Judgment Search Results Home > Cases Phrase: cost and works accountants act 1959 section 22c procedure etc of authority Page 1 of about 105 results (0.113 seconds)

Sanjay Gupta vs.vijender Sharma & Ors

Court : Delhi

..... the respondent claimed that the direction of the disciplinary authority to inform all members of nirc to desist themselves from passing any resolution which is in violation of the cost and works accountants act, 1959 and the rules & regulations made thereunder, amounted to imposing a punitive measure of reprimand.10. ..... the direction to inform all council members to desist themselves from passing any resolution in violation of the cost and works accountants act, 1959 and the rules & regulations framed thereunder cannot be construed as an action of reprimand under section 21b (3)(a) of the act.20. ..... of any case, revise any order made by the board of discipline or the disciplinary committee under sub-section (3) of section 21a and sub-section (3) of section 21b and may- confirm, modify or set aside the order; a) b) impose any penalty or set aside, reduce or enhance the penalty imposed by the order; remit the case to the board of discipline or disciplinary committee for such further enquiry as the authority considers proper in the circumstances of the case; or pass such other order as the ..... it is also relevant to mention that section 21b(2) of the act enjoins the disciplinary committee to follow the procedure as prescribed. .....

Shri Rakesh Singh Vs. Union of India and Others

Court : Delhi

Reported in : [2002]110CompCas624(Delhi)

..... the ground indicated is that a complaint has been filed by government (department of company affairs) against the petitioner before the institute of cost and works accountants india under section 21 of the cost and works accountants act, 1959 as the petitioner had failed to submit the audit report of the said company in spite of specific instructions of the government to do so. ..... 1 & 2 have filed their counter affidavit contending inter alias that a complaint has been filed by the government of india (department of company affairs) against the petitioner before the institute of cost and works accountants india, calcutta in december, 1998 under section 21 of the costs and works accountants act, 1959, in connection with his professional misconduct during his appointment as cost auditor of m/s. ..... the petitioner herein is a fellow member of the institute of cost and works accountants of india. ..... when the statute provides that the power is to be exercised by the central government, the said power must be exercised by the statutory authority who is empowered to exercise the said power in a manner which is not arbitrary or unreasonable, after taking into consideration all the relevant factors. ..... i have considered the said provision of section 224 which relates to the procedure for appointment of auditors. .....

The Sales Tax Practitioners' Association of Maharashtra and Tushar P. ...

Court : Mumbai

Reported in : 2008(5)BomCR396; [2008]14STT348; (2008)14VST69(Bom)

..... added tax act,-(l) in sub section (l), in the explanation, for the words and figures 'accountants act, 1949' the words and figures 'accountants act, 1949 or a cost accountant within the meaning of the cost and works accountants act, 1959', shall be substituted;(2) in sub section (2), the words 'or as the case may be, purchases or a sum of one lakh rupees, whichever is less' shall be deleted;(3) after sub section (2), the following sub section shall be added, namely:(3) nothing in sub sections (1) and (2) shall apply to departments of the union government, any department of any state government, local authorities the railway administration ..... section 33 of the advocates act bars any other professional to practice in any court or before any authority etc. ..... if in the process of making legislation, the legislature in its wisdom provides for the procedure in the manner in which tax has to be levied, maintenance of books, procedure for checking correctness or verification of books, we fail to see as to how the same amounts to ancillary legislation or procedure not falling within the competence of the state legislature under entry 54. ..... clear cut comments on the major changes made by any firm in a given period in respect of accounting system, method of valuation of stocks and business model etc. ..... the object and purpose in providing compulsory audit is to facilitate the prevention of evasion of taxes, administrative convenience in quick and proper completion of assessments etc. .....

Dr. P. Chattopadhyay Vs. the Institute of Cost and Works Accountants o ...

Court : Kolkata

Reported in : (1987)0CALLT179(HC)

..... 1 (hereinafter referred to as the said institute), is a body corporate and constituted under section 2(f) of the cost and works accountants act, 1959 (hereinafter referred to as the said act) and the appellant was appointed as a director of research of the same sometime in september ..... . the principle that the services of a government servant normally stand terminated from the date on which the letter of resignation is accepted by the appropriate authority, unless there is any law of statutory rule governing the conditions of service to the contrary can apply to the case of any other employee. ..... rule 33 as mentioned the provisions for suspension and rule 37 deals with acts of misconduct, while rule 38 provides procedure for imposing major penality and sets out in detail how a disciplinary enquiry is to be held and special procedure has been laid down in rule 43 in respect of certain ..... air1964ap357 , which was also a judgment of a learned single judge of the andhra pradesh high court, where section 23 of the madras district municipalities act was considered and on the question as to whether delegation by municipal council of its power to hear tax appears, it has been observed that the council does not denude itself of those powers during subsistance of the delegation and lastly, to the case of union of india, etc., v ..... may consist of government departments, statutory bodies, statutory corporation, government companies, etc ..... to the determinations in the case of state of assam, etc. v .....

Shri Bhavarilal Javarilal Modi Vs. the Nashik Merchants' Co-operative ...

Court : Mumbai

Reported in : 2000(1)ALLMR247; 2000(1)BomCR583; (2000)1BOMLR288; 2000(1)MhLj328

..... (2-b) whether any order is issued under sub-section (2-a), the registrar shall cause such audit of such society or class of societies to be conducted by a cost accountant who is a member of the institute of cost and works accountants of india constituted under section 3 of the cost and works accountants act, 1959. ..... under section 81(1)(a) a duty is enjoined upon the auditor to examine the matters provided in the provision and also on the part of all officers to produce all the books, accounts, etc. ..... the auditor appointed by the registrar has to inspect accounts etc. ..... the said rules provide for procedure for appointment of auditors and for conducting audit. ..... the effect of minutes of order as sought to be interpreted by the bank and the other societies and bodies covered by section 81(1)(a) would be that despite the mandate of section 81(1)(a) and other provisions noticed above, after 15th august of the accounting year if the special auditor is unable to complete the audit for any reason including non-co-operation of the societies etc. ..... the aforesaid provisions throw ample light on the importance of audit to be conducted by the registrar or his nominee auditor in respect of societies and co-operative banks etc. ..... the registrar also has power to assess dam-ages against the delinquent promoters etc. .....

Consulting Engineering Services (India) Pvt. Ltd. Vs. the Chairman, Es ...

Court : Delhi

..... professional activities shall mean those activities involving services based on professional skills namely doctor, lawyer, architect, and chartered accountant, company secretary, cost and works accountant, engineer, town planner, media professionals and documentary film maker; ii. ............................................. ..... the present appeal filed under section 82 of the employees state insurance act, 1948 is directed against the judgment and order dated 15.02.2002 passed by the learned senior civil judge, esi court, delhi in esi petition no.19/99, whereby it was held that the appellant is covered by the employees state insurance act, 1948 (hereinafter referred to as "the act") and is not entitled to the relief claimed by it in the petition filed under section 75 of the act. 2. ..... in the said case, the appellant before the supreme court provided under a roof, the services of several different professionals like engineers, architects, financial consultants and management consultants, guidance and advice to other companies, corporations, boards and even local authorities on how best to manage their business for optimum utilization of plant, machinery and other infrastructure. ..... for the aforesaid purpose, the supreme court interpreted the expressions "price" and "work done" as appearing in article 56 and held that the term "price" does not cover the services provided by professionals such as an architect, lawyer, doctor, etc. .....

The Institute of Cost Accountants of India Vs. the Registrar of Trade ...

Court : Mumbai

..... constituted under the provisions of the institute of cost and works accountants act, 1959. ..... application for registration of a trade mark or on an application for an expedited examination of an application referred to in sub-rule (1) and any evidence of use or of distinctiveness or of any other matter which the applicant may or may be required to furnish, the registrar has any objection to the acceptance of the application or proposes to accept it subject to such conditions, amendments, modifications or limitations as he may think fit to impose under sub-section (4) of section 18, the registrar shall communicate such objection or proposal in writing to the applicant. ..... the respondents' website a letter / examination report dated 19.09.2011 from respondent no.1 to its advocate in kolkata stating that its application had been examined under the trade marks act, 1999 and trade mark rules, 2002 and that the mark was open to objection for the reasons mentioned therein. ..... inter-alia stated that it had not received any response from the respondents in respect of its application for registration despite several enquiries having been made from time to time and that as a result thereof, it was unable to provide training and award degrees / certificates on the newest branches of management and accountancy . 5. ..... reply was received or a request for a hearing was not applied for, the application would be treated as having been abandoned for lack of prosecution under section 132 of the said act. 6. .....

V. Balachandran Vs. Union of India and Another

Court : Chennai

Reported in : [1993]76CompCas67(Mad)

..... for a total period of ten years : or (v) is, or has been, fr at least fifteen years in ractice as a - (a) chartered accountant under the chartered accountants act, 1949 (38 of 1949) : or (b) cost accountant under the cost and workd accountants act, 1959 (23 of 1959) ; or (vi) has, for at least fifteen years working experience as a sectretary in whole time practice as defined in clause (45a) of section 2 of the companies act, 1956 (1 of 1956,) and is member of the institute of company secretaries of india under the company secretaries act, 1980 (59 of 1980) (2) a person shall not be eligible for appointment as member unless he has completed the ..... sachar committee appointed for the purpose of examining the administrative structure and procedure regarding enforcement of the provisions of the act, observed : '16.8 there is also the strong feeling, expressed almost without any reservation, by all the organisations and individuals who has submitted their memoranda to the committee or had appeared before it that there is a definite need for a quasi-judicial tribunal, independent of the executive authority of the central government, which should not only ensure that ..... in order to enable the company law board to discharge its quasi-judicial functions it is also necessary to clothe it with the powers of a civil court to enforce the attendance of witnesses and production of documents, etc. .....

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

..... of eminence well versed in accountancy, finance, business administration, business law, economics or similar discipline;(b) one member each nominated by the institute of chartered accountants of india constituted under the chartered accountants act, 1949, the institute of cost and works accountants of india constituted under the cost and works accountants act, 1959 and the institute of company secretaries of india constituted under the company secretaries act, 1980;(c) one representative of ..... section 209(3)), and that every balance sheet of a company shall give a 'true and fair' view of the state of affairs of the company at the end of the financial year, and that every p&l; a/c of a company shall also give 'true and fair' view of the p&l; a/c of a company for the financial year (see: section 211(1)(ii)).it is in this context of true and fair view requirement that the institute has framed accounting standards so as to enable proper recognition and measurement of all income and expenses, assets and liabilities etc ..... authority, has overridden the companies act, 1956 either by exceeding its authority in adopting as 22 or by making provisions inconsistent with sections 209 and 211 read with part i and part ii of schedule vi to the companies act ..... of the companies act, having regard to the provisions contained in sections 205, 350 of the said act, the said act does not lay down the procedure for recognition and measurement of either the income or expenses and or the assets and liabilities. .....

R. Nanabhoy Vs. Union of India and ors.

Court : Delhi

Reported in : [1983]53CompCas454(Delhi); 1983(4)DRJ309

..... (d) of sub-section (1) of section 209 to include in its books of account the particluars referred to therein, the central government may, by order, direct that an audit of cost accounts of the company shall be conducted in such manner as may be specified in the order by an auditor (who shall be a cost accountant within the meaning of the cost and works accountants act, 1959 (23 of 1959): provided that if the central government is of opinion that sufficient number of cost accountants within the meaning of the cost and works accountants act, 1959, are not available for conducting the audit of the cost accounts of companies generally ..... cost accountants work is not limited merely, to the components of costs, namely, labour raw material etc ..... section 637 cannot be pressed in service unless the provisions of the companies act requiring or authorising the central government or the company law board to accord the approval, sanction etc ..... the birth of the company and its name to its dissolution innumberable aspects of constitution, functions and working of company are regulated through the powers of approval, sanction, directions etc. ..... sehravar sebravandi and others etc. ..... impose condition, limitation or restriction cannot be understood without analysing the provisions of the act requiring approval, sanction etc. ..... of great significance to all the professions, such as that of advocate, medical practitioner, architect etc. ..... can now direct a class of companies engaged in production, manufacturing etc. .....