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➢  In the given case, Mr. X published an advertisement in a Newspaper containing his photograph on
                          the occasion of the opening ceremony of his office.

                  Part IV – Conclusion
                      ➢  On this context, it may be noted that the advertisement which had been put in by the member is
                          quite prominent. If soliciting of work is allowed, the independence and forthrightness of a Chartered
                          Accountant in the discharge of duties cannot be maintained.

                          The above therefore amounts to soliciting professional work by advertisement directly or indirectly.
                          Mr. X would be therefore held guilty under Clause (6) of Part I of the First Schedule to the Chartered
                          Accountants Act, 1949.
                  Author’s Note
                  Even if advertisement is given by others like relatives or friends then also guilty

          QNO     First Schedule, Part I,Cl,6 Clarification (Books)   Old Course – (N05E, M09R, M13M,PM17, SM17)
          668.000    TITANIUM CNO – PE.1140                                                New Course- (SM23)
                  Mr. S, a Chartered Accountant published a book and gave his personal details as the author. These
                  details also mentioned his professional experience and his present association as partner with M/s
                  RST, a firm.

          Answer  Part I -- Relevant Laws
                      ▪  Clause (6) of Part I of First Schedule to the Chartered Accountants Act, 1949

                  Part II -- Requirements of Relevant Laws
                      ➢  The  clause  refers  to  professional  misconduct  of  a  member  in  practice  if  he  solicits  client  or
                          professional work either directly or indirectly, by circular, advertisement, personal communication
                          or interview or by any other means. Therefore, members should not adopt any indirect methods to
                          advertise  their  professional  practice  with  a  view  to  gain  publicity  and  thereby  solicit  clients  or
                          professional  work.  Such  a  restraint  must  be  practiced  so  that  members  may  maintain  their
                          independence of judgement and may be able to command the respect of their prospective clients.


                  Part III – Case Discussion
                      ➢  In this case,  Mr. S a Chartered Accountant published the book and mentioned his professional
                          experience and his association as a partner with M/s RST, a firm of chartered accountants.

                  Part IV – Conclusion
                      ➢  While elaborating forms of soliciting work, the Council has specified that a member is now permitted
                          to indicate in a book or an article, published by him, the association with any firm of chartered
                          accountants, but even today highlighting professional attainments is not allowed.  Mr. S being a
                          chartered  accountant  in  practice  has  committed  the  professional  misconduct  by  mentioning  is
                          professional experience, as it will lead to highlighting professional attainments.
                  Author’s Note
                  Clause 6 and Clause 11 both govern book authorship.

                      •  Clause 11 – Clears confusion regarding book authorship
                          CA can author any book, no restrictions on that.

                      •  Clause 6 – Clarifies whether CA Firm name can be mentioned.
                          After writing book, name and firm name of CA is allowed. (Name of firm is allowed as on today, it
                          was not allowed earlier. This is a recent change But highlighting professional attainments is still not
                          allowed.

                  First Schedule, Part I,Cl,11 Clarification (Books, Cooking Book Without   Old Course – (M16M, M18M)
          QNO     Permission)
          668.100
                  TITANIUM CNO – PE.1140
                  CA. Ritu is a leading Income Tax Practitioner in Delhi. She is very much fond of cooking. Due to this
                  passion of her, she also wrote a cookery book “Delight your tummy” during the year. But she didn’t take

                  any permission from the Council of the Institute for engaging herself into authorship of such book.
                  Comment.

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