About GST Audit Support
Departmental audit Section 65 GSTR-9C self-certification and special audit Section 66 representation. Forms handled: ADT-01, ADT-02, ADT-03. Legal basis: Section 65 and 66 CGST Act.
Plain-English glossary for this service
Special audit is the audit ordered under Section 66 of the CGST Act where the officer not below the rank of Assistant Commissioner, having regard to the nature and complexity of the case and the interest of revenue, is of the opinion that the value has not been correctly declared or the credit availed is not within the normal limits. The audit is conducted by a chartered accountant or cost accountant nominated by the Commissioner.
Audit jurisdiction refers to the statutory authority of the Commissioner under sub-section (1) of Section 65 to authorise any officer to undertake audit of a registered person. Authorisation may be by general or specific order. A challenge to audit jurisdiction is typically agitated at the threshold under Article 226 before the High Court.
Place of supply is determined under Chapter V of the IGST Act and dictates whether a supply is intra-State (CGST plus SGST) or inter-State (IGST). Audit observations on place of supply typically address services supplied to recipients in other States, goods movements without invoicing and exports without LUT.
Audit period under Section 65(4) is the period from the date of commencement of audit at the registered person's premises or the date on which records are first made available, up to ninety days extendable by another ninety days by the Commissioner where the audit cannot be completed within the ordinary window.
Table 4 of GSTR-3B captures details of input tax credit. Sub-tables capture eligible ITC, ineligible ITC and reversals. Audit observations on Table 4 typically focus on mismatches between GSTR-2B-driven eligibility and credit availed in GSTR-3B, blocked credits under Section 17(5) and ITC on inward supplies under reverse charge.
ADT-03 is the direction issued under Section 66(1) by the Commissioner to a registered person requiring submission to special audit by a nominated chartered or cost accountant; the audit report is to be submitted within ninety days extendable by another ninety days for sufficient cause.
Officer not below the rank of Assistant Commissioner is the designation threshold under sub-section (1) of Section 66 for proposing the special audit. The rank requirement is a jurisdictional condition; a direction issued by a lower-ranked officer is vitiated for want of authority.
Adverse audit finding is an observation recorded by the proper officer in the audit notes under sub-rule (4) of Rule 101 or in the communication under ADT-02 that points to short payment of tax, erroneous refund, or wrongly availed input tax credit. It is the precursor to action under Section 73 or Section 74.
Pre-ADT-02 window is the practical window between draft observation by the audit officer and issuance of formal ADT-02, during which the registered person can file a written reply, produce additional records and make voluntary DRC-03 payments under Section 73(5) to avoid penalty exposure.
Sub-clause (aa) of sub-section (2) of Section 16 of the CGST Act conditions input tax credit on the details of the invoice or debit note being furnished by the supplier in GSTR-1 and communicated to the recipient. Departmental audit observations under this provision typically address ITC availed in respect of invoices not reflected in GSTR-2B.
ADT-02 is the form in which the proper officer communicates the audit findings, rights and obligations to the registered person within thirty days of completion of the audit; observations in ADT-02 typically feed into a subsequent Section 73 or Section 74 demand notice if tax has not been voluntarily paid.
Books of account refer to the records required to be maintained under sub-section (1) of Section 35 of the CGST Act — accounts of production or manufacture, inward and outward supply, stock, ITC availed, output tax payable and paid. Maintenance at the principal place of business is the default; additional places require records of the additional location.
Operative provisions cited on this page
Every claim on this page can be traced back to a section or rule below.
Sub-section (1) of Section 65 of the Central Goods and Services Tax Act empowers the Commissioner, or any officer authorised by him through a general or specific order, to undertake audit of any registered person for such period, frequency and manner as may be prescribed. Sub-section (2) provides that the audit may be conducted either at the place of business of the registered person or at the office of the proper officer. It is to be noted that this provision is the substantive source of departmental audit jurisdiction and is read with Rule 101 for procedural mechanics.
View sourceSub-section (3) of Section 65 provides that the registered person shall be informed by way of a notice not less than fifteen working days prior to the conduct of audit. The notice is issued in Form GST ADT-01 as prescribed under Rule 101(2). It is to be noted that the fifteen-working-day window is a substantive procedural safeguard; commencement of audit proceedings without compliance with this timeline is a jurisdictional infirmity that may be agitated under Article 226.
View sourceSub-section (4) of Section 65 prescribes that the audit shall be completed within three months from the date of commencement of the audit. The proviso permits the Commissioner, where satisfied that the audit cannot be completed within three months for reasons to be recorded in writing, to extend the period by a further period not exceeding six months. The expression date of commencement is defined in the Explanation to mean the date on which the records and other documents called for by the tax authorities are made available by the registered person, or the actual institution of audit at the place of business, whichever is later.
View sourceSub-section (5) of Section 65 obliges the registered person to afford the necessary facility to verify the books of account or other documents as may be required, and to furnish such information as may be required and render assistance for timely completion of the audit. It is to be noted that non-cooperation under this sub-section can lead the proper officer to invoke best-judgment assessment under Section 62 or escalate to special audit under Section 66.
View sourceSub-section (6) of Section 65 requires the proper officer, on conclusion of audit, to inform the registered person within thirty days of the findings, the registered person's rights and obligations, and the reasons for such findings. The communication is issued in Form GST ADT-02. It is to be noted that the thirty-day window is mandatory and starts on the date of conclusion of audit, not the date of the audit report.
View sourceSub-section (7) of Section 65 provides that where the audit results in detection of tax not paid or short paid, erroneously refunded, or input tax credit wrongly availed or utilised, the proper officer may initiate action under Section 73 or Section 74. It is to be noted that this sub-section is the statutory bridge between the audit conclusion and adjudication proceedings.
View sourceSub-section (1) of Section 66 provides that if at any stage of scrutiny, inquiry, investigation or any other proceedings, the officer not below the rank of Assistant Commissioner, having regard to the nature and complexity of the case and the interest of revenue, is of the opinion that the value has not been correctly declared or the credit availed is not within the normal limits, he may, with prior approval of the Commissioner, direct the registered person to get the records including books of account examined and audited by a chartered accountant or a cost accountant nominated by the Commissioner.
View sourceSub-section (2) of Section 66 provides that the direction under sub-section (1) shall be issued in Form GST ADT-03 as prescribed under Rule 102. The nominee chartered accountant or cost accountant is named by the Commissioner; the registered person does not have a right to choose the auditor. It is to be noted that this is materially different from the statutory audit framework under the Companies Act where the management appoints the auditor.
View sourceForms used in this engagement
Statutory notice issued by the proper officer informing the registered person of the institution of audit under Section 65; carries the period of audit, place, date and the records to be made available
Communication by the proper officer to the registered person of the findings of audit, rights and obligations and reasons for the findings; the formal closure document of departmental audit
Direction issued by the proper officer, with prior approval of the Commissioner, to the registered person to get his records examined and audited by a chartered accountant or cost accountant nominated by the Commissioner
Communication by the proper officer to the registered person of the findings of the special audit conducted under Section 66; carries the nominee auditor's observations and the officer's view
Consolidated annual return capturing outward and inward supplies, ITC availed and reversed, taxes paid and demands/refunds; the primary statutory return on which audit observations are anchored
Self-certified reconciliation between the value of supplies declared in the annual return and the audited annual financial statement, along with reconciliation of tax paid and ITC
Pre-show-cause-notice intimation by the proper officer of tax ascertained as payable on the basis of audit observations; carries Part A with officer's quantification and Part B for registered person's reply
Intimation by the registered person of voluntary payment of tax, interest or penalty including pre-SCN deposit under Section 73(5) or Section 74(5); the principal vehicle for closing out audit observations without formal proceedings
Formal SCN summary served along with the detailed notice; captures the tax, interest and penalty proposed, the financial period and the grounds
Written reply by the registered person to a SCN issued in DRC-01; carries denial or admission, supporting documents and request for personal hearing
Summary of the adjudication order passed under Section 73 or 74 communicating the demand confirmed; the operative document for recovery and appeal computation
Memorandum of first appeal before the Appellate Authority against an order under Section 73, 74 or other adjudication arising from audit; carries grounds of appeal and pre-deposit details
Compliance deadlines that matter
Miss any of these and the next consequence kicks in automatically.
Section 65 (Departmental) vs Section 66 (Special)
Three named tax practitioners — not a faceless outsourcer
B.Com, CA Inter, GST Practitioner. 15+ years and 500+ Chennai engagements. Leads the notice-reply and CMA project-report practice.
B.Com. 15+ years in statutory and ROC compliance, partnership-firm matters, and audit-support engagements.
B.Com, M.Com. 5+ years on monthly GST returns, GSTR-2B reconciliation, and ASMT-10 first-touch responses.