COUNCIL OF THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA Vs. SHRI D.K. AGRAWAL, FCA, M/S DINESH K. AGRAWAL & CO., CHARTERED ACCOUNTANTS

JUDGEMENT

(1.) This Reference, under section 21 (5) of Chartered Accountants Act, 1949 (hereinafter referred to as "Act, 1949"), has been received in this Court, sent by Council of Institute of Chartered Accountants of India (hereinafter referred to as "ICAI") in the matter of D.K. Agrawal, FCA of M/s Dinesh K. Agrawal and Co., Chartered Accountants, 46A, Madhav Kunj, Pratap Nagar, Agra.

(2.) Facts in brief are; an information was furnished by Sri R. Jha, Inspecting Assistant Commissioner of Income-tax, Agra (hereinafter referred to as "Complainant") stating that he (Sri D.K. Agrawal) deposited in local treasury unit of Income-tax Department, at Agra, a total sum of Rs. 2,514/, being the last digit of amount, outstanding against partners of M/s Bharat Gas Agencies and M/s United Pulverisers. He interpolated Assessee's copies of challans so as to show figures of Rs. 1,242/, Rs. 192/, Rs. 435/, Rs. 512/, Rs. 8,751/and Rs. 1,254/. He presented forged copies of challans to partners of Assessees and collected/claimed amounts allegedly paid on behalf of Assessees. This information was received by ICAI on 24.09.1978.

(3.) In accordance with provisions of Regulation 11(5) of Chartered Accountants Regulations, 1964 (hereinafter referred to as "Regulations 1964"), above information was conveyed to respondent vide ICAI letter dated 14.02.1980. He was permitted to submit written statement, if any, duly verified. Respondent submitted reply vide letter dated 18.10.1980 (Annexure B to the Reference Paper Book) denying allegations made against him. Besides others, he also stated that since First Information Report has also been lodged against him under Sections 468, 471, 120B I.P.C. at Police Station Hari Parwat, Agra, wherein he has been enlarged on bail, and since matter is sub-judice in Criminal Court, therefore, he reserves his right to submit further reply later-on.