THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA
April 13, 2018
The Institute of Chartered Accountants of India (ICAI) has come across a Press Release issued by Central Bureau of Investigation (CBI), Guwahati wherein it has been mentioned that two of the accused involved in a criminal ease i.e Ramesh Goenka and Amit Goenka are chartered Accountant.
On going though the aforesaid Press Release, ICAI, being the regulator of the profession of Chattered Accountant verified its records and found that both the accused are not Chartered Accountants as their name do not appear in the Register of members maintained by the ICAI.
In view of the above, it is a matter of concern for ICAI that in the aforesaid matter CBI did not verify the credentials of the persons in question with ICAI before issuing a statement to the media and public at large.
The Institute shall be taking up the matter with the concerned authorities of the Central Bureau of Investigation, Guwahati and has pointed out that such statement should not be considered to be issued to media before Verifying the fact with ICAI. It would also be requested that in future, if any such case comes for their investigation wherein there is an alleged involvement of an individual claiming to be a Chartered Accountant, the matter may be referred to ICAI for cross verifying the credentials from its records.
The ICAI take a strong exception to the contents of the Press Release which is incorrect and misleading in so far as the reference to a ‘Chartered Accountant’ was made. In such sensitive case the concerned Department ought to have verified the facts with the Institute before issuing any statement wherein the involvement of a Chartered Accountant is suspected.
Download ICAI Press Release
Text of the CBI’s press release
The following is the text of the press release issued by the CBI:
GOVT. OF INDIA
CENTRAL BUREAU OFINVESTIGATION
ANTI-CORRUPTION BRANCH &EO-V
BETKUCH I (OPP.BALAJI TEMPLE) GUVVAHATI:781 035
Tele No. 0361-2270079, [email protected]
PRESS RELEASE
Information received from a reliable source revealed that during 2017-18, Dr Swetabh Suman, Commissioner of Income Tax(Audit), Guwahati with additional charge of Jorhat, has entered into a criminal conspiracy with Shri Pratap Das, Income Tax Officer (Audit), Guwahati, Shri Ramesh Goenka, Advocate &Chartered Accountant, Guwahati, Shri Amit Goenka, Advocate &Chartered Accountant, Guwahati, Shri Suresh Agarwala, Director of M/s Win Power Infra Pvt Ltd., Jorhat having offices at Guwahati &Delhi and unknown others and in pursuance thereof Dr Swetabh Suman agreed to show undue favour to Shri Suresh Agarwalla, Director of M/s Win Power Infra Pvt. Ltd by passing favourable order in an appeal arising out of assessment done in respect of one of the shell company of Shri Suresh Agarwalla and for this undue favour being shown abusing their official position Dr. Swetabh Suman made attempts to obtain illegal gratification to the tune of Rs 50 lakhs for himself and Shri Pratap Das through Shri Ramesh Goenka and Shri Amit Goenka.
An FIR bearing No. RC0172018A0005 dated 11.4.2018 u/s 7, 11 &12 and 13(2) r/w Sec 13(1)(d) of PC Act and Section 120B of IPC was registered against the following accused persons:-
1.Dr Swetabh Suman, Commissioner of Income Tax(Audit), Guwahati with additional charge of Jorhat, Aayakar Bhawan, Guwahati.
2.Shri Pratap Das, Income Tax Officer (Audit), Guwahati, Aayakar Bhawan, Guwahati.
3.Shri Ramesh Goenka, Advocate &Chartered Accountant, Guwahati, R/o H. No. 30, Pratistha, Bishnupur Main Road, Bishnupur, near Hanuman Mandir, Guwahati781016.
4.Shri Amit Goenka, Advocate & Chartered Accountant, Guwahati, R/o H. No. 30, Pratistha, Bishnupur Main Road, Bishnupur, near Hanuman Mandir, Guwahati781016.
5.Shri Suresh Kumar Agarwala, Director of M/s Win Power Infra Pvt Ltd., Jorhat, United Hardware and Electrical Stores, Raja Maidan Road, Jorhat-785001
6.Unknown others.
Searches were conducted in Guwahati, Jorhat, Nagaon, Shilong, Noida, Delhi and some other places and which are still going on. Some incriminating documents have been received. In the morning Rs 40 Lakhs meant for the accused IT Officials, was seized from middleman.
-Sd- 12.4.2018
Head of Branch
CBI ACB Guwahati
What control does the regulator ICAI has on such fake CAs??? Any action plan???
Yes, the CBI did commi9t a mistake for its ignorance of the fact that a person cannot be simultaneously practising both as an Advocate and also a CA, as both Ramesh Goenka and Amit Goenka are described in the pressnote and quoted here. This opens up a floodgate of questions. These two must have been cheating the public as practising advocates and appearing before authorities as such and also practising as CA for purposes of auditing. Or, may be, these two are neither qualifiede CAs or advocates with proper sanath from the jurisdictional High Court. In fact, there are hundreds of such people (mostly in Kolkata and other parts of Bengal as well as in the various other states) appearing before IT authorities and representing before them in the capacity of CAs (Auditors)/Advocates for years. In a south Indian city, an ITP was inter alia found to be operating as an “Auditor” and certifying balance sheets for obtaining loans from banks. As regards the ICAI’s contention that the CBI should first have checked with the latter before issuing the press note, I have first hand experience (as an appellate commissioner of income tax) of referring the matter of an ITP masquerading as Auditor for years to the Southern Branch of the Institute and being told that it was helpless in such circumstances. Masquerading as CAs in the income tax department (and also as Advocates in small district head quarters or towns-especially in Bengal) is too common and has been in vogue for decades.
What was the role of CAs in cases like Vijay Malya
And Nirav Modi? Were CAs not auditing the accounts of their companies? Were the books of Punjab National Bank etc was not audited by CAs. One of the basic purpose of requiring audit is to find out any fraud. Were CAs of those companies were dumb to notice until it build this high amounts? How many CA Suspended who made wrong ?
Let the ICAI worry more about cases actually involving Chartered Accountants in bribe matters in the tax departments, and not devote so much time on silly mis-reporting.
institute should seek an apology to from the deptts and individuals to be published in all communication/s where such reporting is published and also seek disciplinary action against the individuals for such reckless reporting and follow up that such action has been initiated, may be through RTI in case the deptt does not co-operate
What was the role of CAs in cases like Vijay Malya
And Nirav Modi? Were CAs not auditing the accounts of their companies? Were the books of Punjab National Bank etc was not audited by CAs. One of the basic purpose of requiring audit is to find out any fraud. Were CAs of those companies were dumb to notice until it build this high amounts?
If any person is working in an office of mba or engineer…. he will also be dignified with the degree of engineer or mba, without any college or degree?
Please stop publishing of posts hurridly because of silly typographical errors. For instance please review these errors in this article.
Date mentioned as April 13, 2048;
Spelling error in “Chattered Accountant’ in 5th paragraph.
It appears no proof reading was done.
Any IA – Intern or Assistant Working for ANY of the Member CA Office is and will be Called Chartered Accountant for the purpose of defining Crime – Its the Office of that associated CA or Other in totality will be call CA – Its for the ICAI to weed out the Black Sheep