Is there any personal liability on the CA if his certification in form 15CB went wrong ? I mean, his intrepretation of law was not accepted by the department and they issued notice to the assessee.
Please advise...
2 Replies
Prateek Agarwal
(Sr. Executive - Finance & Accounts)
(1732 Points)
Replied 06 March 2012
Form 15CB is a Certificate.
The CA is just certifying what the client has produced before him.
Hence, i dont think its a personal liability of the CA.
Prateek
Roodita Gaikwad
(Practice)
(4412 Points)
Replied 22 April 2025
In general, a Chartered Accountant (CA) certifying Form 15CB is expected to exercise due diligence and professional judgment. However, if the CA's certification was based on an honest interpretation of the law and their advice was reasonable at the time, they are typically not personally liable for any misinterpretation or subsequent notice issued by the tax department.
That said, professional liability could arise if the CA was negligent or failed to follow proper procedures while preparing the certification. It is important for the CA to provide the correct facts and ensure that they have sufficient supporting documentation and a clear understanding of the tax laws before certifying Form 15CB.
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