Council Of The Instt. Of Chartered … vs Mahesh Kumar Gupta & Anr. on 12 August, 2016

2. With the able assistance of Sh.Rakesh Aggarwal, Advocate we
have gone through the record commencing from the complaint received
against the first respondent till the final recommendation made to this
Court by the Council Members at the meeting held on September 20 and
21, 2010 recommending penalty of reprimand, contemplated by Section
21(6)(b) of the Chartered Accountants Act, 1949 to be inflicted.
3. One S.K.Garg made a complaint on January 31, 2006 against the
respondent alleging that the complainant had engaged the services of the

CHAT A.Ref.2/2012 page 1 of 5
respondent to file his personal and his family members income tax
returns and as and when called upon to pay professional charges the
complainant used to pay the professional charges and was surprised to
receive a bill from the respondent on November 10, 2004 demanding a
sum of `3.8 lacs as professional fee for filing the returns of the
complainant for 19 years commencing from the financial year 1985-86
till the financial year 2004-05. The bill was raised @ `20,000/- per
annum. As per the complainant the bill was accompanied by a threatening
written communication which was alleged to be unethical the
communication contained a threat to initiate legal action and with a limb
informing the complainant that for the year 2004-05 the learned Assistant
Commission Income Tax desired to verify the details of the loans stated
to have been advanced by the complainant’s mother Shanti Devi. As per
the complainant the learned Assistant Commissioner of Income Tax had
not passed any order to said effect. A copy of the communication was
alleged by the complainant to have been sent to the CMD of National
Hydro Power Corporation. It was further alleged by the complainant that
the respondent solicited professional work through personal

Source: Indian Kanoon

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