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Manasa S   27 September 2021

Careless and irresponsible ca

My grandmother Ms. Usha murthy 82yrs of age filled her incometax in the year 2017 with the help of a Mr. Ajay Kumar a CA. Post which there were some notices were sent by the IT dept pertaining to some heavy amount transactions in her account. As my granny is abandoned by her son(my maternal uncle) and stays with us from a few years now. All the notices were sent to my uncle and was not informed to us at all. The same way neither the CA whom she filled the tax with also did not convey any of the notices to her. Now the peanalty leavied by IT dept is so huge that my grandmother cannot repay it at all, as she is left with nothing now.
Now can we sue the CA for not informing the notices sent by the IT dept. Isn't this an Irresponsible n careless act by the CA?
please post in your opinions.


Learning

 8 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     27 September 2021

You can give complaint on C.A. to the ICAI. The Council of the Institute of Chartered Accountants of India, as per the Act has the right to establish a Disciplinary Directorate headed by the officer of the Institute (Director, Discipline) to investigate on any complaint received to it on professional misconduct.

Pradipta Nath (Advocate)     28 September 2021

Was the notices addressed to your CA too?
1 Like

G.L.N. Prasad (Retired employee.)     28 September 2021

It appears that notices were given to GM only and not to CA. When CA has no knowledge, the blame can not be thrown on him, and still, the main issue remains without a solution. Focus on remedy and contact the same CA for filing such petition /Appeal to the higher authorities explaining the position and for waiver of such penalty. Always identify the fundamental issue and focus on a remedy to the problem, and never distract attention to other matters that are in no way remedy to the main complication.

GANDHI MOHAN BHARATI (Pensioner)     28 September 2021

Did you give authority to CA to file on her behalf? Most Cas file ITR but it is you who sign and verify and NOT the CA

P. Venu (Advocate)     28 September 2021

The priority ought to be pursuing the remedies against the fine imposed.

1 Like

GANDHI MOHAN BHARATI (Pensioner)     30 September 2021

In the present faceless Regime I do not see any other remedy other than going and prostrating before the Chief Commissioner of IT or in front of FM

1 Like

Manasa S   30 September 2021

yes the mails were sent to the CA address also

GANDHI MOHAN BHARATI (Pensioner)     30 September 2021

The priority ought to be pursuing the remedies against the fine imposed. Agree ith Mr.Venu. Please meet the Chief Commssioner of Income Tax to seek relief from the penalties. 

Taking action against the CA is a secondary matter

 


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