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Appellate Authority

First GST AA Decision- Section 129 proceeding cannot be initiated for Minor mistake(s) in e-way bill

December 7, 2019 22203 Views 0 comment Print

In case a consignment of goods is accompanied with an invoice or any other specified document and also an e-way bill, proceedings under section 129 of the CGST Act may not be initiated in case of minor mistakes like error in one or two digits/characters of the vehicle number.

ICAI fined Rs. 50000 by Appellate Authority for not complying its directions

October 15, 2019 2475 Views 0 comment Print

Authority is of the view that further period of four months be given to the Institute to complete its entire proceedings on priority. The Institute is, however, burdened with penalty of Rs.50,000/- in each appeal payable to the Appellate Authority within 2 weeks from the date of receipt of this order.

Misconduct if a CA indulge in other business without permission

June 1, 2019 13476 Views 0 comment Print

Appellant in this case was actually involved in the business of the company and he formed this company along with his family members in order to venture into a new business apart from the profession of chartered accountancy. The Appellant did indulge in the business without the permission of the Council. He was, therefore, rightly held guilty of professional misconduct by the Board of Discipline.

After amendments Onus of proving a benami transaction rests entirely on owner/ benamidar

April 23, 2019 4812 Views 0 comment Print

Shri Akashdeep Vs Manpreet Estates LLP (Appellate Tribunal For PBPT Act) It is correct that after amendment in Prohibition of Benami Property Transactions Act, 1988 (PBPT Act) , the onus of proving a benami transaction rests entirely on the shoulders of the respondents. Before amendment, the burden of proof was on the prosecution to prove […]

Order on quantum of Punishment without providing opportunity of being heard is invalid

April 4, 2019 1368 Views 0 comment Print

Gayathri Pasarakayala Vs Disciplinary Committee (ICSI Appellate Authority) It is clear that the Disciplinary Committee has not followed the due procedure as prescribed statutorily as no opportunity of being heard was provided to Ms. Gayathri Pasarakayala on the question of quantum of punishment irrespective of her admission of guilt conveyed vide her aforementioned letter dated […]

CS Guilty of Misconduct for suppressing Enrollment as Advocate

March 3, 2019 4437 Views 0 comment Print

Shri Hitender Kumar Mehta Vs Shri Rajiv Bajaj (ICSI Discipilinar Committee) The Disciplinary Committee, after considering all material on record, the provisions of the Company Secretaries Act, 1980, the Regulations and Rules made there under; the legal opinions sought in the matter, the prima-facie opinion, Further Investigation Reports of the Director (Discipline) and totality of […]

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

November 1, 2018 4167 Views 0 comment Print

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 […]

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

October 23, 2018 1374 Views 0 comment Print

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.

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

October 18, 2018 3669 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 14232 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 […]

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