The Director (Discipline) of The Institute of Chartered Accountants of India had received the matters in respect of cases of alleged misconduct…

CA Final · Advanced Auditing, Assurance and Professional Ethics · MTP · January 2026
The Director (Discipline) of The Institute of Chartered Accountants of India had received the matters in respect of cases of alleged misconduct against CA K, the proprietor of M/s KM & Co, Chartered Accountants and was found guilty of professional misconduct under Clause (6) of Part I of the Second Schedule of the Chartered Accountants Act, 1949 and Clause (4) of Part I of the First Schedule of the Chartered Accountants Act, and penalty was imposed by an order passed against him dated 19th June, 2025. Against the said order, CA K preferred an appeal with the Appellate Authority on 9th August, 2025 by submitting the statement of appeal along with application form of appeal. During such appellate proceedings, it was discovered that the said statement of appeal contained some facts which were false to which CA K admitted it to be false and apologized for it. Based on the above stated scenario of the matters placed before The Director (Discipline) of ICAI against CA K, you are required to answer the following: (i) Comment on violation of provisions of the Chartered Accountants Act, 1949 and its schedules thereto by CA K. (ii) Before which authority, the matters of CA K would have been placed and what maximum punishment could have been imposed on him by the said authority in accordance with the Chartered Accountants Act, 1949? (iii) Has CA K filed an appeal with the Appellate authority against the order within the time limit prescribed under the said Act?

Suggested Answer and Working Notes:

(i) As per Clause (3) of Part II of the Second Schedule to the Chartered Accountants Act, 1949, a member of the Institute, whether in practice or not, shall be deemed to be guilty of professional misconduct if he includes in any information, statement, return or form to be submitted to the Institute, Council or any of its committees, Director (Discipline), Board of Discipline, Disciplinary Committee, Quality Review Board or the Appellate Authority any particulars knowing them to be false. In the instant case, CA K preferred an appeal with the Appellate Authority on 09th August, 2025 by submitting the statement of appeal along with application form for the same. However, it was discovered that the said statement of appeal contained some facts which were false, and CA K admitted it to be false. Therefore, CA K would be held guilty of professional misconduct under Clause (3) of Part II of the Second Schedule to the Chartered Accountants Act, 1949. (ii) In case where CA K was found guilty of professional misconduct under Clause (6) of Part I of the Second Schedule and Clause (4) of Part I of the First Schedule of the Chartered Accountants Act, 1949: the matter would have been placed before Disciplinary Committee as it's allied to both the Schedule because as per the Chartered Accountant Act, 1949 if the matter is allied to the Second Schedule or Both it is referred to the Disciplinary Committee. The maximum punishment that the Disciplinary Committee could have imposed would be: (I) Reprimand the member (II) Remove the name of the member from the Register permanently or for such period as it may think fit. (III) Impose such a fine which may extend to rupees five lakhs. (iii) Timeline for Filing an Appeal: Any member aggrieved by an order of the Board of Discipline or the Disciplinary Committee can prefer an appeal within 90 days from the date of order. In the given case, CA K has preferred an appeal with the appellate authority on 9th August, 2025 against the order passed on 19th June 2025. From 19th June to 9th August, 90 days' timeline has not been lapsed. Thus, it can be said that CA K has filed an appeal within the time limit prescribed under the said Act.

Topics: Professional Ethics & Liabilities of Auditors

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