TMI BlogICAI has suo moto powers to initiate disciplinary actions against CAs without written complaintX X X X Extracts X X X X X X X X Extracts X X X X ..... ICAI has suo moto powers to initiate disciplinary actions against CAs without written complaint - By: - CA Bimal Jain - Other Topics - Dated:- 26-12-2022 - - The Hon ble Delhi High Court in C.A. SANJAY JAIN, C.A. AJAY MATHUR, C.A.P. VENUGOPAL AND C.A. DALBIR SINGH GULATI VERSUS INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA ORS. - 2022 (12) TMI 821 - DELHI HIGH COURT has held that the Ins ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titute of Chartered Accountants of India ( ICAI ) can exercise Suo Moto powers and initiate disciplinary proceedings against its member Chartered Accountants ( CAs ) without a written complaint. Facts: C.A. Sanjay Jain ( the Petitioner ) was a member of =one of the five firms engaged by the Punjab National Bank ( PNB ) as the Joint Statutory Auditors for conducting a limited revi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ew of its financial statements for the third quarter of the Financial Year ( F.Y. ) 2017-18 and for the annual audit of the F.Y. 2017-2018. The first meeting between the Joint Statutory Auditors and the management of PNB was held on December 29, 2017 and on January 29, 2019, the Deputy Manager in the PNB Zonal Office at Mumbai lodged a criminal complaint against three firms connected with the fu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gitive Nirav Modi namely M/s Diamond R US, M/s Solar Exports and M/s Stellar Diamonds. That certain news articles exposed the scam detected at PNB. Accordingly, disciplinary proceedings were initiated by the ICAI against the Petitioner who are its members and a Show Cause notice ( SCN ) was issued to the Petitioner asserting that the Joint Statutory Auditors had not complied with the various ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Standards on Auditing ( SA ) and the Petitioner was asked to prove why disciplinary proceedings should not be initiated. The Petitioner assail the validity of the SCN issued as well as the prima facie opinion which has been drawn by the Disciplinary Directorate and forwarded for the consideration of the Disciplinary Committee. The Petitioner has challenged the suo moto initiation of procee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dings by the ICAI with it being principally contended that neither the Chartered Accountants Act, 1949 ( the CA Act ) nor the Chartered Accountants (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Rules, 2007 ( the CA Rules ) empower the Institute to draw proceedings on its own motion. The Petitioner contended that the proceedings initiated by the ICAI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is based on various news articles which appeared in the print and visual media platforms about the Nirav Modi Scam. Further, those newspaper reports, for reasons which shall stand elaborated hereinafter, cannot constitute information on the basis of which disciplinary proceedings could have been initiated. Issue: Whether the ICAI could be recognised to have a suo moto power to ini ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tiate disciplinary proceedings against its CA members? Held: The Hon ble Delhi High Court Delhi in C.A. SANJAY JAIN, C.A. AJAY MATHUR, C.A.P. VENUGOPAL AND C.A. DALBIR SINGH GULATI VERSUS INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA ORS. - 2022 (12) TMI 821 - DELHI HIGH COURT held as under: Noted that, a Complaint as well as Information is treated distinctively ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under the CA Rules. The expression Information has been defined and understood to mean any instruction or knowledge derived from an external source concerning facts or particulars. It has been further explained to include knowledge acquired from investigation, study or instruction. On the other hand, a Complaint means an accusation made in respect of the conduct of a particular person and rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ates to matters that personally affect the complainant. Observed that, the words Information and Complaint appear to have been consciously used and placed in Section 21 in order to enable the ICAI to proceed against a particular member unfettered by the absence a written complaint being provided to the ICAI. Further noted that, even under the scheme of the CA Act and the CA Rules, the wo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd complaint clearly appears to have been used in the sense of a written request for redressal of grievances which is submitted by a person specific and seeks the redressal of grievances that may have been personally suffered. Furthermore, the use of the word any before information in Section 21 of the CA Act clearly appears to be a conscious attempt by the authors of the statute to confer an ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pansive meaning upon the word and not confine or whittle it down to the rigorous and formality that may be attached to a written complaint that may be received by the ICAI. Further observed that, the expression any information as used in Section 21 of the CA Act thus appears to have been consciously employed so as to enable the ICAI to make an investigation with respect to professional conduc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of its members untrammelled by rigorous of form. Held that, ICAI is empowered to proceed suo moto and unhindered by the absence of a written complaint or allegation that may be submitted. A written complaint or allegation in writing cannot, in any manner, be understood to be a pre-requisite or a sine qua non for the initiation of action under Section 21. Opined that, the action taken by IC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AI was not based on mere newspaper reports. In fact, those reports could not have possibly and on their own constituted material at all since they did not carry any allegation against the Petitioners. Stated that, the news reports only triggered a deeper examination by the ICAI with respect to the role that had been discharged by the Joint Statutory Auditors and evaluating whether the standards ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of performance and enquiry as embodied in the various SAs had been complied with. (Author can be reached at info@a2ztaxcorp.com ) - - Scholarly articles for knowledge sharing authors experts professionals Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
