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Appellate Authority

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

April 4, 2019 1116 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 4011 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 3936 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 1218 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 3396 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 13629 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 3180 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 2247 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 4380 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 3453 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.

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