Admissions and corroborating evidence sustain misconduct finding for bogus bills and accommodation entries, with punishment left undisturbed.

A professional member who admits arranging bogus bills and accommodation entries for commission may be found guilty of professional and other misconduct when those admissions are corroborated by the complaint, prima facie opinion, and disciplinary record. The objection that there was no proper opportunity or that documents were not produced failed because no new evidence or credible rebuttal was offered, and the admissions were not promptly retracted. On that basis, the disciplinary finding was upheld and the punishment imposed by the Board of Discipline was not interfered with.

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Issues: Whether the appellant was rightly found guilty of professional and other misconduct for arranging bogus bills and accommodation entries and charging commission therefor, and whether the punishment imposed required interference.

Analysis: The record showed repeated admissions by the appellant before the income-tax authorities and before the disciplinary forum that he arranged bills through dummy concerns, used his office computer and cheque books of the concerns, and charged commission on the transactions. The complaint, the prima facie opinion, and the appellate record all supported the finding that the appellant facilitated accommodation entries and bogus billing for commission. The objection based on want of opportunity and non-production of documents did not survive because no new evidence or credible rebuttal was produced, and the appellant had not retracted the admissions for a long period. The disciplinary finding was therefore based on the appellant's own statements and the corroborating material on record.

Conclusion: The finding of professional and other misconduct was upheld, and the punishment imposed by the Board of Discipline was not interfered with.

Ratio Decidendi: A member of the Institute who admits arranging bogus bills and accommodation entries for commission can be held guilty of professional and other misconduct on the basis of such admissions and corroborating material, and the disciplinary punishment will not be disturbed absent a convincing rebuttal.

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