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Council Of The Institute Of Chartered Accountants Of India Versus Mahesh Kumar Gupta & Anr.

2016 (9) TMI 659 - DELHI HIGH COURT

Professional misconduct - Chartered Accountants Act, 1949 - Held that:- A professional misconduct enumerated in the First Schedule of the Act would be a category by itself and other misconduct contemplated by Sub-Section (1) of Section 21 would have to be looked outside Part I of the First Schedule. It would be a conduct which any reasonable member of the society would frown upon. - Now, a professional who threatens a client would certainly commit a misconduct because the act is of a kind wh .....

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by: None. PRADEEP NANDRAJOG, J. (ORAL) 1. The reference made to this Court by the Institute of Chartered Accountants under Section 21(5) of the Chartered Accountants Act, 1949 has reached for hearing today. Whereas counsel as above appear for the Institute of Chartered Accountants, the first respondent who is the contesting respondent has not appeared. 2. With the able assistance of Sh.Rakesh Aggarwal, Advocate we have gone through the record commencing from the complaint received against the f .....

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to pay professional charges the complainant used to pay the professional charges and was surprised to receive a bill from the respondent on November 10, 2004 demanding a sum of ₹ 3.8 lacs as professional fee for filing the returns of the complainant for 19 years commencing from the financial year 1985-86 till the financial year 2004-05. The bill was raised @ ₹ 20,000/- per annum. As per the complainant the bill was accompanied by a threatening written communication which was alleged .....

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CMD of National Hydro Power Corporation. It was further alleged by the complainant that the respondent solicited professional work through personal communications. 4. The complaint was taken cognizance of. A Disciplinary Committee was constituted which heard the complainant and the respondent and the evidence placed on record by the complainant. 5. Noting that there was evidence to establish that the respondent was filing the income tax returns of the complainant and his family members, the Com .....

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d that it was strange that the respondent would raise a bill for 19 years services rendered in the year 2004 and found no explanation from the respondent as to why for each year as and when professional servicers were rendered a bill was not raised. Finding no proof by the complainant that he had paid professional charges, the Committee did not delve any further on the merits of the dispute concerning ₹ 3.8 lacs payable towards professional services rendered. Though no reasons have been ex .....

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d to be a wee bit aggravating. 7. With respect to the communication concerning soliciting work the Committee found that the writing was on a plain paper and not on the letter head of the firm of the respondent; it bore no signatures and thus was opined to be not indicative of being sent by the respondent. The complainant failed to establish that the communication originated from the respondent. Thus, the Committee absolved the respondent of said charge. The Committee also found that the complain .....

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ted by Section 21(6)(b) of the Chartered Accountants Act, 1949 to be inflicted. 9. Section 22 of the Chartered Accountants Act, 1949 reads as under:- 22. Professional misconduct defined For the purpose of this Act, the expression professional misconduct shall be deemed to include any act or omission specified in any of the Schedules, but nothing in this section shall be construed to limit or abridge in any way the power conferred or duty cast on the Council under sub-Section (1) OF Section 21 to .....

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