logo
 
     
   
 

Professional Updates > miscellaneous

Professional Update
Category: miscellaneous, Posted on: 24/05/2024 , Posted By: CA SHIKHAR GARG
Visitor Count:39

Professional Update

(Miscellaneous Case laws)

Civil Writ 267/2021 (Supreme Court)

Shaji Poulose

vs

ICAI.  

Question of law.

  1. Whether the ICAI (Respondent) could imposed the restriction on the no. of tax audit u/s 44AB of the income tax act, pursued by a CA.

  1. Whether that restriction would be violative of article 19(1)(g) of the constitution.

  1. Whether a CA exceeding that restriction would amount to disciplinary action.

 

Held.

The Supreme Court held that the respondent preamble provides that for the purpose of regulating and governing the profession, the institute has a power to impose restriction. This restriction will enhance the quality of the tax audit undertaken. Therefore, the restriction is intra vires to the act.

The restriction on the no. of the tax audit is not violative of Article 19(1)(g), as the tax audit is not a right of the CA professional, it is just a privilege to do an act. This restriction will be governed by article 19(6) of the constitution that it rule made for the general public.

CA exceeding the restriction would amount to disciplinary action as the ICAI has authority to impose the restriction. This rule of limiting the 60 tax audit will be governed with effect from 01.04.2024.

(Disclaimer: The information provided by the author in the article is for general informational purposes only. All information provided is in the good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information in the article.)

CA Manoj Garg

9811275735


To Activate comments you need to provide details for google authentication and facebook authentication
 
     
39681 Times Visited