Judgment Search Results Home > Cases Phrase: chartered accountants amendment act 2006 section 15 amendment of section 18 Page 1 of about 1,773 results (0.112 seconds)

N.C. Bansal Vs. Board of Discipline of Icai

Court : Delhi

..... filed a complaint under section 21 of the chartered accountant (amendment) act, 2006, against one mr. ..... professional misconduct, within the meaning of clause (2) of part-iv of the first schedule and clauses (5), (6) & (7) of part-i of the second schedule to the chartered accountants act, 1949 [as amended by the chartered accountants (amendment) act, 2006].. ..... section 21 of the chartered accountants act, 1949 to the extent it is ..... the notice of the court any rule requiring hearing being given to the complainant before forming a prima facie opinion in terms of rule 9(2) of the chartered accountant (procedure of investigation of professional and other misconduct and conduct of cases) rules, 2007. ..... manoj gupta was duly considered in terms of 8(5) of chartered accountant (procedure of investigation of professional and other misconduct and ..... rule on the ground that it does not provide for any hearing to the complainant before director (discipline) forms a prima facie opinion with respect to the alleged professional misconduct by a chartered accountant.7. ..... direction or order in the nature of mandamus be issued against the respondent with a direction to carry out and expedite the investigation into the said complaint in accordance with the provision of icai act and direct the respondent to submit an appropriate report before this hon ble court. ..... for informing this hon ble court, about the steps taken/ directed by him, for investigating of the complaint filed under section 21 of icai act. .....

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

Court : Delhi

..... 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 ..... 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." 18. ..... 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). ..... post amendment act, 2006, sections 21 to 21c of the ca act, 1949, read as ..... amendment act, 2006, enacted a transitional provision in the form of section ..... 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 ..... the present appeal involves interpretation of section 21d of the chartered accountants act, 1949 (ca act, 1949, for short). ..... it is important to note that the first and the second schedules were amended by the amendment act, 2006 and have been made more exhaustive and in some cases penalties have been made stricter .....

J.K. Industries Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : [2008]143CompCas325(SC); (2008)5CompLJ369(SC); (2007)213CTR(SC)301; [2008]297ITR176(SC); 2007(13)SCALE204; [2007]80SCL283(SC); 2007AIRSCW7443

..... for the purposes of this section, the expression 'accounting standards' means the standards of accounting recommended by the institute of chartered accountants of india constituted under the chartered accountants act, 1949 as may be prescribed by the central government in consultation with the national advisory committee on accounting standards established under sub-section (1) of section 210a:provided that the standard of accounting specified by the institute of chartered accountants of india shall be deemed to be the accounting standards until the accounting standards are prescribed by the central government under this sub-section. ..... these rules are also required to be placed before the parliament therefore, schedule vi can be amended or altered by a notification issued under section 641(1) of the companies act if schedule vi is not altered or amended in exercise of power under section 641(1) of the said act, then, schedule vi being part of the act, the rule adopting the as under section 642(1) of the act cannot modify or amend the provisions of schedule vi to the companies act in this connection, learned counsel urged that as 22 has now been prescribed by the rules framed ..... said rules are called as the companies (accounting standards) rules, 2006. ..... 7.12.06 the central government prescribed as 22 under section 211(3c) of the companies act by the companies (as) rules 2006. ..... , all 29 accounting standards are now contained in the companies (accounting standards) rules, 2006. .....

T.O. Aleyas Vs. the Institute of Chartered Accounts of India, 'icai Bh ...

Court : Kerala

..... the board of discipline on a consideration of the same agreed with the prima facie opinion of the director (discipline) that the respondent was not guilty of any professional or other misconduct under the chartered accountants act, 1949 (as amended by the chartered accountants (amendment) act, 2006. ..... section 21 (2) of the act, arrives at a prima facie opinion on the commission of misconduct by one of them, who are partners of a firm of chartered accountants, which firm was engaged for ..... , the board of discipline and the disciplinary committee (the respective 3rd respondent in these two writ petitions), constituted by the institute of chartered accountants of india, (the 1st respondent herein), under sections 21a and 21b of the chartered accountants act, 1949 (hereinafter referred to as the act), can, without giving any reasons, decide not to initiate disciplinary action against two chartered accountants, especially when the director (discipline), the 2nd respondent herein, without giving any reasons in exercise of powers under .....

Partha Ghosh Chartered Accountant of Mumbai and Others Vs. the Institu ...

Court : Mumbai

..... on or about 17th november-2006, the provisions of the chartered accountants act 1949 (the un-amended act) relating to mis-conduct and the procedure and penalties, underwent substantial modification and amendments by the chartered accountants (amendment) act, 2006 (hereinafter referred to as the amended act ). 6. ..... 7 by the amended act, section-21 of the un-amended act was replaced with sections 21, 21-a, 21-b, ..... the appeal and held that the procedure prescribed by sections 21, 22 and 22-a of the un-amended act would be applicable to the pending proceedings and information cases and not the procedure prescribed by the amended act. ..... section 21 of the un-amended act is ..... in the delhi high court in which the learned single judge held, based on the facts and circumstances of the case, that the procedure prescribed in the amended act, sections 21, 22, and 22-a would be applicable to pending proceedings in information cases. ..... respondent no.2 formed a prima facie opinion that the petitioners were guilty of mis-conduct and in accordance with section 21 of the act referred the matter to its disciplinary committee respondent no.3. ..... 2007 the council gave its finding under section 21(1) of the said act holding the petitioners prima facie to be ..... (8) for the purposes of any inquiry under this section, the council and the disciplinary committee shall have the same powers as are vested in a civil court under the code of civil procedure, 1908 (5 of 1908), in respect of the following matters, namely:-- .....

Council of the Institute of Chartered Accountants Vs. Ved Prakash Verm ...

Court : Delhi

..... the petitioner, having found the respondent no.1 chartered accountant guilty of misconduct other than any such misconduct as is referred to in section 21(4) of the chartered accountants act, 1949 (hereinafter referred to as the act ) as it stood prior to the amendment with effect from 17th november, 2006, has forwarded the case to this court with its recommendations thereon.2. ..... no.1, if proved, would have rendered the respondent no.1 guilty of other misconduct under section 22 read with section 21 of the act and clause (7) of part i and clause (1) of part ii of second schedule to the act, a copy of the complaint was forwarded by the petitioner institute under cover of its letter dated 5th may, 2005 to the respondent no.1, eliciting the response of the respondent no.1 thereto, as required by regulation 12(7) of the chartered accountant regulations, 1988; (iii) the respondent no.1 submitted his response dated 21st may ..... though the jurisdiction of this court under section 21(6) of the act is wide, without any restriction but in our opinion, the findings of the members of the disciplinary committee of the petitioner and the views of the petitioner council are entitled to great weight in light of the fact that they are the experts with regard to the matters pertaining to profession of chartered accountants and know the intricacies of the profession on account of their personal experience. .....

Subramani Gopalakrishnan Vs. Institute of Chartered Accountants of Ind ...

Court : Delhi

..... the icai treated the newspaper report as information within the meaning of section 21(2) of the chartered accountants act, 1949 [as amended by the chartered accountants (amendment) act, 2006 which came into effect from 17th november, 2006] (for brevity the ca act). ..... (v) in the criminal proceedings, the charges against the appellant are under sections 120-b r/w 409, 420, 419, 467, 468, 471 & 477 ipc; while the misconduct alleged in the disciplinary proceedings are within the meaning of clauses (5), (6), (7), (8) & (9) of part 1 of the second schedule and other misconduct under section 22 read with section 21 of the chartered accountants act. ..... a prima facie opinion was also formed that the said two chartered accountants were guilty of other misconduct within the meaning of section 22 read with section 21 of the ca act. ..... that would be against the public interest since the ca act has its rigorous technical norms and the chartered accountants registered with it are required to function with statutory responsibility. ..... the aforesaid submissions were resisted by the icai, submitting that there was no justification or warrant to stay the disciplinary proceedings against the chartered accountants as the charges are not the same inasmuch as the charges levelled in the criminal case pertained to cheating, criminal conspiracy and fraud, whereas the charge sheet in the disciplinary proceeding pertained to negligence, conduct and functioning under the ca act. .....

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

Court : Delhi

..... 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. ..... 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. ..... 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 ..... the transitional provision, being section 21d, when on november 17, 2016 the chartered accountants act, 1949 was amended has been interpreted by the ..... it to highlight that the word complaints in section 21d was read to include information as well ..... even under section 6 of the general clauses act the position is ..... the legislation intent behind incorporating section 21d is to make the legal position beyond doubt or cavil so that there is ..... circumstances, we would prefer the interpretation placed by the appellant on the word complaint as used in section 21d. ..... section 21d reads as under .....

Council of theinstitute of Chartered Ac Vs. Shri G. Pattabhi Ramachary ...

Court : Andhra Pradesh

..... high court was replaced with an appeal to the aa comprising a chairperson who has to be a sitting or a retired judge of a high court and two other members.section 21d of the c.a.act is a transitional provision which reads as under: ".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.". ..... we are unable to accept the argument of the learned counsel for the institute that this court's jurisdiction under section 21 of the act is limited to examine only quantum of punishment, though in a different context while dealing with section 21 of the act, the hon'ble supreme court in a case reported in the council of the institute of chartered accountants vs.b.mukherjea3 wherein it was held as follows: ".the next question to consider is in regard to the extent of the jurisdiction and powers of the high court when the ..... ).in compliance with the section 21 (3) of the chartered accountants act, 1949 (hereinafter referred to as ".the c.a.act". ..... therefore, the committee is of the view that a chartered accountant must act with a degree of restraint while issuing a revised audit report. .....

Abhoy Chandra Bakshi Vs. Commr. of Service Tax, Kolkata

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata

..... chartered accountant for the applicant submits that the entire service charges on which demand has been confirmed relates to repair and maintenance of roads/high ways. ..... he submits that in view of the retrospective amendment, vide section 97 and 98 of the finance act, 2012, no service tax is leviable on the repair and maintenance service of roads. 3. ..... this is an application filed seeking waiver of pre-deposit of service tax of rs.57.90 lakhs and penalty of equal amount imposed under section 78 of the finance act and rs.5,000/- under section 77 of the finance act, 1994. 2. ..... we find that the appellants are claiming that the entire value of taxable services received by them during the relevant period was on account of maintenance and repair of roads. ..... it is their contention that the said services were retrospectively exempted from levy of service tax by virtue of section 97 and 98 of the finance act, 2012. ..... commissioner for deciding the issue afresh, taking into consideration the aforesaid retrospective amendment. ..... he submits that the period involved in the present case is from 2005-2006 to 2006-2007. .....