Hi,

I did not received form 16 for f.y. 2015-16 and my TDS is not deducted, So can I file ITR-1 for f.y 2015-16

Why Partnership between CA in practice and CA in service is not allowed?

Hi! I have a query in ICAI's PM on Chapter of Professional Ethics. The Question asked is:
"A practicing Chartered Accountant was appointed to represent a company before the tax authorities. He submitted on behalf of his clients certain information and explanations to the authorities, which were found to be false and misleading.Comment with reference to the Chartered Accountants Act, 1949 and schedules thereto."

Institute has given its suggested answer with reference to Clause (5) and (6) of Part I of Second Schedule as follows:
"As per Clause (5) of Part I of Second Schedule to the Chartered Accountant Act, 1949, if a member in practice fails to
disclose a material fact known to him which is not disclosed in a financial statement, but disclosure of which is necessary to make the financial statement not misleading, where he is concerned with that financial statement in a professional capacity, he will be held guilty under Clause (5).
As per Clause (6) of Part I of Second Schedule if he fails to report a material misstatement known to him to appear in a financial statement with which he is concerned in a professional capacity, he will be held guilty under Clause (6).
In given case, the Chartered Accountant had submitted the statements before the taxation authorities. These statements are based on the data provided by the management of the company. Although the statements prepared were based on incorrect facts and misleading, the Chartered Accountant had only submitted them acting on the
instructions of his client as his authorized representative.
Hence the Chartered Accountant would not be held liable for professional misconduct."
In my opinion, we cannot make a reference to Clause (5) and (6) since in the aforesaid question as CA is not at all expressing an opinion on Financial Statements. He is making a representation before IT Authorities. Hence, according to me, the answer should be:
Whenever a chartered accountant prepares any statement or return on behalf of his client for representation before the any authority, he prepares such statement or return only to the best of his knowledge and according to the information and explanations provided to him.
If any information or explanation is not provided to chartered accountant or is falsely provided to chartered accountant, then there is no further responsibility on part of chartered accountant, provided he has exercised reasonable care. But, if he has not exercised due diligence or reasonable care, then he shall be deemed to be guilty of professional misconduct under clause (7) of Part I of Second Schedule to Chartered Accountants Act, 1949.
Hence the Chartered Accountant would not be held liable for professional misconduct in the current case, assuming that he has exercised reasonable care and skill.
Kindly suggest whether ICAI's suggested answer is correct?

Shop rent cover in house property.
If yes how to calculate

hey sir my brother is in USA Nd few years back invested the money in ppf Nd now he got citizenship in USA Nd ppf account matured so is it good to invest such money in india or convert such account to nro account ? or can extend the period or something better than this

i have applied for the pan card one month ago and now they are showing that " Income tax department database show that you may have been issued pan in your name. ITD yet to inform status of your PAN application. Please suggest me how to deal with this problem

Dear Experts,

Common Seal is mandatory for pvt ltd co.?

When will use this common seal by a pvt ltd co.?

Please advise.

Thank you.

Can Carried forward unabsorbed depreciation cannot be set off with
short term capital gains arised by sale of business assets,if so under what section of Act.

dear pls i file a return itr4 for the financial yr 2015_16 , but showing gross income as 400,000 and profit is 115600, but when file return, file as that we didnt maintain books of account and file the return accordingly like not showing pnl just file d return on total basis... so mu ques is that i file the wrong as selecting that "not maintain any books of accoint" so what are the consequences and wht should i do nw ??

In regards to Sec 54 of Income Tax Act, exemption is available if:
a) New Property purchased before 1 year / after 2 years of sale of property., or
b) Constructed withing 3 yrs from sale of property

My query is that, will the exemption be available if a property is constructed before 1 year of sale of property, as section specifies 'Purchase before 1 year'.