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Genuine tax audit report

Sathish M (Management Accountant) (40581 Points)

06 August 2014

It is alleged in some cases that the signature of a CA on a tax audit report is superficial, as it is not properly authenticated by the concerned person. What consequences is faced by the auditor and auditee in the event of discovery of discrepancy by the Income Tax department in such cases?

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DrSANGITA PHD MBA(usa)CACSCWA (President Finance & Taxation) (405 Points)
Replied 06 August 2014

Pointwise Answer to Your Query.

Incase on improper Authentication. ie someone else signing ( Bogus/Misrepresanting the Auditor) the audit Report, & IT dept discovering this fact, They can Reject the Books of Accounts & the Audit Report, Issue a Summons on the Party & also if Requierd after their own Investigation Raid the Party / Order a Special Audit. & Reopen the Assessment for Last 4 Yrs atleast.They will also locate the Auditor through ICAI Members List/ICAI whose name has been forged & take his statement & find the person who has done the Forgery & file a Criminal FIR with Police u/s 420, 461,463,..........etc of IPC. which except 420 are Probable Non Bailable Offences.

Assuming that the Forging Person is also a CA then ICAI will Immediately Suspend his COP & after investigation & giving an Opportunity of being heard to such Forging Member will Remove his Name from the Register of Members of ICAI & ICAI will also lodge a Criminal Complaint against the Forging Member.

As for the Auditee, if it is Proved beyond doubt that he was also a Part to such Forgery which was within his Knowledge than he will also face a Criminal Charge u/s IPC where IT dept will file an FIR against him too. & if the auditee is found Innocent beyond doubts than he can plede innocent & get saved in the Case.

Asssuming that authentication is simply not proper ( but is Genuine & not Forged ) than even if it is discovered by IT dept, it will have no consequences, Jst the IT dept will call on the Concerned auditor & ask him to put his Seal & Signature afresh in presence of the ITO & matter will end there, Such Improper authentication does not lead to any Crime or offence punishable or even need to be compounded, It can be take as a clerical & Human carelessness which cannot be termed as offence.

Considering that you are aware of the Real fact of the case, If it falls in the act of forgery as answered by me at first instance above then its better manage the IT dept concerned Officer at his level & get the issue closed & buried at his level only, else it will be a very Bad day for the Forging Dubious CA & also the Client/s till they prove Innocent.

Hope your Query is replied to your Required satisfaction.

Should you need any more Opinions send a PM & dont ask such queries on Open Platform, it may Boomrang against you as all type of People have an access to this Site

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Sathish M (Management Accountant) (40581 Points)
Replied 06 August 2014

Thank you Dr.Sangita ji for your detailed analysis of the issue which I raised.

(Guest)

Originally posted by : DrSANGITA PHD MBA(usa)CACSCWA
	Pointwise Answer to Your Query. Incase on improper Authentication. ie someone else signing ( Bogus/Misrepresanting the Auditor) the audit Report, & IT dept discovering this fact, They can Reject the Books of Accounts & the Audit Report, Issue a Summons on the Party & also if Requierd after their own Investigation Raid the Party / Order a Special Audit. & Reopen the Assessment for Last 4 Yrs atleast.They will also locate the Auditor through ICAI Members List/ICAI whose name has been forged & take his statement & find the person who has done the Forgery & file a Criminal FIR with Police u/s 420, 461,463,..........etc of IPC. which except 420 are Probable Non Bailable Offences. Assuming that the Forging Person is also a CA then ICAI will Immediately Suspend his COP & after investigation & giving an Opportunity of being heard to such Forging Member will Remove his Name from the Register of Members of ICAI & ICAI will also lodge a Criminal Complaint against the Forging Member. As for the Auditee, if it is Proved beyond doubt that he was also a Part to such Forgery which was within his Knowledge than he will also face a Criminal Charge u/s IPC where IT dept will file an FIR against him too. & if the auditee is found Innocent beyond doubts than he can plede innocent & get saved in the Case. Asssuming that authentication is simply not proper ( but is Genuine & not Forged ) than even if it is discovered by IT dept, it will have no consequences, Jst the IT dept will call on the Concerned auditor & ask him to put his Seal & Signature afresh in presence of the ITO & matter will end there, Such Improper authentication does not lead to any Crime or offence punishable or even need to be compounded, It can be take as a clerical & Human carelessness which cannot be termed as offence. Considering that you are aware of the Real fact of the case, If it falls in the act of forgery as answered by me at first instance above then its better manage the IT dept concerned Officer at his level & get the issue closed & buried at his level only, else it will be a very Bad day for the Forging Dubious CA & also the Client/s till they prove Innocent. Hope your Query is replied to your Required satisfaction. Should you need any more Opinions send a PM & dont ask such queries on Open Platform, it may Boomrang against you as all type of People have an access to this Site