ICAI Holds CA Guilty of Professional Misconduct for Gross Negligence

The Disciplinary Committee of the Institute of Chartered Accountants of India (ICAI) conducted an inquiry against CA Vinesh Jain, a partner at M/s S N Dhawan & Co LLP, following a complaint filed by Shri Ramesh Sanka. The complainant, a former high-ranking executive of a prominent real estate group, alleged that the respondent failed to exercise professional scepticism and due diligence during the audit of various group entities.

The Respondent overlooked suspicious inter-corporate deposits, failed to report the siphoning of funds, and ignored material irregularities in the recognition of revenue and related party transactions, which misled the stakeholders and regulators.

Main Issue: Whether the Respondent committed professional misconduct under Clause (7) of Part I of the Second Schedule of the Chartered Accountants Act, 1949, by being “grossly negligent” in the conduct of his professional duties and failing to perform an audit with the required level of due diligence.

Committee’s Ruling: The Disciplinary Committee held the Respondent GUILTY of Professional Misconduct. The Committee found that while the Respondent was not guilty of several specific charges, he failed significantly in Para 2.5 of the allegations). The Bench observed that the Respondent did not obtain sufficient appropriate audit evidence regarding certain material transactions and failed to challenge management representations that were visibly inconsistent with the financial reality.

The Committee ruled that such a lapse constitutes “gross negligence” as it undermines the very purpose of a statutory audit. The Respondent was held liable for failing to exercise the standard of care expected of a seasoned professional in a complex audit environment.

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