The High Court considered a case involving professional ...

Professional misconduct u/s Clause (7) of Chartered Accountants Act - Appellate Authority's decision upheld, no violation found.

Case Laws     Indian Laws

June 5, 2024

The High Court considered a case involving professional misconduct u/s Clause (7) of the Chartered Accountants Act. The issue was the validity of the Appellate Authority's decision to overturn the Disciplinary Committee's findings. The Court clarified that it does not act as an Appellate Authority u/r Article 226 of the Constitution. The Court applied the law from a Supreme Court case and found no specific violations by Respondent No. 1. The Court held that the omission regarding the net worth certificate being based on a provisional balance sheet did not constitute misconduct. The Appellate Authority's decision was upheld, stating that the omission was technical and did not warrant removal of the name from the Register. The Court declined to interfere, directing Respondent No. 1 to be more cautious in the future. The petition was dismissed as the Appellate Authority's decision was not deemed perverse.

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