Section 65 of the CGST Act: A Comprehensive Guide to GST Audits by Tax Authorities



Quick Summary
Section 65 of the CGST Act empowers tax authorities to conduct audits of registered persons to ensure compliance with GST provisions. The audit process involves notifying the taxpayer at least 15 working days in advance, with a general timeframe for completion of three months, extendable by six months. During the audit, taxpayers must provide necessary facilities and information. Findings are communicated within 30 days, and if discrepancies like unpaid tax or incorrect ITC claims are found, further action under Sections 73 or 74 may be initiated.

Under Goods Services Tax (GST), audit is defined under Section 2(13). Today, we will analyze one of the actions under GST Law; Section 65-where audits are carried out by tax authorities as mentioned in Section 61. This article provides a detailed exploration of Section 65, including its text, key
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FAQ :

Section 65 of the CGST Act grants the Commissioner or an authorised officer the power to conduct audits of registered persons to verify compliance with GST laws, including tax payments, refunds, and input tax credit.

Taxpayers are informed about an upcoming audit at least fifteen working days prior to its commencement, typically through a notice in Form GST ADT-01.

A GST audit should generally be completed within three months from its commencement date. However, the Commissioner can extend this period by a further six months if necessary, with written justification.

Upon conclusion, the proper officer must inform the registered person of the audit findings, their rights and obligations, and the reasons for the findings within thirty days, usually via Form GST ADT-02.

If the audit uncovers unpaid tax, short-paid tax, erroneous refunds, or wrongly availed input tax credit, the proper officer may initiate proceedings under Section 73 or Section 74 of the CGST Act.

During an audit, tax authorities can request to verify or inspect documents such as sales/purchase invoices, debit/credit notes, stock registers, ITC and output tax registers, and records of advance receipts and payments.


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About the Author

Practice

Greetings to Everyone, I am Bhavik Hansa Prakash Chudasama, a Practicing Chartered Accountant based in Thane, Maharashtra, and the proprietor ofBhavik Chudasama Co., Chartered Accountants. With over a decade of experience in the industry since 2009, I specialize in the following areas: Taxation: VAT, Income Tax Re ... Read more


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