The Institute of Chartered Accountants of India (ICAI) has said 4,445 complaints have been registered against CAs as on June 30 this year, and punishment has been awarded in 402 cases until March 2017. The CA regulator, however, said it was pushing for amendments to the norms to help expedite action against wrongdoers in the profession.
PM sought action
This development comes within a few weeks of Prime Minister Narendra Modi indicating stringent measures against those involved in money laundering — including through shell companies — following demonetisation, and asking the ICAI to hasten action against CAs “helping tax evaders.”
ICAI president Nilesh S. Vikamsey informed The Hindu that till March 2017, the ICAI had awarded punishment in 402 cases (under the old and new disciplinary mechanisms) to the erring members.
He said the action ranged from “[issuing] letter of caution to permanent removal from the ‘Register of Members’ with or without fine, depending upon the gravity of the charges established against the members.”
The ICAI is under the Corporate Affairs Ministry’s administrative control.
Addressing CAs on July 1, Mr. Modi had asked the ICAI to take action against those found advising their clients to hide the truth and emboldening tax evaders – before and, particularly after demonetisation.
While he asked the auditors to help end black money and corruption, he sought to know from the ICAI why in the last 11 years, it had taken action against just 25 erring members.
Mr. Modi had said it was worrying that there were over 1,400 cases pending against CAs for several years, and that it took years for the ICAI to take a single decision.
Mr. Vikamsey said, “there is a need for amending the concerned rules/regulations” to expedite disciplinary action against the wrongdoers, adding that the ICAI (Council) had submitted interim recommendations to a High Level Committee formed by the Corporate Affairs Ministry for strengthening the disciplinary mechanism.
He said amendments to the CA Act would require Parliamentary nod, adding that the Centre had the power to amend the Rules including the Disciplinary Rules (framed under the CA Act).
Mr. Vikamsey said that from the inception of the ‘New Disciplinary Mechanism’ in November 2006 till this June-end, as many as 3,810 cases were registered against CAs — of which the prima facie opinion of Director (Discipline) has been concluded in 2,336 cases.
He said prima facie opinions were formed by the (ICAI) Council in 635 cases which were registered prior to November, 2006 under the old disciplinary mechanism but processed later – adding up to 2,971 out of 4,445 complaints/information registered so far.
