GST professional held guilty for using his own email and number and received all emails.
In Panipat – Haryana state, one Auditor/GSTP had complied with all GST formalities for one client in GST regular scheme by uploading all documents.
For ease of compliance, Auditor had given his personal mobile number and email address to the department at the time of uploading. Same number and mail id is given for getting OTP and other intimations as well.
The client, in the present case, was a case of clear cut defaulter who has not paid any amount & was also liable for GST (Fraud & Cheating the Department) since January 2018. However, the ratio kaid down in the present case carried wider repercussions.
Department has cancelled the GST number of said defaulter and taken action on the GST holder.
The investigating wing of Crime Branch Department has issued notice to the Auditor/GSTP for this case and crime branch has held the Auditor resposible even though he has just uploaded all documents, monthly returns, mobile and email address and received all communications but does not have any proof of forwarding it to the client at all.
Crime Branch has concluded that the Auditor is also fully involved in the Fraud by promising to take care of everything related to this case and so he has given hia id and contact number.
It is a negligence or willful committing of Fraud by the professionals, held crime branch.
The same client has thereafter taken a new GST registration number and was doing business in the same place by his new number.
The court has given a verdict in the favour the client saying he never received any intimation. And the Auditor is the one who is responsible for the lack of communication and penalized him.
This is an very important caution message for all the Professionals, Chartered Accountants and Auditors, whether practising in GST or in Income Tax.
Dear CA, Do not take the responsibility of your client by uploading your contact details in place of the client’s details.
It’s is a very serious issue as some professional somehow usea their own email id for the benefit & cinvenience of their clients.
All CA And professionals, time to take the precaution now.
