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TAX AUDIT UNDER 
SECTION 44AB OF 
INCOME TAX ACT,1961 
AISHWARYA P SARAF 
M.COM PART II (SEM III) 
ROLL.NO.9124
MEANING OF TAX AUDIT: 
Tax audit means an official examination 
and verification of financial accounts and 
records. It is required to be performed 
only by a Chartered Accountant u/s 44AB 
of the Income Tax Act,1961.
TAX AUDIT- HISTORY 
 1984-Tax Audit provisions introduced Memorandum explaining 
the provisions of the Finance Bill,1984: 
“the compulsory audit is intended to ensure proper maintenance 
of books of accounts& other records, in order to reflect the true 
income of the tax payer & to facilitate the administration of tax 
laws by a proper presentation of the accounts before the tax 
authorities. This would also save the time of the Assessing Officers 
considerably in carrying out the verification”
 1984- Tax Audit provisions introduced 
 1997- Tax Audit provisions applicable to 44AD 
 1999- All forms and rule 6G revised. Form 3CC and 3CE 
done away with 
 2003- Tax Audit provisions applicable to 44BB and 
44BBB 
 2004- All forms revised 
 2006- Form 3CD revised 
 2008- Requirement to furnish report with return done 
away with 
 2011- Cases of fake membership numbers 
 2013- E-filing of tax audit reports made mandatory
WHO IS REQUIRED TO GET TAX AUDIT 
DONE ? 
 An assessee is liable to get his tax audit done mandatorily, if 
in the previous year, 
 The person is carrying on the business & his total 
sales/Turnover exceeds Rs.1crore(limit increased w.e.f 1st 
April 2012) or 
 The person is carrying on profession and his gross receipts 
exceeds rs.25lkhs (limit increased w.e.f 1st April 2012), 
 The person is carrying on business or profession and is 
covered under the provisions of sec 44AD, 44AE,44AF,44BB 
or 44BBB and claims that his income from the said business 
is lower than the deemed profits and gains computed under 
the relevant section.
DUE DATE 
The due date of filing the Tax Audit Report 
under sec 44AB is 30th sep of the 
assessment year. However, for A.Y 2014- 
15 the due date for filing Tax Audit Report 
has been extended fro 30th 
September,2014 to 30th November, 2014.
TAX AUDIT E-FILING 
 As per notification no.34 dated 1st may 2013, e-filing of tax 
audit report is now mandatory from the assessment year 
2013.-14 onwards. 
 As per rule 6G, tax audit report is to be furnished in Form 
3CA & Form 3CB and the particulars required to be furnished 
along with these tax reports should be in Form 3CD.
 Form 3CA & Form 3CD – 
These forms are used in case where the accounts 
of the business or profession of a person have already 
been audited under any other law. 
 Form 3CB & Form 3CD-these 
forms are used in case where the accounts of 
the business or profession have not been audited 
earlier.
COMPUTATION OF TOTAL TURNOVER FOR THE 
PURPOSE OF TAX AUDIT 
 Where a person is carrying on 2 Business/2 Professions – the total turnover of 
both the businesses shall be clubbed together and tax audit shall be liable to be 
conducted if the Total Turnover exceeds Rs. 1 Crore/ Rs. 25 Lakhs as the case may 
be. 
 Where a person is carrying on business as well as profession and the Turnover of 
the business is Rs. 1.2 Crore and the Gross Receipts of the profession is Rs 22 
Lakhs. In such a case, ICAI has clarified through a Guidance Note that the Assessee 
is liable to get the Tax Audit done of both the business as well as profession 
because the Gross Receipts from the business exceed the limit of Rs. 1 Crore. 
However, if his Total Turnover was Rs. 95 Lakhs and Gross Receipts from business 
was Rs. 22 Lakhs, he would not be required to get his Tax Audit done.
 In case where a person has a total turnover of Rs. 98 Lakhs and has 
sold a Car for Rs. 8 Lakhs. In such a case, the total amount on 
adding up becomes Rs. 1.06 Lakhs i.e. above Rs. 1 Crore. Confusion 
arose whether the person is liable to get an audit done in this case 
and ICAI has clarified that the turnover will not include any amount 
on the sale of the fixed asset as it was held by the person for 
business use and not for the purpose of sale.
 ICAI has further clarified that the amount received 
from the following items shall not be included while 
computing the- 
 Total Sales/Total Turnover/ Gross Receipts:- 
 Sale Proceeds of Fixed Assets 
 Sale Proceeds of Assets held as Investments 
 Rental Income 
 Income by way of Interest unless assessable as Business 
Income 
 Any expense which is reimbursable to the Agent by the Client
PENALTY FOR NON COMPLIANCE OF SECTION 
44AB 
 Non Compliance of the provisions of this act shall attract 
Penalty under section 271B of the Income Tax Act. If any 
person required to get his audit done under section 
44AB fails to do so before the specified date shall be 
liable for penalty of ½% of the turnover/gross receipts 
subject to a maximum penalty of Rs. 1,50,000 
 However, Section 273B states that no penalty shall be 
levied under section 271B if there is a reasonable cause 
for such failure.
 Some instances which have been accepted by the 
Tribunals/Courts as “Reasonable Cause” are:- 
 Resignation of the Tax Auditor and Consequent Delay 
 Death or physical inability of the partner in charge of 
the Accounts 
 Labour Problems such as strikes, lock-outs for a long 
period 
 Loss of Accounts because of Fire/Theft etc. beyond 
the control of the Assessee 
 Natural Calamities
REVISION OF TAX AUDIT REPORT 
 Tax Audit Report e-filed cannot be revised under normal 
circumstances. However, in case the Accounts are revised in the 
following circumstances, the Audit Report e-filed can also be 
revised:- 
 Revision of Accounts of a Company after its adoption in the 
Annual General Meeting 
 Change in Law with Retrospective effect 
 Change in Interpretation of Law (E.g.: CBDT Circular, Notifications, 
Judgments etc.) 
In case the Tax Audit report e-filed is revised, the Auditor shall 
state that it’s a Revised Report and shall also state the reasons for 
the same.
LIMITATION ON CA’S FOR THE NUMBER 
OF TAX AUDITS / CEILING LIMIT 
 The Maximum no. of Tax Audit Assignments under Section 44AB 
which can be taken by a CA has been increased from 45 to 60 by 
the ICAI Council in its 331st meeting held from 10th to 12th Feb 
2014. 
 Thus if a firm has 4 partners, the maximum no. of Tax Audits that 
can be taken by a firm in an assessment year would be 60*4=240. 
If the Firm undertakes all the 240 Tax Audit Assignments, the 
partners would not be in a position to undertake any tax audit 
assignment in their personal capacity. Now that tax audit efiling is 
mandatory, the chartered accountant conducting the tax audit 
would also be required to prepare the tax audit report in electronic 
format.
THANK YOU !!!

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Tax Audit under section 44AB of Income Tax Act,1961

  • 1. TAX AUDIT UNDER SECTION 44AB OF INCOME TAX ACT,1961 AISHWARYA P SARAF M.COM PART II (SEM III) ROLL.NO.9124
  • 2. MEANING OF TAX AUDIT: Tax audit means an official examination and verification of financial accounts and records. It is required to be performed only by a Chartered Accountant u/s 44AB of the Income Tax Act,1961.
  • 3. TAX AUDIT- HISTORY  1984-Tax Audit provisions introduced Memorandum explaining the provisions of the Finance Bill,1984: “the compulsory audit is intended to ensure proper maintenance of books of accounts& other records, in order to reflect the true income of the tax payer & to facilitate the administration of tax laws by a proper presentation of the accounts before the tax authorities. This would also save the time of the Assessing Officers considerably in carrying out the verification”
  • 4.  1984- Tax Audit provisions introduced  1997- Tax Audit provisions applicable to 44AD  1999- All forms and rule 6G revised. Form 3CC and 3CE done away with  2003- Tax Audit provisions applicable to 44BB and 44BBB  2004- All forms revised  2006- Form 3CD revised  2008- Requirement to furnish report with return done away with  2011- Cases of fake membership numbers  2013- E-filing of tax audit reports made mandatory
  • 5. WHO IS REQUIRED TO GET TAX AUDIT DONE ?  An assessee is liable to get his tax audit done mandatorily, if in the previous year,  The person is carrying on the business & his total sales/Turnover exceeds Rs.1crore(limit increased w.e.f 1st April 2012) or  The person is carrying on profession and his gross receipts exceeds rs.25lkhs (limit increased w.e.f 1st April 2012),  The person is carrying on business or profession and is covered under the provisions of sec 44AD, 44AE,44AF,44BB or 44BBB and claims that his income from the said business is lower than the deemed profits and gains computed under the relevant section.
  • 6. DUE DATE The due date of filing the Tax Audit Report under sec 44AB is 30th sep of the assessment year. However, for A.Y 2014- 15 the due date for filing Tax Audit Report has been extended fro 30th September,2014 to 30th November, 2014.
  • 7. TAX AUDIT E-FILING  As per notification no.34 dated 1st may 2013, e-filing of tax audit report is now mandatory from the assessment year 2013.-14 onwards.  As per rule 6G, tax audit report is to be furnished in Form 3CA & Form 3CB and the particulars required to be furnished along with these tax reports should be in Form 3CD.
  • 8.  Form 3CA & Form 3CD – These forms are used in case where the accounts of the business or profession of a person have already been audited under any other law.  Form 3CB & Form 3CD-these forms are used in case where the accounts of the business or profession have not been audited earlier.
  • 9. COMPUTATION OF TOTAL TURNOVER FOR THE PURPOSE OF TAX AUDIT  Where a person is carrying on 2 Business/2 Professions – the total turnover of both the businesses shall be clubbed together and tax audit shall be liable to be conducted if the Total Turnover exceeds Rs. 1 Crore/ Rs. 25 Lakhs as the case may be.  Where a person is carrying on business as well as profession and the Turnover of the business is Rs. 1.2 Crore and the Gross Receipts of the profession is Rs 22 Lakhs. In such a case, ICAI has clarified through a Guidance Note that the Assessee is liable to get the Tax Audit done of both the business as well as profession because the Gross Receipts from the business exceed the limit of Rs. 1 Crore. However, if his Total Turnover was Rs. 95 Lakhs and Gross Receipts from business was Rs. 22 Lakhs, he would not be required to get his Tax Audit done.
  • 10.  In case where a person has a total turnover of Rs. 98 Lakhs and has sold a Car for Rs. 8 Lakhs. In such a case, the total amount on adding up becomes Rs. 1.06 Lakhs i.e. above Rs. 1 Crore. Confusion arose whether the person is liable to get an audit done in this case and ICAI has clarified that the turnover will not include any amount on the sale of the fixed asset as it was held by the person for business use and not for the purpose of sale.
  • 11.  ICAI has further clarified that the amount received from the following items shall not be included while computing the-  Total Sales/Total Turnover/ Gross Receipts:-  Sale Proceeds of Fixed Assets  Sale Proceeds of Assets held as Investments  Rental Income  Income by way of Interest unless assessable as Business Income  Any expense which is reimbursable to the Agent by the Client
  • 12. PENALTY FOR NON COMPLIANCE OF SECTION 44AB  Non Compliance of the provisions of this act shall attract Penalty under section 271B of the Income Tax Act. If any person required to get his audit done under section 44AB fails to do so before the specified date shall be liable for penalty of ½% of the turnover/gross receipts subject to a maximum penalty of Rs. 1,50,000  However, Section 273B states that no penalty shall be levied under section 271B if there is a reasonable cause for such failure.
  • 13.  Some instances which have been accepted by the Tribunals/Courts as “Reasonable Cause” are:-  Resignation of the Tax Auditor and Consequent Delay  Death or physical inability of the partner in charge of the Accounts  Labour Problems such as strikes, lock-outs for a long period  Loss of Accounts because of Fire/Theft etc. beyond the control of the Assessee  Natural Calamities
  • 14. REVISION OF TAX AUDIT REPORT  Tax Audit Report e-filed cannot be revised under normal circumstances. However, in case the Accounts are revised in the following circumstances, the Audit Report e-filed can also be revised:-  Revision of Accounts of a Company after its adoption in the Annual General Meeting  Change in Law with Retrospective effect  Change in Interpretation of Law (E.g.: CBDT Circular, Notifications, Judgments etc.) In case the Tax Audit report e-filed is revised, the Auditor shall state that it’s a Revised Report and shall also state the reasons for the same.
  • 15. LIMITATION ON CA’S FOR THE NUMBER OF TAX AUDITS / CEILING LIMIT  The Maximum no. of Tax Audit Assignments under Section 44AB which can be taken by a CA has been increased from 45 to 60 by the ICAI Council in its 331st meeting held from 10th to 12th Feb 2014.  Thus if a firm has 4 partners, the maximum no. of Tax Audits that can be taken by a firm in an assessment year would be 60*4=240. If the Firm undertakes all the 240 Tax Audit Assignments, the partners would not be in a position to undertake any tax audit assignment in their personal capacity. Now that tax audit efiling is mandatory, the chartered accountant conducting the tax audit would also be required to prepare the tax audit report in electronic format.