Page 366 - CA Final PARAM Digital Book.
P. 366

➢  Section  27  of  the  Chartered
                          Accountants  Act,  1949  requires
                          that if a chartered accountant in
                          practice  or  a  firm  of  chartered
                          accountants  has  more  than  one
                          office in India, i.e., a branch, each
                          of  such  offices  should  be  in  the
                          separate charge of a member of
                          the Institute.
                          Failure on the part of a member
                          or  a  firm,  to  have  a  member  in
                          charge of its branch office and a
                          separate member in case of the
                          branches,  if  more  than  one,
                          would  constitute  professional
                          misconduct.

                          However, exemption from the above has been given to members practising in the hilly areas subject
                          to the certain conditions.

                          It is necessary to mention that the Chartered Accountant in charge of the branch of another firm
                          should be associated with him or with the firm either as a partner or as a paid assistant. If he is a
                          paid assistant, he must be in whole time employment with him.

                          The above rule applies in case additional office is situated at a place beyond 50 Kms. from the
                          municipal limits in which the office is situated.
                          The exemption may be granted under proviso to section 27(1) of the Chartered Accountants Act,
                          1949 to a member or a firm of Chartered Accountants in practice to have a second office without
                          such second office being under the separate charge of a member of the Institute provided.
                             •  the second office is located in the same premises, in which the first office is located or
                             •  the second office is located in the same city, in which the first office is located or
                             •  the second office is located within a distance of 50 km. from the municipal limits of a city,
                                 in which the first office is located. A member having two offices of the type referred to
                                 above  shall  have  to  declare,  which  of  the  two  offices  is  his  main  office  which  would
                                 constitute his professional address.

                  Sec 27 --Sec 27 (Separate branch in charge) / ITO    Old Course –(N12E, N15E, PM17, M17M, M19E,
          QNO      TITANIUM CNO – PE.880                                                          SM17, SM21)
          658.000
                                                                                           New Course – (SM23)

                  Mr. G, a Chartered Accountant in practice as a sole proprietor has an office in Mumbai near Church Gate.
                  Due  to  increase  in  professional  work,  he  opens  another  office  in  a  suburb  of  Mumbai  which  is
                  approximately 80 kilometers away from his existing office. For running the new office, he employs
                  three retired Income-tax Officers.
                                                               OR
                  K,  Chartered  Accountant  in  practice  as  a  sole  proprietor  at  Chennai  has  an  office  in  the  suburbs  of
                  Chennai. Due to increase in the income tax assessment work, he opens another office near the income
                  tax office. For running the new office, he has employed a retired income Tax Commissioner.

          Answer  Part I -- Relevant Standards & Laws
                      ▪  Section 27 of Chapter VII of the Chartered Accountants Act, 1949

                  Part II -- Requirements of Relevant Standards & Laws
                      ➢  In terms of section 27 of the Chartered Accountants Act, 1949, if a chartered accountant in practice
                          has more than one office in India, each one of these offices should be in the separate charge of a
                          member of the Institute.
                          There is however an exemption for the above if

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