Gopinath Varahamurthi
Mindhour Partner, Ass.professor/adm. Officer,
Nathrao
Insolvency N Gst Professional

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Due to some mis-understanding between M.D of our Company and C.A, we wanted to discontinuation of our old Chartered Accountant and appointed to a New C.A.. Unfortunately, our old C.A. is not contacting to us and all the records and some pending works also with him. Evenif he has not raised his bill for the F.Y. 2014-2015. If we deposit the TDS of C.A. for the financial year 2014-15 after 30th April, 2015 what will be the interest / penalty amount. What other problems we will face. He looks our audit and Income Tax matters.
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I presume that the CA is doing internal audit of company a/cs.
The CA has no right to retain company records.
The CA would have given his schedule of charges for audit and IT matters.
Send a responsible officer to his office and pick up all company records.
Probably a registered letter can be sent prior to visit regarding bill and company records.
TDS is deposited for QE Mar 15 and is to be done by 30 April.
so to my knowledge there should no penalty on this transaction if it is for QE Mar 15.(Please reconfirm this from another or new CA/Tax consultant)
Further to the above, your company MD may inform the authorities about engaging the new CA. Also, the new CA may like to put his consent in written for taking all activities related to Tax/filing returns etc.,
Not returning or records by CA amounts to misconduct in profession besides offence under section 406 IPC. Send a legal notice for immediate return of records.Your new CA can advise you of interest payable for delay.
Without giving the threat of consequences, the CA who is loosing his client will do everything to prevent loosing him. It is in every profession. Further delay is causing injury to company only and without sending legal notice, the new CA may not be able to explain the delay before IT authorities.
""Thanks All for your suggestions till date our old CA is not responding any of our letter/mail etc.""
Legal notice needs to be sent.
ICAI can also be informed of misconduct by the CA in factual and legal manner.
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