CA who forged and fabricated acknowledgement receipts of payment of Income Tax filing of ITR guilty of Professional Misconduct

The Board of Discipline, vide its findings dated 2nd February 2024 was of the view that CA. Kapil Dev Aggarwal (M. No. 082908) is guilty of Other Misconduct falling within the meaning of Item (2) of Part IV of the First Schedule to the Chartered Accountants Act, 1949 read with section 22 of the Act.

The bone of contention in the instant case is that the ITRs acknowledgement of the Complainant for the AYs 2009-2010 and 2010-2011 are showing that the income tax has been deposited, whereas the Income Tax Department is denying to have received the payment of tax in the account of the Complainant.

On a detailed perusal of the submissions and documents on record especially the fund movement between the Complainant and the Respondent and the connect of the Respondent firm in auditing the accounts of the company and providing other ancillary services and having regard to the preponderance of probabilities, the Board was of the view that the role of the Respondent in the alleged provisioning of forged and fabricated acknowledgement receipts of payment of income tax filing of income tax return of the Complainant which depict not only payment of income tax but also filing of Income Tax returns for the AY 2009-10 and 2010-11 cannot be ruled out. In view of the same, the Board held the Respondent GUILTY in respect of the charge alleged.

Thus, in conclusion, in the considered opinion of the Board, the Respondent is GUILTY of Other Misconduct falling within the meaning of Item (2) of Part IV of the First Schedule to the Chartered Accountants Act, 1949 read with section 22 of the said Act.

Thus, upon consideration of the facts of the case, the consequent misconduct of CA. Kapil Dev Aggarwal (M. No. 082908) and keeping in view his representation before it, the Board decided to impose a Fine of Rs.1,00,000/- (Rs. One Lakh only) upon him.