Tax audit for an assessee for whom TP is applicable.

Tax audit and Transfer pricing was done for the assessee till AY 19-20. For AY 20-21, the turnover is below 5cr and cas receipts is below 5%. However, Form 3CEB is to be filed as Transfer pricing is applicable to them. Please tell me whether it is mandatory to do tax audit for them?

Thanks in advance.
Replies (5)
Quick Summary
This discussion explores whether a tax audit is mandatory for an assessee who needs to file Form 3CEB due to transfer pricing applicability, even if their turnover is below the typical threshold for AY 20-21. While turnover limits for tax audits have increased, the requirement for Form 3CEB under Section 92E remains. The consensus suggests that while Form 3CEB is based on audited figures, a mandatory tax audit might not be required solely based on transfer pricing rules if other conditions are met.

Originally posted by : Bhavya Antony
Tax audit and Transfer pricing was done for the assessee till AY 19-20. For AY 20-21, the turnover is below 5cr and cas receipts is below 5%. However, Form 3CEB is to be filed as Transfer pricing is applicable to them. Please tell me whether it is mandatory to do tax audit for them? Thanks in advance.

Yes tax audit would definitely be required as turnover is above 1cr.

But sir, the turnover limit has been changed for AY 20-21 right? if it below 5cr and cash receipts is below 5%, they won't come under tax audit purview ryt?

Turnover limits for tax audit has been increased vide amendment in section 44Ab.

However 3CEB is filled under Section 92E which requires disclosure of international and specified domestic transactions. 

So form 3CEB is filled along with tax audits so long

 

However tax audit is not mandatory as per the detailed analysis of Section 92E read with Rule 10E but 3CEB will be issued based on the audited figures only .    

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