Re: [aaykarbhavan] (unknown)

Hi Rani,

ITO has erred in demanding "base material" from the Auditors.

2) - yes

3) - no

4) since the act of the ITO is wrong, there are no consequences arising therefrom.

You may decline to ITO stating that "there are no provisions in the Act for them being asked directly to provide additional information or any "base material" etc, while the tax audit report as per the Act has been duly submitted to the clients by us." 

May be you can add that "your such a notice dated .....  amounts to misuse of powers under section 133(6)"

You may further challenge "what is intended by the "base materials" because the audit is conducted based on the books of accounts etc as maintained by the client and the list of such records maintained by the client aer already disclosed in our tax audit report dated ..... "

However, if you look from the ICAI Code of Conduct / Ethics point of view, you are bound to take due professional care of your cleints' tax matters - though the ITO has erred technically.

Advise - point out the technical errror to the ITO u/s 133(6) 

On Fri, Apr 5, 2013 at 12:46 PM, Kailash <kca_lmp@yahoo.com> wrote:

 

Sir,

I wish to solicit the valued views of the members on the following :-

1) The ITO issued the notice to the Tax Auditor (CA Firm) under section 133(6)  to furnish the

     documentary evidences:-

     "You have conducted the Audit and prepared audited final accounts in the above

      mentioned case for the aforesaid year. You are kindly requested to furnish base

      materials available with you, if any based upon which you have prepared audited

      final accounts"

2) What is the course of action available to the CA Firm. Are they legally bound to maintain the

      confidentiality of their clients' affair. Will they be rightful if they decline to furnish the above

       information to the AO

3)  Is the ITO's action is lawful in issuance of such notice to the Auditor.

4) What are the perceived consequence in case if they (1) refuse to provide information, and (2) if

      they provide the requisite information to the ITO.

Your valued comments are awaited

Thanking you

RANI

--

Best Regards,

 

CA SUDHIR G AGRAWAL

SUDHIR G AGRAWAL & ASSOCIATES

CHARTERED ACCOUNTANTS

CDMA: + 91 9372437923

GSM:   + 91 7620337923

GSM:   + 91 9175082939

Skype ID:  casudhiragrawal

URL: http://sudhirgagrawalassociates.icai.org.in/ 

 

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