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Ex-CA not providing necessary support what to do
15-May-2023 (In Corporate Law)
I run a small business registered under LLP. My CA had done my VAT registration and had charged me for ROC filing. Due to his under-performance and service I had to switch to a new CA. Turns out my ex -ca did not do my company ROC filing on time due which I was penalized with Rs.40000/-. Due to GST enrollment, my new CA informed me to collect my VAT refundable fee of 25000/-. But the vat officer says my company details are not showing on his system and he requires bank details through which payment was made. As payment was made from my ex-CA's account, I requested him to provide necessary help for getting my refund, but he refused to corporate and provide any help. Due to my old CA I have lost almost 65,000/- so far. Is there any legal action I can take against him for my loss??
A CA is a service provider and is governed by certain norms of practice by his Association.Further you have to give more details of payments made you to your CA for us to guide you to a number of remedies that are available to you not only to regain the amount but also get compensation
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Adv. Vadakkemadom Lakshmanan SR
Thane | 50+ Answers
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As far as Rs. 40,000 for late filling out annual return is concerned, if you have a signed Engagement Letter with your CA and you have indemnification Clause in it, he is liable to pay you the money for loss caused due to his mistake.
As far as VAT refund is concerned, if you have all the necessary details like payment challans and returns you don't need anything else.
But still if you really have time and energy to pursue a recource you can file a complain of professional misconduct with ICAI. The ICAI charges fees for filling the same of almost Rs. 3000
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Adv. Samrat Chaudhari
Mumbai | 25+ Answers
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