# In the matter of Council of the Institute of Chartered Accountants of India Vs. Shri Gurvinder Singh & Anr. Civil Appeal No. 11034-2018

> SC judgment dated 2018-11-16. Citation: TCN-2018-SC-00006. The appeal arises from a complaint dated 16.03.2005 against Gurvinder Singh, Respondent No.1, a…

- **Court:** SC
- **Order date:** 16 Nov 2018
- **Citation:** TCN-2018-SC-00006
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/council-of-the-institute-of-chartered-accountants-of-india-vs-shri-gurvinder-sin-9e0b9afa

## Summary

### Background

The appeal arises from a complaint dated 16.03.2005 against Gurvinder Singh, Respondent No.1, a Chartered Accountant, relating to the sale of 100 shares in 1999, which were transferred to the Chartered Accountant's own name. The Disciplinary Committee found the Respondent No.1-Chartered Accountant's conduct derogatory and unbecoming, holding him guilty of 'other Misconduct' under Section 22 read with Section 21 of the Chartered Accountants Act, 1949. The Council of the Institute of Chartered Accountants of India recommended to the High Court to remove the Chartered Accountant for six months. The High Court, in its judgment dated 16.08.2016, concluded that the respondent was acting as an individual in his dealings and not as a Chartered Accountant.

## Facts

A complaint was filed on 16.03.2005 against Gurvinder Singh, a Chartered Accountant, concerning the sale of 100 shares in 1999. These shares were transferred to the Chartered Accountant's name. The Disciplinary Committee determined that Gurvinder Singh's conduct was derogatory and unbecoming, constituting 'other Misconduct' under Section 22 read with Section 21 of the Chartered Accountants Act, 1949. The Council of the Institute of Chartered Accountants of India recommended that the High Court remove Gurvinder Singh from the rolls for six months. The High Court, in its judgment dated 16.08.2016, concluded that Gurvinder Singh was acting as an individual in his dealings and not in his capacity as a Chartered Accountant. The Supreme Court disagreed with the High Court's

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## Issues and analysis

### Issue 1: Whether the High Court correctly appreciated Section …

**Ratio:** The ratio is that the High Court must correctly interpret and apply the relevant

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**Reasoning:** The Supreme Court reasoned that the High Court's judgment was incorrect, implying that

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**Interpretation:** Section 21(3) of the Chartered Accountants Act, 1949, outlines the procedure

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**Application:** The Supreme Court applied this ratio by determining that the High Court's

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## Parties

- **Judges:** ROHINTON FALI…; NAVIN S…
- **Appellants:** COUNCIL OF THE…
- **Respondents:** GURVINDER…

## Timeline

- **2005-03-16 — Complaint…**: A complaint was filed against Gurvinder Singh, a Chartered Accountant, regarding the sale…
- **2016-08-16 — High Court J…**: The High Court delivered a judgment concluding that the respondent was acting as an…

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