Section 58A - Special Audit - Delhi Value Added Tax Act, 2004

58A. Special Audit.- 6 [(1) "if the Commissioner, having regard to. (a) the nature and complexity of the business of a dealer; or (b) the interest of the revenue; or (c) volume of accounts; or (d) doubts about the correctness of the accounts; or (e) multiplicity of transactions in the accounts; or (f) specialised nature of business activity; or (g) non-production of all records and accounts; or (h) non-filing of audit report under section 49 of this Act ; or (i) any other reason. is of the opinion that it is necessary so to do, he may direct the dealer by a notice in writing to get his records including books of accounts, examined and audited by an accountant or a panel of accountants or any other professional or panel of professionals nominated by the Commissioner in this behalf and to furnish a report of such examination and audit in the format that he may specify, duly signed and verified by such accountant or panel of accountants or professional or panel of professionals and setting forth such particulars as may he specified. ] 4 [(2) The provision of sub-section (1) shall have effect notwithstanding that the accounts of the dealer have been audited under any other provision of this Act or any other law for the time being in force or otherwise.] (3) Every report under sub-section (1) shall be furnished by the dealer to the Commissioner within such period as may be specified by the Commissioner: Provided that the Commissioner may, on an application made in this behalf by the dealer and for any good and sufficient reason, extend the said period by such further period or periods as he thinks fit: Provided further that the aggregate of the period originally fixed and the period or periods so extended shall not, in any case, exceed one hundred eighty days from the date on which the direction under sub-section (1) is received by the dealer. 5 [(4) The expenses of, and incidental to, the examination and audit of records under sub-section (1), (including the remuneration of the accountant or a penal of accountants or professional or panel of professionals) shall be determined and paid by the Commissioner and that determination shall be final.] ------------------------------- Notes:- 1. Inserted vide DVAT (Amendment) Act, 2005; No. F.14(6)/LA-2005/112, dated 28.03.2005, w.e.f. 01.04.2005. 2. Omitted vide Notification No.F.14(13)/LA-2012/law/179., dated 28.12.2012 , before it was read as:- at any stage of the proceeding under this Act" 3. Substituted vide Notification No.F.14(13)/LA-2012/law/179., dated 28.12.2012 , before it was read as:- The provision of sub-section (1) shall have effect notwithstanding that the accounts of the dealer have been audited under any other provision of this Act or any other law for the time being in force or otherwise. 4. Substituted vide DVAT (AMENDMENT) ACT, 2013 (DELHI ACT 01 OF 2013) w.e.f. 18 th day of June, 2012 before it was read as, 3 [ (2) The expenses of, and Incidental to, the examination and audit of records under sub-section (1), (Including the remuneration of the accountant or a panel of accountants or professional or panel of professionals) shall be determined and paid by the Commissioner and that determination shall be final. ] 5. Substituted vide DVAT (AMENDMENT) ACT, 2013 (DELHI ACT 01 OF 2013) w.e.f. 18 th day of June, 2012 before it was read as, (4) The expenses of, and incidental to, the examination and audit of records under sub section (1) (including the remuneration of the accountant or a panel of accountants or professional or panel of professionals) shall be paid by the dealer as determined by the Commissioner and that determination shall be final and default in such payment shall be recoverable from the dealer as tax and in the manner provided for the recovery of arrears of tax under this Act. 6. Substituted vide NOTIFICATION No. F.14(5)/LA-2013/Cons2Law/65 dated September 09, 2013 , before it was read as, "(1) If, 2 [ *** ] , the Commissioner, having regard to the nature and complexity of the business of a dealer and the interest of the revenue, is of the opinion that it is necessary so to do, he may direct the dealer by a notice in writing to get his records including books of accounts, examined and audited by an accountant or a panel of accountants or any other professional or panel of professionals nominated by the Commissioner in this behalf and to furnish a report of such examination and audit in the format that he may specify, duly signed and verified by such accountant or panel of accountants or professional or panel of professionals and setting forth such particulars as may be specified."