Transfer Petition – Constitution of India – Art. 139-A(1) – Supreme Court Rules, 2013 – Or. XL, Rule 1 – In the writ petitions, which are sought to be transferred, writ petitioners have challenged validity of chapter-VI of guidelines No. 1-CA(7)/02/2008 dated 08.08.2008 issued by the Council of petitioner Institute on the ground that the same is violative of Art. 19(1)(g) of the Constitution – The said chapter VI of the guidelines dated 08.08.2008 stipulates that a member of the Institute in practice shall not accept, in a financial year, more than “specified number of tax audit assignments”, which is at present 60 u/s. 44 AB of the Income Tax Act, 1961 – Several writ petitions regarding the same were pending in the Kerala High Court, Madras High Court and Calcutta High Court – The Institute of Chartered Accountants of India being the regulatory body for the profession of Chartered Accountants has filed the present transfer petitions for transfer of all the aforesaid writ petitions to the Supreme Court for final and conclusive determination of the issues involved – Held: The guidelines which are impugned in the High Court and the consequent disciplinary proceedings initiated against various Chartered Accountants throughout the country is an issue of public importance affecting Chartered Accountants as well as the citizens who have to obtain compulsory tax audits – To settle the law and to clear the uncertainity among tax professionals and citizens, it is appropriate that the Supreme Court may transfer the writ petition, to authoritatively pronounce the law on the subject – However, the interim orders operating in different writ petitions which are sought to be transferred should be allowed to be continued till the Supreme Court considers the matter and passes any other order – In result, Transfer Petitions are allowed.
Petrochemical Industries Corporation Limited and Another (2007) 15 SCC 649 – referred to.
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