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TMI Blog2021 (4) TMI 318X X X X Extracts X X X X X X X X Extracts X X X X ..... D.S., Adv. Ms. Surbhi Mehta, AOR Mr. Tapesh Kumar Singh, AOR Mr. Aditya Pratap Singh, Adv. Ms. Bhaswati Singh, Adv. J U D G M E N T ASHOK BHUSHAN, J. These transfer petitions have been filed by the Institute of Chartered Accountants of India under Article 139-A(1) of the Constitution of India read with Order XL Rule 1 of the Supreme Court Rules, 2013 for transfer of several writ petitions pending in the Kerala High Court, Madras High Court and Calcutta High Court. 2. Notices were issued in the transfer petitions. A counter affidavit has also been filed by one of the respondents, i.e., respondent No.1. 3. We have heard Shri Arvind Datar, learned senior counsel for the petitioners and Shri R. Basant, learned senior counsel and other coun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which is a question of law of general public importance, the Institute of Chartered Accountants of India being the regulatory body for the profession of Chartered Accountants has filed the present transfer petitions for transfer of all the aforesaid writ petitions to this Court for final and conclusive determination of the issues involved. 6. Shri R. Basant, learned senior counsel appearing for the respondent and other counsels have submitted that there is no good reason for transfer of the writ petitions pending in the different High Courts. it is submitted that the only reason of transfer of the writ petitions is convenience of the petitioners, whereas the constitutional protection and right availed by the writ petitioners under Article ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e into force w.e.f. 01.04.1985. Section 44AB provides that every person carrying on business, if his total sales, turnover or gross receipts exceed Rs. 1 crore, and every person carrying on a profession, if his gross receipts exceed Rs. 50 lakhs, in any previous year, is required to get his accounts of such previous year audited by a Chartered Accountant, and obtain before the specified date, a report of the audit in the prescribed form duly signed and verified by such Chartered Accountant. The said provisions are popularly called "compulsory tax audits". The said Section 44AB had been enacted to prevent evasion of taxes, plug loopholes enabling tax avoidance and also facilitate tax administration, which would ensure that the economic syste ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of India being Transfer Petition Nos. 614-615 of 1990, which were rejected by this Court on 03.04.1991 observing that the concerned High Courts may dispose of the writ petitions at an early date. A Writ Petition No.2085 of 1993 - Prakash Mehta Vs. ICAI where validity and legality of the Notification dated 13.01.1989 was challenged, was dismissed on 16.05.2005. Madhya Pradesh High Court vide its judgments dated 18.04.1995 in Writ Petition No.2844 of 1989 had held that the Notification dated 13.01.1989 does not take away the right of a Chartered Accountant to carry on profession, against which judgment, a Special Leave Petition No.21988 of 1995 was filed, in which leave was granted but Civil Appeal was dismissed as withdrawn by order dated 04 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ature of Kerala at Ernakulam; (2) W.P. (C) No.12963/2017 titled as 'T.R. Mohan Das vs. The Institute of Chartered Accountants of India & Ors.' pending before the Hon'ble High Court of Judicature of Kerala at Ernakulam; (3) W.P. (C) No.19026/2017 titled as 'E. Hrishikesan vs. The Institute of Chartered Accountants of India & Ors.' pending before the Hon'ble High Court of Judicature of Kerala at Ernakulam; (4) W.P. Nos.17956 to 17958/2017 titled as 'Mr. R. Murlidharan vs. The Comptroller & Auditor General of India & Ors.' pending before the Hon'ble High Court of Judicature at Madras; (5) W.P. NO.22771/2017 titled as 'Radha Kanta Das vs. The Institute of Chartered Accountants of India & Ors.' pen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t in Institute of Chartered Accountants of India versus Southern Petrochemical Industries Corporation Limited and another, (2007) 15 SCC 649, in which case the Transfer petition was filed in this Court by the Institute of Chartered Accountants of India for transferring writ petitions filed in different High Courts challenging Constitutional validity of paragraph 33 of Accounting Standard 22 framed by Institute of Chartered Accountant of India. This Court allowed the Transfer petition and directed all the writ petitions to be heard by Calcutta High Court. Learned counsel for the respondent submits that this Court may consider transferring all the writ petitions to any one High Court in the present matter also. 15. The fact that this Court o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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