A chartered accountant faked a bank official's car-sale papers. A resulting loan came back to the official in cash.
A CBI probe into a bad bank loan found that a Kolkata chartered accountant fabricated a car's sale papers for a bank official and helped route the loan back to him in cash. He was reprimanded.
- Held
- ReprimandGuilty of professional misconduct
- Forum
- Board of Discipline (First Schedule)
- Clauses
- Item (2) of Part IV of the First Schedule
- Decided
- punished
- File no.
- PR/G/121/19-DD/238/2019-BOD/613/2022
- Source
- Original order (PDF)
A Kolkata chartered accountant was on close enough terms with a dealer in secondhand cars to have paperwork made to order. A bank official who wanted a loan against a car he already owned came to him for help arranging it.1
What happened#
Two facts, neither of them part of the sequence above, did most of the work.
The first was an email address. The dealer firm's own records showed its email as the accountant's personal address — a fact nobody in the case disputed (para 6.3). Whatever else was contested, that link was not.
The second was an admission. Asked at the hearing about forwarding bill documents to the dealer, the accountant conceded the point rather than deny it:
the version of the Respondent that he has e-mailed bills to Shri Anil Agrawal shows his connivance in this whole episode which the Respondent has also accepted during the hearing before this Board that by mistake he has done so (para 6.6)
The charge#
Item (2) of Part IV of the First Schedule catches conduct that has nothing to do with a chartered accountant's engagements at all — anything that, in the Institute's view, brings disrepute to the profession, whether or not it arose from professional work.2 It is read with section 22 of the Act, which defines what counts as misconduct in the first place.
There was no client relationship here, no audit, no engagement letter — the clause did not need one. The Board found the accountant guilty and reprimanded him.
What the respondent said#
The transaction was more than a decade old by the time it reached the Board, well past the seven-year window Rule 12 ordinarily allows, and he said this made it hard for him to gather any documentary evidence of his own (para 5.1).
The case against him, he argued, rested entirely on statements from people he never got to cross-examine — and those statements did not even agree with each other. The dealer's own partners gave conflicting accounts of who ran the firm day to day, who could sign its cheques, and whether the associate who dealt with the accountant was ever a partner in it at all (para 5.2).
On the documents themselves, his account was that he was a conduit rather than an author. He said he received the car's papers by email from the bank official's side on 7 March 2012 and, after repeated follow-up, forwarded them to the dealer's associate on 27 March 2012 — and that the bill later used to secure the loan was dated 20 August 2011, an entirely different document from the undated one he had passed on (para 5.3). He also argued that a company director's statement about handling cash for the deal could not be relied on, since that director had been appointed only eighteen months after the payment was supposed to have happened (para 5.2).
On all of it, he submitted that he had no connection to the transaction and asked the Board to quash the charge (para 5.3).
What the Board held#
The Board did not need to resolve every contradiction among the dealer's partners to reach a conclusion. It anchored its finding in what nobody was contesting: the accountant's own statement to the CBI showed he knew the parties and the transaction, the dealer's records carried his personal email address, and he had accepted at the hearing that he had sent the disputed bills (para 6.6). From the accountant's own account and the associate's, the Board found he had played a central role in getting the loan amount routed back to the bank official:
keeping in view, the submissions made and the documents on record, the Respondent is held 'Guilty' of the charge that he in connivance with one Shri Anil Agarwal of M/s First Drive (a dealer of second-hand vehicles) of Kolkata got the fake documents e.g., Bill/ delivery challan of Rs. 4,70,000/- prepared in the name of M/s First Drive showing sale of a second-hand Honda City Car to Shri Rakesh Kumar Singh who was the Chief Manager of Allahabad Bank which Shri Rakesh Kumar Singh used for availing car loan of Rs. 4 Lacs from Allahabad Bank (para 6.6)
The order#
the Board decided to Reprimand him.
A reprimand is the lightest punishment the Board can impose.3 No suspension, no fine. The CBI's own case had been registered nearly eight years before the finding of guilt.4
Why it matters#
This section is ours, not the Board's.
Work done for a stranger is still professional conduct. The bank official was never the accountant's client, auditee, or anyone who had engaged him for anything. Item (2) of Part IV does not care whether the misconduct happened inside an engagement. Decline before you become someone else's paper trail.
A limitation clock does not erase a live transaction. The complaint reached the Board years past the seven-year window the Rules ordinarily allow, and evidence was accordingly thin — but the Board convicted on what survived. Do not treat delay alone as a defence.
What you tell one authority follows you to every other. The accountant's own statement to the CBI, made in a separate criminal inquiry, was read straight into the disciplinary finding against him. Assume anything you say in one proceeding will be read in the next.
A fact nobody disputes can decide a case on its own. The dealer's listed email address was the accountant's own, and that single fact outlasted every contradiction in the witness statements around it. Keep your own contact details off paperwork that is not yours to sign.
This summarises a public order and links the primary source. It is general information, not legal or professional advice.
Footnotes#
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Shri Sudip Roy, Superintendent of Police & Head of Branch, CBI Economic Offence Wing, Kolkata, was the complainant. CA. Gopal Pitti (M. No. 053621), of M/s G. Pitti & Co., Kolkata, was the respondent. The bank manager at the centre of the underlying transaction was Shri Rakesh Kumar Singh, then Chief Manager of Allahabad Bank, Kolkata; the car dealer was Shri Anil Agarwal of M/s First Drive; neither is a chartered accountant. ↩
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Item (2) of Part IV of the First Schedule to the Chartered Accountants Act, 1949 deems a member — in practice or not — guilty of other misconduct if, in the opinion of the Council, his conduct brings disrepute to the profession or the Institute, whether or not it is connected with his professional work. It is read with section 22 of the Act, which defines "professional misconduct" and "other misconduct" for the purposes of the First and Second Schedules. ↩
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Section 21A(3) gives the Board a graduated set of punishments, of which a reprimand is the lowest, ahead of removal of the name from the Register for a limited period and a fine. ↩
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The underlying CBI case was registered on 2 September 2016. Hearings before the Board were held on 4 May 2023 (adjourned), 25 July 2023 (part heard) and 20 March 2024 (concluded). The findings were signed 30 May 2024. Punishment, on a Board of the same three members, was passed on 29 July 2025 after the respondent appeared by video conference. ↩
Written by Jainam Shah. Found guilty under Item (2) of Part IV of the First Schedule; the Board ordered a reprimand. General information, not legal or professional advice — read the order itself before relying on it.