CA filled Fake 80C claim and I have got the refund, can I be caught ?

922 votes

Greeting to you!!

Hi sir, your concern for this refund is valid enough but it should not worry you.
The income tax department assess your 26AS and once it is of opinion that the money claimed by you is genuine enough the tax department proceeds to credit the refund claimed.
Please note that its a common practice for CA's to make false claims for the benefit of their clients but claiming it under 80C can be problematic here and the Income Tax Department has time period till 6 years to reopen a file where they feel that claims made are fictitious in nature. The chances of you getting caught and not getting caught are 50-50 but please note that in case you are caught the department will charge you 18% in terms of interest as a penalty for the false claims made and will also seek an explanation from you.

And at this stage the CA can easily slide off by merely that he acted on the instructions of his client.
But you don't have to panic as of now because at present you have filed your return right now what you can do is that you should instruct your CA that not to repeat such an act where your life can be put in jeopardy.
Regards,
Vaibhav

Advocate Vaibhav Singh LawRato

514 votes

No there are no any procedure to verify the claim u/s 80C without serving notice of scrutiny assesment U/S 143(2). You dont have any place to attach the proof of deduction claim, what you have claimed.

Advocate Brajesh Kumar LawRato

838 votes

why did your ca file.a case didnt he ask you before filling it for you what did he say when you came to. know about such a case did you consult him and didyou ask him the reason and all about it let us know what he says.and all

Advocate Yash Karan Jain LawRato