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Core Purpose

Notification by the Institute of Chartered Accountants of India removing CA. Divakara Shetty from the Register of Members for three months and imposing a fine for professional misconduct, pursuant to an Appellate Authority order reducing the original penalty.

Detailed Summary

The Institute of Chartered Accountants of India (ICAI), New Delhi, vide notification No. PR/72/13-DD/263/14/DC/565/2017 dated 1st December 2023, recorded that its Disciplinary Committee, acting under Section 21B(3) of the Chartered Accountants Act, 1949 read with Rule 18(17) of the Chartered Accountants (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Rules, 2007, had held CA. Divakara Shetty (Membership No. 100306), of Andheri (West), Mumbai, Maharashtra, guilty of Professional Misconduct under Item (7) of Part I of the Second Schedule to the Act, and, after a hearing under Rule 19(1), ordered removal of his name from the Register of Members for six months plus a fine of Rs. 1,00,000; on appeal under Section 22G of the Act (Appeal No. 07/ICAI/2023), the Appellate Authority, by order dated 20th October 2023, modified the removal period to three months while retaining the Rs. 1,00,000 fine; accordingly, in exercise of powers under sub-section (2) of Section 20 of the Act, ICAI notified under Regulation 18 of the Chartered Accountants Regulations, 1988 that CA. Divakara Shetty's name shall stand removed from the Register of Members for three months with effect from 1st December 2023; the notification was signed by CA. (Dr.) Jai Kumar Batra, Secretary.

Full Text

EXTRAORDINARY PART III—Section 4 PUBLISHED BY AUTHORITY No. 790] NEW DELHI, FRIDAY , DEC EMBER 1, 2023/ AGRAHAYANA 10, 1945 CG-DL-E-02122023-250382 THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA, NEW DELHI (Set up by an Act of Parliament) NOTIFICATION New Delhi, the 1st December , 2023 (CHARTERED ACCOUNTANTS) No. PR/72/13 -DD/263/14/D C/565/2017 .—In terms of the provisions of Section 21B(3) of the Chartered Accountants Act, 1949 read with Rule 18(17 ) of the Chartered Accountants (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Rules, 2007, the Disc iplinary Committee has held CA. Divakara Shetty (Membership No. 100306), Arjun, Plot No. 6 A, Kalyangram Society, V P Road, Andheri(West), MUMBAI(Maharashtra) 400 058, guilty of Professional Misconduct falling within the meaning of Item (7) of Part I of Second Schedule to the aforesaid Act and consequently after affording an opportunity of being heard in terms of Rule 19(1) of the aforesaid Rules, ordered for removal of the name of CA. Divakara Shetty (Membership No. 100306) from the Register of Members fo r a period of 06(Six) months and also imposed a fine of Rs. 1,00,000/ -(Rupees One Lakh only). Aggrieved by Order of the Committee, the Respondent preferred an Appeal in terms of Section 22G of the Chartered Accountants Act, 1949 and the Appellate Authority in appeal no. 07/ICAI/2023 vide its order dated 20th October, 2023 has modified the period of removal of name from 06(Six) months to 03(Three) months alongwith a fine of Rs. 1,00,000/ -(Rupees One Lakh only). Accordingly, in pursuance of the aforesaid Orde r of the Appellate Authority and in exercise of the powers conferred by sub -section (2) of Section 20 of the aforesa id Act, it is hereby notified under Regulation 18 of the Chartered Accountants Regulations 1988, that the name of said CA. Divakara Shetty ( Membership No. 100306) shall stand removed from the Register of Members for a period of 03(Three) months with effect from 1st December, 2023. CA. (Dr. ) JAI KUMAR BATRA , Sec y. [ADVT. -III/4/Exty./ 572/2023 -24] Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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