অডিট

(1) The Board or any authority under the Board with the approval of the Board may in the manner prescribed by the Board, select returns for audit among the returns or revised returns filed under section 180 and forward the same to the concerned Commissioner of Taxation for the purpose of audit.

(2) Within not more than 7 (seven) working days from the date of receipt of the list of returns selected for audit, the Commissioner of Taxes shall, by order, appoint the inquiry team, audit team and audit curator for each audit case and on the day of signing such order shall send to all concerned inquiry team, audit team, audit curator and Deputy Commissioner

of Taxes.

(3) The Deputy Commissioner of Taxes shall, within not more than 7 (seven) working days of the receipt of the order issued under sub-section (2), issue a notice to the taxpayer concerned informing him of the audit and shall send a copy of such notice to the inquiry team concerned.

(4) Every inspecting team—

(a)   collect information about the taxpayer's income, expenditure, assets, liabilities, transactions, financial statements and other records, public records, and related party information of the taxpayer, etc. by conducting an inquiry;

(b)   submit an inquiry report to the Audit Curator with detailed verification and confirmation of the existence and nature of the source of income of the taxpayer;

(c)   within 60 (sixty) days of receipt of the notice sent under sub-section (3) shall submit the inquiry report to the Deputy Commissioner of Taxes concerned and shall file a copy of such report with the Audit Curator; and

(d)   In case of failure to submit the report within the period mentioned in Clause (c), the concerned Deputy Commissioner of Taxes may apply for extension of time and the concerned Deputy Commissioner of Taxes may extend the time up to a maximum of 60 (sixty) days.

(5) After submission of the inquiry report, the audit team shall conduct audit activities following the audit manual and guidelines prepared by the Board, and

(a)   check compliance with all applicable provisions under this Act and other relevant laws;

(b)   Perform the following functions through field inspection, namely: -

(i)    verification of any information submitted or submitted by the taxpayer;

(ii)  collect and verify invoices, receipts and payment documents, purchase and sale agreements and other documents, any other information issued or received by any credential, client, customer or supplier;

(iii)          an understanding of the accounting and management information systems employed by the taxpayer;

(iv) collection of other relevant evidence, of whatever nature or kind;

(c)   examine any statement or record relating to income, expenditure, assets or liabilities;

(d)   verifying the nature and authenticity of transactions;

(e)   re-verify the inquiry report filed under subsection (4);

(f)    interview any person who is or may be related to the taxpayer;

(g)   direct the taxpayer to submit a written statement of any facts and figures;

(h)   collect and analyze relevant aggregate data, market data, financial data and, where applicable, taxpayer lifestyle data.

(6) The audit team shall forward the draft audit report to the taxpayer and shall receive written explanation from him.

(7) The audit team shall submit the audit report to the Audit Curator within a period not exceeding 300 (three hundred) days from the date of submission of the inquiry report under sub-section (4) and the report shall include the following matters –

(a)   a statement regarding the detailed verification and confirmation of the source of income, assets and liabilities of the taxpayer and their nature, including the report of the audit team;

(b)   a statement of compliance with all applicable provisions of this Act;

(c)   the areas of improvement in compliance with the provisions of the Act and, where applicable, comments on the taxpayer's internal controls;

(8) no later than 7 (seven) working days of the submission of the report by the Audit team, the Audit Curator shall—

(a)   recommend to the Commissioner of Taxes for completion of the audit proceedings after being satisfied with the following matters, namely: -

(i)    compliance with this Act and all information relating to the income, expenditure and assets of the taxpayer as per the audit report received are duly reflected in the return or revised return of the taxpayer; and

(ii)  there is no possibility of any additional tax claim from the taxpayer;

(b)   Authorize the Deputy Commissioner of Taxes to carry out the audit if it appears from the audit report received that-

(i)    compliance with this Act and all information relating to the income, expenditure and assets of the taxpayer as per the audit report received are not properly reflected in the return or revised return of the taxpayer; or

(ii)  any other proceedings should be taken against the taxpayer.

(9) The Commissioner of Taxes, on receipt of the recommendation from the Audit Curator, shall consider the case and render an appropriate decision not later than 7 (seven) working days from the date of receipt of the recommendation.

(10) No later than 7 (seven) working days after receiving approval from the Audit Curator, the Deputy Commissioner of Taxes, shall—

(a)   send the audit report to the taxpayer and issue a notice directing the taxpayer to file a revised return reflecting the findings of the audit, and to pay the tax and other applicable amounts assessed on the basis of the revised return on or before the date of filing the revised return; and

(b)   Conduct any other proceedings as directed by the Audit Curator.

(11) If the revised return is filed by the taxpayer and the Deputy Commissioner of Taxes is satisfied that the findings mentioned in the audit report are duly reflected in the revised return and that the tax and other applicable sums have been fully paid in accordance with the provisions of sub-section (10), he may accept the revised return and send a letter to the taxpayer stating that the audit has been completed.

(12) Where after serving notice under sub-section (10) no revised return has been filed or the revised return which has been filed does not reflect the results of the audit, or in compliance with the provisions of sub-section (10) tax or other applicable portion is not paid, the Deputy Commissioner of Taxes may assess the tax under section 183 or 184, as applicable.

(13) No tax shall be assessed under sub-section (12) unless—

(a)   the investigation and audit phase completes;

(b)   the taxpayer is notified of the audit report; and

(c)   the taxpayer fails to file the revised return in compliance with the notice sent under sub section (10); or the taxpayer files the revised return in compliance with the notice sent under sub-section (10) but fails to reflect the findings of the audit and fails to pay tax and other applicable levies as per the findings of the audit.

(14) Except in the cases mentioned below, if any return or revised return filed under section 180 for a tax year shows a total income of at least 15% (fifteen percent) more than the total income of the immediately preceding tax year, the said return shall be audited under sub-section (1). Cannot be selected for, namely:

(a) return or revised return of any bank, insurance, or finance company;

(b) any such return or amended return in support of which no bank statement has been filed in support of taking any type of loan from any source other than banks and finance companies totaling 5 lakh taka in the relevant year;

(c) any return or amended return showing total or partial tax-exempt income;

(d) any return or amended return showing such income to which the reduced rate of tax is applicable

(e) any return or amended return in respect of which refund of tax is claimed or refund of tax is created;

(f) Taxpayer—

i. fails to submit the necessary documents in support of compliance with the provisions of Part 7 in the relevant year; or

ii. failure to fully comply with the notice sent under sub-section (2) of section 176 makes election for audit under clause (b) of sub-section (3) of section 176; or

iii. Failure to file a return under Section 177.

(15) For the purposes of audit under this section, —

(a)   The Commissioner of Taxes shall constitute the team as under

(i)    formation of any number of audit teams and each audit team shall consist of at least   two (2) auditors;

(ii)  formation of any number of investigation teams and each investigation team shall consist of at least two (2) tax inspectors;

(b)   the taxpayer selected for audit is registered under the jurisdiction of the Deputy Commissioner of Taxes and the Inspector of Taxes, the Deputy Commissioner of Taxes and the Inspector of Taxes respectively shall not be part of the audit team and the  investigation team appointed by such taxpayer;

(c)   an audit team may, as necessary or as it deems appropriate, take assistance from experts or professional valuers;

(d)   A return under sub-section (1) shall not be elected before the completion of 60 (sixty) days from the date of filing of the return;

(e) Within two (2) years after the end of the tax year in which any return is filed, the said return shall be selected or approved for audit under sub-section (1);

(f)    All reports prepared and submitted under this section shall be signed by all members of the team;

(g)   in computing “gross income exceeding 15% (fifteen per cent)”, only those sources of income appearing in the return filed under section 180 which existed in the immediately preceding tax year shall be taken into account;

(h)   Auditors shall be selected from among such Deputy Commissioners of Taxes not below Assistant Commissioners of Taxes in rank from the Income Tax Authorities.

(i)    “Audit Curator”, -

(i)    to be selected by the Commissioner of Taxes from among the Additional Commissioners of Taxes or Joint Commissioners under him; and

(ii)  He shall be the -key person for the management of audit activities including settlement of audit cases selected under this section, formulation of audit schedule, formulation of audit plan; and

(iii)  shall be liable to the Commissioner of Taxes for all intents and purposes of this section.

Comment :