Harun Raaj & AssociatesHarun Raaj & Associates
Indirect Tax Services

GST Audit & Investigation

GST Audit

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SCOPEConfirmed in writing
TYPICAL TIMELINE15–20 days
DOCS REQUIRED5 documents

Regulatory Framework

GST audit and investigation are governed primarily by Sections 65, 66, and 67 of the CGST Act, 2017, together with Rule 101 (departmental audit) and Rule 102 (special audit) of the CGST Rules, 2017.

Departmental Audit (Section 65, Rule 101): The Commissioner, or an officer authorised by him, may undertake an audit of any registered person's records, returns, and other documents to verify correctness of declared turnover, taxes paid, refunds claimed, and input tax credit availed. The registered person must be given at least fifteen working days' advance notice in FORM GST ADT-01. The audit must ordinarily be completed within three months of commencement, extendable by the Commissioner for a further period not exceeding six months, for reasons recorded in writing. On conclusion, the findings, along with the registered person's rights and obligations, are communicated in FORM GST ADT-02 within thirty days. Where the audit discloses tax short-paid, unpaid, or input tax credit wrongly availed or utilised, the proper officer initiates proceedings under Section 73 (non-fraud cases), Section 74 (fraud, wilful misstatement, or suppression cases), or Section 74A (for tax periods from FY 2024-25 onward, per the Finance Act, 2024).

Special Audit (Section 66, Rule 102): At any stage of scrutiny, inquiry, investigation, or other proceedings, an officer not below the rank of Assistant Commissioner who forms the opinion — having regard to the complexity of the case and the interest of revenue — that declared value is incorrect or credit availed is not within normal limits, may, with the Commissioner's prior approval, direct the registered person in FORM GST ADT-03 to have records audited by a chartered accountant or cost accountant nominated by the Commissioner. The nominated auditor must submit the report within ninety days, extendable by a further ninety days on the registered person's application or the auditor's own request.

Inspection, Search, and Seizure (Section 67): Empowers an officer not below the rank of Joint Commissioner, on "reasons to believe" that a taxable person has evaded or is evading tax, to authorise inspection of a place of business, and search and seizure of goods, documents, books, or things liable to confiscation. Findings from Section 67 action likewise feed into demand proceedings under Section 73, 74, or 74A.

Overview

GST audit and investigation support is the representation of a business when the GST department examines its affairs — the audit under Section 65 of the CGST Act 2017, the special audit under Section 66, the inspection, search and seizure powers of Section 67, the summons of Section 70, and the demand proceedings of Sections 73 and 74. The department's examination is a process with its own rules and its own pace, and the business's response is a professional discipline: what is produced, how it is produced, what is said and when.

The audit and investigation is where the GST position is tested under pressure. The officers examine the returns, the books, the credits and the transactions; they can summon the personnel under Section 70; and where the findings point to evasion, the matter moves to the demand and penalty machinery. The business that has prepared its records and understands its positions navigates the process; the one that improvises under pressure makes the process worse.

The cost of a mishandled investigation is the escalation of the finding: a demand computed on incomplete records, an admission made without the analysis, a penalty that the facts did not warrant. The professional representation is what keeps the examination within its proper scope and the findings within their proper size.

This service is for businesses under GST audit or investigation. We prepare the response to the audit under Sections 65 and 66, manage the production of records, support the personnel through the Section 70 summons, handle the demand proceedings under Sections 73 and 74, and negotiate the assessment to a fair order.

How It Works

  1. 1

    Notice & Scope Review

    We review the audit or investigation notice and the scope of the examination.

    Harun Raaj & Associates does this2-3 days
  2. 2

    Records & Response Preparation

    We prepare the records and the response for the audit under Sections 65 and 66.

    Harun Raaj & Associates does this1-2 weeks
  3. 3

    Examination & Summons Support

    We support the business through the examination and the Section 70 summons.

    Harun Raaj & Associates does thisThrough the process
  4. 4

    Demand Proceedings

    We respond to the demand notices under Sections 73 and 74 with the positions.

    Harun Raaj & Associates does this2-4 weeks
  5. 5

    Assessment & Closure

    We negotiate the assessment to a fair order and manage the follow-up.

    Harun Raaj & Associates does thisOngoing

Frequently Asked Questions

What triggers a DGGI or CGST anti-evasion investigation?
DGGI (Directorate General of GST Intelligence) investigates: fake invoice networks (circular trading — ITC without actual supply), IGST refund frauds on bogus exports, GST registration fraud using PAN/Aadhaar without the person's knowledge, and high-value unexplained ITC claims. Intelligence triggers: GSTN data analytics, ICEGATE export refund data, bank transaction data, and tip-offs. Searches are authorised under Section 67.
What powers does a DGGI officer have during a search?
Section 67: an officer authorised by a Joint Commissioner or above can search business premises, seize documents and goods liable to confiscation. Section 70: officers can summon any person to appear and give evidence. Section 132: arrest (with warrant) is possible for offences like fraudulent ITC availing or circular trading exceeding ₹5 crore — cognisable and non-bailable offences. The taxpayer has the right to have legal counsel present during search — assert this immediately.
What are the criminal penalties under Section 132?
Section 132: imprisonment and fine for: issuing invoices without actual supply — up to 5 years; fraudulent ITC availing above ₹5 crore — up to 5 years; collecting GST but not paying to the government — up to 5 years; obstruction of officer — up to 1 year. For ₹1–5 crore: up to 3 years. For below ₹1 crore: up to 1 year. These are in addition to civil tax demands and penalties under Section 73/74.
What is compounding of GST offences under Section 138?
Section 138: an officer not below the Commissioner can allow compounding on application, for payment of compounding fees (25–150% of tax involved depending on the offence). Not available for: persons convicted previously under GST/IGST, or for offences involving counterfeit documents or amounts above ₹5 crore for certain categories. Compounding ends criminal proceedings but does not affect civil tax/penalty demands.
What is the role of a CA during a GST search?
Immediately: do not provide documents without a proper panchnama (seizure memo) under Rule 139. Do not make voluntary statements under Section 70 without legal counsel. Post-search: the CA prepares a detailed response to summons — mapping ITC claims to supplier GSTR-1 filings, verifying actual delivery with e-way bills/lorry receipts/bank payments. Voluntary payment before the Show Cause Notice reduces the Section 74 penalty from 100% to 15%.

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