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december 2020

Supreme Court of India · 2020-12-09

THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA vs SHAJI POULOSE

Citation / case number
SC 2019/40808
Court
Supreme Court of India
Petitioner
THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA
Respondent
SHAJI POULOSE
Author
HON'BLE MR. JUSTICE ASHOK BHUSHAN
Bench
HON'BLE MR. JUSTICE ASHOK BHUSHAN, HON'BLE MR. JUSTICE R. SUBHASH REDDY, HON'BLE MR. JUSTICE M.R. SHAH

Judgment text excerpt

The Supreme Court addressed the transfer petitions filed by the Institute of Chartered Accountants of India under Article 139-A(1) of the Constitution, seeking to consolidate several writ petitions challenging the validity of Chapter VI of Guidelines No.1-CA(7)/02/2008, which limits the number of tax audit assignments per financial year. The Court held that the transfer of these petitions is justified to avoid multiplicity of proceedings and to settle a question of law of general public importance, emphasizing the need for a comprehensive determination of the issues involved. The Court noted that the guidelines potentially infringe upon Articles 14 and 19(1)(g) of the Constitution, which protect the rights of individuals in their professional conduct.

THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA vs SHAJI POULOSE · Niyam