CA found guilty of Professional misconduct for using Facebook for advertising Professional Services

The Institute of Chartered Accountants of India(ICAI) in the matter of CA Pankaj Arora, found the Chartered Accountant guilty of Professional misconduct for using Facebook for advertising Professional Services.

The Board of Discipline vide report dated 11th February, 2021 held that CA. Pankaj Arora (M. No. 520003) is Guilty of Professional Misconduct falling within the meaning of Item (7) of Part I of First Schedule to the Chartered Accountants Act, 1949.

An action under Section 21A (3) of the Chartered Accountants Act, 1949 was contemplated against CA. Pankaj Arora and communication dated 3rd February, 2022 was addressed to him thereby granting him an opportunity of being heard in person and/or to make written representation before the Board on 9th February, 2022.

CA. Pankaj Arora appeared before the Board on 9th February, 2022 through video conferencing and made his oral representation thereat CA. Pankaj Arora reiterated his earlier submissions and further stated that the use of said picture on the Facebook was only for information of his friends and no gain was derived by him by use of said picture.

The Board has carefully gone through the facts of the case and also the oral representation of CA. Pankaj Arora.

As per the Findings of the Board as contained in its report with the respect to the charge against CA. Pankaj Arora that he advertised his professional attainments/services on a sign board pointing a direction to his office and used the words “INCOME TAX & GST CONSULTANT”  the Board was of the view that the members are not allowed to use the term ‘Income Tax Consultant’ on professional documents which was apparent on the picture alleged to contain the Sign board of Respondent with his presence and the same clearly depicts the misconduct on the part of the Respondent  with his presence and the same clearly depicts the misconduct on the part of the Respondent. The Board was also of the view that a social media platform i.e. Facebook was used for advertising attainments/ services which has wide exposure and it is not germane as to who whether Respondent or someone else had posted the same on his post as the Respondent’s name was clearly used in the same. thus it has already been held that CA. Pankaj Arora is Guilty of Professional Misconduct falling within the meaning of Item (7) of Part I of the First Schedule to the Chartered Accountants Act, 1949.

Upon consideration of the facts of the case, the consequent misconduct of CA. Pankaj Arora (M. No. 520003) and keeping in view his oral representation before it, the Board decided to Reprimand CA. Pankaj Arora (M. No. 520003).

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