HC remanded a disciplinary matter back to the Appellate ...

Chartered Accountant Gets Fresh Hearing to Contest 'Other Misconduct' Finding Under Section 22 for Dishonored Cheques

February 7, 2025

Case Laws Indian Laws HC

HC remanded a disciplinary matter back to the Appellate Authority concerning a chartered accountant accused of 'other misconduct' under the Chartered Accountants Act, 1949 for dishonored cheques. While the appellant initially failed to contest the Board of Discipline's findings during the original hearing, the Court determined that given the significant professional implications, procedural fairness required granting him an opportunity to challenge the misconduct findings on merits. The Court noted that whether dishonored cheques constitute 'other misconduct' requires case-specific analysis of context and circumstances. The matter was remanded for reconsideration of both original and supplementary appeals within four weeks, as the BoD's guilty verdict appeared to inadequately consider the appellant's explanation regarding loan repayment.

View Source

← Previous Next →

HC remanded a disciplinary matter back to the Appellate ...

Chartered Accountant Gets Fresh Hearing to Contest 'Other Misconduct' Finding Under Section 22 for Dishonored Cheques

February 7, 2025

Case Laws Indian Laws HC

You may also like:

Jurisdiction - Constitutional Validity of Rule 9(3)(b) of the Chartered Accountants’ (Procedure of Investigation of Professional and Other Misconduct and Conduct of...

Misconduct of Chartered Accountant - A Chartered Accountant is a person, who holds an office of confidence and not only his client, but even in Department in which...

The High Court held that the Institute of Chartered Accountants of India (ICAI) is empowered to take disciplinary action against Chartered Accountant firms for...

Refund claim - SAD - importer appointed a new Chartered Accountant, who becomes their regular Chartered Accountant and cannot be considered as a onetime independent...

Professional misconduct - Role of NFRA V/s ICAI on disciplinary matters of Chartered Accountants -Retrospective V/s prospective applicability of provisions as contained...

Guilty of professional misconduct on the part of Chartered Accountant - the petitioner had made all efforts to dissuade other Chartered Accountants from taking up the...

Professional misconduct - While selling the shares held by him the respondent was not acting as a Chartered Accountant. He was not discharging any function in relation...

The Supreme Court examined the validity of a guideline issued by the Institute of Chartered Accountants of India (ICAI) imposing a numerical restriction on the maximum...

Money Laundering - Onus on Chartered Accountant (CA) for giving certificate - Even on a demurrer, on a perusal of Form 15CB, we find that a Chartered Accountant is...

Rebate of service tax paid - There is no bar by a professional Chartered Accountant (CA) in giving business consultancy for the purpose of export. Further, the...

Validity of Guidelines issued by the Institute of Chartered Accountants of India (ICAI) - specified number (Cap) of tax audit assignments - The guidelines which are...

Guideline Issued by The Institute of Chartered Accountants of India - Notification

Penalty u/s.271(1)(c) - undisclosed investment - The assessee cannot shift his responsibility to its Chartered Accountant. Further the assessee stated it was ill advised...

New President and Vice-President of the Institute of Chartered Accountants of India

Professional Misconduct - Acceptance of audit engagement disregarding Independence requirements - Tampering of Audit File and related lapses-SA 230, Audit Documentation...

Quick Updates: