TMI Blog2019 (3) TMI 1360X X X X Extracts X X X X X X X X Extracts X X X X ..... dering the facts of the case, the consequent misconduct on the part of the respondent No.2 and upon consideration of the written and oral submissions, the Board of Discipline has taken a view that the ends of justice shall be met if reasonable punishment is awarded to the respondent No.2. Accordingly, the punishment of reprimand and imposition of fine of ₹ 1,00,000/is considered to be reason ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... undar Daga, a Chartered Accountant, is punished by the Institute of Chartered Accountants of India with an order of reprimand and fine of ₹ 1,00,000/payable by him within a period of sixty days from the date of receipt of the order. It is in relation to his conduct in the proceedings before the Income Tax Department. Hence, the Department of Income Tax is before this Court seeking enhancemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der and remand the matter back to the respondent No.1 for fresh consideration in accordance with law. The question as to whether the act of misconduct complained of falls under the First Schedule or the Second Schedule of the Chartered Accountants Act, 1949 is a disputed question. Again, the question as to whether the punishment imposed upon the respondent No.2 is proportionate to the act of misco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d of Discipline is of the opinion that a member is guilty of a professional or other misconduct mentioned in the First Schedule, it shall afford to the member an opportunity of being heard before making any order against him and may thereafter take any one or more of the following actions, namely: (a) reprimand the member; (b) remove the name of the member from the Register up to a perio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d of Discipline and, therefore, on merits also, we do not find that a case is made out for claiming debarment of the respondent No.2 from practising the profession of Chartered Accountant. 6. Be that as it may, it is conceded before us that in the prosecution initiated by the petitioner-Department against the respondent No.2, if the conviction is recorded, the respondent No.2 would certainly be ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
