Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Chartered Accountants Transfer Petition |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Transfer Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Transfer Petition – Constitution of India – Art. 139-A(1) –Supreme Court Rules, 2013 – Or. XL, Rule 1 – In the writ petitions,which are sought to be transferred, writ petitioners have challengedvalidity of chapter-VI of guidelines No. 1-CA(7)/02/2008 dated08.08.2008 issued by the Council of petitioner Institute on theground that the same is violative of Art. 19(1)(g) of the Constitution– The said chapter VI of the guidelines dated 08.08.2008 stipulatesthat a member of the Institute in practice shall not accept, in afinancial year, more than “specified number of tax auditassignments”, which is at present 60 u/s. 44 AB of the Income TaxAct, 1961 – Several writ petitions regarding the same were pendingin the Kerala High Court, Madras High Court and Calcutta HighCourt – The Institute of Chartered Accountants of India being theregulatory body for the profession of Chartered Accountants hasfiled the present transfer petitions for transfer of all the aforesaidwrit petitions to the Supreme Court for final and conclusivedetermination of the issues involved – Held: The guidelines whichare impugned in the High Court and the consequent disciplinaryproceedings initiated against various Chartered Accountantsthroughout the country is an issue of public importance affectingChartered Accountants as well as the citizens who have to obtaincompulsory tax audits – To settle the law and to clear the uncertainityamong tax professionals and citizens, it is appropriate that theSupreme Court may transfer the writ petition, to authoritativelypronounce the law on the subject – However, the interim ordersoperating in different writ petitions which are sought to betransferred should be allowed to be continued till the Supreme Courtconsiders the matter and passes any other order – In result, TransferPetitions are allowed. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2020 INSC 691 |
Petitioner | The Institute Of Chartered Accountants Of India & Ors. |
Respondent | Shaji Poulose & Ors. |
SCR | [2020] 9 S.C.R. 851 |
Judgement Date | 2020-12-09 |
Case Number | 2849 |
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