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Appellate Authority

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

October 18, 2018 3651 Views 0 comment Print

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

CA held guilty of Misconduct for failure to exercise due diligence

October 5, 2018 14187 Views 0 comment Print

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 with Rule 19 (1) of […]

Cost Accountants in practice cannot work as MD in a company

September 17, 2018 3504 Views 0 comment Print

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.

AA confirms Punishment to CA for failure to exercise due diligence

September 3, 2018 2637 Views 0 comment Print

V. Ajay Vs Disciplinary Committee, ICAI (Appellate Authority) 1. This Order deals with the above mentioned two appeals filed by the Appellant before this Authority. First appeal has been filed against an Order dated 20th January, 2017, passed by the Disciplinary Committee of the Institute of Chartered Accountants of India under section 21B(3) of the Chartered Accountants Act, […]

Not reporting as per revised 3CD report is Professional Misconduct

August 27, 2018 4557 Views 0 comment Print

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 Professional and Other Misconduct and Conduct of Cases) Rules, 2007, CA. Is

CA held guilty of arranging Bogus Bills through Dummy Concerns

August 10, 2018 3750 Views 0 comment Print

Appellant was undoubtedly involved in arranging bogus bills through dummy concerns and charged commission for the same and therefore he was rightly held guilty under the aforementioned clauses for committing the Professional and Other Misconduct by the Board of Discipline of the Institute of Chartered Accountants of India.

Technical error cannot be treated as Professional Misconduct or gross negligence

August 4, 2018 2676 Views 0 comment Print

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, which were taken […]

ICSI AA reduces penalty for professional misconduct on errant member

May 10, 2018 5199 Views 0 comment Print

We are of the considered view that punishment awarded to the Appellant in the present matter is certainly on the higher side, enormous and harsh in comparison with the punishment awarded to the errant members of the Institute by the Disciplinary Committee for the violation of same professional misconduct in other cases.

Collection of export outstanding service charges as per RBI rules and banking practice is not unfair trade practice

March 25, 2013 2265 Views 0 comment Print

In this case Nothing has been pointed out that the bank was not within its right to firstly levy those charges or that it was acting beyond the rules. In levying those charges, the bank has fully justified as it relied on the Reserve Bank Rules and the banking practice. After all the bank had to maintain the accounts and it was by way of an agreement between the complainant and the bank that the bank was levying Rs. 250 per bill per quarter. Therefore, on this account there was no fault on the part of the bank.

In absence of Power to abuse dominant position the same cannot be alleged on film producer association

March 20, 2013 522 Views 0 comment Print

In so far as the specific instances of the abuse of agreement in question are concerned, it is obvious that there has been a settlement between the original complainant and the respondents. Because the complainant does not have any more complaint/grievance of any boycott or the compulsory undertakings which he is to give under the authority of either FMC or FDC so that question will clearly be foreign to the present enquiry.

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