Home Case Index All Cases Income Tax Income Tax + Other Income Tax - 2018 (9) TMI Other This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (9) TMI 208 - Other - Income TaxDisciplinary Proceedings against CA (member of ICAI) - guilty of professional misconduct - failure to make proper disclosure / reporting of the transaction on which no TDS has been deducted - new reporting requirements imposed by the CBDT from 10th August, 2006 - Section 194J r.w.s. 40(a)(ia) - consultation charges paid to doctors from whom no tax was deducted - Held that:- As observed that in the Impugned Order, there is reference of Section 40(a) (ia) while discussing the said default under section 194J as well as in terms of the requirements of Guidance Note on Tax Audit. However, no specific finding has been given on the same in this regard in the Order passed by the Disciplinary Committee of the Institute. Additionally, on examination of the complaint, we found that there was no complaint by the complainant about not reporting of transactions falling under Section 40(a)(ia) and also no show cause was given to the Appellant in this regard. No specific charge was framed on this. No specific finding has been given by the Disciplinary Committee on this count, we understand that the same was mentioned for discussion only and the same is not relevant for the purpose of examining final decision of the Disciplinary Committee on the issue of the said default of non-reporting of transactions on which TDS was not deducted u/s 194J as complained by the complainant. Accordingly, we are not giving any finding on the issue. Looking to all we feel that the “ends of justice” would meet, if the Appellant is awarded punishment to “Reprimand”. We, accordingly modify the Impugned Order of the Disciplinary Committee to this extent. Though, further, we direct the Appellant to be more cautious in future while dealing with such situations.
|