Introduction, Procedure of Excise Audit 2000.
							
						
						
					 
					
	
	
Introduction
What is Excise Audit 2000
Procedure of Excise Audit 2000
Conclusion
Chapter 15
EXCISE AUDIT 2000
	- Introduction  
 
 1.1 In conventional sense, Audit means scrutiny and verification of 
	documents, events and processes in order to verify facts and, draw 
	conclusions regarding the correctness of recording of facts and the 
	efficiency of a system under study. For Central Excise purposes Audit means 
	scrutiny of the records of assessee and the verification of the actual 
	process of receipt, storage, production and clearance of goods with a view 
	to check whether the assessee is paying the central excise duty correctly 
	and following the central excise procedures.
 
 1.2 Under the conventional /traditional system of central excise audit, 
	audit parties visit assessees unit without much preparation and verify all 
	the statutory records (i.e. those prescribed under the Central Excise law) 
	to check compliance of procedures and also leakage of revenue, if any. 
	Experiences show that such audits do not result in detection of major 
	aberrations. Most of the audit objections pertain to either minor procedural 
	irregularity or duty short payment of small amounts mostly due to human 
	error. Further, this method of auditing does not envisage checking of the 
	internal records of the assessee as well as those records which are 
	maintained by the assessee under the other laws like Income Tax Act, Sales 
	Tax Act, Companies Act etc.
 
 1.3 One of the announcements made during Budget 2000 as a measure of 
	simplification of procedures, was the dispensation of all statutory records 
	under the central excise law. No longer was the assessee required to record 
	the receipt of raw material, production and clearance/sale of finished goods 
	etc. in registers/documents prescribed by the central excise department. As 
	a result, the assesses are now allowed to maintain all their records in 
	whichever form they like (including maintenance of the entire records in 
	electronic form) provided the essential information required for calculation 
	of central excise duty liability can be obtained from such records. Under 
	these circumstances it becomes necessary for the auditors to look into the 
	assessees own (private) records to verify whether the assessee is paying 
	central excise duty correctly and following the laid down procedures.
 
 1.4 Another change brought in recent years is doing away the system of 
	assessment of the returns by the departmental officers. Now the assessee is 
	required to self assess his monthly tax returns (called the E.R.1/E.R.2) 
	before filing the same with the department. The departmental officers only 
	scrutinise this return to check for any apparent mistake made by the 
	assessee. They are not required to carry out detailed verification. 
	Therefore, the entire burden of checking whether the assessee actually 
	paying his taxes correctly, now lies with audit.
 
 1.5 The statutory changes resulting in dispensation of statutory records as 
	well as self assessment of central excise duty by the assessee has led to 
	the conventional/traditional system of audit becoming irrelevant.
 
- What is Excise Audit 2000 
	 
 
 2.1 Traditional audit will eventually be replaced by Excise Audit 
	2000 (EA 2000), a new system of audit. This new system was initiated from 
	1st December 1999 when it was implemented in case of all assessees paying 
	cash duty of over Rs.5 crores per annum. In September 2000, the Central 
	Board of Excise and Customs made this audit applicable in case of all 
	assessees paying cash duty of over Rs. 1 crore per annum. At present, in 
	addition to audit of such units, those units which pay cash duty of Rs. 10 
	lakhs or more but less than Rs.1 Crore will be audited once in two years. 
	Not more than 20% of the Units paying cash duty less than Rs.10lakhs are to 
	be audited in a year. It is expected that by April 2002, all assessees will 
	be subjected to EA 2000.
 
 2.2 The essential philosophy of EA 2000 is that this audit is based on the 
	scrutiny of business records of the assessee. This is a more systematic form 
	of audit wherein the auditors are required to gather basic information about 
	the assesee and analyze them to find out vulnerable areas before conducting 
	the actual audit. The audit is therefore more focused and in-depth as 
	compared to the traditional audit. Further, at every stage of audit, the 
	assessee is consulted. This makes EA2000 audit user friendly.
 
- Procedure of Excise Audit 2000 
	 
 
 3.1 Selection of Assessee
 
 3.1.1 The process of EA 2000 begins with identification of a unit 
	to be audited. Normally, there are about 1000 to 1500 assessees under the 
	jurisdiction of a Central Excise Commissionerate. It is not possible for the 
	audit staff to conduct audits of all the units every year. Therefore, 
	depending upon the manpower availability, about 300 to 400 units are 
	selected for conducting audit during a financial year. Under the 
	conventional system of audit the units were picked up randomly without any 
	scientific basis of selection. Under EA 2000, the selection of the unit is 
	based taking into account in the 'risk-factors'. This means that the 
	assessees who have a bad track record (having past duty evasion cases, major 
	audit objections, past duty dues etc.) are given priority for conducting 
	audit over those having clean track record.
 
 3.2 Desk Review
 
 3.2.1 The auditors are assigned the assessees to be audited at the 
	beginning of the financial year. The auditors are required to gather as much 
	information about the assessee as possible. They can gather information from 
	the departmental records, published documents like balance sheets annual 
	statements etc., and through market Enquirer. Since this can be done without 
	interacting with the assessee, this step called as 'desk-review'.
 
 3.3 Documenting Information
 
 3.3.1 At the stage of ‘Desk Review’ the auditors may have already 
	identified certain areas, which warrant closer examination. The auditor may 
	also require certain documents or information from the assessee to complete 
	his preliminary investigation. For this he may write letter to the assessee 
	or send him a questionnaire to obtain this information. This step is called 
	'gathering and documenting assessee information'.
 
 3.4 Touring
 
 3.4.1 The auditor then visits the unit of the assessee to see the 
	actual running of the unit, the systems that are followed for maintaining 
	records in various sections and the system of movement of goods and the 
	related documents within the unit. This step is called 'touring of the 
	premises'. This gives the auditors a general overview about the procedure 
	adopted by the assessee and the possible loopholes through which revenue 
	leakage can take place.
 
 3.5 Audit Plan
 
 3.5.1 Based on his experiences and the information gathered so far 
	about the assessee, the auditor now makes a 'audit plan'. The idea of 
	developing audit plan is to list the areas which, as per the auditor are the 
	vulnerable areas from the revenue point of view. Since number of 
	documents/records maintained by assessee is huge in number, it also 
	necessary that the auditor should select only some of them for the actual 
	verification. The preparation of audit plan helps him to do that. It must be 
	remembered that audit plan is not rigid but a dynamic concept. During the 
	course of audit if the auditor notices certain new facts or new aspects of 
	the planned area of audit, he can always alter the audit plan accordingly, 
	with the approval of his supervisor. Similarly, in case during the actual 
	audit, if the auditor is convinced that any area which was earlier planned 
	for verification does not require in-depth scrutiny, he may alter the plan 
	midway after obtaining approval of the superior officers. Preparation of 
	audit plan is one of the most important steps of EA 2000. A well thought 
	audit plan generally increases the success of audit result manifolds.
 
 3.6 Verification
 
 3.6.1 The most important step of audit is the conduct of actual 
	audit, which in technical parlance is called 'Verification'. The auditors 
	visit the unit of the assessee on a scheduled date (informed to the assessee 
	in advance) and carry out the scrutiny of the records of the assessee as per 
	the audit plan. The auditor is required to compare the documentation of a 
	fact from different documents. For example, the auditor may check the 
	figures of clearance of finished goods showed by the assessee in central 
	excise return with the sales figures of the said goods in Balance Sheet, 
	Sales Tax Returns, Bank statements etc. The auditor may also enquire about 
	the entries which appear vague (say an entry like 'Misc. Income') in various 
	records and documents. The idea behind conduct of verification is to 
	reasonably ensure that no amount, which as per the Central Excise law is 
	chargeable to duty, escapes taxation. The process of verification is always 
	carried out in presence of the assessee so that he can clarify the doubts 
	and provide required information to the auditor.
 
 3.7 Audit Objection and Audit Para
 
 3.7.1 Where the auditor finds instances of short payment of duty or 
	non-observance of Central excise procedures, he is required to discuss the 
	issue with the assessee. After explanation provided by the assessee, if the 
	auditor is satisfied that such non-tax compliance has occurred, he records 
	the same as an 'Audit Objection' or 'Audit Para' of the 'draft audit report' 
	that he would be preparing at the end of the verification process. Auditor 
	is advised not to take formal objections to mere procedural lapses/ 
	infractions/ adoption of wrong procedures, which do not result in any short 
	payment of duty or do not have bearing upon the duty payment. In such cases 
	the auditor is required to discuss the matter with the assessee and advise 
	him to follow the correct procedure in future. Further, while making an 
	audit para, attempt should be made to tabulate the duty short paid by the 
	assessee at the spot and incorporate it in the para itself. However, if this 
	is not possible for the paucity of time or for the want of some information 
	not available at that time, the auditor should make a note of the same in 
	his report.
 
 3.8 Audit Report
 
 3.8.1 At the end of the process of verification the auditor 
	prepares an 'Draft Audit Report' which incorporates all the audit 
	objections/audit paras. An audit report provides (issue or para wise) the 
	issue in brief, the reply or the explanation of the assessee, the reason for 
	the auditor not being satisfied with the reply, the amount of short payment 
	(if tabulated) and the recoveries of the same (if could be made at the 
	spot). The draft audit report is then submitted to the superior officers for 
	review, who examine the sustainability of the objections raised by the 
	auditors. After such review, the audit report becomes final and in cases 
	where the disputed amounts have not already been paid by the assessee at the 
	spot, demand notices are issued by the department for their recoveries.
- Conclusion  
 
 4.1 EA 2000 is a modern, transparent and interactive method of 
	audit wherein the auditor proceeds with audit fully conversant with the 
	business of the assessee. On his part, the assessee is given full 
	opportunity to explain his stand on any particular matter so that matters 
	are resolved in full appreciation of legal position. EA 2000 is thus a 
	participative audit.
 
 4.2 A requirement of EA 2000 is that the auditors must be thorough in their 
	knowledge of Central Excise law and procedures, notifications, instructions 
	and circulars issued by the Finance Ministry and the judicial decisions on 
	issues relating to central excise laws. To be successful auditor, knowledge 
	about financial bookkeeping, accountancy and proficiency in understanding 
	commonly used commercial books and documents is of great help. Further, 
	being computer literate is an added requirement while auditing an assessee 
	who maintains his accounts in electronic format.