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The Institute of Chartered Accountants of India and ors. Vs. P. Rama K ...

Court : Delhi

..... the issue raised in the present appeal involves interpretation of section 21d of the chartered accountants act, 1949 (ca act, 1949, for short). ..... your reply may reach us at the earliest, in any case, not later than 11th august, 2004 to enable us to consider the matter in terms of the provisions of the chartered accountants act, 1949 and the regulations framed thereunder." 11. ..... thereafter, in exercise of powers under section 29a read with section 21(4) and sub-sections (2) and (4) of section 21b of the ca act, 1949, the chartered accountants (procedure for investigation of professional and other misconduct and conduct of cases) rules, 2007, have been enacted. ..... the relative advantage in filing a complaint and the relevant provisions of the chartered accountants act and the regulations framed thereunder are enclosed for your information please." 7. ..... sections 21, 22 and 22a would be applicable to pending proceedings in information case and not the procedure prescribed after the amendment made by the chartered accountants (amendment) act, 2006. ..... provisions of ca act, 1949, relating to misconduct and the procedure and penalties, underwent substantial modification and amendments by the chartered accountants (amendment) act, 2006 (hereinafter referred to as the amendment act, 2006). 13. ..... keeping in view the aforesaid principle in mind, one has to interpret section 21d of the ca act, 1949. .....

institute of Chartered Accountants of India Vs. Price Waterhouse and a ...

Court : Supreme Court of India

Reported in : [1997]90CompCas113(SC); JT1997(6)SC607; 1997(5)SCALE16; (1997)6SCC312; [1997]Supp2SCR267

..... ., but for the reasons which i shall shortly indicate, i am unable to agree with the interpretation placed on section 21 of the chartered accountants act, 1949 (for short, the 'act'), as also on the regulation 16 framed thereunder ..... the appellant-council had treated the said publication as amounting to solicitation of professional attainments, violating clauses (6) and (7) of part i of first schedule to the chartered accountants act, 1949 (for short, the 'act') and called upon the respondent by proceedings dated december 13, 1990 to send the name of the members who were answerable to the charge of misconduct. ..... . functions of the council have been specified in section 15 which include granting or refusal of certificate of practice under the act, maintenance and publication of a register of persons qualified to practice as chartered accountants, removal of names from the register and the restoration to the register of names which have been removed, the regulation and maintenance of the status and standard of professional qualifications of the members and the exercise of disciplinary powers conferred by this act.9 ..... . institute of chartered accountants of india (for short, the 'institute'), is defined in section 2(e) of the act ..... under section 2(e) 'institute' means the institute to chartered accountants of india constituted under the act. .....

Debabrata Basu Vs. the Institute of Chartered Accountants and anr.

Court : Kolkata

Reported in : AIR1952Cal189,[1952]22CompCas138(Cal)

..... case involves the interpretation of section 30 of the chartered accountants act, 1949, and the principal point for determination is whether the provision in regulation 34 for refund of premium chargeable for the training of an articled clerk, purported to have been made in exercise of the powers given under section 30, is ultra vires the said section.2. ..... words in sub-section (2) of section 30 of the chartered accountants act, 1949 make it abundantly clear that the enumeration which follows is without prejudice to the generality of the power under sub-section (1) of section 30 ..... is in these terms:'whereas it is expedient to make provision for the regulation of the profession of accountants and for that purpose to establish an institute of chartered accountants;section 3 provides for the incorporation of the institute and is as follows:'3 (1) all persons whose names are entered in the register at the commencement of this act and all persons who may hereafter have their names entered in the . ..... to the secretary to the council for registration, the plaintiff pointed out that he had omitted from the articles clause 4(f) of form 'l' on the ground that the said clause was 'ultra vires' the chartered accountants' act. ..... register under the provisions of this act, so long as they continue to have their names borne on the said register, are hereby constituted a body corporate by the name of the institute of chartered accountants of india, and all such persons shall be known as members of .....

Hiken Naresh Shah Vs. The Board of Control For Cricket in India

Court : Mumbai

..... in the facts of that case, the supreme court was interpreting section 21 of the chartered accountants act, 1949 which deals with the procedure into enquiries relating to misconduct ..... relied upon by mr kamdin was a decision of the supreme court in the case of institute of chartered accountants of india (supra). ..... supreme court cases 447), (ii) institute of chartered accountants of india v/s l.k. ..... mr kamdin relied upon paragraph 10 of the said decision wherein the supreme court has opined that even if the statute is silent and there are no positive words in the act or the rules made thereunder, there would be nothing wrong in spelling out the need to hear the parties whose rights and interest are likely to be affected by the orders that may be passed, and making ..... on interpreting the said section, the supreme court observed at paragraph 14 that though there was a difference between the terms under sections 21(3) and 21(4), the textual ..... (ii) in the event of any complaint being received from any quarter or based on any report published or circulated or on its own motion, in the subject matter of any act of indiscipline or misconduct or violation of any of rules and regulations by any player, umpire, team official, selector or any person appointed or employed by bcci, the president shall refer the same within 48 hours to a commissioner appointed ..... the issue before the division bench was the interpretation of rule 4 of the foreign exchange management (adjudication proceedings and .....

Council of the Instt. Of Chartered Accountants of India vs.shri Gyan P ...

Court : Delhi

..... the transitional provision, being section 21d, when on november 17, 2016 the chartered accountants act, 1949 was amended has been interpreted by the division bench. ..... we accordingly hold the reference to be maintainable for the reason that matter would have to be decided as per the chartered accountants act 1949 and not as amended by the chartered accountants (amendment) act, 2006.10. ..... all complaints pending before the council or any inquiry initiated by the disciplinary committee or any reference or appeal made to a high court prior to the commencement of the chartered accountants (amendment) act, 2006, shall continue to be governed by the provisions of this act, as if this act had not been amended by the chartered accountants (amendment) act, 2006. ..... on february 06, 2002 the comptroller and auditor general of india (cag) made a complaint to the institute of chartered accountants alleging that for the year 2000-01 the joint statutory auditors of cotton corporation of india : m/s megha & associates had committed misconduct while performing duties as the auditors of cotton corporation of india (cci).2. ..... the intention of the legislation in enacting section 21d of the ca act, 1949 is to draw out or make a distinction between the cases pending before the council on a complaint or on information, and ensure that the amended provisions would apply to a fresh complaint or information and the unamended act will apply to the pending complaints or information. .....

Shaji Poulose Vs. The Institute Of Chartered Accountants Of India

Court : Supreme Court of India

..... 5 the petitioners herein are chartered accountants who have challenged the validity of clause 6 of guidelines no.1- ca(7)/02/2008 dated 08.08.2008 issued by the institute of chartered accountants of india (hereinafter referred as, respondent-institute ), under powers conferred by the chartered accountants act, 1949 (hereinafter referred to as the 1949 act ) on the ground that the same is illegal, arbitrary and violative of article 19(1)(g) of the ..... no.1: whether the council of the respondent- institute, under the 1949 act, was competent to impose, by way of guidelines, a numerical restriction on the maximum number of tax audits that could be accepted by a chartered accountant, under section 44ab of the it act, 1961, in a financial year by way of a guideline?.13 ..... forms part of the context against which legislation is enacted and, when interpreting legislation, a court should take it into account.42. ..... francis bennion on statutory interpretation (8th edn, 2020 at section 26.4) deals with principle against doubtful penalisation in the following words: it is a principle of legal policy that a person should not be penalised except ..... 677.3 section 2 of the 1949 act deals with interpretation and the relevant clauses of section 2 are extracted as ..... what falls for interpretation in this batch of cases is the expression any guidelines issued by ..... as a rule of statutory interpretation, we find that the aforesaid principles, in an equitable legal system, should be applicable to ..... interpretation .....

All Kerala Chartered Accountants Association Vs. Union of India (Uoi)

Court : Kerala

Reported in : (2002)176CTR(Ker)268; [2002]258ITR679(Ker)

..... expression 'practising chartered accountant' as under:'practising chartered accountant means a person who is a member of the institute of chartered accountants of india and is holding a certificate of practice granted under the provisions of the chartered accountants act, 1949 (38 of 1949) and includes any concern engaged in rendering services in the field of chartered accountancy'.the expression 'taxable service', in relation to chartered accountants, is defined in section 65(48)(s) as under:'taxable service means any service provided, (s) to a client, by a practising chartered accountant in his professional capacity; in any manner;'section 66 is the charging section and provides that, from a stipulated date, ..... consequently, it is submitted that while interpreting entry 60 in list ii of schedule vii, as far as chartered accountants are concerned, the distinction made by the supreme court in ..... state of haryana (1981) 2 scc 318, the learned counsel for the petitioners contends that, if the courts put too broad an interpretation on the residuary powers of the parliament, so as to retrench upon and whittle away the legislative powers of the state, it would be eroding the federal structure ..... income tax, bombay, air 1955 sc 58, the supreme court held that the rules which apply to the interpretation of other statutes apply equally to the interpretation of a constitutional enactment subject to this reservation that their application is of necessity conditioned by the subject-matter of .....

Council of the Institute of Chartered Accountants of India Vs. P.C. Pa ...

Court : Gujarat

Reported in : [2003]129TAXMAN80(Guj)

..... chandani, j.this reference is made under section 21(5) of the chartered accountants act, 1949, by which the council has forwarded the case to this court after finding the respondent, who is a member of the institute of chartered accountants of india, guilty of misconduct other than the misconduct as is referred to in sub-section (4) of section 21 of the act, and recommended removal of the respondents name from the register of members of the institute of chartered accountants of india for a period of six months.2. ..... but such a relationship can be maintained or enhanced only if the professional body would interpret the concept of public interest and the necessity for the professional man to watch it as broadly as possible. ..... the supreme court held that it had always placed a broad interpretation on the value and content of article 19(1)(a), making it subject only to the restrictions permissible under article 19(2). ..... the prestige and confidence enjoyed by a profession to a great extent, is dependent on strictness and scrupulosity with which such a code is interpreted and not necessarily by legislation or regulation as much by self-discipline'. ..... the council rejected the contention that the disciplinary committee, in its interpretation of misconduct, had gone beyond the scope of its inquiry. ..... it is obligatory on the employer to specify and if necessary define it with precision and accuracy so that any ex post facto interpretation of some incident may not be camouflaged as misconduct. .....

Rajendra Singh Lodha and Etc. Vs. the Institute of Chartered Accountan ...

Court : Kolkata

Reported in : AIR2006Cal223

..... complaint alleging misconduct against a member of the institute is to be filed under section 21 of the chartered accountants act, 1949. ..... were made against the petitioners under section 21 of the chartered accountants act, 1949. ..... took steps to serve copies thereof in terms of provisions of the chartered accountants regulations, 1988, regulation 12(6). ..... the three petitioners in these three writ petitions have raised a common question of law regarding interpretation of a provision of the chartered accountants regulations, 1988, regulation 12(4), which is : '(4) every complaint, other than a complaint made by or on behalf of the central or any state government, shall be accompanied by a deposit of one hundred rupees which will be forfeited if the council, after considering ..... my opinion, the regulations made for the purpose of carrying out the objects of the statute cannot admit of an interpretation which does not emerge from a plain reading of the provisions in the statute. ..... according to counsel for the petitioners provisions in regulation 12(4) should be interpreted for the benefit of a member in that by them a threshold safety valve has been created with a view to arresting and nipping in the bud a frivolous complaint or a complaint made mala ..... has said that keeping in mind that the issue arises out of the provisions of a special statute meant for professionals, it is to be seen whether the petitioners are correct in their interpretation of the provisions in regulation 12(4).11. .....

Nellimarla Jute Mills Co. Ltd. Vs. Zonal Director General of Foreign T ...

Court : Kolkata

Reported in : 2004(4)CHN9,2005(185)ELT227(Cal),[2006]65SCL369(Cal)

..... (supra), the apex court was considering the scope, of sections 21(3) and 21(4) of the chartered accountants act, 1949, to find out whether at the stage of recording finding in terms of section 21(3), an opportunity of hearing should be given to the member against whom an allegation of misconduct has been brought, although there is no ..... institute of chartered accountants and ..... ]2scr533 ;2) institutes of chartered accountants of india v. l.k. ..... thus, if the person concerned does not answer the show cause and at the same time, also does not demand any hearing, the court cannot interpret the said provision so as to add into it a duty to communicate to the person concerned any date of taking decision for the purpose of ..... mehta lastly referred to the following observations from the principles of judicial review by de smith & jowell, 1999 edition;'procedural fairness generally requires that person liable to be directly affected by proposed administrative acts, decisions or proceedings be given adequate notice of what is proposed, so that they may be in a position: (1) to make representation on their own behalf; or(2) to appear at hearing or enquiry (if one is to be held);and(3) effectively to ..... the following facts are not in dispute:a) the petitioner was served with a notice to show cause under section 11 of the act asking it to justify why action should not be taken for not complying with the obligations of export imposed under the conditions of the advance license.b) in spite of receiving .....