Court : Madhya Pradesh
Reported in : [1979]49CompCas478(MP)
..... a reference by the council of the institute of chartered accountants of india under section 21(5) of the chartered accountants act, 1949 (hereafter referred to as ' the act '), with its recommendation to this court that shri ..... it is essential to remember that this court insuch jurisdiction as under section 21 of the chartered accountants act isdealing with not so much a private dispute or a private litigation but isdealing with the findings of a professional body of people who are intendedto be the best judges of what their own standard ..... speaking for the court, observed at page 181 thus:' wide are the powers, therefore, of this court in dealing with references under section 21 of the chartered accountants act. ..... upon the respective contentions of the parties, the following question arises for decision :' whether, on the facts and in the circumstances, the respondent-chartered accountant is or is not guilty of professional misconduct within the meaning of section 22 of the act on the ground that he has allowed his articled clerk to engage himself in other employment during the period of his articles without prior permission of the council as required under regulation 36 ..... the learned judges of the calcutta high court, we are unable to agree in their view, which, if accepted, would amount to importing something into the language of section 21(6) of the act, as the court has to interpret the law and apply the same to the facts of each case but not to take the role of the legislature. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1998]93CompCas618b(MP)
..... exercise of the powers conferred by clause (ii) of part ii of the second schedule to the chartered accountants act, 1949, the council of the institute of chartered accountants of india hereby specifies that a member of the institute in practice shall be deemed to be guilty of professional misconduct, if he accepts, in a financial year, more than the'specified number of tax audit assignments' under section 44ab of the income-tax act, 1961 : provided that in the case of a firm of chartered accountants in practice, the 'specified number of tax audit assignments' shall be construed as the specified ..... was issued purporting to be in exercise of powers conferred by clause (ii) of part ii of the second schedule to the chartered accountants act, 1949, relevant extract of the notification is quoted below :'to be published in part iii, section 4 of the gazette of india, dated february 4, 1989. ..... ii of the second schedule to the chartered accountants act, 1949, deals with professional misconduct :'part ii ..... number of tax audit assignments for every partner of the firm : provided further that there any partner of the firm is also a partner of any other firm or firms of chartered accountants in practice, the number of tax audit assignments .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2006(1)MPLJ126; [2006]145STC639(MP)
..... one member of the appellate board shall be an advocate within the meaning of the advocates act, 1961 (25 of 1961) or a chartered accountant within the meaning of the chartered accountants act, 1949 (38 of 1949), who has experience of at least ten years of practice in sales tax, commercial tax ..... sub-section (1) thereof provides that any dealer may attend or appear in person or represented by a person authorised by him in writing, being a relative of or a person regularly employed by the dealer or a legal practitioner or a chartered accountant ..... employer in connection with sales tax cases of his employer before a sales tax authority, he cannot be treated to be a legal practitioner or entitled otherwise to practise the profession of law by virtue of section 71 of the bombay sales tax act.the second category of persons, who are entitled to appear before sales tax authorities under clause (b) of section 71, are professionally qualified persons, a legal practitioner or a chartered accountant or a cost accountant may appear before a sales tax authority on behalf of his client. ..... for at least ten years and is granted a certificate by the commissioner having regard to his record of service in the department as being a fit and proper person to appear in any proceeding under this act, shall be entitled to appear as a tax practitioner.sub-section (3) of section 31 requires, every tax practitioner and every person who is entitled to appear as a tax practitioner in any proceeding under the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1991MP378; 1992(0)MPLJ614
..... the petitioner has preferred this revision under section 22a(2) of the chartered accountants act, 1949 (act xxxviii of 1949), (for short, the 'act') against an order dated 29-2-1988, passed by the council of the institute of chartered accountants of india (for short, the 'council') in case no ..... 1 and 2, that the respondent was guilty of professional misconduct within the meaning of section 21 read with section 22 of the chartered accountants act, 1949, and clause (i) of part 11 of the second schedule to the said act because of the reason that there was no evidence before the committee to prove the charge of premium having been received by the ..... sharma, articled clerk, in contravention of regulation 31 of the chartered accountants regulations, 1964 (for short, the 'regulations') and (ii) he had not paid stipend to the said articled clerk as required under regulation 32b(1) of the ..... 2, a chartered accountant and a member of the institute of chartered accountants of india (for short, 'respondent ..... in any case, there was no mens rea; the proceedings are quasi criminal in nature and, as regulation 32b(1) is not happily worded which is open to two interpretations, the benefit must go to respondent no. 2. ..... it is settled that while interpreting a relevant provision of a statute the purposeful construction should be adopted and not that which frustrates the purpose.17 ..... gupta that regulations 32b(1) is not happily worded and is capable of two interpretations, in my opinion, cannot be accepted. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1999MP246
..... for theexercise of integrity, intelligence and personal skill by the chartered accountant in the service of his client and so the preamble of the chartered accountant act, 1949 describes the avocation of a chartered accountant as a profession. n. e. ..... us 275; 23 l ed 347.buying and selling together, exchange of merchandise especially on a large scale between different countries or districts; intercourse for the purpose of trade in any and all its forms (section 2(13), income-tax act.the word 'profession' has been defined in black's law dictionary--sixth edition as under :'profession. ..... manmohan das : [1966]59itr699(sc) , income-tax act, 1961, section 28.one definition of a profession is an employment, especially an employment requiring a learned education, as those of law and ..... the context as well as the phraseology of the definition in section 2(15) is inapposite in the case of a lawyer's office or the office ..... in our view the expression business occurring in section 10(3)(a)(iii) is used in a wide sense so as to include the practice of ..... to be skilled in and to follow; any calling or occupation by which a person habitually earns his living (section2(36), income-tax act and section 150, indian evidence act); 2. ..... (3) nothing in the foregoing provisions of this section shall derogate from the power of the board, if it considers it necessary or expedient to fix different tariffs for the supply of electricity to any person not being a licensee, having regard to the geographical position .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1986)52CTR(MP)329; [1985]156ITR134(MP)
..... section says that 'accountant' shall have the same meaning as in the explanation below sub-section (2) of section 288, which means a 'chartered accountant' within the meaning of the chartered accountant act, 1949, and includes in relation to any state any person who is entitled to be appointed to act as an auditor of companies registered in that state by virtue of section 226(2) of the companies act ..... as it brings within its ambit even small commission agents whose actual income may be much less ; and (ii) the requirement of compulsory audit by an ' accountant' as defined in the explanation below sub-section (2) of section 288 gives an unfair advantage to the chartered accountants who can also appear as an ' authorised representative ' for the assessee, inasmuch as the assessee may prefer them to the legal practitioners for representing them in ..... legal practitioner, who is an advocate, is authorised to represent the assessee also before the high court and the supreme court, the ' chartered accountant' cannot do so, even though they are equals under section 288 of the act. ..... without the aid of the audit report; (ii) this burden becomes too onerous also because enough number of chartered accountants are not available for the work of compulsory audit of such assessees; and the 'specified period ' of four months from the end of the accounting year is not adequate for the purpose; (iii) the provisions directing audit in accordance with section 142(2a), in section 142(1) to call for books .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2009MP243
..... the petitioner has preferred this revision petition under section 22-a(2) of the chartered accountants act, 1949 (in short 'the act') against an order dated 21-10-2004, passed by the respondent no. ..... the chartered accountants act, 1949 has been brought on statute book with the object of developing and establishing a system in which the accountants will, in autonomous association of themselves, largely assume responsibilities involved in the discharge of their public duties by securing maintenance of the requisite standards of professional qualifications, discipline and conduct. ..... section 2(1)(e) of the act defines 'institute' to mean the institute of chartered accountants of india constituted under the act. ..... preamble of the act makes it clear that it is expedient to make provision for the regulation of profession of chartered accountants. ..... 2 considered the complaint in accordance with the provisions of regulation 12(11)(i) of the chartered accountants regulations, 1988 (in short 'the regulations'). ..... 1, a chartered accountant and a member of the institute of chartered accountants of india of the charges levelled against him by the petitioner in his complaint dated 25-4-2002 (annex. p-3).2. ..... 1 is auditing the accounts of the trust and also getting fees where he himself is a trustee, and thus he is guilty of professional misconduct under clause (4) of part i of second schedule framed under sections 21(4) and 22 of the act, and(ii) the respondent no. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1986)50CTR(MP)261; [1985]156ITR459(MP)
..... partnerof the firm, as well as the chartered accountant, shri p.c. ..... the five other partners before relying on it as the sole basis for reversing the finding of the commissioner (appeals) given on the basis of the uncontroverted affidavits of the assessee's partner and chartered accountant. ..... against rejection of the application, which was time-barred by virtue of section 184(4) of the act, was repelled and on merits, the explanation given by the assessee to account for the delay in filing the application was accepted. ..... of the case, the tribunal was not justified in reversing the order of the commissioner of income-tax (appeals) and in restoring the order of the income-tax officer under section 184(4) of the income-tax act rejecting the assessee's application in limine without giving an opportunity to the assesses to explain the circumstance relied on against it for the first time.'7. ..... assessee to this circumstance being relied, on contending that there was an explanation for the same and, therefore, even if this new ground was to be taken into account, the assessee should be given an opportunity to explain the same for which the assessee was possessed of material. ..... well as the request of the assessee for opportunity to explain the circumstance, took into account the same without giving any such opportunity to the assessee and came to the conclusion that this circumstance by itself negatived the assertion made on affidavits by the assessee's partner as well as its chartered accountant. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1997)137CTR(MP)365; [1996]221ITR240(MP)
..... but the assessee by his letter dated august 21, 1985, informed the income-tax officer that the chartered accountant appointed to conduct the audit 'had shown his inability to finalise the audit as he was very busy in other audits'. ..... (2) whether the income-tax appellate tribunal was correct in holding that in computing the period of limitation for the purpose of section 153 of the income-tax act, 1961, 'the date on which the assessee furnishes the report of such audit' in sub-clause (iii) of explanation 1 to that section must be interpreted to include the 'date on which the assessee expresses his inability to furnish such audit report' ?' 2. ..... the income-tax officer, while making the assessment de novo as per the directions of the commissioner of income-tax (appeals), invoking the provisions of section 142(2a) of the income-tax act, directed the assessee on march 30, 1985, to get its accounts audited and to furnish a report of such audit hy june 30, 1985. ..... be that as it may, the income-tax officer invoked his jurisdiction under section 142(2a) of the income-tax act on march 30, 1985, for asking the assessee to submit the audit report by june 30, 1985 ; but the report could not be submitted. ..... this is an income-tax reference under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the i. t. ..... there is no justification on account of the income-tax officer to wait till august 30, 1985,x and then the income-tax officer woke up for assessment. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2007MP1
..... while allowing the amendment the question as to whether the relief sought by way of amendment was barred by time or not has been left open and where the specific statutory provision of section 3(2)(b) of the limitation act provides that the counter claim shall be deemed to have been instituted on the date on which it is made in court the doctrine of relation back does not get attracted and hence, ..... considered opinion that the impugned judgment and decree of the trial court deserves to be and is hereby upheld as there is no infirmity in the conclusion recorded by it that the counter claim for accounts as initially filed by the appellant was barred by limitation as it had been filed beyond a period of three years from the date of dissolution of the firm. ..... -defendant in the counter claim that subsequent to the dissolution of the firm vide the deed dated 16.6.91 and pending finalization of accounts, both the partners had agreed in the presence of basant kumar agrawal on 23.7.91 that the respondent/plaintiff shall pay a sum ..... counter claim which, initially was only for accounts and as the computation of limitation in case of a counter claim has been statutorily prescribed as the date on which it is made in court and cannot by fiction relate back to the date of filing of the suit in view of the specific provision of section 3(2)(b) of the limitation act. 20. ..... alleged that admittedly the accounts of the firm were finalized as per the chartered accountant's report dated 13.10.1991 .....
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