The Disciplinary Committee of the Institute of Chartered Accountants of India (ICAI), under Section 21B(3) of the Chartered Accountants Act, 1949, found CA Parimal Sarkar guilty of professional misconduct. The misconduct related to participation in a government tender, violating Item (8) of Part I of the First Schedule and Item (1) of Part II of the Second Schedule under the Act. The hearing was conducted on April 2, 2024, where CA Sarkar appeared via video conferencing and submitted both verbal and written representations. He argued that the lapse was unintentional and cited general confusion among members regarding such participations, adding that with the introduction of a tender secretariat, similar issues are unlikely to recur. He also appealed for leniency from the Committee. After considering the findings, submissions, and facts of the case, the Committee concluded that the misconduct was established. As a result, a monetary penalty of ₹15,000 was imposed on CA Sarkar, to be paid within 90 days of receiving the order dated June 26, 2024. The Committee warned that failure to comply with the payment deadline would result in the removal of his name from the Register of Members for 30 days.
THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA
(Set up by an Act of Parliament)
[DISCIPLINARY COMMITTEE [BENCH-I (2024-2025)]
‘Constituted under Section 21B of the Chartered Accountants Act, 19491
ORDER UNDER SECTION 21B(3) OF THE CHARTERED ACCOUNTANTS ACT, 1949 READ WITH RULE 19(1) OF THE CHARTERED ACCOUNTANTS (PROCEDURE OF INVESTIGATIONS OF PROFESSIONAL AND OTHER MISCONDUCT AND CONDUCT OF CASES) RULES, 2007.
[PR/0212021/DD/47/2021/DC/1665/2022]
In the matter of: –
CA. Tapan Kumar Mukhopadhyay ,
…..Complainant
-Vs-
CA. Parimal Sarkar,
M/s. Sarkar Gurumurthy & Associates,
Chartered Accountants….Respondent
MEMBERS PRESENT: –
CA. Charanjot Singh Nanda, Presiding Officer
Shri Jugal Kishore Mohapatra, IAS (Retd.) (Government Nominee)
CA. Chandrashekhar Vasant Chitale, Member
CA. Gyan Chandra Misra, Member
Date of Hearing : 2nd April 2024
Date of Order : 26.06.2024
1. That vide findings under Rule 18(17) of the Chartered Accountants (Procedure of Investigations of Professional and Other Miscoined On Demand ruling falling within Rules, 2007, the Disciplinary Committee noted that CA. Parimal Sarkar (hereinafter referred to as the Respondent”) was held GUILTY of professional .misconduct second schedule the meaning of Item (8) of Part I of First Schedule and Item (1) Part II of Second Schedule to the Chartered Accountants Act, 1949.
2. That pursuant to the said findings, an action under Section 21B(3) of the Chartered Accountants (Amendment) Act, 2006 was contemplated against the Respondent and communication was addressed to him thereby granting opportunity of being heard in person/ through video conferencing and to make written & verbal representation before the Committee on 2″ April 2024.
3. The Committee noted that on the date of the hearing held on 2″ April 2024, the Respondent was present through video conferencing, and he made his verbal submission on the findings of the Disciplinary Committee.
4. In his verbal submission the Respondent inter alia stated that he has already given his written submission on the findings of the Committee. Regarding participation in the government tender, he stated that many members do not have an understanding about where they should not participate and since now there is tender secretariate in place, this sort of unintentional lapse will not happen again. He also requested bench to be lenient on him.
5. The Committee considered the reasoning as contained in the findings holding the Respondent Guilty of professional misconduct vis-a-vis verbal/ written submissions of the Respondent.
6. Keeping in view the facts and circumstances of the case, material on record including verbal & written submissions of the Respondent on the findings of the Committee, the Committee is of the view that the professional misconduct on the part of the Respondent is established. Accordingly, the Committee ordered that a fine of Rs. 15,000/- (Rupees Fifteen Thousand only) be imposed upon the Respondent i.e. CA. Parimal Sarkar to be paid within 90 days of receipt of the Order. If the Respondent fails to pay the fine within the stipulated period, his name be removed from the Register of Member for a period of thirty days.
Sd/-
(CA. CHARANJOT SINGH NANDA)
(PRESIDING OFFICER)
Sd/-
(CA. CHANDRASHEKHAR VASANT
CHITALE)
(MEMBER)
Sd/-
(SHRI JUGAL KISHORE
MOHAPATARA), I.A.S. (RETD.),
(GOVERNMENT NOMINEE)
Sd/-
(CA. GYAN CHANDRA MISRA)
(MEMBER)
DATE: 26.06.2024
PLACE: New Delhi
