Penalty under section 271

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

14 August 2014 Sir
Last year i was associated with one of senior CA and i did some of the tax audits of his clients. one of his client called me that he received noticed for penalty for non filling of tax audit report and it came to my notice that his ITR 4 was uploaded through his ID mentioning my name as tax auditor inspite of the fact that i didnt even accepted any appointment letter from him regarding appointment as tax auditor.

I never signed nor uploaded any financials of that particualar client.

Can anyone suggest me whether i will be held responsible for such penalty and whether i can receive any kind of correspondence from income tax department.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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14 August 2014 1. the penalty is on the assessee and not on the auditor

2. regardless, you should submit the audit report now out of professional benevolence

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Querist : Anonymous

Querist : Anonymous (Querist)

14 August 2014 Sir i am presently not in full time practice so its not possible for me to sign the financials.

Sir can you please tell me can i get any kind of notice from IT department regarding the same ?

Nikhil Kaushik

Nikhil Kaushik (Expert)
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14 August 2014 well if you are not in practice (not holding COP), then ask the client to revise the return and ask the senior CA(under whom you were working last year) to sign the audit report. in any case, there is no liability at your end.

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