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2003 Supreme(Ker) 139

KURIAN JOSEPH
Kamath – Appellant
Versus
Institute of Chartered Accountants – Respondent


Judgment :-

1. Art.19(1)(g) of the Constitution of India guarantees the right to freely practice any profession, or to carry on any occupation, trade or business subject to any Saw providing for reasonable restrictions in the interests of the general public. Institute of Chartered Accountants of India issued a notification specifying that a Chartered Accountant shall not accept more than the specified number of tax audit assignments referred to under S.44AB of the Income Tax Act, 1961. Does it amount to an unreasonable restriction?

2. Ext. P1 notification issued by the first respondent is under challenge. By the said notification the first respondent introduced certain restrictions restricting the number of tax audit assignments under S. ,44AB of the Income Tax Act, 1961 to 30 in a financial year in the case of an individual Chartered Accountant irrespective of the fact that he is having a proprietory concern or a firm. Under S.44AB of the Income Tax Act every person carrying on business, if his total sales turnover or gross receipts in business exceeds Rs. 40 lakhs in a year and every person carrying on the profession having gross receipts exceeding Rs. 10 lakhs in a year is liable

















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