articled assistant not liable
Rahul Ramesh
(CA Final, BCom, MBA)
(1084 Points)
Replied 24 May 2010
The assessee is responsible as he/ she has signed the ITR.
sagar
(CA Final)
(379 Points)
Replied 24 May 2010
A_oza. You have a question that while filing ITR, an article has ommited a FD of Rs.1.5 Lakh. Now under scrutiny assessment Assessee is asked to pay tax .
Please consider,
1. Did you mean FD id deductible under chapter VI-A and not taken?
2. Have you taken Interest income as Income from other sources?
How is it deductible? If mistake is apparant from records then the A.O will consider. It means if you have taken interest income and TDS certificate is there, then no issues.
However the boss can not impose such thing on any staff.
sagar
(CA Final)
(379 Points)
Replied 24 May 2010
A_oza. You have a question that while filing ITR, an article has ommited a FD of Rs.1.5 Lakh. Now under scrutiny assessment Assessee is asked to pay tax .
Please consider,
1. Did you mean FD id deductible under chapter VI-A and not taken?
2. Have you taken Interest income as Income from other sources?
How is it deductible? If mistake is apparant from records then the A.O will consider. It means if you have taken interest income and TDS certificate is there, then no issues.
However the boss can not impose such thing on any staff.
Shudhanshu Agrawal
(Business)
(2570 Points)
Replied 24 May 2010
Articles are not liable for any work which they do during their articleship. The reason is because they never sign any document in which they take responsibility. The responsibility is always on the person who is signing the documents.
kaustubh
(student)
(34 Points)
Replied 24 May 2010
Article is not liable for any mistake in return. Principle is also not liable for any mistake in any income tax return. It is the reposibility of the assessee who file the return, because he has sign the income tax return.
CA-CWA RAVI
(CA-CWA in industry)
(5464 Points)
Replied 24 May 2010
file a revised return under section 139(5)
since u have not conceled the income
the question of penalty under section 271 (1) c does not arise
CA-CWA RAVI
(CA-CWA in industry)
(5464 Points)
Replied 24 May 2010
file a revised return under section 139(5)
since u have not conceled the income , revised return is a valid retrn still if scruitny assessment is pending
the question of penalty under section 271 (1) c does not arise!!
or file an appeal to the assessing officer under section 154 for mistakes apparent from the records!
and also section 80a introduced by finance bill 2009 does not apply in ur case
so chill
and take remedy under 154 or 139(5)
ARTICLE WILL NOT BE LIABLE FOR THE MISTAKE . BECAUSE ARTICLE IS A TRAINEE AND WORK DONE BY THE ARTICLE SHOULD BE CHECKED BY THE AUDITOR . BEFORE SIGNING THE RETURN THERE IS A DUTY OF THE AUDITOR TO SEE WHETHER ALL THE INFORMATION IN THE ITR IS CORRECTLY FILLED OR NOT? HE SHOULD SEE ALL INFORMATION SUPPLIED ON THE ITR
Siddharth
(Get Digital Signature Certificates (DSC) in 30 minutes! Click on send PM!)
(672 Points)
Replied 11 June 2010
Guys, most of you are confused with filing of return to auditing and accounting standards, this is funny...
Principals at times act it up/ joke like this to make the articles serious about their work in future. Though you guys took it seriously, but in a different sense. I'm sure the Principal in this case is just kidding, as I'm also damn sure he knows that the article won't be able to pay the fines, taxes as applicable in this case.
Even though at this level we can't be held responsible for our mistakes, but shouldn't we learn taking from now itself?
BTW, at times even I create fuss about small matters and present it to my boss/ my superiors in a complicated way to take my revenge for the fusses created by them. Like once we forgot to affix a revenue stamp on a receipt above Rs. 5000, the client just asked me to bring it and fix it whenever I am passing by their office. I created a fuss at our office, saying the client humiliated me saying - you guys are CA and still you make such kind of lame mistakes. My superior got very scared and serious.. lol. It was fun.