ICAI

Coaching classes advertisements not misconduct when CA abstained from practice area of chartered accountancy-Delhi High Court

Coaching classes advertisements not misconduct when CA voluntarily abstained from practice area of chartered accountancy-Delhi High Court

ABCAUS Case Law Citation:
978 2016 (07) HC
Date/Month of Judgment : July 2016

Brief Facts of the Case:
The respondent chartered accountantin this case had been held guilty of “other misconduct” within the meaning of clause (2) Part-IV of the First Schedule to the Chartered Accountants Act, 1949. The respondent chartered accountant had challenged the report of the Board of Discipline of ICAI.  During the course of  such petition, the respondent CA had given an undertaking to the Delhi High Court that he shall voluntarily not practice the profession of Chartered Accountant till the next date of hearing

The present writ had been filed alleging that the respondent chartered accountant, despite giving the undertaking as above, has issued advertisements representing himself as a Chartered Accountant thereby wilfully violating the statement given to the Court and was thus guilty of Contempt of Court.

Observations made by the Court:

  1. The advertisements showed that the respondent was running coaching classes. It was nowhere stated that the respondent was offering to render services of auditing or verification of financial transactions, books, accounts, or records or any services related to accounting procedure or recording presentation or certification of financial facts or data etc.
  2. The respondent, by the said advertisements, was merely offering coaching to aspirants of the profession of chartered accountancy.
  3. The respondent was registered as a Chartered Accountant and till he was removed from the rolls, he was entitled to use the prefix and suffix “CA”.
  4. Though Board of Discipline of Institute of Chartered Accountants of India had held the respondent guilty of “other misconduct”, the punishment was still to be awarded.
  5. The issuance of advertisements offering to take coaching classes and to impart of training to aspirants of the profession of chartered accountancy, in the above circumstances, could not be said to be carrying on the profession of chartered accountancy..

Download Full Judgment

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