SEMINAR ON SERVICE TAX

Service Tax Audit: Steps & Procedures

WHEN AUDIT OF ASSESSEES ACCOUNTS DONE BY DEPARTMENT OFFICERS:
Audit of accounts of service tax providers can be done by Central audit parties as per norms
prescribed by the department A comprehensive Service Tax Audit Manual 2011 has been
prescribed to provide guidelines to department officers conducting audit Directorate
Service Tax Circular no. 135/4/2011 dated 19-4-2011.
Selective Audit will be done by jurisdictional central excise officer or by an audit party
deputed by C&AG vides Circular Not. 97/8/2007-ST dated 23-8-2007.
Selection of assessee and auditing will be as per guidelines in Service tax Audit Manual. The
Audit selection guidelines, therefore, would apply to the non-mandatory taxpayers, forming
part of the discretionary workload. These taxpayers should be selected on the basis of
assessment of the risk potential to revenue. This process, which is an essential feature of
audit selection, is known as Risk Assessment. It involves the ranking of taxpayers according
to a quantitative indicator of risk known as a risk parameter. It is also suggested that the
taxpayers whose returns were selected for detailed scrutiny, may not be taken up for Audit
that year, to avoid duplication of work. Similarly, the taxpayers who have been selected for
Audit, may not be taken up for detailed scrutiny of their ST-3 Returns during that year.
TYPE OF AUDIT:
EA 2000 Audit (Done by Department/ C&AG)
Section 72A Audit (Done by Chartered Accountant w.e.f. 28-05-2012)
The frequency of audit will be on basis of service tax paid annually and the tax paid means
paid by cash plus through Cenvat Credit. The frequency is as follows:
S. No.

Quantum of annual duty payment

(in cash + CENVAT credit)

Frequency of audit

1.

Taxpayers paying more than Rs 3 Crore

Every year

2.

Taxpayers paying between Rs 1 to 3 Crore

Once in two years

3.

Taxpayers paying between Rs 25 lakh to 1 Crore Once in five years

4.

Taxpayers paying below Rs 25 lakh

2% of the total number every year

SEMINAR ON SERVICE TAX

No audit if turnover less than Rs 60 lakhs per annum The Finance minister in his budget
2011 speech has announced that there will be no audit of assessee whose turnover is less
than Rs 60 lakhs per annum. Num Para 191 of his speech delivered on 28-2-2011 reads as
follows
the number of assessee in service tax has grown manifold I find that a large number
of them comprise individual or sole proprietors with shall turnover Any Audit at their
premises tends to dislocate their activities for the duration of the audit I therefore
propose to free all individual and sole proprietor taxpayers with a turnover upto 60
lakhs from the formalities of Audit this will give relief to a large number of taxpayers I
also intend to give all assesses with turnover uptoRs 60 lakhs benefit points in
interest on delayed payment.
SPECIAL AUDIT BY CHARTERED/ COST ACCOUNTANT:
Section 72A of Finance Act, 1994 (as inserted w.e.f 28-5-2012) makes provision for special
audit by practicing Chartered/Cost Accountant [earlier, section 14AA of Central Excise Act
was made applicable to service tax, this section provided only for special audit of Cenvat
credit availed].
Special audit can be ordered by Commissioner of Central Excise.
Such audit can be ordered by Commissioner of Central Excise has reason to believe that the
any person liable to pay service tax
Has failed by to declare or determine the value of a taxable service correctly: or
Has availed and utilized credit of duty or tax paid (a) which is not within the normal
limits having regard to the nature of taxable servicer provided the extant of capital
goods used or the type of inputs of input services used, or any other relevant factors
as he may been appropriate: or (b) by means of fraud. Collusion or any willful
misstatement or suppression of facts: or
Has operations spread out in multiple location and it is not possible or practicable to
obtain a true to and compete picture of his accounts from the registered premises
falling under the jurisdiction of the Commissioner [section 72A(i) of Finance Act.
1994].
In such cases, the Commissioner may direct such person to get his accounts audited by a
Chartered accountant or Cost accountant nominated by him, to the extent and for the
period as may be specified by the Commissioner [section 72A(2)(i) of Finance Act, 1994
inserted w.e.f. 28-5-2012]

SEMINAR ON SERVICE TAX

CHARTERED ACCOUNTANTS ROLE IN SERVICE TAX AUDIT:

Review before the Service Tax Audits by Department
Assistance during the Service tax audits by Department
Reply to Audit objections
General Service Tax Audit of Assessee
Service Tax Audit U/S 72A of the Finance Act, 1994
SERVICE TAX AUDIT REVIEW:
This is the first stage of the audit exercise done in the office.
On receiving the documents along with filled up questionnaire and reconciliation data sheet
in the prescribed proforma, if any, and carry out detailed examination of the records and
information (including that already captured in the master file on taxpayer.
For carrying out the detailed analysis, the following points should be kept in mind.
A.

Check whether the description of the service has been changed during the past three
to four years, without affecting the nature of the service provided. To illustrate, a
management consultant attracting tax under section 65 (105)(r) of the finance act
1994 may declare himself as a law practitioner attracting tax under section 65
(105)(zzzzm) of the finance act, 1994 without essentially altering the nature of
service provided.

B.

Auditor should check the data provided by the taxpayer for reconciliation with other
documents such as gross trial balance, annual accounts, ledgers etc. Collected by
them and carry out a preliminary reconciliation for the purpose of identifying any
amount that might have escaped service tax.

C.

Auditor has to be careful when the services are for personal consumption because in
such cases, there is a possibility of non-availment of cenvat by the service recipient
or his not likely to claim expenses as deductions under income tax. To illustrate, if
the individual consumer is not eligible to get cenvat credit of input tax received
because he is not a provider of any taxable output service, he may like to make
payment to the service provider in cash. The service provider may also oblige such
individual by accepting the consideration in cash without charging service tax,
though it will not result in any saving to him so far as service tax is concerned. It may
because of any of the following reasons:I)

savings of direct taxes (income tax)

SEMINAR ON SERVICE TAX

Ii) making its business more competitive vis-a vis other competitions.
D.

Auditor should analyse both debit and credit side of the profit & loss a/c, trial
balance, ledgers etc., because it is a myth that while ascertaining the service tax
liability of the taxpayer, one has to look only at the credit side of p&l a/c. Debit side
is equally important or rather more prone to frauds and errors. Therefore, the
auditor needs to pay attention towards debit side also. Debit side is important
because of
I)

Reverse charge mechanism under this mechanism, the recipient of services is

liable to pay service tax (e.g. GTA services, services received from abroad, etc).
Therefore nothing appears on the credit side of the P&L a/c. However, service
tax has to be calculated on the amount paid towards taxable services received.

Ii) Reimbursement unless the concept of pure agent is applicable,

reimbursements are includible in the value of taxable service. Reconciliation
should cover all receivables including reimbursements, sale of goods etc
E.

Auditor should check as to whether there is any netting of income with amount
payable e.g. a person is acting as a commission agent and receives commission
amounting to Rs. 5000/- taxable under the category of business auxiliary services
(bas). He is also engaged in trading of goods wherein he is required to pay a
commission of Rs. 3000. It may be possible that the amount of commission
appearing in the P&L a/c is only Rs. 2000/- the detail of which is given in notes on
accounts or is available from the gross trial balance. In this case, if notes to accounts
are not studied properly or the gross trial balance is not studies, then the auditor
may not be able to determine the correct value of taxable service rendered by the
taxpayer.

SCRUTINY OF VAT RETURNS:

The vat returns should be scrutinized for ensuring that the value of services which attract
both service tax & vat are consistently reported. Some of such services which attract both
service tax & vat are:Commercial or industrial construction services
Complex construction services
Works contract services
Repairs & maintenance services
Outdoor caterer services

SEMINAR ON SERVICE TAX

Mandap keeper services

Pandal or shamiana contractor services
Rent a- cab services
Right to use of movable goods
SCRUTINY OF THE TAX AUDIT REPORT IN FORM 3CD:
Clause 14 of the tax audit report (form 3CD) provides information about amount of
depreciation under section 32 of the income tax act, 1961 and that of cenvatcredit
availed by the service providers on capital goods.
Clause 22 of the tax audit report (form 3CD) gives the details of cenvat credit claimed
by the service provider. It also provides the details of credit available and carried
forward to the next year. Hence, the auditor can authenticate the amount of credit
carried forward in the service tax returns with the information provided in terms of
this clause.
Clause 22 of the tax audit report (form 3CD) also gives information regarding prior
period incomes and expenses booked in the year under tax audit. The auditor shall
ensure that service tax is paid on these amounts in case they are subject to service
tax.
Clause 30 of the tax audit report (form 3CD) provides the information relating to cost
audit. If such an audit has been carried out, the auditor should examine the cost
audit report.
Clause 32 of the tax audit report (form 3CD) provides the important accounting
ratios.
SCRUTINY OF TAX DEDUCTED AT SOURCE (TDS) CERTIFICATES:
The total receipts for services can be verified from TDS certificates in the following manner:A.

By deducting the amount of service tax from the value on which tax has been
deducted at source, the receipts appearing in the books of accounts can be
reconciled.

B.

Nature of services can also be confirmed from these certificates and in case of any
discrepancy in the categorization of services under proper head, elaborate checks
need to be carried out by the auditor.

C.

Details of TDS credit claimed in the income tax return may also be examined.

SEMINAR ON SERVICE TAX

STUDY OF VARIOUS FINANCIAL RECORDS:

Notes on accounts: in case of debtors, notes indicate debtors which are outstanding for a
period exceeding 6 months. Foreign exchange related transactions are also given in the
notes on accounts. Management can use these figures to show book profit to suit their
requirements. Netting of amounts of revenue or expenditure can also be resorted to by the
management although as per accounting standards it is mandatory to specify the figures
separately.
Scrutiny of notes will also reveal whether there was any change in the system of accounting.
For example a taxpayer changes from cash system of accounting to mercantile accrual
system. The notes also indicate the impact of accounting policies on various liabilities
including the tax liability of the taxpayer. Therefore, the auditor must read the notes
carefully.
Director Report: Directors report may, interalia, contain information about.
Foreign exchange earned during the year
Foreign exchange paid during the year, e.g. may be on account of taxable services
availed by the taxpayer where he is liable to pay service tax under reverse charge
mechanism.
Information on the operations carried out by the taxpayer during the year under
report. This may help in finding the exact nature of services provided by the
taxpayer.
Facts stated in directors report should be reconciled with the ST 3 returns.
Statutory auditors report: it is the most important report contained in the annual accounts
of a company. The statutory auditor certifies as to whether the books of account of the
company are properly maintained or not and also whether exist internal control mechanism
commensurate with the size and extent of business of the company. Any adverse noting of
the statutory auditor has to be replied by the management of the company.
Trial balance: the most important use of gross trial balance is that is contains balances of
individual accounts whereas in balance sheet and P&L a/c. Many accounts are grouped
together, e.g.,
A.

P&L A/C - All the incomes are clubbed together under the head gross receipt, sales
as the case may be. However trial balance shows income earned under each
category of revenue separately.

SEMINAR ON SERVICE TAX

B.

Not only trial balance is important in relation to income side, but it is very important
in relation to expenditure side also. For instance payment made towards
sponsorship services may be clubbed in the category of advertisement and sales
promotion expenses which can be identified only from the trial balance.

C.

Similarly, freight paid may be clubbed with purchases of fixed assets.

Indicative list of items to be examined in the trial balance / profit & loss account / balance
sheet / tax audit report.
The perusal of the trial balance could achieve the following:
Familiarization with chart of accounts / account code and understand as to what
extent the information is detailed and integrated with other subsystems ; few
sample journal vouchers may also be seen to understand the information mentioned
therein.
Understand the grouping of sub accounts under main accounts for the purposes of
summarization into profit & loss account and the balance sheet.
Identification of accounts, which have a prima facie relevance for service tax
payment (may be direct or indirect). These accounts may have to be seen in detail at
later stage of audit depending upon the result of subsequent audit processes ;
Understand the tax accounting system in so far as it pertains to service tax payment
and treatment of credit of service tax on input services.
During the study of the trial balance / profit & loss account all income accounts could be
studied in detail. Normally, the profit & loss account would show a consolidated entry for
business income from all sources. According to accounting standards, non-business income
such as interest income or dividend income is required to be shown separately.
To begin with, auditors should call for the groupings of business income shown in the profit
& loss account. The said groupings would show the different heads under which the
incomes have been accounted for. They should carefully study the nature of business
income some of which may have accrued from the sale of taxable services and the balance
from the sale of non-taxable services. The exact nature of these services may be determined
from the supporting documents such as vouchers, bills or contracts in doing so, auditors
need to guided by the nomenclature (used for each of these services) in the trial balance or
annexures to the profit & loss account. It is possible that the true nature of the service is
obscured or disguised by using a nomenclature that is either non-taxable or exempted.

SEMINAR ON SERVICE TAX

Through the study of trial balance, the auditor should familiarize himself with chart of
accounts / account codes and understand as to what extent the information is detailed and
integrated with other subsystems and a few sample journal vouchers may also be seen to
understand the information mentioned therein. The auditor should also understand the
grouping of sub accounts under main accounts for the purposes of summarization into profit
& loss account and the balance sheet and understand the identification of accounts. Which
have a prima facie relevance for service tax payment (may be direct or indirect). These
accounts may have to be seen in detail at later stage of audit depending upon the result of
subsequent audit processes. He should understand the tax accounting system in so far as it
pertains to service tax payment and treatment of credit of service tax on input services.
SERVICE TAX AUDIT SUBSTANTIVE:
Substantive procedures (or substantive tests) are the activities performed by an auditor to
detect material misstatement or fraud at the assertion level of the management. The
assertions made by the management are usually with respect to
The accounting balances, the different assertions are - completeness, existence,
rights + obligations, valuation + allocation, and presentation + disclosure, and
The transactions, the different assertions are - occurrence (validity), completeness,
accuracy, cut-off and classification.
Management implicitly asserts that account balances and underlying classes of transaction
do not contain any material misstatements: in other words, that they are materially
complete, valid and accurate. Auditors use substantive procedures to validate these
assertions. For example, an auditor may inspect supporting documents like invoices and
bank statements to confirm that sales or provision of service did occur (occurrence); and
arrange for suppliers to confirm in writing the details of the amount owing at balance date
as evidence that accounts payable is a liability (rights and obligation assertion).
There are two categories of substantive procedures - analytical procedures and tests of
detail. Analytical procedures generally provide less reliable evidence than the tests of detail.
Note also that analytical procedures are applied in several different audit stages, whereas
tests of detail are only applied in the substantive testing stage.
The auditor's reliance on substantive tests to achieve an audit objective related to a
particular assertion may be derived from tests of details, from analytical procedures, or
from a combination of both. The decision about which procedure or procedures should be
used to achieve a particular audit objective is based on the auditor's judgment on the
expected effectiveness and efficiency of the available procedures.

SEMINAR ON SERVICE TAX

Analytical procedures (the comparison of sets of financial information, and financial with
non-financial information, to see if the numbers 'make sense' and that unexpected
movements can be explained) are an important part of the audit process and consist of
evaluations of financial information made by a study of possible relationships among both
financial and nonfinancial data. Analytical procedures range from simple comparisons to the
use of complex models involving many relationships and elements of data.
A basic premise underlying the application of analytical procedures is that plausible
relationships among data may reasonably be expected to exist and continue in the absence
of known conditions to the contrary. Particular conditions that can cause variations in these
relationships include, for example, specific unusual transactions or events, accounting
changes, business changes, random fluctuations, or misstatements.
Analytical procedures involve comparisons of recorded amounts, or ratios developed from
recorded amounts, to expectations developed by the auditor. The auditor develops such
expectations by identifying and using plausible relationships that are reasonably expected to
exist based on the auditor's understanding of the assessee and of the industry in which the
client operates. Following are examples of sources of information for developing
expectations, i.e., identifying the areas where gaps could be found:
Comparison of the financial information with information for the comparable prior
period(s), e.g. service turnover of say three consecutive financial years can be
compared with the corresponding manpower deployed ( thru direct employees and
thru external agencies) and major equipment purchases/deployment for provision of
service ( in case equipments are required for provision of such service), number of
sites on which services are being performed etc.- this comparison would give a broad
idea about the reasonableness of the turnover. However, for using this data as basis
for developing an expectation, i.e. gap in the reported figures, adjustment should
be made for the known factors like closure of particular line of services, industry
market position etc.
Relationships among elements of financial information within the period - monthly
amounts can be compared (which are more effective from annual amounts), e.g.,
monthly value of goods procured may be compared with the monthly expense on
gta services. Further, comparisons by location or line of business can also be very
effective.
Study of the relationships among elements of financial information that would be
expected to conform to a predictable pattern based on the entitys experience (e.g.,
gross margin percentages);

SEMINAR ON SERVICE TAX

Comparison of the financial information with similar information based on industry

averages, results of competitors or other operations in the same industry for
example, gross margin information
Study of the relationships between the financial information and relevant
nonfinancial information (e.g., in cable industry receipts can be matched with the
number of set top boxes installed).
Some of the examples of the ratios which could be particularly relevant for service tax audot
are as under
A.

Ratio - major inputs service cost: value of taxable service

Source document: profit & loss account and ST 3 return

Compare the annual ratio for a period of 3-4 years. If the ratio is increasing, there is
possibility of the following irregularities.
-

Rendering of unaccounted output services.

Undervaluation of output services.

Splitting of output service income into non-taxable services income.

B.

Ratio credit availed: total service tax payable

Source document: ST 3 return

This ratio should have some parallel relation with the above ratio. If there is a gap in these
two ratios, there is a need to look into the reason there could be a situation of wrong
credit availment.
C.

Ratio other incomes not charged to service tax : value of taxable services
Source document: Profit & loss account and ST 3 return

Compare the ratio over a period of 3-4 years or with the taxpayers rendering the same
services. If the ratio is increasing over a period of time or it is more as compared to the
other service providers, there is a possibility of under-valuation by splitting of output service
income into non taxable/exempted service income. For example, income from renting of
immovable property may be incorrectly bifurcated into income from renting of residential
dwelling which is not taxable.
D.

Ratio additions to plant and machinery/ fixed assets during the year: total value of
assets at the beginning of the year

SEMINAR ON SERVICE TAX

Source document: fixed assets schedule in the balance sheet)

A comparison of this ratio with the rate of growth of the value of taxable service during the
year may be useful in verifying whether the value of taxable service has been correctly
declared particularly in cases where the additions to plant and machinery/ fixed assets
directly impact the volume of sales. For instance, the installation of additional processing
equipment by a photographic laboratory would normally result in some increase in its value
of taxable service. In the same manner, increase in the number of computers in an internet
caf would generate additional business for the taxpayer.
Like the above rations, many more ratios may be developed depending upon the nature of
industry being audited which may be very useful for the purpose of service tax audit.
Analytical review procedures vary from simple comparisons to reasonably complex
regression analysis and time series modelling. The expected effectiveness and efficiency of
an analytical procedure in identifying potential misstatements depends on, among other
things, (a) the nature of the assertion, (b) the plausibility and predictability of the
relationship, (c) the availability and reliability of the data used to develop the expectation,
and (d) the precision of the expectation. I.e. identified gap.
When an analytical procedure is used as the principal substantive test of a significant
financial statement assertion, the auditor should document all important results and
exceptions.
The auditor should evaluate significant unexpected differences and should use the concept
of materiality to decide where further investigation is required and what should be
dropped. Reconsidering the methods and factors used in developing the expectation and
inquiry of management may assist the auditor in this regard. Management responses,
however, should ordinarily be corroborated with other evidential matter. Here the role of
detailed test procedures comes.
A test of details is the most significant substantive procedure for audit. This involves
selecting a sample of items from the major account balances, and finding hard evidence
(e.g. invoices, bank statements) for those items and verifying and reconciling them with the
physical material as well as with the records or details submitted with the various statutory
or other authorities. The tests which are more relevant for a service tax audit are Inspection of records or documents - it consists of examining records or documents
whether internal or external, in paper form, electronic form, or other media.
Inspection provides evidence of varying degrees of reliability depending on their
nature and source and in the case of internal records, on effectiveness of controls
over their production.

SEMINAR ON SERVICE TAX

Inspection of tangible assets it consists of physical examination of the assets. It may

provide reliable audit evidence of their existence cannot necessarily about other
assertions.
Inquiry - it means seeking information of knowledgeable persons throughout the
entity or outside the entity. Those may be formal written or informal oral. It provides
an auditor with new information or corroborative evidences. It may also bring to
high information different from the one possessed by the auditor. Certain oral
inquiries might be got confirmed through written representations.
Confirmations it is a specific type of inquiry. It is the process of obtaining a
representation of information or an existing condition directly from a third party.
Confirmations are sought from debtors, creditors, bankers, legal advisors etc.
Reconciliation matching two independent sets of records.
Out of the above audit procedures, the procedure which requires discussion in detail is
inspection of records and documents in view of the fact that identifying the document
which needs to be inspected, the relevant data in that document and sourcing that
document is an area where one may add good value particularly from the perspective of
service tax audit.
Some of the documents which are particularly useful in substantive audit are
Basic financial documents - financial statements, credit registers, invoices etc.
Service tax records of the assessee service tax returns, respective ledgers and
invoices etc.
Income tax records of the assessee balance sheet along with the P&L account
submitted with income tax authorities, TDS return, form 3CD ( tax audit report) if
applicable, form 26AS (TDS deduction form)
ROC records Balance sheet and P&L account submitted with the ROC
Bank statements and the financial details submitted to bankers in case of loan etc.
Vat records copies of vat returns
Relevant data from regulatory authorities
All the above records may contain relevant information supporting to assess service tax
liability/credit position depending upon the mix of turnover of a company and the nature of

SEMINAR ON SERVICE TAX

industry. Some of the records provide the relevant data independently and some other
records
Some of the examples of the manner in which the above records may be used are as under:
Bank statement of an assessee may be cross verified with the income/revenue
receipts shown in the st-3 returns of the assessee this may identify the gaps in the
income which people may net off at times.
TDS return filed by an assessee contains the details of expenses on which they
deduct TDS many of these are input services chargeable to service tax this data
can highlight the possible leakage of service tax in case of input services where
service tax is payable on reverse charge.
Form 26AS is a form which lists out the incomes of an assessee on which others have
deducted TDS, most of which relates to the taxable services this form may be very
useful in identifying the taxable income of an assessee.
A reconciliation of service turnover shown in the ST3 return with the turnover shown
in the P&L account of an assessee would be helpful in identifying the possible tax
leakage.
A figure of sales shown in the P&L account can be reconciled with the figures of sale
in the vat returns of the assessee to ensure the correctness of this data.
Data from regulatory authorities may be very useful. For example, in case of
insurance brokers, they are supposed to file an annual return of commission earned
to the IRDA. This data may be very useful in identifying the respective service tax
position of the assessee.
Apart from the inspection of records and documents, reconciliation, enquiries,
confirmations and physical checking are other tools for test in detail for the audit. Given the
so many tools of substantive audit, the point is that how to balance out the needs of a given
audit in terms of selecting the most appropriate audit procedure and the tool. This would
largely depend upon the nature of industry and the size and complexity of the business of
an assessee and thus availability of an industry wise database with the service tax
department may prove to be a big asset for the purposes of service tax audit.