Professional Documents
Culture Documents
Chp-6 (remove 0 from 60) Chp-7 (apne ICAI ke member ka saath-7 do)
Tax Audit assignments under Sec-44 AB of the Income-tax Act, 1961 Appointment of an Auditor in case of non-payment of undisputed fees
1.Ceiling limit for signing the Tax Audit Reports: A CAip shall not accept the appointment as auditor of an entity ,where
(shall not accept Tax Audit assignment more than limit as specified below in a FY -undisputed audit fee of another CA
,Whether in respect of corporate or non-corporate assesses) -for carrying out the statutory audit under the Co. Act, 2013 or various other statutes
a) In case of a CAip or proprietary firm of CA- 60 tax audit assignments -has not been paid.
b) In case of Firm of CAip- 60 tax audit assignments per partner in the firm *Exception- In case of sick unit, the above prohibition of acceptance shall not apply.
2.Audit of branch office & head office = single assignment. *Sick Unit Means a unit registered for not less than 5 years & whose net worth is
3.Audit of One or more branches of a single concern by 1 CAip = single assignment. negative or has at end of FY accumulated losses ≥ its entire net worth.
4.Part time CAip shall not be allowed to conduct TAX Audit. *Undisputed audit fees=Provision for audit fee in accounts signed by both - the auditee &
5.Clarification by Committee on Ethical Standard Board :The limit on number of tax audit the auditor + other expenses, if any, incurred by the auditor in connection with the audit.
assignments per partner in a CA Firm may be distributed between the partners in any
Council General Guidelines, 2008
manner whatsoever e.g.- 1 partner individually can sign all reports u/s 44AB (provided
total number of tax audit reports on behalf of firm do not exceeds specified limit)
Chp-15
Guidelines for Networking
A. Characteristics of Network B. What is NOT a C. Different forms of Network- D. Approval of Name of E. Registration of G. Change (entry/exit)
(Network hone ke liye kya Network? Network amongst firms Network (is in constitution of
chahiye) registered with Institute mandatory) with ICAI registered Network
1.Co-operation 1.Sharing of cost, A network can be constituted as # Procedure to obtain distinct After name of network Communicate in Form-C
which is 1.Mutual Entity (E.g.-AB & name of network: is approved > Network to ICAI within 30 days
2.Sharing of -Cost & Profit / - Immaterial or Affiliates) Select Name > Inform ICAI in shall apply in Form-B to from date of change in
Professional resources - Limited to 2.Partnership firm (Maximum Form-A > ICAI to respond register itself with ICAI constitution.
(Professional resources professional 20 no. of partners allowed) (accept/reject) within 30 days. within 3months
includes Partners, staffs, resources 3.LLP (E.g.- AB Affiliates LLP) , Otherwise name
technical depts., Audit 4.Company (MCS)- (E.g.- AB Note-1 To distinguish a assigned shall stands
methodology, Training 2.Association Affiliates Pvt Ltd/Ltd) network from a firm of cancelled on expiry of
courses) between firm & 5.Sole proprietor Chartered accountants 3m
unrelated entity. Note-1 A firm is allowed to join - the words “& Affiliates” shall
3.Common- only one network. be used after name of network
Ownership/Quality/QC Note-2 Firm having common - the words “& Co.” or “&
policies & Procedures/Brand partners shall join only one Associates” shall NOT be used.
name network
Chp-17
Guidelines for Corporate Form of Practice
CAip are Various Conditions to comply with
1.Name Approval-Name of the Management Consultancy Co. is required to be
1.Allowed to- Render MCS & other services in corporate form (can retain Full time COP) approved by the Institute.
2.Registration-Such Co. has to be registered with the Institute.
2.Allowed to-hold the office of MD, WTD or Manager of a body corporate engaged 3.Ethical Compliance-
exclusively in rendering MCS and Other Services permitted by the Council in pursuant a)If the individual practitioner/sole-proprietorship firm/partnership firm is the statutory
to Section 2(2)(iv) of the Chartered Accountants Act, 1949 (can retain Full time COP) auditor of an entity then the Management Consultancy Co. should not accept the
(1&2 allowed Along with attest function either in individual capacity or in internal audit or book-keeping or such other professional assignments (e.g-sec-144),
Proprietorship/Partnership firm & also entitled to train articled/audit assistants). which are prohibited for the statutory auditor firm.
b)Fees of MCS shall not exceed Audit fees
3.Not Allowed-to do Audit Practice in corporate form c)Such co. shall comply (by giving an undertaking) with clauses (6) & (7) of Part -I of the
First Schedule to the CA Act, 1949 & such other directives issued by ICAI .
Council General Guidelines, 2008
Chp-8 Chp-9
Specified number of audit assignments Appointment as Statutory auditor
As per Sec-141 Co. Act’2013 – However, As per Council Guidelines- Member in practice shall not accept the appointment as statutory auditor of -
A CA shall accept audit of Maximum 20 A CAiP can accept audit of Maximum 30 PSU(s)
companies excluding, companies including Private Co. & Small -Govt. Companies
-Pvt Ltd. Co. having PUC < 100Cr (Provided no Co. except, -Listed Companies &
default in filing Annual return & FS) & -OPC & Dormant Co. -Other Public Companies
-OPC, Small Co., Dormant Co. having turnover of Rs. 50 crores or more in a year &
Note-1: A CAiP or Firm of CAiP shall maintain a record of audit assignments accepted in where he accepts any “other work/ Assignment/ Service incl Mgt. Consultancy & all
following format: other professional services as per sec 2(2)(iv) of CA Act,1949” in regard to Same
Sr.No Name of Co. Registration No. Date of Appointment Date of Acceptance Undertaking/ Companies on remuneration which in total exceeds Fee payable for
1 2 3 4 5 carrying out the statutory audit of the same Undertaking/company.
(E.g. Rohit, auditor of Z ltd having 200Cr T/O. The audit fee fixed for year at Rs.50
Note-2: A CAiP shall comply with both CGG & Sec-141. lakhs. During the year co. offers Rohit an assignment of Mgt. consultancy for
Note-3: Audit of HO & Branch office of a co. by 1 CA or Firm = 1 Audit Assignment remuneration of 1 Cr.
Since- Mgt Consultancy ka fees > Stat audit ka fees, Rohit shall not accept mgt
consultancy assignment otherwise it would be misconduct.)
IMP Note-1 Manner of answering- As per Chapter …. of CCG 2008, on …..., it is specified that if
IMP Note-2 A member of Institute will be held guilty of professional misconduct under Schedule-II of Part-2 of clause-1, if he Contravenes any of the provisions of this Act or the
regulations made there under or Any guidelines (CCG) issued by the Council.
DISCIPLINARY MECHANISM
st
Directorate Discipline (DD) receives complaint 1 & on investigation if it founds that Member is Guilty under either Directorate Discipline (DD) receives complaint 1st & on
cases investigation if it founds that Member is Not Guilty
Schedule-I Schedule-II/Both 1.Transfer case to BOD
Case will be forwarded to Board of Discipline (BOD) Disciplinary Committee (DC) 2. If BOD finds it to be Not Guilty- Close
Powers, if Found Guilty -Reprimand the Member I.e. Warning -Reprimand the Member I.e. Warning 3. If BOD finds it to be Guilty-
-Fine Upto 1 lakh -Fine Upto 5 lakh -If relates to Schedule-I: BOD will investigate further
-Cancellation of M/COP- upto 3 months -Cancellation of M/COP- Permanently or -If relates to Schedule-II: DC will investigate further
Specified period
If DD/Member is not Satisfied by decision
-Appeal to Appellate Authority(AA) < 90days + 90days Extension
AA shall investigate & may pass following order
- Cancel/Modify/Confirm the Order
- Cancel/Increase/Decrease Penalty
- Send the case back to BOD/DC for further Investigation
-Any other suitable order
Connect at https://www.instagram.com/rbajaj.95/ or linkedin.com/in/rohit-bajaj-188731121/