madhav (job) (63 Points)
13 May 2011Hi,
Here assessee is business man and he is not much educated. Should he expected to Know the provisions and section of Income Tax, 1961 and if depends upon on his CA , ITP or Legal Adviser for his income tax compliance then who will be held responsible in case of any malfide acts or violations of provisions or sections of the IT Act by his advisers?
Kindly provide some write up and case laws on the above issue.
Thank you.
Amol Gopal Kabra (CA,CS,DISA)
(Practicing CA)
(8639 Points)
Replied 13 May 2011
If the act is done on his own by the assessee, then he himself is responsible. In case, the Consultant or CA or Advisor has advised him with malafide intention, then both the assessee and the consultant are equally responsible. Because, the main thing about laws is that..
"IGNORANCE OF LAW IS NO EXCUSE"
U S Sharma
(glidor@gmail.com)
(21063 Points)
Replied 13 May 2011
CA or ITP or advisor is person who help you to represent yourself with department, documents and data provided is by yourself, in any malafide intension of evasion, you can not say that its not done by yourself, as the advisors were not aware of such facts,
However if you can establish that your such data was produced to advisors and CA, then they are jointly held for such action with yourself.
Its upto yourself to establish that your have done it intentionally or under advise with CA.
Harpreet
(* * * * * *)
(1670 Points)
Replied 13 May 2011
Agreed with Mr. Amol "Ignourance of Law is not an excuse"
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