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| + | ====== Tax Audit Under Section 44AB: Limits, Forms, Due Date and Penalty ====== | ||
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| + | <WRAP center round info 95%> | ||
| + | **Quick Reply:** Tax audit under Section 44AB explained: who needs it, Rs 1 crore and Rs 10 crore turnover limits, Rs 50 lakh profession limit, forms, due date and 271B penalty. | ||
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| + | A tax audit under Section 44AB of the Income-tax Act, 1961 is a check of your books of account by a Chartered Accountant. You need one if your business turnover crosses Rs 1 crore in the year, or Rs 10 crore when almost all your money moves through the bank, or if your professional gross receipts cross Rs 50 lakh. The CA files the report in Form 3CA or 3CB along with Form 3CD, normally by 30 September of the assessment year. | ||
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| + | ===== Quick threshold table ===== | ||
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| + | Use this table to see, at a glance, whether the audit rule touches you. Figures are for a single financial year. | ||
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| + | ^ Taxpayer type ^ Limit ^ Tax audit required? ^ | ||
| + | | Business (normal cash use) | Turnover over Rs 1 crore | Yes | | ||
| + | | Business (cash receipts and cash payments each 5% or less of the total) | Turnover over Rs 10 crore | Yes | | ||
| + | | Business (cash receipts and cash payments each 5% or less) | Turnover Rs 10 crore or below | No | | ||
| + | | Profession (doctor, lawyer, CA, architect and similar) | Gross receipts over Rs 50 lakh | Yes | | ||
| + | | Presumptive business under Section 44AD, profit shown below the deemed rate and total income above the basic exemption limit | Any turnover | Yes | | ||
| + | | Presumptive profession under Section 44ADA, profit shown below 50% and total income above the basic exemption limit | Any receipts | Yes | | ||
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| + | ===== Do you need a tax audit? A simple walk-through ===== | ||
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| + | Work through these questions in order. The first " | ||
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| + | - **Are you a professional? | ||
| + | - **Are you in business with heavy cash use?** If your turnover is more than Rs 1 crore, you need an audit. " | ||
| + | - **Are you a mostly digital business?** The Rs 1 crore limit rises to Rs 10 crore, but only if both tests are met: your cash receipts are 5% or less of all receipts, and your cash payments are 5% or less of all payments. If even one test fails, the Rs 1 crore limit applies again. | ||
| + | - **Did you opt for the presumptive scheme and then show a lower profit?** Under Section 44AD, for business, or Section 44ADA, for professions, | ||
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| + | If none of the above fits you, you generally do not need a tax audit for that year. When in doubt, ask a practising Chartered Accountant, because only a CA holding a valid certificate of practice can sign the report. | ||
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| + | ===== Which form and by when ===== | ||
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| + | The Chartered Accountant reports the audit in one of two forms, always paired with Form 3CD, which is the detailed statement of particulars about your accounts. | ||
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| + | ^ Your situation ^ Audit report form ^ Statement of particulars ^ | ||
| + | | Accounts already audited under another law, such as the Companies Act | Form 3CA | Form 3CD | | ||
| + | | Accounts audited only for income-tax purposes | Form 3CB | Form 3CD | | ||
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| + | **Due date.** The law sets a " | ||
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| + | ===== Penalty for skipping the audit ===== | ||
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| + | If you were required to get a tax audit but did not, or you filed the report late, Section 271B allows a penalty. The amount is the lower of these two: | ||
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| + | - 0.5% of your total sales, turnover or gross receipts, or | ||
| + | - Rs 1,50,000. | ||
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| + | The word used in the law is " | ||
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| + | A missed audit often travels with other trouble, like a notice asking why your return looks off. If you receive one, read our [[https:// | ||
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| + | ===== Frequently asked questions ===== | ||
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| + | ==== Is a tax audit the same as a GST audit or a statutory audit? ==== | ||
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| + | No. A tax audit under Section 44AB is only about income-tax compliance and is reported in Form 3CA or 3CB with Form 3CD. A company' | ||
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| + | ==== Who can carry out a tax audit under Section 44AB? ==== | ||
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| + | Only a Chartered Accountant who holds a valid certificate of practice can conduct and sign a tax audit report. A tax preparer, advocate or accountant without CA membership cannot sign the report for Section 44AB purposes. | ||
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| + | ==== My turnover is below Rs 1 crore. Can I still be forced into an audit? ==== | ||
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| + | Yes, in one common situation. If you had opted for the presumptive scheme under Section 44AD or 44ADA and then declare a profit lower than the deemed rate, and your total income is above the basic exemption limit, a tax audit becomes compulsory even though your turnover is small. | ||
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| + | ==== What happens if I file the audit report a few days late? ==== | ||
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| + | Late filing counts as a failure under Section 44AB and can attract the Section 271B penalty of 0.5% of turnover, capped at Rs 1,50,000. But if you have a genuine reasonable cause under Section 273B, you can ask the officer to drop the penalty. File as early as you can to avoid the argument altogether. | ||
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| + | ==== Does opting for the presumptive scheme always avoid an audit? ==== | ||
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| + | Not always. The presumptive schemes under Sections 44AD and 44ADA let you skip detailed books when you declare income at the set rate. The moment you declare less than that rate, while your total income is above the exemption limit, the audit requirement comes back. | ||
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| + | ===== Next steps ===== | ||
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| + | - Check your turnover or gross receipts for the financial year against the limits above. | ||
| + | - If you are close to a limit, speak to a Chartered Accountant well before September, not at the last minute. | ||
| + | - Keep your books, bank statements and digital-payment records ready so the CA can complete Form 3CD without delay. | ||
| + | - Confirm the current year's report and return due dates on the income-tax portal, since the CBDT can extend them. | ||
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| + | For a plain-language walk-through of how citizens use the law to hold offices accountable, | ||
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