Need Tally
for Clients?

Contact Us! Here

  Tally Auditor

License (Renewal)
  Tally Gold

License Renewal

  Tally Silver

License Renewal
  Tally Silver

New Licence
  Tally Gold

New Licence
 
Open DEMAT Account with in 24 Hrs and start investing now!
« Top Headlines »
Open DEMAT Account in 24 hrs
 ITR Filing Deadline 2026: Is July 31 the Last Date to File Your Income Tax Return? Latest Official Update
 ITR filing deadline nears: How to file income tax return online on e-filing portal - quick 15-step guide
 Will the ITR Filing Deadline Be Extended Beyond July 31 for FY 2025-26? Here's the Latest Update for Taxpayers
 Income Tax Refund Delayed for AY 2026-27? 5 Common Reasons Your Refund May Be Stuck and How to Fix It
 ITR Filing 2026: FM Nirmala Sitharaman Asks Tax Officials to Let Honest Taxpayers Correct Genuine Mistakes
 Will Your FCNR Deposit Stay Tax-Free After Returning to India? Tax Rules Explained for NRIs
 ITR Filing 2026: Section 143(1) Tax Demand Explained Reasons, Solutions, and How to Avoid Penalties & Disputes
 ITR Filing 2026: Over 3 Crore Income Tax Returns Filed for AY 2026 27 Income Tax Department Urges Taxpayers to Avoid Last-Minute Rush
 ITR Filing 2026: CBDT Upgrades Income Tax Portal Ahead of July 31 Deadline Key Changes Every Taxpayer Should Know
 Sold house for ₹1.10 crore, tax computed on ₹1.96 crore? ITAT explains when Section 54 relief is still available
 ITR 2026: How Taxpayers Earning 25 Lakh to 1 Crore Can Save Up to 1.5 Lakh Under the New Tax Regime

CA certificates under I-T Dept scanner
January, 30th 2009

After the Satyam scam, the role of chartered accountants (CAs) has come into focus again. This time the Income Tax (I-T) Department has found that CAs have given false certificates, enabling Non-Resident Indians (NRIs) and foreign nationals to evade taxes in India.

The government agency has informed the Institute of Chartered Accountants of India (ICAI), which regulates the chartered accounting profession in the country, of the fraud. ICAI has powers to take disciplinary action against errant members.

Calling the fraud a massive violation of the law, Central Board of Direct Taxes (CBDT) member Saroj Bala (in charge of revenue) said, A large number of such payments are outright tax deductible in India and taxable in India, but are not taxed because CAs have certified them not taxable.

CBDT administers all direct tax issues in the country, but the tip-off on this method of tax evasion came from a CA.

Under the Income Tax Act, a CA certificate can be obtained saying no tax needs to be deducted while remitting money overseas, after which the Reserve Bank of India permits the transfer of money.

Bala said the department receives numerous such certificates involving thousands of crore of rupees. A firm estimate of revenue loss is not yet available as investigations are still on.

The payments that are under the I-T Departments scanner are interest on overseas loans, payments for contractual work by foreign firms in India and capital gains from sale of assets (similar to the Vodafone-Hutch transaction). For instance, if an Indian firm borrows from a foreign bank, under normal circumstances tax will have to be deducted on the subsequent interest payment. But no tax is payable if a CA certifies that the overseas entity that receives the interest payment is not a tax resident of India.

The I-T Departments investigations have found that the non-tax residency is not necessarily the case. Some verifications and inspections of certificates have been carried out and many defaulters found. We are contemplating action against this false certification by CAs, Bala said.

India tax rules also require tax to be deducted on payments from any income earned by a company that has a permanent establishment (PE) in India.

Verification of many such CA certificates revealed that the foreign recipients had PEs in India, but escaped the tax net.

Investigations found that both small and large accountancy firms are into this practice. Normally, many CAs do not apply their mind. They issue the certificate and make money, she said, adding that when confronted, some CAs claimed they were not aware of the tax provisions.

Home | About Us | Terms and Conditions | Contact Us
Copyright 2026 CAinINDIA All Right Reserved.
Designed and Developed by Ritz Consulting