2017 (1) TMI 1111

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....te of Chartered Accountants of India & Ors vs. P. Rama Krishna & Anr. 3. The transitional provision, being Section 21D, when on November 17, 2016 the Chartered Accountants Act, 1949 was amended has been interpreted by the Division Bench.   4. Section 21D reads as under:- "D. Transitional Provisions. 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." 5. In para 37, the Division Bench held as under:- "37. The inten....

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.... Act. 8. 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. 9. We accordingly hold the reference to be maintainab....