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Used another person's PAN to pay incentives. Can I be held liable?
14-Mar-2023 (In Labour & Service Law)
Our company pays incentives to its clients wherein I from the marketing team have to take PAN details of my clients and pay them via company cheque. A client refused to give his PAN so to help him I used a relative's PAN and got cheques issued in the relative's name to withdraw cash and pay it to the client in turn without any documentary proof.
Now this client has told my company that he has not got his incentive. How do I get out of this as the company had strict rules wherein we were not supposed to use any other person's PAN.
Will I be liable legally and what action can be taken against me?
If the truth comes out, you shall be liable for disciplinary proceedings which will be conducted by the Company. Legally, they can recover the amount of incentive which you had paid to the client with your relatives PAN Card. As you have stated that you do not have any documentary evidence, you cannot prove that the incentive has been paid to him.
And if you do not have cordial relations with the Company, they can even file a criminal complaint of cheating and embezzlement of Company's Money.
The other option is that you tell your boss that the client gave you wrong PAN Card no and you released the incentive on the same. You can say that you did not check the PAN Card details correctly and that would be a minor error on your part. You can put the blame on the client and can file a criminal complaint againt the Client for cheating the Company.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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