The Institute Of Chartered Accountants ... vs Shaji Poulose on 9 December, 2020
(ii) of Part II of the Second Schedule to the Act,
the council of the Institute issued a notification
bearing No.1-CA(7)/3/88 dated 13.01.1989 specifying
that a member of the Institute in practice shall be
deemed to be guilty of professional misconduct, if he
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accepts in a financial year, more than specified
number of tax audit assignments under Section 44AB of
the Income-tax Act, 1961. The specified number being
30 in a financial year, whether in respect of
corporate or non-corporate assesses. One K.
Bhagavatheeswaran, who was a practicing Chartered
Accountant, filed Writ Petition No.5925 of 1989
before the Madras High Court challenging the legality
and validity of the Notification dated 13.01.1989 and
Writ Petition No.5926 of 1989 challenging the
legality and validity of the Notification dated
25.05.1987 being violative of Article 19(1)(g) of the
Constitution. Misc. Petition No.2844 of 1989 - Prem
Chand & Ors. Vs. Institute of Chartered Accountants
of India & Anr. was filed before the High Court of
Madhya Pradesh at Jabalpur, challenging the validity
and legality of the Notification dated 13.01.1989.