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Core Purpose

Withdraws notification removing CA. Akshay Jain from Register of Members due to Andhra Pradesh High Court order regarding appeal period.

Detailed Summary

This notification withdraws a prior notification dated January 3, 2025, which had removed CA. Akshay Jain (Membership No. 241125) from the Register of Members of the Institute of Chartered Accountants of India (ICAI) for a period of five years and one month. The initial removal was based on disciplinary findings of professional misconduct and failure to pay a fine of Rs. 5,00,000. However, the Andhra Pradesh High Court, in response to Writ Petition No. WP 30264/2024, directed ICAI not to implement the punishment order until CA. Akshay Jain is provided four weeks to file an appeal. As a result, the notification for removal is now withdrawn.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-09012025-260091 EXTRAORDINARY PART III-Section 4 PUBLISHED BY AUTHORITY No. 27] NEW DELHI, THURSDAY, JANUARY 9, 2025/PAUSHA 19, 1946 THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA (Set up by an Act of Parliament) NOTIFICATION New Delhi, the 9th January, 2025 (CHARTERED ACCOUNTANTS) No. PR/G/40/2021/DD/77/2021/DC/1577/2022.β€”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 Disciplinary Committee has held CA. Akshay Jain (Membership No. 241125), D No. 23-7-86, 2nd Floor, Shikar Darshan, Opposite Rao Bahadur Meda, GUNTUR 522003(Andhra Pradesh), guilty of Professional and Other Misconduct falling within the meaning of Item (7) of Part I of Second Schedule and Item (2) of Part IV of First 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 name of CA. Akshay Jain (Membership No. 241125) from the Register of Members for a period of 5(Five) years and also imposed a fine of Rs. 5,00,000/-(Rupees Five Lakhs only) to be paid within 90(ninety) days and in case of default in payment of fine within stipulated time his name shall be removed for a further period of 01(One) month. Since the Respondent had failed to pay the imposed fine within stipulated time, in pursuance of the aforesaid Order of the Disciplinary Committee and in exercise of the powers conferred by sub-section (2) of Section 20 of the aforesaid Act, read with Regulation 18 of the Chartered Accountants Regulations, 1988, the name of CA. Akshay Jain (Membership No. 241125), was removed from the Register of Members for a consolidated period of 05(Five) years and 01(one) month [05(Five) years plus additional 01(One) month] with effect from 3rd January, 2025. In the meantime, the Respondent approached Hon'ble High Court of Andhra Pradesh by filing writ petition no. WP 30264/2024, which was disposed off on 3rd January, 2025. While disposing off the aforesaid writ petition, the Hon'ble Court directed the ICAI not to implement the punishment Order against the Petitioner till the petitioner files the Appeal before the Appellate Authority within 04(Four) weeks. Accordingly, the notification dated 3rd January, 2025, wherein the name of CA. Akshay Jain (Membership No. 241125) was removed from the Register of Members stands withdrawn. CA. (Dr.) JAI KUMAR BATRA, Secy. [ADVT.-III/4/Exty./891/2024-25] 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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