9911796707
TMI Blog2004 (10) TMI 30X X X X Extracts X X X X X X X X Extracts X X X X ..... ed accountant is a professional and so far as fees are concerned ordinarily it would differ from person to person. However, in the instant case, we are of the opinion that the fees have been charged as per the norms laid down by the All India Institute of Chartered Accountants - we cannot interfere with the order made by the Commissioner of Income-tax u/s 142(2D) - assessee is directed to pay the amount to the chartered accountant within a period of four weeks with interest at the rate of 15 per cent, from the date of submitting the bill. - - - - - Dated:- 26-10-2004 - Judge(s) : B. C. PATEL., BADAR DURREZ AHMED. JUDGMENT The judgment of the court was delivered by B.C. Patel C.J. - These petitions are essentially against the order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the assets seized as detailed in the seized annexure are reflected by the abovementioned assessees in their books or in their return of income. (e) To ascertain and quantify the amount spent year wise and assessee wise in respect of various landed properties and towards construction of houses with reference to the seized material. (f) To find out whether the IVP, KVP and FDRs made in previous years are from accounted or unaccounted income. (g) To verify the transaction covered under the three questionnaires dated June 12, 1998, June 29, 1998 and September 1, 1998, issued to the assessees for ascertaining the unaccounted transaction. (h) To comment upon maintenance of accounts and if possible to indicate whether accounts have b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore us it was submitted by counsel for the assessees that the bill is not only inflated but is without any basis. He further submitted that there is nothing on record to show that the chartered accountant or the team worked for the particular number of hours as indicated in the bill. As against this the chartered accountant in WP(C) No. 6312 of 2000 has stated that he had placed before the Assessing Officer all the details of the work and has also pointed out that considering the nature of work, his bill was according to the professional standards and there was no reason for the Commissioner of Income-tax to interfere and reduce the amount payable to him. The chartered accountant has invited our attention to a letter dated March 31, 2000, w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w, made a basis for the reduction of the bill. (c) With regard to rate prescribed by the ICAI are only for reference, our appointment for special audit under section 142(2A) of the Income-tax Act, 1961, in case of the P.N. Misra group of cases was made by the learned Commissioner of Income-tax (II), New Delhi, based on the scale of fees prescribed by the ICAI. It was categorically pointed out to then learned Commissioner of Income-tax that the fees will be as per the scale prescribed by the Institute. It may be further noted that the scale of fees prescribed by the ICAI were applied in respect of special audit undertaken earlier at the instance of the Commissioner of Income-tax (II) who has appointed us in the P.N. Misra group of cases. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is also clear from the affidavit that opportunity of hearing was given for the purpose of fixation of fees and only after hearing the parties the order has been made. It is in this situation the assessee is requesting the court that the Commissioner has erred in sanctioning the bill while on the other hand the chartered accountant has made a grievance that the Commissioner has erred in reducing the amount of fees of his bill. This court is not sitting as an appellate court. The court is required to only satisfy itself that the order has been passed by the competent authority on the basis of material which was placed before the authority and after hearing the parties. If may be that in a case like this the fee fixed by a different Commiss ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
