Gst - ( gst audit of branch of a private limited company )

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CA Priyank Nagori (Querist)
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22 January 2019 As per provision of section 35 (5) of CGST Act, every registered person whose turnover exceeds prescribed limit has to get his accounts audited by CA or CWA. I have following questions:
1) if accounts of the company as a whole is already audited and submitted to company registrar say on 11.09.2018, last date of filing audited accounts and annual return on gst portal is 31.03.2019, GST auditor of branch of the company and company auditor are different persons/firms and appointment of gst auditor is after 11.09.2018, then is it necessary for auditing branch accounts again by branch GST auditor or it is sufficient to prepare GSTR 9C with certificate by branch gst auditor?
2) If company audited accounts are sufficient compliance of section 35(5), then what is the meaning of " submitting audited accounts with gst annual return" in case of branch gst annaul return filing as it is distinct person, i.e. separate accounts is to be prepared for branch and get it attested by company auditor or uploading company audited accounts?
3) As per companies act, 2013, only CA can do audit then conducting audit by CWA is against companies act?

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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22 January 2019 1 GST audit is an additional requirement audit report to be filed in 9c along with GST annual return.
2 One GST auditor can do branch audit also.
3 GST Act provisions allowed CWA to do GST audit.

CA Priyank Nagori

CA Priyank Nagori (Querist)
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22 January 2019 But GSTR 9C is not audit report, it is a certificate. Secondly, as per requirement of section 35(5), they are asking for audited accounts, which can be done only by CA as per companies act. Thirdly, as accounts of company are already audited previously, my question is whether branch accounts are needed to be audited again by branch gst auditor as audited accounts are to be uploaded along with GST annual return.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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22 January 2019 GST 9C is GST audit report. For the purpose of 9c certificate GST audit to be done for branch. Yes agreed with you audit of accounts done by CA upload it.

CA Priyank Nagori

CA Priyank Nagori (Querist)
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22 January 2019 sir, which audited account need to be uploaded i.e. company audited annual accounts done by company auditor or need to prepare separate branch accounts and get it attested by company auditor.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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22 January 2019 You need to upload company audited annual accounts.

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