CA CS CMA

Misconduct by CA who surrendered COP-Supreme Court dismisses ICAI appeal. Practicing CA holding COP would be liable for punishment if misconduct is proved

Misconduct by CA who surrendered COP-Supreme Court dismisses ICAI appeal. Practicing CA holding COP would be liable for punishment if misconduct is proved.

ABCAUS Case Law Citation:
ABCAUS 1147 (2017) (02) SC

Brief Facts of the Case:
The Hon’ble Madhya Pradesh High Court in 2007 had held that a chartered accountant who had ceased to be a member of the Institute of Charterd Accountants of India (ICAI) by surrendering his certificate and would not be liable for the punishment for misconduct.

ICAI has preferred a Civil Appeal before the Hon’ble Supreme Court challenging the order of the Hon’ble High Court.

The Hon’ble Apex Court on the question as to whether a practicing Chartered Accountant while he holds the certificate of practice issued by the Institute of Chartered Accountants of India would be liable for punishment for any misconduct committed during the existence of certificate, opined that if the misconduct is proved, such CA would be liable for appropriate punishment.

However, their Lordships dismissed the appeal observing that in the facts of this case, they were not inclined to interfere with the impugned judgment of the High Court.

However, the Hon’ble Supreme Court made it clear that the dismissal of this Appeal shall not be treated as a precedent.

Download Full Judgment

Related Update:
Implication of dismissal of SLP by Supreme Court by Non Speaking Order Click Here >>

Share

Recent Posts

  • Empanelment

FDCM invites application for empanelment of practising CAs/ Chartered Accountant Firms

Invitation For Empanelment Of Practising Chartered Accountants / Chartered Accountant Firms Forest Development Corporation of Maharashtra Limited (FDCM Limited), Nagpur,…

2 days ago
  • Empanelment

PGRI invites application for CAs for empanelment for Circulation Verification work

Press Registrar General of India (PGRI) invites application for empanelment of Chartered Accountants. The Press Registrar General of India manages…

2 days ago
  • Income Tax

CBDT notifies revised Form for registration as valuer & authorised income tax practitioner

CBDT notifies revised Form No. 169 for making application for registration as a valuer under section 514 and authorised income…

2 days ago
  • Income Tax

Curtailing time to file reply to notice u/s 148A(b) from 30 days prejudiced assessee’s right – HC

Curtailing time to file reply to notice u/s 148A(b) from statutorily available 30 days to 15 days seriously prejudiced assessee’s…

3 days ago
  • Income Tax

For registration u/s 12AB, applicability of proviso to section 2(15) can’t be adjudicated

At the stage of registration u/s 12AB, the CIT(E) not empowered to adjudicate applicability of provisio to section 2(15) of…

4 days ago
  • Income Tax

Flower bed area not included in “built up area” to calculate eligible limit u/s 80IB(10)

Flower bed area could not be included in the definition of “built up area” to calculate eligible limit of 1000…

5 days ago