CiteTEXT
...; a complaint was also submitted to the Institute of Chartered Accountant of India wherein the professional misconduct committed by the Chartered Accountant firm-M/s Kumar Nohria & Co. in giving n...more particularly in the absence of any legal authorization to the Chartered Accountant to give ‘no objection’ for rectification, the matter deserved to be decided on merits after condoning the delay...AJAY KUMAR MITTAL, J.1. In the instant appeal filed by the assessee under Section 260A of the Income Tax Act, 1961 (in short “the Act”) against the order of the Income Tax...
...occupation other than that of Chartered Accountancy, unless permitted by the Council so to engage; that the work claimed to be undertaken in this case is that of commission agent; that a Chartered Accountant holdin...provided or to be provided to any person by a practising
4
chartered accountant in his professional capacity, in any.... Therefore, with effect from 01.07.2012, any activity carried out by any person(a Chartered Accountant in the present case) for another person for consideration, was a service and it was a taxable service if...
...Commission. Decision:
6. During the hearing, the Respondents inform the Commission that the Appellant had made a complaint against a Chartered Accountant regarding professional misconduct (signing of post ...The present appeal filed by Shri K.K. Kumar against Institute of Chartered Accountants of India (ICAI) was taken up for hearing on 04.07.2013 when the Respondents were present through...would like to know from the Institute of the Chartered Accountant of India, under which
Section of the Chartered Accountants Act, 1949 and or Rules and Regulations framed...
..., 1949 is produced hereunder:
"A chartered accountant in practise shall be deemed to be guilty of professional misconduct, if he- ***
... about the same. Clause (8) of the First Schedule of the Chartered Accountants Act, 1949 is produced hereunder:
"A chartered accountant in practise shall be deemed...previously appointed Chartered Accountant. What is required is a mere communication by subsequently appointed Chartered Accountant to the previous Chartered Accountant as per Clause 8 of ...
..., 1949 is produced hereunder:
"A chartered accountant in practise shall be deemed to be guilty of professional misconduct, if he- ***
... about the same. Clause (8) of the First Schedule of the Chartered Accountants Act, 1949 is produced hereunder:
"A chartered accountant in practise shall be deemed...previously appointed Chartered Accountant. What is required is a mere communication by subsequently appointed Chartered Accountant to the previous Chartered Accountant as per Clause 8 of ...
...:
1958 AIR 72 1958 SCR 371
ACT:
Chartered Accountant-Misconduct during appointment as liquidator by Court-If amounts to professional...misconduct- Reference-Power of High Court-Chartered Accountants Act,1949 (XXXVIII Of 1949), SS. 2(2), 21 and 22.
HEADNOTE:
Respondent, a chartered accountant and a.... A complaint was lodged against him with the Council of the Institute of Chartered Accountants. After inquiry the respondent was found guilty of misconduct, and the report was forwarded by the...
...complainant before Director (Discipline) forms a prima facie opinion with respect to the alleged professional misconduct by a Chartered Accountant.7. For the reasons stated hereinabove, I...petitioner along with Mr. Manoj Gupta was duly considered in terms of 8(5) of Chartered Accountant (Procedure of Investigation of Professional and Other Misconduct and Conduct of Cases) Rules, 2007. No...JUDGMENTV.K JAIN, J. (Oral)The petitioner before this Court filed a complaint under Section 21 of the Chartered Accountant (Amendment) Act...
...order in writing and for reasons to be recorded therein disqualify for such period as is stated in the order from attending before any such authority any legal practitioner, Chartered Accountant, Cost Accountant or sales ta...(b) by a legal practitioner or Chartered Accountant or Cost Accountant, who is not disqualified by or under sub-section (2), or...-section (2),if such relative, person employed, legal practitioner, Chartered Accountant, Cost Accountant or sales tax practitioner is authorised by such person...
...matter of Shadilal Batra, AIR 1968 Delhi 283. Therein the court had to consider whether the chartered accountant was liable for misconduct on the ground that, w...his guilt of any misconduct so as to entitle him to have the complaint dismissed. However, the onus is on the authority or the person that charges or complains against the chartered accountant of any misconduct to ...accountant has been made out on a charge of professional misconduct by adducing some evidence in support of the stand taken by the Disciplinary Committee and the Council, the onus shifts to the chartered...
...the said Chartered Accountant in a professional manner and accounts have been incorrectly/improperly certified as representing true state of affairs and being agreement with the books of accounts maintained by the assessee”..., Chartered Accountant, has committed professional misconduct in certifying the audit report of M/s. CMR Jnanadhara Trust for the year ended on 31st March, 2000 without properly verifying the books of.... 2079, III Main, Keshavanagar, HBR Layout, Bangalore, a Trust assessed in this charge, are stated to have been audited by Sri Y.N Jayasimha Chartered Accountant. He certified the Audit Report in Form...
...which the petitioner served as the Director.
3. According to the petitioner, there was no misconduct committed by him, much less in the capacity of a chartered...regulations that were applicable, namely the Chartered Accountant Regulations, 1988, did not contain specific clauses with reference to 'other misconduct'. The first schedule was subsequently amended...
INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA,
REPRESENTED BY ITS JOINT SECRETARY,
ICAI BHAWAN, INDRAPRASTHA MARG,
NEW DELHI -110...
...that respondent-Institute had no mechanism to record exact data on number of tax audits undertaken by a Chartered Accountant until the respondent-Institute made it mandatory in 2019 that submission of all tax audit reports ...out their professional duties and the exercise of agency by a Chartered Accountant in choosing his own volume of work cannot be considered professional misconduct. Furthermore, where the Act and Rules...respondent-Institute, under powers conferred on it by the 1949 Act, deems a member to be qualified and competent to dutifully practice the services required of a Chartered Accountant and thereby, imposition of a blanket ban...
...Income-tax Act is provided under which the work of audit is authorised to be performed only by a chartered accountant alone and...reasonable classification nor any reasonableness in the restriction brought by the notification in deeming a misconduct by fixing a limit to the fees to be charged by chartered accountants and also that...meaning is given by which restrictions are brought on the right of a chartered accountant in practice to charge a fee as to what he may consider to be appropriate. Further, the notification has no...
...of his duties as a Chartered Accountant but as an Arbitrator or Mediator and any person could be invested with such a duty. According to Mr. Majumdar, in order to hold a person guilty of professional misconduct within the m...misconduct in relation to chartered accountants in practiceA chartered accountant in practice shall be deemed to be guilty of professional misconduct, if he—(1) allows any p...) and 22]PART IProfessional misconduct in relation to chartered accountants in practice requiring action by a High CourtA chartered accountant in practice sh...
...Chartered Accountants Act, 1949 is produced hereunder:
"A chartered accountant in practise shall be deemed to be guilty of professional misconduct, if he—
...the Institute of Chartered Accountants of India (hereafter 'ICAI'). By the impugned order, the Board of Discipline (hereafter 'the Board') has found respondent no.3 (M/s KNA Associates - hereafter...'KNA') not guilty of professional misconduct within the meaning of Clause (8) of Part I of the First Schedule to the Chartered Accountants Act, 1949. Accordingly, the Board has closed the case...
...order in as much as it is the Disciplinary Committee of the ICAI which has the original jurisdiction to take cognizance of a professional misconduct of a Chartered Accountant. Learned Single Judge could not have relied on t...in law. In case there is a professional misconduct by a Chartered Accountant, the complaint can be filed by any person and it is not necessary that the complainant should be a shareholder of a Company...Chartered Accountants of India (hereinafter referred to as ICAI), whereby the complaint preferred by the Appellant against Respondent No. 3, a Chartered Accountant, was dismissed. Appellant herein was the...
...the Act. Clauses 7 and 10, Part I of the Second Schedule of the Act read as follows:—“Professional misconduct in relation to Chartered Accountants in practice requiring action by a...High Court.A Chartered Accountant in practice shall be deemed to be guilty of professional misconduct, if he(7) is grossly negligent in the conduct of his professional...judge. The complaint briefly, was a complaint against the Chartered Accountant acting as a liquidator. The facts briefly on this point are as follows:By a decree of this Court in Suit No...
...shown in brief. Below that page, the name of the respondent is written. With his degrees and designation of Chartered Accountant.
7. The learned senior counsel appearing for the Institute contended that the council...".
14. It is a fundamental duty of every citizen "to strive towards excellence in all spheres of individual and collective activity". The profession of Chartered Accountant is a noble profession and is regulated ...specified in the Schedule or notified by it, but any other misconduct of a Chartered Accountant which is such that he must be regarded unworthy to remain a member of the noble profession to which he has...
...Professional misconduct in relation to chartered accountants in practice requiring action by a High Court.A chartered accountant in practice shall be deemed to be guilty of pr...Accountant, carrying on the practise of accountancy profession in the name and style of “S.R Khanna and Co.” is a registered member of the Institution of Chartered Accountants of India (‘the institute...’ for short). In view of the complaints made by the Director of Shree Industrial Rubber Works (P) Ltd. (‘complainant’ for short) against the respondent, the council of Institute of the Chartered...
...this land to ensure that these kind of acts are not taken lightly by fraudsters. And i request you to write to the concerned authorities like Institute of Chartered Accountant to terminate their prac...who claims himself a Chartered Accountant.
The undersigned may please be kept informed of the...claiming to be a Chartered Accountant having various offices and offering his services (we could not locate him in any of these places) Enclosure 3: Aravind G, Aarya Associates...