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Detailed summary of the key points outlined in the provided text regarding

the changes and clarifica ons in the 2023 Guidance Note (GN) compared to
the 2022 GN concerning tax audits in India:
1. Exclusion of Turnover: The 2023 GN expands on the exclusion of
turnover for tax audit purposes. In addi on to the sec ons men oned in
the 2022 GN (Sec on 44AD, 44ADA, and 44AE), it now includes
businesses op ng for presump ve taxa on under Sec on 44BB or
44BBB.
2. AO's Authority for Audit: The 2023 GN omits the previous view on what
ac ons an Assessing Officer (AO) can take if they wish to have an
assessee's accounts audited when the turnover doesn't exceed the
prescribed limits under Sec on 44AB. This means that the guidance on
when and how an AO can mandate a tax audit in such cases is no longer
present.
3. Audit Requirements for Agriculturists: The 2023 GN removes the earlier
opinion that agriculturists are not required to get their accounts audited
under Sec on 44AB if they do not have taxable income under the head
"Profits and Gains of Business or Profession." This change may impact
how agriculturists approach tax audits.
4. Responsibility for Delayed Tax Audit Report: The 2023 GN no longer
includes the opinion that a tax auditor can be held responsible for any
delay in comple ng and uploading the Tax Audit Report. This omission
may lead to greater discre on on the part of tax auditors regarding the
comple on meline.
5. AO's Authority to Summon Tax Auditor: The 2023 GN omits the opinion
regarding an AO's authority to summon a Tax Auditor and levy penal es
under Sec on 271J. This omission raises ques ons about the
consequences for tax auditors who do not comply with audit requests.
6. Acceptance of Figures in Form 3CD: The 2023 GN removes the opinion
that tax authori es should ordinarily accept the figures in Form 3CD. This
change may impact the level of scru ny applied to the figures reported
by tax auditors.
7. Referring to Relevant Clauses of Form 3CD: It clarifies that tax auditors
should refer to relevant clauses of Form 3CD when repor ng
observa ons and comments. This ensures that the repor ng aligns with
the structure of the form.
8. Differences of Opinion with Assessee: The 2023 GN specifies that if
there are differences of opinion with the par culars furnished by the
assessee, the tax auditor should report these differences in Form 3CB.
This highlights the importance of documen ng and repor ng
discrepancies.
9. Repor ng Address and Mul ple Registra ons: The 2023 GN updates the
repor ng requirements for the address of the assessee and mul ple
registra ons under indirect tax laws. This change ensures that tax
auditors report these details accurately.
10.Concessional Tax Regimes: It omits a sentence from the 2022 GN that
stated the irrevocability of op ng for concessional tax regimes. This
omission may indicate that taxpayers have more flexibility in choosing
such regimes.
11.Taxable Income not Credited to P&L: It clarifies that income taxable
under a specific sec on but not credited to the Profit and Loss account
should be reported under Clause 16(c). This provides clear guidance on
how to categorize such income.
12.Repor ng Government Grants: The 2023 GN specifies that government
grants deducted from fixed assets should not be reported under Clause
16(e). This change ensures that the repor ng aligns with accoun ng
prac ces.
13.Professional Exper se for Repor ng: It requires tax auditors to use their
professional exper se and judgment when repor ng items under Clause
16(a) to (d). This emphasizes the importance of professional judgment in
tax repor ng.
14.Cross-referencing Clauses 16(d) and 17: It clarifies that cross-referencing
may be required between Clauses 16(d) and 17 regarding stamp duty
values. This ensures consistency in repor ng between these clauses.
15.Repor ng of Payments to Specified Persons: It explains how to report
payments made to persons specified under Sec on 40A(2)(b). This
provides clarity on repor ng such payments.
16.Repor ng of Sec on 41 and Sec on 43B Items: It specifies repor ng
requirements for items covered under Sec ons 41 and 43B of the
Income Tax Act. This ensures comprehensive repor ng of such items.
17.Applicability of TDS and TCS: The 2023 GN suggests using the status of
the demand payable as per TDSCPC (commonly known as TRACES) for
repor ng in Clause 34. This streamlines the repor ng process for tax
deducted at source (TDS) and tax collected at source (TCS).
18.Repor ng of Demands and Refunds: It removes a sentence that
previously excluded certain taxes like Cess, Royalty, Octroi Duty, and
Entry Tax from repor ng under other tax laws. This implies that all
demands and refunds, including those related to these taxes, should be
reported under Clause 41.
19.Repor ng of Expenditure under GST: The 2023 GN provides guidance on
how to report expenditures concerning en es registered and not
registered under GST. This helps in accurately categorizing and repor ng
expenditures.
20.Reconcilia on of Total Expenditure: New requirements include
maintaining a reconcilia on working paper to align the total expenditure
reported in the Profit and Loss statement with the expenditure reported
in Clause 44. This ensures consistency in repor ng.
21.Current Status vs. Status at Time of Supply: It emphasizes the
importance of dis nguishing between the current status of a supplier's
GST registra on and their status at the me of supply. This ensures
accurate repor ng, especially in cases where registra on has been
canceled.
22.Inter-branch Supply Reconcilia on: In cases of mul ple GST registra ons
for an en ty, there may be inter-branch supply transac ons. The GN
recommends maintaining proper reconcilia on for such transac ons.

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