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By:- CA Abhinav
Jain
PROFESSIONAL MISCONDUCT
• CA deemed to be in practice.
• A CA can represent his client before the IT
authorities only in capacity of CA.
• He cannot use other designation.
Disqualification for Member
• Age (>21)
• Unsound mind
• Insolvent
• Convicted an offence
• Removed by ICAI
Enquires for Disciplinary Matters
Complaint (or Suo-Moto Action)
Council (Fit or Unfit) Fit Nothing to do Unfit
Disciplinary Committee (investigate, CA cannot represent him by Lawyer )
No Misconduct Misconduct
Nothing to do Pass the Decision
Penalty for falsely claiming as Member
Claim as CA not being a CA or Claim as Practice not having COP
Penalty
First conviction Subsequent Conviction
Rs. 5,000 to 100,000 Rs10,000 to 200,000/
Jail up to 1 year/ Both
Office of CA
Where name board of firm is affixed (so only a CA
cannot put his firm name at residence because it will construed
as office) or
place of business in professional stationery
Every such office should be in the separate charge of Member
Exception:- Temporary office at hilly area or same premises or within 50 Kms of municipal limit
Schedule of CA Act
First Schedule Second Schedule
4 Part, 20 Clause 3 Part, 14+ Clause
Part clause Part clause
1 12 (CA in practice) 1 10 (CA in Practice)
2 3 (CA in job) 2 4 ( CA General)
3 3 (General) 3 Other Misconduct
4 2 (Other Misconduct)
First Schedule (Part - I)
Clause (1) Allow any person to work in his name (partner,
employee)
(2) Profit sharing, brokerage for securing work (widow, other professionals)
(3) Accept the profit of other professionals (2)
(4) Partnership with NR or CA not in practice
(5) Securing work with service of other than employee, partner
(6) Soliciting Clients in any mean of advertisement
Adv., Note in press (Change in partnership, phone / Classified Adv. in ICAI journal / Empanelment for audit )
First Schedule (Part - I) Clause
(7) Not to advertise professional attainments or
use of designation other than CA
(8) Take NOC from Previous Auditor
(9) Compliance of Sec. 225 of Co. Act
(10) Charge fees as a percentage of Profit (Liquidator, Co-op. Society audit, valuer)
(11) Engage in any business (Director except MD,WTD)
(12) Allow a person to sign the Fin. Statements (Partner)
First Schedule (Part - II) Apply to CA in service
Clause
(1) Pay any share in his emoluments to any person
(2) Accept any part of fees from lawyer, CA, Broker etc. by way of commission or
gratification
(3) Disclose confidential information of employer.
First Schedule (Part - III)
Apply to CA in General
Clause
(1) Not being a fellow style himself as fellow
(2) Doesn’t give information called by institute
(3) Supply knowingly wrong information for clause (6),(7) of Part I of Schedule I
First Schedule (Part - IV)
Apply to both CA in Practice and Job
Clause
(1) Imprisonment for term not exceeding 6
month by any civil or criminal court
(2) Disrepute to the institution
Second Schedule (Part - I) Apply to CA in Practice
Clause
(1) Discloses the information of client (required by any Law)
(2) Certifies any work unless examined made by himself / employee / Partner / Another CA in Practice
(3) Permit to use his name in a manner which lead to belief that he vouches for accuracy.
(4) Audit of its Relative
(5) Fails to disclose Material Fact known to him
Second Schedule (Part - I)
Apply to CA in Practice
Clause
(6) Fails to disclose known Material Misstatement
(7) Negligence to discharge professional work
(8) Fails to obtain sufficient evidence
(9) Fails to apply any Generally accepted audit practices
(10) Fails to keep money of his client in separate Bank A/c or use it as intended (Advance
received)
Second Schedule (Part - II)
Apply to Member of the ICAI
Clause
(1) Contravenes any provision regarding
Articles, Fees, Part time employment
(2) Disclose confidential information of
employer
(3) Provide false information to ICAI
(4) Defalcates money received in his
Professional capacity
Second Schedule (Part - III) Apply to Member of ICAI
• Imprisonment for a term exceeding 6 month
• Member who is employee should discharge
responsibility in proper manner
• Maintain proper books of A/Cs
• Maintain detail of audit handled
• Accept the audit beyond the limit
• Accept fees less than specified
• Accept any other work along with statutory audit of
same entity
• Indebted to co. or has given guarantee exceeding
Rs. 10,000
THE END
Thank You