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2024 Supreme(Online)(SC) 3905

SUPREME COURT OF INDIA
SHAJI POULOSE – Appellant
Versus
THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA – Respondent


Advocates:
Petitioner's Advocate: E. M. S. ANAM
Respondent's Advocate: PRAMOD DAYAL

JUDGEMENT

. Table of Contents S.No. Particulars Page No. 01 Bird’s Eye View of the Controversy 8 02 Historical Perspective 8 03 Submissions 39 04 Submissions of the Petitioners 39 05 Submission of the Respondents 55 06 Points for Consideration 64 07 Legal Framework 65 08 Discussion 86 09 Re: Point No.1: Whether the Council of the respondent- Institute, under the 1949 Act, was competent to impose, by way of Guidelines, a numerical restriction on the maximum number of tax audits that could be accepted by a Chartered Accountant, under Section 44AB of the 1961 Act, in a Financial Year by way of a Guideline? 89 10 Re: Point No. 2: Whether the restrictions imposed are unreasonable and therefore, violative of the right guaranteed to Chartered Accountants under Article 19(1)(g) of the Constitution? 95 11 Re: Point No.3: Whether the restrictions imposed are arbitrary and illegal and therefore, impermissible under Article 14 of the Constitution? 95 12 Re: Point No.4: Whether exceeding such specified number of tax audits can be deemed to be ‘professional misconduct’? 124 Conclusion 137 The petitioners herein are Chartered Accountants who have challenged the validity of Clause 6 of Guidelines

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