Section 43 in West Bengal Value Added Tax Act, 2003
43. Audit of accounts.
(1)[Notwithstanding anything contained in section 45, section 47 and section 49] [Substituted w.e.f. 01.08.2006 by S. 12(21) of WB Act XVIII of 2006 for 'Notwithstanding anything contained in section 47 and section 49'.] and subject to such conditions, restrictions and in such manner, as may be prescribed, the Commissioner shall, from among registered dealers, select on a random basis, or upon information or otherwise, such percentage, or such transfer classes of dealers, as may be prescribed, for audit of the accounts, registers or documents, including those in the form of electronic records, maintained or kept by such dealer for any year or part thereof, not being a period which has ended five years previous to the date of selection.(2)After a selection made under sub-section (1) , the Commissioner shall, with due notice to the dealer so selected, proceed to audit of the accounts, registers and documents, including those in the form of electronic records, maintained or kept by the dealer to verify the correctness of returns furnished and the admissibility of various claims including the input tax credit or input tax rebate or refund, for the year or part thereof referred to in sub-section (1).(3)The Commissioner shall, after considering all the evidence produced in course of the proceedings or collected by him, or to the best of his judgment where the dealer has failed to comply with the notice issued under sub-section (1) prepare a report stating his observation therein regarding the correctness of returns, admissibility of various claims of the dealer for the period for which such audit is made.(4)Any audit under the section shall be completed within six months from the date on which the selection is made by the Commissioner:Provided that where the Commissioner is satisfied that audit in respect of such dealer cannot be completed within six months from the date of selection, he may, upon giving the dealer an opportunity of being heard and for the reasons to be recorded in writing, extended the period for another six months:Provided further that the order of such extension shall be made within six months from the date of selection for audit and such order shall be immediately communicated to the dealer.
