Appellate Authority

Alleged Professional Misconduct issue cannot be decided based on law enacted subsequently

Devendraa P. Kapur Vs. ICAI & Others (Appellate Authority)

Devendraa P. Kapur Vs. ICAI & Others (Appellate Authority) The Appellant has also taken a ground of Appeal before us that the Disciplinary Committee has decided these cases in accordance with the law which was not prevalent when the alleged misconduct was committed but came into effect after the amendment made in the year 2006 [&helli...

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Appellate Authority cannot review its own order under CS Act, 1980

Mr. Ashwani Khanna Vs. ICSI (Appellate Authority)

In view of our another Order dated 3rdFebruary, 2018 passed in an Appeal No. 10/ICSI/2015 namely Benny Methew vs. ICSI, we have already held that this Authority does not have the power to review its own Orders either expressly or by necessary implication....

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ICAI order on Misconduct against Delhi CAs remanded back to it by Appellate Authority

Radhey Shyam Bansal & Anil Kumar Aggarwal Vs. ICAI (Appellate Authority)

A sting operation conducted by Aaj Tak News Channel and aired on 14th November, 2016 under title Jugadu Mechanic Part-3 containing allegations against CA. Radhey Shyam Bansal...

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CA held guilty of Misconduct for failure to exercise due diligence

Mahavir Jain Vs Disciplinary Committee (Appellate Authority)

Mahavir Jain Vs Disciplinary Committee (Appellate Authority) 1. This Appeal has been filed by the Appellant before this Authority against the Order dated 7th November, 2017 passed by the Disciplinary Committee (Bench-I) of the Institute of Chartered Accountants of India under Section 21B (3) of the Chartered Accountants Act, 1949 read wi...

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Cost Accountants in practice cannot work as MD in a company

Ashok B. Nawal Vs ICWAI (Appellate Authority)

It was clear that despite knowing the fact that Managing Director (MD) was not allowed under the CWA Act, the Respondent had accepted the position of MD and also protecting the same. ...

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Technical error cannot be treated as Professional Misconduct or gross negligence

Ramchandra Y. Kulkarni Vs Disciplinary Committee of icai (Appellate Authority)

Ramchandra Y. Kulkarni Vs Disciplinary Committee of icai (Appellate Authority) complainant is an Asset Reconstruction Company and the only grievance of the Complainant is that the Appellant who was auditor of M/s AV Forging Private Limited, a company which had taken loans from M/s Axis Bank amounting to Rs. 22.70 Crores approximately, whi...

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Not reporting as per revised 3CD report is Professional Misconduct

Ishaq Esmail Lakkadghat Vs Income Tax officer (Appellate Authority)

Being aggrieved by the Report dated 14thOctober, 2015 and Order dated 27 th May, 2017 (Impugned Order), passed by the Disciplinary Committee of the Institute of Chartered Accountants of India under Section 21B (3) of the Chartered Accountants Act, 1949 read with Rule 19 (1) of the Chartered Accountants (Procedure of Investigation of Pro...

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