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Council Of The Institute Of Chartered Accountants Of India Versus Shri Gyan Prakash Agarwal & Anr

2017 (1) TMI 1111 - DELHI HIGH COURT

The 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 counci .....

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ended 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. - CHAT.A.REF 1/2014 - Dated:- 19-1-2017 - MR. PRADEEP NANDRAJOG & MR. YOGESH KHANNA JJ. Petitioner Represented by: Mr. Rakesh Agarwal & Mr. Pulkit Agarwal, Advocates. Respondents Represent .....

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vision, 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 p .....

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y to the pending complaints or information. It is inconceivable and there is no good reason or cause why distinction should be made between information and complaint for the purpose of deciding whether the amended or unamended provision would apply. The legislation intent behind incorporating Section 21D is to make the legal position beyond doubt or cavil so that there is no dispute. Even under Section 6 of the General Clauses Act the position is the same. In these circumstances, we w .....

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D was read to include information as well. 7. Meaning thereby if information pertaining to an alleged misconduct was pending before the Council, further proceedings have to continue as per the unamended 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, th .....

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eason 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 application is dismissed. 1. On February 06, 2002 the Comptroller and Auditor General of India (CAG) made a complaint to the Institute of Chartered Accountants alleging that for the year 2000-01 the Joint Statutory Auditors of Cotton Corporation of India : M/s Megha & Associates had committed misconduct whil .....

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