2013 (7) TMI 525 - HC - Indian Laws

Qualified audit report - Disciplinary proceedings against Chartered Accountant (CA) - Discrepancies in the audited balance sheet and profits and loss accounts - Respondent pleaded guilty before disciplinary committee - Held that - balance sheet and profits and loss accounts of the assessee were incorrect - Whether the mistake was bonafide or not is not very material - Even if the computer typist took the last year s closing stock figure and adjusted the cane payment dues account to tally the balance sheet, the respondent was required to compare the closing figure with the closing balance in the books of accounts and the trial balance thereof - no evidence that the respondent cared to obtain confirmation from third parties regarding the amount due to them, which would have demonstrated that the cane dues as mentioned in the balance sheet are incorrect - He simply signed the balance sheet, profits and loss account prepared by the computer operator without verifying the correctness and authenticity of the facts and figures appearing therein - He failed to exercise the professional skill which he possessed by acting in a totally perfunctory manner - Respondent acted in a grossly negligent manner and failed to obtain sufficient information to warrant the expression of opinion in the balance sheet and profits and loss accounts - Following decision of In Re Shri M , An Advocate of The Supreme Court of India 1956 (10) TMI 31 - SUPREME COURT - Decided in favour of Council. Quantum of punishment - Held that - No malafide intention has been found on part of the respondent in furnishing incorrect audit report and financial statements - Respondent is in profession for more than 20 years with no history of any such misconduct in the past - Interest of justice will be served if respondent is severely reprimanded for his misconduct - Decided in favour of Council.

Issues Involved:
1. Discrepancies in the audited balance sheet and profit and loss accounts.
2. Failure to produce books of accounts despite notices.
3. Gross negligence and professional misconduct by the chartered accountant.

Detailed Analysis:

1. Discrepancies in the Audited Balance Sheet and Profit and Loss Accounts:
The respondent, a chartered accountant, audited the accounts of a firm for the assessment year 1998-1999. The Income Tax Officer identified various discrepancies in the balance sheet and profit and loss accounts prepared by the respondent. Specifically, the closing stock of Sugarcane and Gur was shown inconsistently between the balance sheet and the manufacturing, trading, and profit and loss account. The balance sheet tallied at Rs.40,99,728.51, whereas the correct value of the closing stock was Rs.44,42,550/-. Additionally, there was a discrepancy in the closing stock of sugarcane, with different figures reported in Form 3CD and the profit and loss account. The respondent attributed these inconsistencies to clerical mistakes by his computer operator.

2. Failure to Produce Books of Accounts Despite Notices:
The firm failed to produce any books of accounts for verification despite notices issued under sections 142(1) and 131 of the Income Tax Act. Consequently, penalties were imposed for non-compliance. The Trade Tax Officer also noted that no books of accounts were produced during assessment proceedings, leading to ex-parte orders assessing significantly higher sales and income than declared by the firm.

3. Gross Negligence and Professional Misconduct by the Chartered Accountant:
The Council of the Institute of Chartered Accountants of India, after receiving a complaint from the Income Tax Officer, framed charges against the respondent for failing to point out discrepancies in the audit report and books of accounts. The disciplinary committee found the respondent guilty of professional misconduct under clauses (7) and (8) of Part I of the Second Schedule read with sections 21 and 22 of the Chartered Accountants Act, 1949. The respondent admitted his guilt under Regulation 15(2) of the Chartered Accountants Regulations, 1988. The committee noted that the balance sheet tallied despite discrepancies in the closing stock value, indicating gross negligence.

Legal Findings and Judgment:
The court examined whether the respondent's actions amounted to "gross negligence" and "an act of omission" under the relevant clauses and sections of the Chartered Accountants Act. "Gross negligence" was interpreted as a relative term, judged by the duties a person is obliged to perform. The court cited several precedents, emphasizing that professionals are expected to exercise their skills with reasonable competence and are liable for negligence if they fail to do so.

The court found that the respondent failed to perform his duties as a tax auditor by not verifying the correctness and authenticity of the facts and figures in the balance sheet and profit and loss accounts. The respondent's admission that the mistake went undetected due to work pressure further demonstrated his gross negligence. The court concluded that the respondent acted in a grossly negligent manner and failed to obtain sufficient information to warrant the expression of opinion in the financial statements.

Punishment:
Considering the respondent's admission of guilt, lack of malafide intention, and his professional history, the court decided to take a lenient view regarding the quantum of punishment. The respondent was severely reprimanded for his misconduct under section 21(6)(b) of the Act. The reference was accepted, and the respondent was held guilty of misconduct, with the order communicated to the Council for consequential action.

Conclusion:
The court upheld the findings of the disciplinary committee and the Council, holding the respondent guilty of professional misconduct and gross negligence. The respondent was severely reprimanded, and the order was communicated to the Council for further action.

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