessary so to do, he may direct the dealer by a notice in writing to get his records including books of accounts, examined and audited by an accountant or a panel of accountants or any other professional or panel of professionals nominated by the Commissioner in this behalf and to furnish a report of such examination and audit in the format that he may specify, duly signed and verified by such accountant or panel of accountants or professional or panel of professionals and setting forth such particulars as may be specified. ] ' Section 58A inserted vide No. F.14(6)/LA-2005/112, dated 28.03.2005 w.e.f. 01.04.2005. * Substituted vide DVAT (Amendment) Act, 2013 (05 of 2013); No.F.14(5)/LA-2013/ com.2law/65, dated 9.9.2013 read with No.F.3(14)/Fin.(Rev.-1)/2013-14/dsVI/703, dated 11.9.2013 w.e.f. 12.09.2013; earlier read as, “(1) If, #/***/7 the Commissioner, having regard to the nature and complexity of the business of a dealer and the interest of the revenue, is of the opinion that it is necessary so to do, he may direct the dealer by a notice in writing to get his records including books of accounts, examined and audited by an accountant or a panel of accountants or any other professional or panel of professionals nominated by the Commissioner in this behalf and to furnish a report of such examination and audit in the format that he may specify, duly signed and verified by such accountant or panel of accountants or professional or panel of professionals and setting forth such particulars as may be specified.” # Omitted the words “at any stage of the proceeding under this Act,” vide notification No. F.14(13)/LA-2012/cons2law/179 dated 28.12.2012 read with No.F.3(9)/Fin.(Rev.-1)/2012- 13/dsvi/34-39, dated 15.01.2013 w.e.f. 16.01.2013. 59 '[(2) The provision of sub-section (1) shall have effect notwithstanding that the accounts of the dealer have been audited under any other provision of this Act or any other law for the time being in force or otherwise. ] Every report under sub-section (1) shall be furnished by the dealer to the Commissioner within such period as may be specified by the Commissioner: PROVIDED that the Commissioner may, on an application made in this behalf by the dealer and for any good and sufficient reason, extend the said period by such further period or periods as he thinks fit: PROVIDED FURTHER that the aggregate of the period originally fixed and the period or periods so extended shall not, in any case, exceed one hundred eighty days from the date on which the direction under sub-section (1) is recetved by the dealer. *1(4) The expenses of, and incidental to, the examination and audit of records under sub-section (1), (including the remuneration of the accountant or a panel of accountants or professional or panel of professionals) shall be determined and paid by the Commissioner and that determination shall be final. ]