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THE KERALA VALUE ADDED TAX ACT, 2003
CHAPTER V : ASSESSMENT, RECOVERY OF TAX AND PENALTIES

Body 23. Visit to dealer's premises and audit of accounts and other records by audit officers.-

(1) The Government or any authority or officer empowered by them in this behalf may designate any officer not below the rank of a Joint Commissioners of State Tax to conduct audit visit at the business place of any dealer and to audit any returns, books of accounts, any other records or stock statements and goods relating to the business, either by himself or through audit officers not below the rank of an assessing authority. The Officer so designated and the audit officers shall follow the procedure as may be notified by Government.

(2) The audit officers shall have all the powers of an assessing authority.

(3) The designated Officer may, by an order in writing, authorize not less than two audit officers to visit the place of business of any dealer and audit any returns, books of accounts, any other records, stock statements and goods relating to any return period.

(4) The audit officers authorised in this behalf may, with due intimation to the dealer enter any place of business and require the dealer, his employee or any other person found there assisting the dealer in carrying on business to make available all or any of the books of accounts or other records relating to any return period for audit and require them to prove the correctness of the stock statement and goods and thereupon the dealer or his representative shall render necessary facilities to the audit officers to conduct the audit.

(5) The audit officers may inspect and verify all or any of the books of accounts and other records relating to any return period and require the dealer to furnish any information or statements relating to the business which he may deem necessary for checking the credibility or correctness of the returns.

(6) If any dealer or any other person who is required to make available any books of accounts or records for audit fails to do so without any reasonable cause or fails to prove the correctness of the stock statement, goods or the turnover or the input tax credit or the refund claimed, notwithstanding anything contained in section 11, 20, 21 and 22,-

    (a) where the input tax credit or refund claimed in relation to the period covered by the audit is not proved, the claim shall be liable to be disallowed; or

    (b) where the correctness of the stock statement or the turnover is not proved, the assessment for the period, the stock statement or turnover in relation to which has not been proved, shall be liable to be completed to the best of judgment, in such manner as may be prescribed.