Section 58A in The Delhi Value Added Tax Act, 2004
58A. [ Special Audit. [Inserted by DVAT (Amendment) Act, 2005 (5 of 2005), w.e.f. 1-4-2005.]
- [(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 be specified.](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.] [Substituted by the Delhi VAT (Amendment) Act, 2013 (1 of 2013), dated, 28-3-2013, w.r.e.f. 18-6-2012. Prior to substitution, it was substituted by Delhi Act 14 of 2012, w.e.f. 16-1-2013 and read as under: '(2) The expenses of, and incidental to, the examination and audit of records under subsection (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.'](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 180 days from the date on which the direction under sub-section (1) is received by the dealer.(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 determined and paid by the Commissioner and that determination shall be final.] [[Substituted, vide Delhi VAT (Amendment) Act, 2013 (1 of 2013), dated, 28-3-2013, w.r.e.f. 18-6-2012. Prior to substitution, sub-section (4) read as under:'(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.']]
