Case Law Details
Hon’ble High Court of Kerala has stayed the disciplinary proceedings initiated by ICAI against CA Shaji Poulose for exceeding the limit on number of tax audits.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
Wednesday, the 3rd day of August 2016/12th Sravana, 1938
WP(C) .No.25662/2016(G)
PETITIONER/
SHAJI POULOSE, CHARTERED ACCOUNTANT,
MEMBERSHIP NUMBER 022909, U.P COMPLEX, PERINTHALMANNA,
MALAPPURAM DISTRICT, KERALA 679 322.
RESPONDENTS/
1. INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA
THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA,
ICAI BHAVAN, INDRAPRASTHA MARG,NEW DELHI 110 002.
2. PRESIDENT, INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA
THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA,
ICAI BHAVAN, INDRAPRASTHA MARG,NEW DELHI 110 002.
3. DISCIPLINARY DIRECTORATE, THE INSTITUTE OF CHARTERED ACCOUNTANTS
OF INDIA, P.B NO 7100,ICAI BHAVAN, INDRAPRASTHA MARG, NEW DELHI 110 002,
REPRESENTED BY ITS SECRETARY.
4. THE CHAIRMAN, DIRECT TAXES COMMITTEE,ICAI BHAVAN,
INDRAPRASTHA MARG, P.B NO 7100, NEW DELHI 110 002.
Writ Petition (civil) praying inter alia that in the circumstances stated in the affidavit filed along with the WP(C) the High Court be pleased to direct the highest body of the respondents to consider and pass orders on Ext P5 representation within a time frame, after hearing the petitioner and stay all further proceedings pursuant to Exts. P3, P7 and P9, till a decision is taken on Exts. P5 and is effectively communicated to the petitioner, pending disposal of the Writ Petition.
This petition coming on for admission upon perusing the petition and the affidavit filed in support of WP(C) and upon hearing the arguments of SRI. K. ANAND, Senior Advocate along with M/S. LATHA ANAND, M. N. RADHAKRISHNA MENON, JOSEPH SEBASTIAN PARACKAL, Advocates for the petitioner, the court passed the following:
ORDER
Admit.
Issue notice to the respondents.
Further proceedings pursuant to Ext.P3 will stand stayed.
03-08-2016
/true copy/
Sd/- P. B. SURESH KUMAR, JUDGE
Sd/
ASSISTANT REGISTRAR
EXT.P3: TRUE COPY OF NOTICE DATED 20-03-2015 ALONG WITH ANNEXURES
EXT.P5: TRUE COPY OF REPRESENTATION DATED 10-07-2015 SUBMITTED BY THE PETITIONER TO THE PRESIDENT
EXT. P7: TRUE COPY OF COMMUNICATION RECEIVED FROM THE DISCIPLINARY DIRECTORATE OF ICAI DATED 23-06-2016
EXT. P9: TRUE COPY OF LETTER DATED 13-07-2016 OF ICAI
Also Read Writ Petition Challenging ICAI Guideline on Tax Audit
I am working as Sub-Treasury Office, Darsi of Prakasam District , Andhra Pradesh. My superior gave a complaint against me at Darsi Police Station on 03-01-2017 stating that I misappropriated the money. In my suspension orders they mentioned the misappropriated amount of Rs.240000-00. In the complaint the misappropriation amount shown for Rs.2977409-00. The 3 man committee finalized the misappropriated amount of Rs.18 lakhs. and finally Articles of Charges served to me showing the misappropriation money is Rs.7,51,109-00. The department of Treasury of A.P. suspended me on 28-09-2016 basing of the misappropriation amount of Rs.2,40,000-00. This is the case. They finalized four amounts. Can I approach to the Hon’ble for staying on Departmental proceedings. Already Criminal Proceedings is going on crime no.02/2017 at Darsi Police Station.