Late fee due to fraud

[Gurpreet Singh]

I need help.i had take registration in exise on December 2014 .i had purchased a machine on march 2014.that means before 9 months of registration.but my c.a has done one fraud with me he gave me fraud ecknolegment.due to this exise make a penalty on me.but they are not giving me input of this machine.please guide me how can i take this input.and aslo help me how my penalty can waveoff.

[KASTURI SETHI]

You can not be penalized for fraud committed by another person. You must have evidence. You can file appeal against the order. There is a case law on this issue in your favour.

[Gurpreet Singh]

Dear sir thank you very much for reply me.

I have all proof on my mail.he mail me all ecknolegment on my mail id.In first quarter the tax was 56 rs and all other 3 quater all returns was nill.Excise department tell me after 1 year of this issue.Then i filled immediately.

I had applied in commissioner.they give me waveof or rs 4000 for first quarter.but for three quarters penalty is same.Now i am going in turbine R.K puram delhi.

Please help me how penalty can waveoff and how i will take input of my machine bill.

[KASTURI SETHI]

You should have taken 50% credit on that machine within one year from the date of invoice i.e. before the end of March, 2015. If you have not taken credit by that date, now it is not admissible, whatever may be the background. However, you can get relief from Tribunal for waiver of penalty because of absence of mala fide intention on your part.

[DR.MARIAPPAN GOVINDARAJAN]

What is the fraud committed by your Chartered Accountant. The case may be elaborately given please.

[YAGAY andSUN]

You may also report this matter to ICAI.

AI Summary

Individual Penalized for Alleged Fraud by CA; Advised to Appeal and Report CA to ICAI for Misconduct An individual sought advice on a discussion forum regarding a penalty imposed by the excise department due to alleged fraud by their Chartered Accountant (CA). The individual had registered for excise in December 2014 after purchasing a machine in March 2014. The CA allegedly provided fraudulent acknowledgment, leading to penalties and denial of input credit for the machine. Respondents advised filing an appeal with evidence and suggested that penalties might be waived due to lack of malintent. They also recommended reporting the CA to the Institute of Chartered Accountants of India (ICAI) for further action.