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2017 (1) TMI 1111 - HC - Indian LawsThe transitional provision of Section 21D of the CA Act, 1949 - misconduct - Held that:- The word ‘complaints’ in Section 21D was read to include information as well. Meaning thereby if information pertaining to an alleged misconduct was pending before the Council, further proceedings have to continue as per the unamended Act. The facts we need to note in the instant case are that a complaint was received by the Council on November 06, 2002. Correspondences ensued between the council and Megha & Associates, the firm of Chartered Accountants. Clarifications sought not being granted, the matter was treated as information and in accordance with regulation 12(6) of the Chartered Accountants Regulations 1988, a letter was issued by the Council on December 30, 2005 calling upon the firm of chartered accountants to disclose the name of the members answerable to the charges. The respondent submitted his written statement of defences on July 25, 2006 i.e. much before the Act was amended on November 17, 2006. 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.The application is dismissed.
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