ICAI judiciary-2

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

Anil Kumar Aggrawal Vs ICAI (Before the Appellate Authority)

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....

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Authority of ICAI only can evaluate Professional misconduct of member and not the Appellant-company

Wholesale Trading Service Pvt. Ltd. Vs ICAI (Delhi High Court)

Wholesale Trading Service Pvt. Ltd. Vs ICAI (Delhi High Court) Conclusion: Since Appellant-company was carrying on the activity of filing and pursuing complaints against various Chartered Accountants as an organised activity, independent of the objects for which it was incorporated, therefore, it was held that litigants, such as assessee,...

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No Professional misconduct if auditor not obtains NOC from auditor prior to existing auditor

SSAY & Associates Vs ICAI (Delhi High Court)

Ssay & Associates Vs ICAI (Delhi High Court) Conclusion: Since the accounts filed with the Registrar of Companies for the years 2006-07 to 2008-09, that is, for the three years prior to the period for which KNA was appointed, had been audited by M/s Manu Sharma and Co. and therefore, there was no necessity for […]...

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Misconduct if a CA indulge in other business without permission

Yogendra N. Thakkar Vs Board of Discipline (Appellate Authority)

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 gu...

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Posted Under: CA, CS, CMA |

Misconduct Proceedings against CA for Sexual Harrassment is valid : HC

Lalit Agrawal Vs ICAI & ANR (Delhi High Court)

Lalit Agrawal Vs ICAI & ANR (Delhi High Court) Hon;ble Court is unable to accept the contention that the Board of Discipline does not have the jurisdiction to examine the alleged misconduct which includes Sexual Harrassment on the part of the petitioner. Clause (2) of Part-IV of the First Schedule to the Act is wide, […]...

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CA can be held guilty of professional Misconduct for his act although unrelated to profession but which brings disrepute to the profession or ICAI

Council of the ICAI Vs Shri Gurvinder Singh & Anr. (Supreme Court of India)

Council of the ICAI Vs Shri Gurvinder Singh & Anr. (Supreme Court of India) The Supreme Court observed that the chartered accountants can be proceeded against for their acts which bring disrepute to the profession whether or not related to his professional work. The bench comprising Justice Rohinton Fali Nariman and Justice Navin Sinh...

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CA Final Result: A mistake & error cannot confer a legal right: HC

Milind Aggarwal Vs ICAI (Delhi High Court) (Delhi High Court)

Milind Aggarwal Vs ICAI (Delhi High Court) The dispute relates to the result declared by the respondent-institute. The appellants claim that they had cleared Group I/II as per the result circulated through Whatsapp messages and uploaded on Facebook. They rely on the screenshots. The appellants however accept that as per result uploaded on...

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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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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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