Page 368 - CA Final PARAM Digital Book.
P. 368

➢  Though  distance  between  his  office  and  facilitation  center  i.e.  sort  of  second  office  is  within
                          prescribed  range  i.e.  50  kilometers  but  M&  Co.,  will  be  liable  for  misconduct  as  prescribed
                          intimation  about  facilitation  centre  and  main  office  should  be  sent  to  the  Institute  of
                          Chartered Accountants of India.
                                                             Author’s Note
                        # Mistake point
                  Here  it  is  written  that  another  office  is  opened  in  a  suburb  of  Mumbai  which  is  approximately  26
                  kilometres away from his “existing office”.
                  As per section 27 of the CA Act ,1949 –
                      1.  Distance from existing office is of no importance. What is important is distance from “Municipal
                          Limits” in which existing office is situated.
                          Here institute has assumed the distance from existing office is same as distance from Municipal
                          limits. For this point is not guilty.
                      2.  Opening and closing of branch are required to be informed to the institute as per section
                          27(2) of the CA Act ,1949 and it should be informed within 1 month as per regulation 189. But
                          for this point he is guilty. Further many students may miss this point, so be careful.
                          (Also refer chart in previous question)

          QNO     Sec 27 (Separate branch In charge) Same Board at Residence   Old Course – (N07E, PM17 N21M, N22M)
          660.000   TITANIUM CNO – PE.880                                                  New Course – (SM23)
                  XY & Co., a firm of Chartered Accountant having 2 partners X & Y, one in charge of Head Office and another
                  in charge of Branch at a distance of 80 kms, puts up a name-board of the firm in both premises and also
                  in their respective residences.
          Answer  Part I -- Relevant Standards & Laws
                      ▪  Section 27 of Chapter VII of the Chartered Accountants Act, 1949

                  Part II -- Requirements of Relevant Standards & Laws
                      ▪  The council of the Institute has decided that with regard to the use of the name-board, there will be
                          no bar to the putting up of a name-board in the place of residence of a member with the designation
                          of chartered accountant, provided, it is a name-plate or board of an individual member and not of
                          the firm.
                  Part III – Case Discussion
                      ▪  In the given case, partners of XY & Co., put up a name board of the firm in both offices and also in
                          their respective residences. Distance given in the question is not relevant.

                  Part IV– Conclusion
                      ➢  Thus, the chartered accountants are guilty of misconduct as name board of the firm cannot be
                          used in place of residence.

          QN004F  Sec 27 --Sec 27 (Separate branch In charge) Hilly Region Branch          Old Course—(M21M)
          660.500  TITANIUM CNO – PE.880
                  Mr. Z, a newly qualified chartered accountant started his practice in February 2018 by setting up an office
                  in the hill station Kodaikanal. Initially, since he was getting very less assignments, he decided to set up a
                  temporary office in the nearby city Marudai, situated at about 100 kms from the main office. As
                  planned, he took an office space on rent for the months of April, May & June. During these months, his
                  regular office was not closed and Mr. Z was  in-charge  for  both  the  offices. Mrs. A, another newly
                  qualified chartered accountant who is also in practice in Marudai came to know about the new office of
                  Mr. Z. Thinking that he could be a potential competitor, she informed the institute stating that Mr. Z
                  had violated the provisions of the Chartered Accountant Act. As a member of the Board of Discipline
                  of ICAI, you are requested to analyse this complaint.
          Answer  As per section 27 of Chartered Accountants Act 1949, if a Chartered Accountant in practice or a Firm
                  of Chartered Accountants has more than one office in India, each one 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 and a separate member in case of each of the branches, where there
          www.auditguru.in                                                           PARAM                                             19.10 | P a g e
   363   364   365   366   367   368   369   370   371   372   373