1. Under what circumstances TAX AUDIT REPORT U/S.44 AB of a Sole Proprietorship can be revised ?
2.If after filing I.T returns & TAX AUDIT REPORT,any changes in financials (Say Sales & Purchases) was found , What is the Steps to be taken for Revision of TAX AUDIT REPORT already filed ? What is the Legal Consequences for AUDITOR ?
02 December 2014
Who has found it out? Auditor OR Assessee? Make a distinction between accounts writing and auditing. If client has found out that some sales/purchases are not recorded in the books of accounts; that has been given by him to his auditor for AUDIT....Auditor has very little risk in it except of course, "mistake apparent from record" TAX audit report is NOT supposed to be revised.
Assessee has found that some of the Purchases Bills has not been considered in Books and has not been provided for Audit.Later after filing Returns, he has informed to the Auditor.Now what are the Steps to be taken by the Auditor ?
02 December 2014
Take a "management letter"/ declaration from the assessee to that effect covering the entire RISK. Make a "supplement" to the ORIGINAL audit report and send it to the jurisdictional Assessing Officer.
By taking the Management representation Letter,Can we revise the Tax Audit Report & do e-filing (3 CB & CD) enclosing the revised financials along with the MANAGEMENT REPRESENTATION LETTER?
02 December 2014
No, that is the problem. We can upload only once for the financial year. That is why I said, send it to Jurisdictional Assessing Officer. This being EXCEPTIONAL case, SOP is NOT laid down. It is a judgement oriented call. We need to do such a thing which will in addition to protecting clents interest, shall NOT waive out TRUTH and FAIRNESS of audit.
As per ICAI guidance note on Tax Audit report, Circumstances for revision of Tax Audit Report is given as follows :
"sometimes a member may be required to revise his tax audit report ongrounds such as: (i) revision of accounts of a company after its adoption in annual general meeting. (ii) change of law e.g., retrospective amendment. (iii) change in interpretation, e.g. CBDT Circular, judgements, etc"
What is the implication of the Fisrt ( (i) as above) ground on Sole Proprietorship. The Books has been revised and the Sole Proprietor has given Management Representation Letter with respect to the Changes. Can the Auditor revise on this ground?