Issues with CA

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Hello,

We are a private limited company and have a CA since more than a decade but since past few years he isn't providing proper service but asking for hike in fees every year to the time to 20%.

Would request some experts to guide on a few points:
1. What's the responsibility of CA in getting back refund from IT? we have pending refunds of 3 years (not latest, around 4/5 years back) but all the CA is doing is writing an email for same and not taking up any responsibility of getting the same to us.
2. He is constantly ignoring our emails for all pending matters.
3. If we plan to change our auditor, do we require an NOC from the CA to amend details in ADT form?
4. He tries to evade from this basic responsibilities like proving a stamped n signed copy of complete set of audit report. He intends is to take a print out of the set in copies and go to him to get it signed and provide him the same too!
5. We haven't cleared his full payment and a particular amount had been kept on hold in lieu of the pending refunds. He wouldn't provide an NOC till we clear the payment and if we clear his full payments, none of our pending issues would be cleared by him. What's the solution to this??

If experts could kindly guide of financial responsibilities that a CA has and if he doesn't fulfill those & refuses to give NOC, can any action be taken against him?


Thanks in advance,
Kavita
Replies (6)

Hi

 

to change a CA for your company, you need to take NOC from the old CA and clear his/her all the pending dues. Than get file form ADT -3.

 

But my suggestion is to sort out the matter mutually. 

Dear Sir,

Thanks for your reply.

Could you please also guide what is the financial responsibility of a CA? Post audit, with no issues, isn't it the responsibility of the CA to get the refund from IT by contacting them personally too if required?

Hi Kavita,

 

legally it is not the responsibility of CA to get the refund back. because it is not in his/her hand. 

However, as a professional one can file a letter in Income Tax Department. that is chargeable too. Rest all depend on the situations

 

I can't say anything more at this matter.

Thanks a lot for your input.
Highly appreciate 🙏

Getting refund is not the responsibility of CA. He may support you in this matter. Also you have mentioned that such refunds are pending since last 3 years. You need to find out the reason why refunds are pending since such a long time.

As far as the signed financials are concerned, most of the auditors are supportive in providing copies but in your case I don't know what the issue is. There is an option to download soft copy of financials, audit report etc from IT portal itself.

The best solution would be to amicably settle the matter. If you think that's not possible, another CA might help you.

Thanks a lot for your reply
Appreciate it 🙏


CCI Pro

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