CA Finds Guilty of Professional Misconducts for Issuing Form 15CB without Verifying the Documents

The Institute of Chartered Accountants of India (ICAI) in the matter of Shri V. Srivijay, DDIT v/s CA. Praveen Kumar Jha found the Chartered Accountant guilty of professional misconduct.

hat vide findings under Rule 18 (17) of the Chartered Accountants (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Rules, 2007 dated 29.01.2021, the Disciplinary Committee was inter-alia of the opinion that CA. Praveen. Kumar Jha (M No. 301167) (hereinafter referred to as the Respondent”) was GUILTY of professional misconduct falling within the meaning of Clauses (7), (8) and (9) of Part I of the Second Schedule to the Chartered Accountant Act 1949.

2. That pursuant to the said findings, an action under Section 21B(3) of the Chartered Accountants (Amendment) Act, 2006 was contemplated against the Respondent and communications were addressed to him thereby granting an opportunity of being heard in person and/or to make a written representation before the Committee on 8th October, 2021.

3, The Committee noted that on 8th October 2021, the Respondent was present through Video Conferencing mode The Respondent confirmed receipt of the findings of the Disciplinary Committee. The Respondent made his verbal submissions on the findings of the Disciplinary Committee stating that certificates were signed by him based on invoices provided to him but failed to provide the proof of authenticity of such invoices. The Respondent assured the Committee that such mistake will not be happen again.

4. The Committee has considered the reasoning as contained in findings dated 29th January, 2021 holding the Respondent Guilty of professional misconduct vis-a-vis verbal representations of the Respondent on the findings of the Disciplinary Committee.

5. Keeping in view the facts and circumstances of the case, material on record and representations of the Respondent made before it, the Committee is of the view that the professional misconduct on the part of the Respondent is established and ends of justice can be met if reasonable punishment is given to him. Accordingly, the Committee ordered to impose a fine of Rs.1,00,000/- (Rupees One lakh only) upon the Respondent i.e., CA. Praveen Kumar Jha (M.No.301167) to be paid within 3 month of receipt of the order. If the Respondent fails to pay the fine within 3 months, his name to be removed from the Register of Member for a period of One (1) month.

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