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Published: September 25, 2023
Updated: September 25, 2023
As the peak period for Income Tax Audit season unfolds, professionals such as Chartered Accountants, Tax Advocates, Tax Practitioners, and Accountants find themselves inundated with the task of filing Tax Audit Reports. The deadline for submitting Tax Audit Reports for Assessment Year 2023-24 is set for September 30, 2023, with the due date for Income Tax Return filings in audit cases following on October 31, 2023. Interestingly, the Income Tax Portal has been surprisingly stable and efficient, with minimal user glitches. Nevertheless, a significant clamor for a 15-day extension of the Tax Audit Report deadline for the fiscal year 2022-23 is emerging due to heightened workload.
While the demand for an extension is robust, the likelihood of such an extension remains uncertain. The professional community is divided, with some advocating for more time and others opposing any deadline extension. Each camp presents its unique rationale, leaving the final decision uncertain. New technical issues with the e-filing portal could potentially sway the Central Board of Direct Taxes (CBDT) towards granting an extension for the tax audit due date.
Section 44AB outlines the requirements for taxpayers obligated to have their financial records audited by a chartered accountant. The primary goal of this audit, as stipulated in the section, is to validate compliance with various provisions of the Income-tax Law and ensure adherence to its requirements. The audit, carried out by a chartered accountant, is referred to as a tax audit and serves a crucial purpose in the taxation process.
Chartered accountants conducting tax audits are required to submit their findings and related information through an audit report. This tax audit report must be filed using Form Nos. 3CA/3CB and 3CD, with the final date set for September 30, 2023. Beyond fulfilling the reporting obligations outlined in Form Nos. 3CA/3CB and 3CD, a comprehensive tax audit plays a vital role in ensuring accurate financial record-keeping and compliance with tax regulations. It verifies the accurate representation of a taxpayer's income and the substantiation of deduction claims. Moreover, tax audits are instrumental in detecting and preventing fraudulent activities.
Tax audits also streamline the administration of tax laws by presenting financial accounts in a precise and organized manner to tax authorities. This efficiency optimizes the work of Assessing Officers, allowing them to focus on critical investigative aspects and reduce time spent on routine verifications, such as confirming totals and validating transactions.
Section 271B states that failure to comply with section 44AB, which mandates tax audits, can result in penalties. The penalty may be either 0.5% of total sales, turnover, or gross receipts (whichever is applicable), or Rs. 1,50,000, depending on the lower amount. However, no penalty is imposed if a reasonable cause for the failure to comply is demonstrated.
Section 44AB mandates audits for specific categories of taxpayers, including businesses
with total sales, turnover, or gross receipts exceeding Rs. 1 crore. Certain exceptions apply,
particularly for those opting for the presumptive taxation scheme under section 44AD.
The countdown to the Income Tax Audit Report deadline is underway, with calls for a
deadline extension gaining momentum. The tax professional community remains divided on
the matter. Nevertheless, the importance of tax audits in ensuring compliance, accurate
financial records, and fraud prevention cannot be understated. As the days tick away, the
fate of the deadline extension remains uncertain, leaving tax professionals and taxpayers on
the edge as they race to meet their obligations.
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