Circular No. 995/2/2015-CX
 
dated the 27th Feb., 2015
F. No. 206/03/2014-CX.6
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise and Customs
 
 
To
The Principal Chief Commissioners/Chief Commissioners of Central Excise and Service Tax (All),
The Director General of Service Tax,
The Director General of Central Excise Intelligence,
The Commissioners of Service Tax (Audit) (All)
The Commissioners of Central Excise (Audit) (All)
 
Madam/Sir,
 
Subject:   Central Excise and Service Tax Audit norms to be followed by the Audit Commissionerates–reg
 
1.             Audit Commissionerates have been created with an  objective to improve the functional efficiency of audit in the field  formations.  An effective taxpayer audit plays a key role in improving  compliance and augmenting tax revenues.  It is one of the important  compliance verification tools available to the tax administration to  verify the correctness of the taxes self-assessed and reported in the  tax returns besides complying with other legal obligations.
 
2.             In the past, norms / guidelines were issued by the Board  for conduct of audit by the Commissionerates. The existing norms /  guidelines for selection of units for audit are based on a single  criterion, namely, the threshold limit of taxes paid in the previous  Financial Year.  Taxpayers are categorizedinto mandatory and  non-mandatory units based on taxes paid and the units are required to be  audited as per the frequency norms stipulated for each category.    The  criteria adopted do not take into account the risk factors and the  resources available for undertaking audit.  The uniform norms and  frequency prescribed for conducting audits across the Commissionerates  also do not factor in crucial inputs such as the assessee base,  availabilityof manpower and the risk indicators for selection of units  for conducting audit.  The audit coverage in Service Tax has been below  the satisfactory levels on account of huge taxpayer base and limited  availability of manpower in major cities such as Mumbai, Delhi,  Bengaluru, etc. 
 
3.             In the background of creation of exclusive  Commissionerates to deal with audit and having regard to the  difficulties faced, and also the experience gained with regard to audit  coverage in the past, it has been decided to revise the existing norms  for conduct of audit and issue fresh norms / guidelines taking into  account the availability of manpower in the Audit Commissionerate. The  new norms move away from the concept of mandatory and non-mandatory  audits and do not prescribe any frequency for conducting audits. The new  norms introduce risk based selection of assessees for audit based on  identified/quantified risk parameters and also introduce jurisdictional  specific criteria (as opposed to uniform norm across the country) for  segmenting the taxpayer into large, medium & small categories.
 
4.             In this regard, the following guidelines are issued in supersession of the earlier guidelines:
 
Annual plan for Audit Coverage:
 
5.0          The Audit Commissionerate would release an Annual plan by 31stMay, indicating the names of Assessees that are proposed to be audited during the course of the year (period between 1st July to 30th June  of the next year) and the month in which the Audit officers would visit  the units for verification of records. The Audit coverage (i.e. numbers  of units selected for Audit in a year) may be calibrated with the  manpower availability in a Commissionerate. The working strength of  officers in Audit Commissionerate would be taken as the basis for  calibration.
 
5.1          In order to ensure adequate coverage, the  Assessees/Taxpayersshall be grouped in three categories namely Large,  Medium and Small units.Given the past experience in detection of  non-compliance and recovery of duty through Audits, it is suggested that  Auditgroups may be deployed to coverLarge, Medium and Small units as  follows:
a)             40 % of manpower to Large units
b)            25 % of manpower to Medium units
c)             15 % of manpower to  Small units
d)            20 % of manpower for planning, coordination and follow up.
 
5.2          The composition of AuditGroupsto cover Large, Medium and Small units may be done as follows:
a)             2 – 3 Superintendents and 3 – 5 Inspectors for the conduct of audit of Large assessees / taxpayers.
b)            1 – 2 Superintendent and 2 – 3 Inspectors for conduct of audit of Medium assessees / taxpayers.
c)             1 Superintendent and 1 - 2 Inspectors for Small assessees / taxpayers.
Assistant / Deputy Commissioners may lead the Audit Groups in select cases.
5.3          The indicative duration for conduct of audit that is  inclusive of desk review, preparation and approval of Audit plan, actual  Audit and preparation of Audit report wherever necessary, for each  category would be as under:
 
a)             Large assessees / taxpayers – 6 to 8 working days
b)            Medium assessees / taxpayers – 4 to 6 working days.
c)             Small assessees / taxpayers – 2 to 4 working days
 
5.4          Given that there are around 249 working days in a year,  the number of Audits that can be approximately conducted in a year are  as follows:
a)             31 Large units (calculated at 8 days per unit) by one Audit party
b)            42 Medium units (calculated at 6 days per unit) by one Audit party and
c)             62 Small units (calculated at 4 days per Audit) by one Audit party
 
5.5          The aforementioned number of Audits could be then  multiplied by the number of Audit teams prepared for each category to  arrive at the total number of Audits that can be conducted by each  Commissionerate during the year.
 
5.6          The manner of deployment of officers as mentioned above  and calculation of number of units that can be audited during the year  are illustrated below:
 
                      i.        Suppose the working strength of an  Audit Commissionerate is 60 Superintendents and 80 Inspectors.The  deployment of officers would be: 24 Superintendents and 32 Inspectors  for large units, 15 Superintendents and 20 Inspectors for medium units  and 9 Superintendents and 12 Inspectors for small units and 12  Superintendents and 16 Inspectors in Headquarters.  To the extent  possible, the manpower distribution amongst the Circles within an Audit  Commisssionerate should be proportional to the large, medium and small  Assessee base in the Circle. In other words, the 24 Superintendents and  32 Inspectors designated for large Assessees would be divided amongst  the Circles proportional to the number of large Assessees under each  Circle.The deployment has to be done in similar manner for medium and  small units.
 
                     ii.        Using the manpower as above, there  would be around 10teams for large units, 12 teams for Medium units and 6  teams for Small units in the Commissionerate. The total number of units  that could be audited in a year thus works out to around 310 large  units, 504 medium units and 372 small units i.e. 1186 units in all.  The  Commissioners could exercise necessary reallocation of officers to  Medium units, if the audit of Large units is completed. Thus, each  Commissionerate can carry out the calculations based on the working  strength.
 
5.7          The criteria for categorizing an assessee / taxpayer as  large, medium or small would be(a) annual value of clearances and total  duty paid in case of Central Excise and/or(b) value of services rendered  and services received (which are dutiable on reverse charge basis)and  total duty paid in the case of Servce Tax. The threshold limits of value  of clearances / value of services for categorizing the units into  large, medium and small would be dependent upon (i) the available  manpower in the Audit Commissionerate and (ii) the Assessee base,  turnover and duty paid by each Assessee in the jurisdiction of the Audit  Commissionerate. It may be noted that threshold limits may vary from  one Audit Commissionerate to another Audit Commissionerate in view of  varying number of Assessees and quantum of value of clearances /  services and duty paid in case of each Assessee. The Audit  Commissionerateswould obtainthe requisite data from EDW / ACES / EASIEST  for categorization of Assessees into large / medium / small within  their Commissionerate. The categorization would be done based on the  methodology prescribed by the Directorate General of Audit.The  methodology for categorization would be communicated to the Audit  Commissionerates by Directorate General of Audit during the month of  March / Aprilevery year.
 
5.8          The Audit Commissionerates shall consult zonal units of  Directorate General of Audit while finalizing the Annual plan ofAudit  coverage with the available manpower at the beginning of the financial  year. The scheduling can be reviewed half yearly for necessary  adjustments, if any.The Directorate General of Audit will also  periodically review and revise, wherever necessary, the criteria for  categorizing the units into large, medium and small within each Zone /  Commisionerate, manpower deployment in each category, composition of  audit team and number of days required for audit in each category. The  review / revision would be done in consultation with the Audit  Commissionerates so as to ensure that Audit coverage by officers is made  optimal.
 
5.9          The Chief Commissioner may allow temporary reallocation /  diversion of officers amongst the Audit Commissionerates to ensure  adequate Audit coverage of all categories of Assessees / Taxpayers  falling under the jurisdiction of the zone.
 
Selection methodology:
 
6.0        The selection of Assessees would be done based on the risk  evaluation method prescribed by the Directorate General of Audit. The  risk evaluation method would be separately communicated to the Audit  Comissionerates during the month of March / April every year. The risk  assessment function will be jointly handled by National Risk Managers  (NRM) situated in the Directorate General of Audit and Local Risk  Managers (LRM) heading the Risk Management section of Audit  Commissionerates.The Risk Management section of Audit Commissionerate  would ensure availability of Assessee / Taxpayer wise data for a period  of last three years,which would facilitate risk assessment and  preparation of the list of assessees that would be audited in the  current year.
 
6.1        The Audit Commissionerates could also select few units at  random or based on local risk perception in each category of large,  medium and small tax payers. The results of Audit and the feedback from  random selection would help in evaluating parameters used for selection  process.
 
6.2        The Audit Commissionerates after preparing the annual plan  ofAudit coverage as indicated above, would also prepare a list of units  where risk can be mitigated through detailed scrutiny of returns and  convey the details to the Executive Commissioners for taking necessary  action. The selection of such units can be carried out at zonal level so  that the Audit and detailed scrutiny complement each other. The list of  such units and reason for selection should be shared with the  Directorate General of Audit.
 
6.3        The above norms would become operative from 1st July 2015.  Directorate General of Audit will review the efficacy of the above  parameters as well as frequency of audits in consultation with Audit  Commissionerates.
 
Theme based coordinated Audits
 
7.0          Theme based coordinated Audits at all India level would be  conducted by concerned Audit Commissionerates in a synchronized manner.  The theme would be selected by the Directorate General of Audit based  on systematic and methodical risk analysis of internal taxpayer data  (from ACES and EDW), economic indicators, third party information from  tax and other regulatory authorities and other relevant sources of data.  Directorate General of Audit would also consult trade, industry and  service providers from time to time, wherever necessary. The theme would  be intimated well in advance, say four to six months, to the field  formations. Detailed questionnaires would be prepared as guidance to the  Audit parties. The dates for such Audits would be fixed in advance, say  sometime in December every year, so that they can be blocked by the  Commissionerates. The number of such Audits will be one or at best two  in a year. The selection of theme / issue, coordination and  dissemination would be done by DG(Audit) in consultation with the field  formations.
 
7.1          The theme based coordinated Auditswould also be carried  out at the Zonal level. The theme for the Audit, which could be a  sensitive commodity or a service, would be selected at the zonal level  and simultaneous and coordinated Audit would be carried out within the  zone. The number of such Audits will again be one or two in a year. The  theme for the Audit would be selected based on analysis of data provided  by ACES, EDW and relevant third party information identified from time  to time. The Chief Commissioner may involve the zonal units of  Directorate General of Audit in selection of theme, planning and  execution of theme based Audit.
 
Audit of Multi Locational Units
 
8.         In case of multi-locational units and multi-locational  Service Providers, as prescribed in the Central Excise Audit Manual and  Service Tax Audit Manual respectively, the zonal units of the  Directorate General of Audit will continue to coordinate the audit of  multi-locational manufacturing units and multi-locational service  providers.  In case of mulit-locational units located with one zone  under different Audit Commissionerates, the coordination will be carried  out at the zonal level by one of the Audit Commissionerates.  For this  purpose, wherever there are more than one Audit Commissionerate in a  zone, the Principal Chief Commissioner / Chief Commissioner may  designate one of the Audit Commissionerate for undertaking such  coordination and for identifying units based on common PAN for the  purposes of integrated Audit.
 
Accredited status for deferring frequency of Audit
 
9.         There can be a segment of Assessees, who could be given  “accredited” status, similar to the one given in Customs, based on their  proven track record of compliance with tax laws and procedures. Such  identified assessees need not be subjected to Audit in every cycle. It  has been decided that the frequency or periodicity of audit in their  case would not be less than 3 years.  The procedure and criteria for  accreditation are under examination and would be communicated  separately.
 
Audit of LTUs
 
10.        In case of LTUs, 80% of the manpower may be used  forconducting audits and 20% of the manpower may be used for  headquarters functions. The Audit Group would comprise 2-4  Superintendents and 3-6 Inspectors. The indicative duration for conduct  of audit that is inclusive of desk review, preparation and approval of  Audit plan, actual audit and preparation of Audit report is 8 to 10  working days. Based on the recommended duration, the number of units  that could be audited in a year would be 25 LTUs (calculated at 10 days  per Audit) by one Audit group. The Audit groups from LTU Audit  Commissionerate’s Circles would conduct the audit of LTUs and wherever  additional manpower assistance is required the same can be sought from  other LTUs or the jurisdictional Central Excise/Service Tax Audit  Commissionerate. Further, audit of the LTU should be conducted in a  coordinated manner i.e., the audit of Head Office and group units should  be conducted simultaneously. For this purpose, the audit dates should  be decided in consultation with the LTU. The total number and selection  of individual assessees for audit would be done as per the risk  evaluation method recommended by the Directorate General of Audit.
 
Removal of difficulty
 
11.        Past guidelines and instructions on the subject stand  modified to the extent they are in conflict with these guidelines.  Difficulties faced, if any in the implementation of above instructions  may be brought to the notice of the Board and Directorate General of  Audit at an early date. The Principal Chief Commissioners and Chief  Commissioners are authorized to issue appropriate instructions, to be  valid for temporary periods, to remove any difficulty in conduct of  audits which are important from the perspective of augmentation of  revenue.
 
            Kindly acknowledge receipt.
(ROHAN)
Under Secretaryto the Government of India