CA guilty of misconduct for having COP while being in Full Time Employment

The ICAI Board of Discipline in the matter of CA. Abhay Batra has held CA guilty of misconduct for having COP while being in Full Time Employment.

An action under Section 21A (3) of the Chartered Accountants Act, 1949 was contemplated against CA. Abhay Batra and communication dated 1st March 2023 was addressed to him thereby granting him an opportunity of being heard in person and/or to make written representation before the Board on 17th March 2023.

The Board has carefully gone through the facts of the case alongwith the oral representation of CA. Abhay Batra.

As per the Findings of the Board as contained in its report, it is evident that from 1st September 2011 to 1st October 2016 the Respondent held the Certificate of Practice while being in full time employment. Although, there is no evidence to indicate that he derived any monetary benefit out of holding the said Certificate of Practice while being in full time employment and with a slight alertness, he could have informed to the Institute about his employment and might have retained his Certificate of Practice with part time status, however, the fact remains that holding the Certificate of Practice while being in full time employment is a violation of the provisions of Regulation 190A of the Chartered Accountant Regulations, 1988 on the part of Respondent. Accordingly, CA. Abhay Batra was held Guilty of Professional Misconduct falling within the meaning of Item (11) of Part I of the First Schedule to the Chartered Accountants Act, 1949.

Thus, upon consideration of the facts of the case, the consequent misconduct of CA. Abhay Batra and keeping in view his oral representation before it, the Board decided to Reprimand CA. Abhay Batra (M.No.520590).

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