Law:

Section:

Section 184 of the Income-tax Act, 1961, read with Article 226 of the Constitution of India - Firm - Assessed as such - Assessment year 2002-03 - Petitioner's firm, which constituted of six partners, stood dissolved on basis of a notice - Consequently, Chartered Accountants of said firm filed income-tax return along with a copy of partnership deed in two parts, one return having six partners and another return having three partners - Petitioner filed a rejoinder that though change in partnership was contended yet a copy of dissolution deed was not submitted and copy of partnership deed annexed to return was not certified by all partners - However, Assessing Officer completed assessment and levied interest under sections 234B and 234C upon petitioner - Thereafter, petitioner filed a complaint with Institute of Chartered Accountants of India on ground that Chartered Accountants committed blatant misconduct with respect to income-tax proceedings while preparing return by ignoring section 184 and he also pleaded that partnership was illegally dissolved by some of partners - However, Institute of Chartered Accountants rejected said complaint - Whether while filing returns, Chartered Accountants were neither to determine nor adjudicate whether partnership firm was dissolved in accordance with provisions of Indian Partnership Act, 1932 and whether new partnership was duly constituted, and, therefore, on account of plea of alleged illegal dissolution by some of partners, no blatant misconduct could be attributed and imputed against Chartered Accountants nor it could be inferred that they failed to discharge their duties and were negligent - Held, yes - Whether therefore, Institute of Chartered Accountants of India rightly held that Chartered Accountants were not guilty of any professional or any other misconduct - Held, yes S.K. Taneja, Puneet Taneja and T.K. Tiwari for the Petitioner. Rakesh Aggarwal and R.D. Jolly for the Respondent. ORDER C.M. No. 11433/2006 Allowed, subject to all just exceptions. W.P. (C). No. 14558/2006 & C.M. No. 11432/2006 1. The petitioner has impugned the order dated 18-5-2005 of the Institute of Chartered Accountants of India whereby on…

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