PWC Auditor found Guilty of Professional Misconduct; Name Removed from ICAI Register for 1 Year

The Institute of Chartered Accountants of India(ICAI) in the matter of Shri Debasish Bandyopadhyay Vs. CA. Jayanta Bhattacharya suspends PwC Auditor from ICAI Register on the basis of Professional Misconduct for One Year.

That vide findings dated 15th October, 2019 under Rule 18 (17) of the Chartered Accountants (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Rules, 2007, the Disciplinary Committee was inter-alia of the opinion that CA. Jayanta Bhattacharya (M.No.017916) (hereinafter referred to as the Respondent”) was GUILTY of professional misconduct falling within the meaning of Clause (7), (8) & (9) of Part I, of the Schedule to the Chartered Accountant Act, 1949.

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 dated 16th July, 2020, 17th August, 2020 and 7th April, 2021 were addressed to him thereby granting an opportunity of being heard in person and/or to make a written representation before the Committee on 30th July, 2020, 26th August, 2020 and 19th April 2021 respectively.

The Committee noted that on 19th April, 2021, the Respondent was present through Video Conferencing mode and made his verbal representation on the said findings.

The Committee observed that the Respondent reiterated his submissions as made by him in writing on findings of the Disciplinary Committee.

The Committee has considered the reasoning as contained in findings dated 15th October, 2019 holding the Respondent Guilty of professional misconduct vis-a-vis verbal and written representations of the Respondent on the findings of the Disciplinary Committee.

The Disciplinary Committee rule out that “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 that the name of the Respondent, CA. Jayanta Bhattacharya (M.No.017916), be removed from the Register of members for a period of 1 year (one year).”

The Judgment was made by CA. Nihar N. Jambusaria and the member present was Shri Jugal Kishore Mohapatra, Ms. Rashmi Verma, CA. Anuj Goyal, CA. Durgesh Kumar Kabra.

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