9911796707
TMI Blog2023 (7) TMI 225X X X X Extracts X X X X X X X X Extracts X X X X ..... re at Hyderabad wherein Mr. Abbineni Srinivasulu Goud and others were accused/petitions sought anticipatory bail which clearly reads that they have admitted therein that they happen to be the partners of the assessee herein in the liquor business. There is no denial of the fact that Chartered Accountant, who uploaded the ITRs of the assessee for the assessment year 2014-15. The finding by the Board of Discipline of ICAI is to the effect that the said Chartered Accountant, with the connivance of the partners of the assessee, prepared fake documents to support the ITR which was uploaded without the knowledge of the assessee. It prima facie creates any doubt as to whether there is any income in the hands of the assessee for this year or not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e question that is involved in this appeal. According to the assessee, there was a fraud played by his partners with the connivance of Chartered Accountant in furnishing the return of income and other documents by making use of PAN of the assessee and also the same Chartered Accountant appropriated the refund that was issued by the department. 3. Assessee also pleaded before the learned CIT(A) that there was no real income in his hands and whatever the return of income that were furnished by the Chartered Accountant was false and without his knowledge. Both the authorities did not agree with the assessee and according to them, the assessee is putting up his case of fraudulent filing of returns of income by the Chartered Accountant and va ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e also produced the proceedings of the ICAI. By order dated 06/01/2020, ICAI found that the Chartered Accountant with the connivance of one Mr. Abbineni Srinivasulu Goud, advertantly prepared and filed ITRs of assessee in this case without his knowledge on the basis of fake supporting documents. This order clearly reads that for such an act of mis-conduct the Chartered Accountant was found guilty. The assessee further filed a copy of charge sheet based on his complaint against Mr. Abbineni Srinivasulu Goud and others included the Chartered Accountant before the Judicial First Class Magistrate, Dhone for the offences punishable under section 418, 419, 420, 468, 471 and 477A IPC. This document establishes that the investigation conducted by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wledge of the assessee. It prima facie creates any doubt as to whether there is any income in the hands of the assessee for this year or not? ICAI is a professional body competent to deal with the complaints against the Chartered Accountants, and the proceedings of the Disciplinary Board thereof carry their own credibility and cannot be simply brushed aside. Due regard has to be given to the findings of such professional Body. The said findings lends any amount of support to the contention of the assessee. 9. Be that as it may, criminal case is pending against the alleged perpetrators of the fraud and the findings of the criminal court would clinch the issue with this aspect. Fraud vitiates everything. In these circumstances, I am of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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