COURT: | Calcutta High Court |
CORAM: | Abhijit Gangopadhyay J, Sanjib Banerjee J |
SECTION(S): | 145, 44AB |
GENRE: | Domestic Tax, Other Laws |
CATCH WORDS: | bogus accounts, strictures |
COUNSEL: | Gopal Ram Sharma |
DATE: | June 21, 2018 (Date of pronouncement) |
DATE: | September 19, 2018 (Date of publication) |
AY: | - |
FILE: | Click here to view full post with file download link |
CITATION: | |
Strictures against CA for certifying bogus accounts with a view to mislead bankers. The matter is typical of how business is conducted in this country and why loans obtained from banks remain unpaid. The ITAT may only be faulted for not reporting the CA to the ICAI for having apparently abetted in the commission of a colossal act of misrepresentation. ICAI directed to look into the matter and take necessary action |
A rosy picture as to the financial position of the applicant seeking credit facilities from a bank would be presented before the bank for the bank to assess the creditworthiness of the applicant and the desirability of extending credit facilities to such applicant; but later another balance-sheet and profit and loss accounts would be slipped into the file, possibly indicating a less robust financial position of the constituent. If such was the object on the exercise, to which Roy Ghosh and Associates appear to have been a willing accomplice, the assessee has been appropriately dealt with by the fora below. The balance-sheet and profit and loss accounts of an assessee accompanied by a certificate as to its fairness, notwithstanding the caveat as noticed in paragraph 2(A) thereof, cannot be tailor-made to suit a particular purpose or window-dressed to make it attractive for bankers to rely thereupon and all the gloss and sheen removed thereafter when it was the time to pay tax
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