Institute of Chartered Accountants of India (ICAI) Disciplinary Committee, in its order dated June 26, 2024, found CA Surajit Bhowmick guilty of professional and other misconduct under various provisions of the Chartered Accountants Act, 1949. The matter was initiated following a complaint by Mrs. Anuradha Majumdar, whose husband, CA Dipak Majumdar, passed away on June 28, 2020. The Committee observed that Bhowmick continued to operate their two-partner firm independently after the partner’s death, including signing attestation work and accessing the firm’s bank account, despite the firm standing dissolved by law. The Committee held that the respondent’s continuation of the firm’s operations in its original name constituted gross negligence. Bhowmick later claimed to have inducted a new partner, but the Committee found this explanation insufficient given the dissolution of the original firm. Supporting documents, including a bank statement showing significant withdrawals post the partner’s death and a society letter confirming Bhowmick’s awareness of the death, were also examined. After considering written and verbal submissions, the Committee held that misconduct was established. Accordingly, the name of CA Surajit Bhowmick was ordered to be removed from the Register of Members for one month and a fine of ₹25,000 was imposed, payable within 90 days. Failure to pay would result in an additional one-month removal. The order was passed under Section 21B(3) of the Act by a four-member bench chaired by CA Charanjot Singh Nanda.
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, 1949]
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/294/2020/DD/281/2020/DC/1663/2022]
In the matter of : –
Mrs. Anuradha Majumdar,
…..Complainant
-Vs-
CA. Surajit Bhowmick,
…..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 Misconduct and Conduct of Cases) Rules, 2007, the Disciplinary Committee noted that CA. Surajit Bhowmick (hereinafter referred to as the Respondent”) was held GUILTY of professional and other misconduct falling within the meaning of Item (2) Part IV of the First Schedule and Item (7) of Part I & Item (3) Part II of the 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 I through video conferencing and to make written & verbal representation before the Committee on 2ndApril 2024.
3. The Committee noted that on the date of the hearing held on 2ndApril 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 and requested bench to consider the same.
5. The Committee considered the reasoning as contained in the findings holding the Respondent Guilty of professional misconduct vis-à-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, the Committee is of the view that professional misconduct on the part of the Respondent is established. Accordingly, the Committee ordered that the name of Respondent i.e., CA. Surajit 4.. be removed from the Register of Member for a period of One Month and a fine of Rs. 25,0001- (Rupees Twenty-five Thousand only) be imposed upon him 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 an additional period of one month.
Sd/-
(CA. CHARANJOT SINGH NANDA)
(PRESIDING OFFICER)
Sd/-
(SHRI ,JUGAL KISHORE
MOHAPATARA), LA S. (RETD.),
(GOVERNMENT NOMINEE)
Sd/-
(CA. CHANDRASHEKHAR VASANT
CHITALE)
(MEMBER)
Sd/-
(CA. GYAN CHANDRA MISRA)
(MEMBER)
DATE: 26.06.2024
PLACE: New Delhi
