TaxTMI 
TaxTMI 
2015 (5) TMI 657
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....ndent : Mr. Ramji Srinivasan, Sr. Adv. Mr. Pramod Dayal,Adv. Mr. Nikunj Dayal, Adv. Ms. Payal Dayal, Adv. Mr. J.S. Bakshi, Adv. Ms. Sara Sundaram, Adv. Mr. Rishabh Kapur, Adv. Mr. Yashank Adhyaru, Sr. Adv. Ms. Sushma Suri,Adv. ORDER Heard Mr. Amar Dave, learned counsel appearing for the appellant and Mr. Ramji Srinivasan, learned Senior Counsel appearing for respondent no.1. This appeal by sp....
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....ecided by this Court in a catena of decisions, finally came to the conclusion that the procedure prescribed by the unamended CA Act, 1949, that is section 21, 22 and 22A would be applicable to pending proceedings in information case and not the procedure prescribed after the amendment made by the Chartered Accountants (Amendment) Act, 2006. For better appreciation, we reproduce Section 21D of the....
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....he CA Act, 1949. Such distinction may be relevant and material as in the case of a complaint there is a complainant, a third party, who wishes to prosecute and has an interest, whereas in the case of information the action may be suo motu or information may be provided by the third party who does not want to, for various reasons, file a formal complaint; but the said distinction is not relevant fo....
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....fferently for the purpose of section 21D of the CA Act, 1949, an anomalous situation would arise, which can lead to difficulties and even challenge to the amended provisions. In a complaint case the old procedure and the punishment prescribed in First Schedule and the Second Schedule will apply, but in an information case which is still pending before the Council, the new procedure and the new (ev....