COMMISSIONER OF INCOME TAX-VIversusVIRTUAL SOFT SYSTEMS LTD.
2018 INSC 39924 April 2018Appeal(s) allowed
Virtual Soft Systems Ltd claimed a deduction for lease equalisation charges in its 1999-2000 income tax return. The Assessing Officer disallowed the deduction, but the Income Tax Appellate Tribunal allowed it, a decision upheld by the High Court. The Revenue appealed to the Supreme Court, questioning whether such a ded…
D.K. AGRAWALversusCOUNCIL OF THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA
2021 INSC 53523 September 2021Appeal(s) allowed
D.K. Agrawal, a chartered accountant, was alleged to have committed professional misconduct by depositing only the last digit of tax amounts and claiming full sums. The Institute of Chartered Accountants of India referred the complaint to its Disciplinary Committee, which reported that Agrawal was guilty of misconduct.…
S. SUKUMARversusTHE SECRETARY, INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA & ORS.
2018 INSC 19923 February 2018Disposed off
The petition challenged the operation of multinational accounting firms (MAFs) in India through Indian chartered accountant firms (ICAFs) that used the same brand name, alleging violations of Sections 25 and 29 of the Chartered Accountants Act, the Companies Act, FDI policy, RBI and FEMA regulations, and the ICAI Code …
INSTITUTE OF CHARTERED ACCOUNTANTSversusL.K. RATNA & OTHERS
1986 INSC 21521 October 1986Dismissed
The Institute of Chartered Accountants of India referred three members to its Disciplinary Committee for alleged professional misconduct relating to a management consultancy brochure. The Committee held a hearing, found the members guilty and reported its conclusions to the Council, which recorded a finding of guilt an…
ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTIONS)versusAHMEDABAD URBAN DEVELOPMENT AUTHORITY
2022 INSC 111219 October 2022Disposed off
The Supreme Court interpreted the proviso to Section 2(15) of the Income Tax Act, 1961, which defines 'charitable purpose' for entities advancing 'any other object of general public utility' (GPU). The Court held that a GPU charity cannot engage in trade, commerce, or business, or provide services in relation thereto, …
PUNJAB NATIONAL BANK AND ORS.versusSH. KUNJ BEHARI MISRA ETC.
1998 INSC 31119 August 1998Dismissed
Punjab National Bank (PNB) initiated disciplinary proceedings against two assistant managers, Misra and Goel, after a Rs 1 lakh shortage was discovered in a currency chest. An inquiry officer found Misra guilty of only one charge and exonerated Goel of all charges, but the bank's disciplinary authority disagreed, held …
SHAJI POULOSEversusINSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA & OTHERS
2024 INSC 45117 May 2024Disposed off
The petitioners, chartered accountants, challenged the Council of the Institute of Chartered Accountants of India's Guidelines dated 08‑08‑2008 that capped the number of tax audits a member could undertake under section 44AB of the Income Tax Act. They argued that the restriction was beyond the Council's competence, vi…
COUNCIL OF THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIAversusSHRI GURVINDER SINGH & ANR.
2018 INSC 107116 November 2018Leave Granted & Disposed off
The Council of the Institute of Chartered Accountants of India filed a complaint against Chartered Accountant Gurvinder Singh for allegedly selling 100 shares and transferring them to his own name, an act that was settled between the parties but nevertheless proceeded before the Disciplinary Committee. The Committee fo…
INSTITUTE OF CHARTERED FINANCIAL ANALYSTS OF INDIA AND ORS.versusCOUNCIL OF THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA AND ORS
2007 INSC 60616 May 2007Appeal(s) allowed
The Institute of Chartered Financial Analysts (ICFAI) offered a Chartered Financial Analyst (CFA) programme and the Council of the Institute of Chartered Accountants of India (ICAI) issued a notification stating that any Chartered Accountant (CA) who obtained the CFA qualification and did not surrender it by a prescrib…
INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIAversusM. S. RATHI
2017 INSC 60211 July 2017Dismissed
The Institute of Chartered Accountants of India (ICAI) sought reprimand of M.S. Rathi, a chartered accountant, for issuing certificates that allegedly showed the CIF value of imported raw materials instead of their actual value and for issuing such certificates without the units maintaining proper books of accounts. Th…
THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIAversusMIS PRICE WATERHOUSE AND ANR.
[1997] SUPP. 2 S.C.R. 26711 July 1997Appeal(s) allowed
The Institute of Chartered Accountants of India (the Council) issued a notice to Price Waterhouse for alleged professional misconduct in preparing a booklet for EXIM Bank. After a written statement, the Council referred the matter to its Disciplinary Committee, which reported a finding of "not guilty". The Council then…
SAHARA INDIA (FIRM), LUCKNOWversusCOMMISSIONER OF INCOME TAX, CENTRAL-I & ANR.
2008 INSC 48411 April 2008Case Partly allowed
The Supreme Court examined whether a pre‑decisional hearing must be afforded before an Assessing Officer orders a special audit under Section 142(2A) of the Income Tax Act, 1961. The Court held that, although the provision is silent, the order has civil consequences and therefore the principles of natural justice, part…
INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA AND ANOTHERversusINDER CHAND JAIN
1991 INSC 22410 September 1991Appeal(s) allowed
The Institute of Chartered Accountants of India (ICAI) and its Secretary rejected the nominations of Inder Chand Jain for election to the Council because the nominations, sent by registered post on May 17 and 18, 1991, were received after the deadline of 5 p.m. on May 21, 1991. Jain challenged the rejection before the …
PANNALAL BHANSALIversusBHARTI TELECOM LIMITED & ORS.
2026 INSC 21310 March 2026Dismissed
The Supreme Court considered an appeal by minority shareholders of Bharti Telecom Limited (BTL) who challenged the company’s reduction of share capital under s.66 of the Companies Act, 2013, alleging that the valuation and the notice were unfair and misleading. BTL had cancelled 28.4 million shares held by the appellan…
THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA & ORS.versusSHAJI POULOSE & ORS.
2020 INSC 6919 December 2020Appeal(s) allowed
The Institute of Chartered Accountants of India (ICAI) filed transfer petitions under Article 139-A(1) seeking to move nine writ petitions from the Kerala, Madras and Calcutta High Courts to the Supreme Court. The writ petitions challenge Chapter VI of ICAI's Guidelines dated 08‑08‑2008, which caps the number of tax au…
STATE OF NCT OF DELHIversusSANJAY
2014 INSC 6024 September 2014Disposed off
The Supreme Court examined whether the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) bars prosecution under the Indian Penal Code (IPC) for theft of sand and gravels from riverbeds. The Court held that offences under Section 21 of the MMDR Act (contravention of mining lease conditions) are distin…
THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIAversusVIMAL KUMAR SURANA AND ANOTHER
2010 INSC 8401 December 2010Appeal(s) allowed
Vimal Kumar Surana, who had passed the Chartered Accountant examination but was not a member of the Institute, impersonated a chartered accountant, prepared audit reports and forged the Institute's seal before tax authorities. The Institute filed a criminal complaint alleging offences under the Chartered Accountants Ac…
RAJESH KUMAR AND ORS.versusD.C.I.T. AND ORS.
2006 INSC 7801 November 2006Appeal(s) allowed
The appellants, assessees under the Income Tax Act, were subjected to a raid that uncovered two separate sets of books of accounts, prompting the Deputy Commissioner to propose a special audit under Section 142(2A). The Commissioner approved the proposal without giving the appellants any notice or opportunity to be hea…