Nitin Gathani

Member’s name: Nitin Gathani
Date of Hearing: 22 July 2021
Division: Western Australia
Tribunal: Disciplinary Tribunal

On 22 July 2021 the Disciplinary Tribunal found Mr Gathani breached Article 39(a)(ii)(F) of the 14 May 2019 Constitution, in that:

1. He had “been the subject of an adverse finding that has not been overturned on appeal in relation to the Member’s conduct, competence or recognition by any Court, professional body, statutory or other regulatory authority in any jurisdiction” in respect of a decision of the Tax Practitioners Board dated 20 June 2019 that terminated his registration as a tax agent.
2. He had “been the subject of an adverse finding that has not been overturned on appeal in relation to the Member’s conduct, competence or recognition by any Court, professional body, statutory or other regulatory authority in any jurisdiction” in respect of a decision of Chartered Accountants Australia and New Zealand dated 22 February 2021 that suspended his membership.

Mr Gathani attended the Disciplinary Tribunal Hearing and admitted Complaints 1 and 2.

Penalty and Costs:

The Disciplinary Tribunal found the Complaints sustained and imposed the following penalty:

• forfeiture of membership and not eligible for readmission until 22 July 2025.

Prior to any application for readmission, Mr Gathani must first successfully complete the Business Ethics Course at Carstens Perth, or its equivalent at the time, to the satisfaction of the General Manager Professional Conduct.

The Disciplinary Tribunal imposed the following costs to be paid - $2,587.00.