Select your option 2016

TAXMANN Tax Professionals Agreement


This document is an electronic record in terms of Information Technology Act, 2000 and Rules made there under as applicable. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement of access or usage of a website. Here website means, is an online Income-tax return preparation and filing website managed by Taxmann Technologies Private Limited. Before using our services/ products you should go through our Tax Professionals Agreement (herein after referred to as TPA) and should agree to the terms and conditions of the TPA. These terms may be changed / updated from time to time solely at our discretion. Using our site you will be bound by the terms and conditions as mentioned in the TPA. To keep yourself updated with the changes/ amendments to the TPA as made by us from time to time, you are requested and responsible for regularly reviewing the TPA. If you continue to access the website subsequent to such changes to TPA, you will be deemed to have accepted and agreed to these changes.


The term ‘TAXMANN’ is used through this entire TPA to refer to the Website, its owner, directors, employees, and individuals / entities associated with the Owner. Owner refers to Taxmann Technologies Private Limited.
The term ‘PROFESSIONALS or YOU or YOUR’ is used through this entire TPA to refer to the Tax Professionals who is/are registered at the website for preparing return of income under Expert Assisted e-Filing Scheme (may be individual or entities as the case may be).
The term ‘USER’ is used through this entire TPA to refer to the Taxpayers who register at the website for taking assistance of tax professionals for filing return of income (may be individual or entities as the case may be ).
The term ‘OUR WEBSITE’ or ‘WEBSITE’ is used through this entire TPA to refer to the Website
The term ‘OUR PRODUCTS /SERVICES’ is used through this entire TPA to refer to the products/ services offered by TAXMANN or its associated entities.
The terms and conditions herein shall apply equally to both the singular and plural form of the terms. Whenever the context may require, any pronoun shall include both the corresponding masculine and feminine form.


Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. TAXMANN reserves the right to terminate your registration and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.
Tax professional registration: If you are registering as a tax professional, you represent that you are duly authorized to accept this agreement and you have the authority to bind your business entity to this agreement. You further confirm that you have experience and capabilities in preparing the income- tax returns. Further, you confirm that you are competent and eligible to file income tax returns in accordance with the provisions of the Income-tax Act, 1961 or Rules made there under.


You are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all the activities that occur under your User ID and Password.
You agree, inter-alia, to (i) Provide true, accurate, current and complete information about yourself as prompted by TAXMANN registration form    (both personal and professional information) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete at all times. (ii) You must immediately notify us of any unauthorized use of your password or account or any other breach of security, and (iii) ensure that you exit from your account at the end of each session. If you provide any information that is untrue, inaccurate, not current, or incomplete or TAXMANN has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Agreement, TAXMAN has the right to indefinitely suspend or terminate or block access of your registration with the website and refuse to provide you with access to the Website.
TAXMANN shall not be liable for any loss or damage arising from your failure to comply with this Clause.


When you use the Website or send emails or other data, information or communication to TAXMANN, you agree and understand that you are communicating with TAXMANN through electronic records. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website or through any other TAXMANN services. You agree that all the agreements, notices, disclosures and other communications that we provide to you electronically shall be deemed adequate service of notice/ electronic record and satisfy any legal requirement that such communication be in writing.


By entering into the present agreement, you accept that you shall be rendering the services relating to the Tax fillings in consonance with the prevalent laws and rules as applicable.
You represent that you are legally allowed to enter into a contract with TAXMANN to prepare returns at You further agree to ensure that the services you provide through shall be of high quality and as per the provisions of Income –tax Act, 1961 and Rules made there under.
You further agree to ensure that you will provide services with due care and due diligence and you will adhere to and observe the professional ethics.
As TAXMANN is committed to its users to file their return of income within two days you must ensure that you prepare the return next day from the date of allocation and submit it to TAXMANN for review on approval by the user.
In case of any discrepancy or any shortfall in documents you shall notify TAXMANN immediately. In case you failed to prepare within given time frame or failed to communicate TAXMANN the discrepancy or shortfall in the information required, TAXMANN reserves the right to revoke the return allocated to you and may re-allocate the same to any other tax professional.
You acknowledge that if any genuine claim is received by TAXMANN from any user, TAXMANN may in its sole discretion may block your account without any prior notice to you. You agree that you shall have no claim whatsoever against TAXMANN in this regard and the decision of TAXMANN, as aforesaid shall be binding on you.


We receive the service charges from the taxpayer and share the 50% of such service charge with the Tax Professionals. Tax professional need to provide certain banking and accounting information to set-up online bank transfer account. We have a monthly payment cycle. On last working day for the subsequent month, the charges pertaining to your services completed during the last month will be electronically transferred to your mentioned bank account.
The fees we charge from the taxpayers and the amount we share with the tax professionals can be changed from time to time at our discretion. If you continue to prepare return of income after this changes in the term of this TPA or after revision in the rate for sharing of service charges, it shall be assumed that you have agreed to revised terms and service charges. To keep yourself updated with the changes / amendments to the TPA as made by us from time to time, you are requested and responsible for regularly reviewing the TPA.
TAXMANN uses third party payments providers to receive payments from user. TAXMANN is not responsible for delays or erroneous transactions execution or cancellation of orders due to payment issues. TAXMANN takes utmost care to work with 3rd party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers. Further, no fee becomes due until return is approved by the users and filed by the TAXMANN.
The payment of fee shall also be subject to review and approval of the returns filed by the Tax Professionals by TAXMANN as any claim of refund by the users shall have to be processed at the end of the TAXMANN.
The fee to be charged by TAXMANN from users shall be decided solely by TAXMANN and the Tax Professional shall have no right/say to interfere in the same. The Tax Professional shall not claim any fee from the user directly or indirectly in any manner whatsoever.


You agree to bear all applicable taxes, charges cesses etc. levied on your income or your services. TAXMANN shall not be liable to pay any amount towards your professional tax, income-tax or service-tax. The services charges we share with the tax professional shall be deemed to be inclusive of service-tax at the rates in force. Further an amount equal to 10% of the amount due to you shall be deducted at source under section 194J. If you have not furnished or wrongly furnished your PAN to TAXMANN, tax shall be deducted at the rate of 20% under section 206AA.


The contract between TAXMANN and you is concluded for a limited period. You can close your user account at any time by following the instructions on TAXMANN’s website.
TAXMANN is entitles to terminate the contract at all times and with immediate effect (by disabling your use of the Website and the Service) if you;

  1. Violate or breach any term of this tax professional agreement, or
  2. In the opinion of TAXMANN, misuse the Website or Service, or
  3. At the sole discretion of the TAXMANN for which TAXMANN is under no obligation to assign any reason.

TAXMANN is not obliged to give prior notice of the termination of contract. After termination TAXMANN will give notice thereof in accordance with terms of this TPA.


TAXMANN shall have the right to use Your Information as provided by you and such usage of your information by us does not amount to violation of any rights you might have in Your Information. You agree to grant us a non-exclusive worldwide, perpetual, revocable, royalty-free, sub-licensable (through multiple tiers ) right to exercise the copyright, publicity and database rights( but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information.
Notwithstanding the reasonable efforts in that behalf, TAXMANN cannot control the information provided by the Users which is made available on the Website. You may find other User’s information to be offensive, harmful, inaccurate or deceptive. Please use caution and practice safe training when using the Website.
We do not sell or rent your personal information to third party for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of user’s privacy as a very important community principle. We understand clearly that you and Your Personal Information is one of our most important assets.
We store and process Your Information at some of the best data centers in the world  that are protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. You undertake not to object to your Information being transferred or used in this way.
By using the Site and/ or by providing Your Information you consent to the collection and use of the information you disclose on the Site by TAXMANN in accordance with TAXMANN Privacy Policy. You agree and acknowledge that you have read and fully understood the Privacy Policy and the terms and contents of such Privacy Policy as mentioned in the Website is acceptable to you.



The term “Confidential Information” shall mean all information, whether written, oral or visual, that may be disclosed or made available by the TAXMANN or User to the tax professional including, but not limited to:

  1. Technical, financial, commercial, or other information relating to the business or financial affairs, methods of operation or proposed methods of operation, accounts, transactions or products, proposed transaction or proposed products, security procedures, internal controls or computer or data processing programs, algorithms, electronic data processing applications, routines, sub routines, techniques, systems, policies, procedures or personal information of TAXMANN or User or any other customer, client, business partner, alliance or vendor of the TAXMANN or User;
  2. Information or data which is confidential or proprietary to a third party which is in the possession, custody or control of TAXMANN or User; and
  3. All data, notes, summaries or other material derived from the information specified in (A) & (B) above.

Notwithstanding the foregoing, “Confidential Information” shall not include any information that

  1. Is or becomes generally available to the public other than as a result of a disclosure by a tax professional; or
  2. Is available to the tax professional on a non confidential basis prior to the disclosure of such Confidential Information by the TAXMANN or User;
  3. Becomes available to the tax professional on a non confidential basis from a source other than a TAXMANN or User only if such source is not subject to any prohibition against transmitting the information  to the tax professional;
  4. Was developed independently by the tax professional without any reference to or use of the Confidential Information;
  5. Is approved for release upon the written permission of the TAXMANN or the User;
  6. Is required to be disclosed to a government/ judicial/ quasi judicial body in pursuance of an order.

In such events, where possible, the tax professional shall give adequate notice to the TAXMANN or User, as the case may be, before making any disclosure so that the TAXMANN or the User may have adequate opportunity to respond prior to such disclosures; as also make disclosures only to the extent as required.
Confidentiality: You agree:

  1. That all the Confidential Information shall be considered and shall remain a trade secret and the sole property of TAXMANN or User, as the case may be;
  2. That using utmost care, you shall hold interest for TAXMANN or User and keep in strict confidence all Confidential Information and not disclose to any person/ third party or use for any purpose or allow the disclosure or use of any Confidential Information accept as required for the purposes of the engagement or as permitted in terms of the Agreement;
  3. To employ all reasonable measures to protect the Confidential Information from unauthorized or inadvertent disclosure, including measure no less protective then those measures that you employs to protect own information of a like nature;
  4. Not to publish, disclose or allow disclosure to others ( including, without limitation, the tax professional’s affiliates or agents ) of any Confidential Information has been made available to the tax professional;
  5. To restrict internal access to the Confidential Information on a “need to know” basis who have been instructed as to the confidential nature of such information and who are either subject to a corporate nondisclosure policy established policy established by their employer or have executed a non disclosure agreement reasonably designed to maintain TAXMANN or User’s proprietary rights and to ensure the confidentiality and non-use of the Confidential Information as set forth in this Agreement;
  6. To be responsible for any breach of this Agreement caused by the tax professional;
  7. That notwithstanding the return of any Confidential Information in accordance with this agreement herein, the tax professional and its employees and agents shall continue to hold in confidence all Confidential Information, which obligation shall survive any expiration or termination of this Agreement for a period of one year.



You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service or Collective Content, except as expressly permitted in this TPA. You may not use any Collective Content without first obtaining the written consent of TAXMANN. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by TAXMANN or its licensors, accept for the licenses and rights expressly granted in this Agreement.
TAXMANN reserves the right at its sole discretion to block or remove (in whole or in part) any content posted or transmitted by you and which TAXMANN believes is not in accordance with this TPA (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to TAXMANN.
You agree to promptly notify TAXMANN in writing of any user content which breaches these User Terms. You agree to provide to TAXMANN sufficient information to enable TAXMANN to investigate whether such User Content breaches these terms of TPA. TAXMANN agrees to make good faith efforts to investigate such complaint and shall take such notice as TAXMANN in its sole discretion decides. However, TAXMANN does not warrant or represent that it will block or remove (in whole or in part) such user Content.
TAXMANN alone (and its licensors, where applicable) shall own all right, title and interest, including all intellectual all property rights, in and to the Website and Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website or the Service.
This TPA do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, or any intellectual property rights owned by TAXMANN. TAXMANN’s name, logo, and the product names associated with the Website and the Service are trademarks of TAXMANN, its affiliated companies or third parties, and no right or license is granted to use them


Subject to your compliance with this TPA, TAXMANN grants you a limited non-exclusive, non-transferable license for the use of the Website.
You shall not

  1. License, sub license, sell, resell, transfer , assign, distribute or otherwise commercially exploit or make available to any third party the Service or Website in any way;
  2. Modify or make derivative works based upon the Service or Website;
  3. Create internet “links” to the Service or “frame” or “mirror” any Website or any other server or wireless or Internet – based device;
  4. Reverse engineer or access the Website in order to:
  5. Design or build a competitive product or service,
  6. Design or build a product using similar ideas, features, functions, or graphics of the Service or Website’ or
  7. Copy any ideas, features, functions or graphics of the Service or Website
  8. Launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, we indexers, bots, viruses or worms or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/ or performance of the Website.
  9. Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
  10.  Send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third party privacy rights;
  11. Send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
  12. Interfere with or disrupt the integrity or the performance of the Website, the Website or Service or the data contained therein;
  13. Attempt to gain unauthorized access to the website.

TAXMANN will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. TAXMANN may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that TAXMANN has no obligation to monitor your access to or use of the Website, Service or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Website, to ensure your compliance with these User Terms or to comply with the applicable law or the order or requirement of a court, administrative agency or other governmental body. TAXMANN reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that TAXMANN, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Website, the Service or Website.

  1. will not authorize others to use your account;
  2. will not assign or otherwise transfer your account to any other   person or legal entity;
  3. will not use an account that is subject to any rights of a person other than you without appropriate authorization;
  4. will not use the Service or website for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
  5. will provide us with whatever proof of identity we may reasonably request;
  6. will comply with all the applicable law from your home nation, the country, state and/ or city in which you are present while using the Website or the Service.

         Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011, in case of non compliance with rules and regulations, user agreement and privacy policy, for access or usage of intermediaries computer resources, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resources of Intermediaries and remove non- complaint information.
You warrant that the information you provide to TAXMANN is accurate and complete. TAXMANN is entitled at all times to verify the information that you have provided and to refuse the Service or use of the website without providing reasons.
In term of Information Technology (Intermediaries guidelines) Rules 2011, you agree and undertake that you shall not host, display, upload, modify, publish, transmit, update or share any information or share /list (s) any information or item that:

  1. Belongs to the another person and to which You do not have any right ;
  2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful or racially, ethically, objectionable, disparaging, relating or encouraging  money laundering or gambling or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women ( Prohibition) Act,1986;
  3. Harm minors in any way;
  4. Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or right of publicity or privacy or shall not be fraudulent or involved the sale of counterfeit or stolen items;
  5. Involves the transmissions of “junk mails”,  “chain letters”, or unsolicited mask mailing or “spamming”;
  6. Violates any law for the time being in force;
  7. Deceives or misleads addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  8. Impersonate another person;
  9. Contains software viruses or any other computer code, file or programs designed to interrupt, destroy or limit the functionality of any computer resources;
  10. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the communication of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
  11. Shall not be false, inaccurate or misleading;

Without limiting other remedies, TAXMANN may limit your activity, immediately remove your information or end your registration, warn other Users of your actions, temporarily/ indefinitely suspend or terminate or block your membership, and/ or refuse to provide you with access to the Website in the event, but not limited to:

  1. If you breach the TPA or Privacy Policy or the documents, agreements rules, policies, terms and conditions as incorporated herein by reference;
  2. If TAXMANN is unable to verify or authenticate any information provided by you; or
  3. If it is believed that your actions may cause legal liability for other Users or TAXMANN.

A Professional that has been suspended or blocked may not register or attempt to register with TAXMANN or use the Website in any manner whatsoever until such time that such Professional is reinstated by TAXMANN. Notwithstanding the forgoing, if you breach the TPA or any other documents it incorporates by reference, TAXMANN reserves the right to recover any amounts already paid to you by TAXMANN and to take strict legal action including but not limited to a referral to the appropriate police or the other authorities for initiating criminal or other proceedings against you.
TAXMANN reserves its right to initiate civil and/ or criminal proceedings against a tax professional who, files an invalid and/ or false claim or provides false, incomplete, or misleading information.
Any person who, knowingly and with an intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information shall be guilty of a criminal offence and will be prosecuted to the fullest extent to the law.


You agree to indemnify and hold harmless TAXMANN and (as applicable to its affiliates, third- parties and their respective shareholders, officers, directors, agents, and employees, form any losses, liabilities, damages, costs and expenses, claim or demand, or actions including reasonable attorneys’ fees asserted against or incurred by TAXMANN, made by any third party arising out of your breach or non performance of terms of this Agreement, or your violation of any law, rules or regulations or the rights of a third party.
You confirm that you shall be responsible for any wrong computation done in the return prepared by you. In case, TAXMANN is required to pay any amount to the user to compensate in for any erroneous calculation in the return, you shall be liable to indemnify the TAXMANN for the compensation so paid to the user and the legal expenses so incurred.
By accepting this TPA and using the Website or Service, you agree that you shall defend, indemnify and hold TAXMANN, its affiliates, its licenses, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:

  1. Your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referred herein;
  2. Your violation of any rights of any third party, including experts arranged via the Website, or
  3. Your use or misuse of the Website or Services.

TAXMANN reserves the right to issue a warning, temporarily/ indefinitely suspend or terminate your registration and refuse to provide you with access to all current and future use of the Website in case deficient services are rendered by you or when the return prepared by you to be erroneous and not in accordance with the provisions of the Income –tax Act, 1961 and the Rules made their under.


The information, recommendations and/ or services provided to you on or through the Website, the Service and the Website is for general information purposes only and does not constitute expert advice. TAXMANN will reasonably keep the site and its contents correct and up to date but does not guarantee that (the contents of) the Website are free of errors, defects, malware and the viruses of that the Website are correct, up to date and accurate.
The quality of the e-filling services requested through the use of the Website is entirely the responsibility of tax professional who ultimately provides such services to you. TAXMANN under no circumstance accepts liability in connection with and/ or arising from the e-filling services provided by the tax professionals or any acts, actions, behavior, conduct and/ or negligence on the part of the expert. Any complaints about the e-filling services provided by the expert should be brought to the notice of TAXMANN immediately.


In no event shall TAXMANN be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the website, its services or this agreement( however arising, including negligence).
TAXMANN assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

  1. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website;
  2. Any interruption or errors in the operation of the Website.

You are prohibited to engage in direct or indirect marketing communication with taxpayer or user for any services, payments or any other returns related matters. For specific enquiries, TAXMANN can intermediate the communication between taxpayer and the tax professional.
Violations of policy may result in a range of actions including:

  1. Cancellation of your registration
  2. Limits on account privileges
  3. Account suspension
  4. Compensation for breach of duty
  5. Other proceedings as the law may prescribe

TAXMANN may give notice by means of a general notice on the Website, or by electronic mail to your e-mail address on record in TAXMANN’s account information, or by written communication sent by regular mail to your address on record in TAXMANN’s account information.               


If TAXMANN receives negative feedback ratings in respect of the services rendered by you for preparation of return, TAXMANN reserves the right to suspend your membership, and you will be unable to provide services for return filing.


If any dispute arises between you and TAXMANN during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator, who shall be an independent and neutral third party identified by TAXMANN. The place of arbitration shall be New Delhi, India. The arbitration proceedings shall be in the English Language and shall be governed by Arbitration & Conciliation Act, 1996.
For any dispute arising out of the present agreement not covered by the Arbitration, only the Courts at Delhi would Jurisdiction and the you specifically undertake not to raise challenge to the jurisdiction clause in any manner.


If any clause of this Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Agreement.


Agency: None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between and TAXMANN and you shall have no authority to bind TAXMANN in any manner whatsoever:

Assignment: You cannot assign or otherwise transfer this agreement or any rights granted here under to any third party. TAXMANN may transfer its rights and obligations (also known as “assign”) under this Agreement without your prior express consent, provided that TAXMANN assigns the Agreement on the same terms or terms that are no less advantageous to you.

Right to claim permanent employment: Nothing in this agreement gives right to use to claim permanent employment with TAXMANN

You undertake that you had every opportunity to take legal opinion on the present agreement and have understood the legal implications of every clause before agreeing to the same in totality.

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