CA Niteshkumar Delvadiya

Section  65.  Audit by tax authorities.- (1) Authority and Period of Audit: Ø   The Commissioner or any officer authorised by him, Ø   may undertake audit Ø   for such period, (year/ part of year / multiple years) Ø   at such frequency Ø   in such manner as may be prescribed. (2) Place of Audit: Ø   The officers Ø   may conduct audit Ø   at the place of business Ø   or in their office. (3) Notice for Audit: Ø   The registered person shall be informed by way of a notice (GST ADT – 01) Ø   not less than fifteen working days prior Ø   to the conduct of audit in such manner  as may be prescribed . (4) Time limit to complete audit: Ø   The audit shall be completed Ø   within a period of three months Ø   from the date of commencement of the audit: Ø     Ø   Provided  that Commissioner Ø   may extend the period Ø   for the reasons...

Section 74. Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised by reason of fraud or any willful- misstatement or suppression of facts.- (1) Proper office has evidence of tax not paid or input wrongly claimed: Ø   Where it appears to the proper officer that Ø   any tax - not paid / short paid / erroneously refunded Ø   or input tax credit - wrongly availed / utilised Ø   by reason of fraud, or any wilful-misstatement or suppression of facts to evade tax, Ø   he shall serve notice on the person Ø   requiring him to show cause Ø   as to why he should not pay the amount specified in the notice along with interest and penalty. (2) Time limit to issue notice: Ø   The proper officer Ø   shall issue the notice Ø   at least six months prior to issuance of order. (3) Officer may serve statement for other periods also: Ø   A notice has...