The Disciplinary Committee of the Institute of Chartered Accountants of India (ICAI) has found CA. Surajit Bhowmick guilty of professional and other misconduct, leading to a one-month removal from the Register of Members and a fine of ₹25,000. The order, dated June 26, 2024, stems from a complaint filed by Mrs. Anuradha Majumdar. The committee, presided over by CA. Charanjot Singh Nanda, with members Shri Jugal Kishore Mohapatra, CA. Chandrashekhar Vasant Chitale, and CA. Gyan Chandra Misra, heard the case on April 2, 2024.
CA. Bhowmick was found guilty on two counts. Firstly, he accepted an auditor position without first communicating with the previous auditor, violating Item (8) Part I of the First Schedule of the Chartered Accountants Act, 1949. The committee noted his admission of guilt on this charge. Secondly, he participated in a tender exclusively for Chartered Accountant firms where no minimum fee was prescribed, contravening Guideline No. 1-CA (7)/03/2016 issued by the ICAI Council. He also pleaded guilty to this second allegation. The committee considered his verbal and written submissions before establishing professional misconduct and imposing the penalties. Failure to pay the fine within 90 days will result in an additional one-month removal from the Register.
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/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 Order – CA. Surajit Bhowmick , (hereinafter referred to as the Y of professional and other misconduct t31iing 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 / 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 2nd 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 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-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, 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 Bhowmick be removed from the Register of Member for a period of One Month and a fine of Rs. 25,000/- (Rupees Twentk-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), I.A.S. (RETD.),
(GOVERNMENT NOMINEE)
Sd/-
(CA. CHANDRASHEKHAR VASANT
CHITALE)
(MEMBER)
Sd/-
(CA. GYAN CHANDRA MISRA)
(MEMBER)
DATE:26.06.2024
PLACE: New Delhi
