Page 391 - CA Final PARAM Digital Book.
P. 391

First Schedule, Part I,Cl,6 Solicitation   Old Course – (M06E, N10R, M12R, M12M, M13R, M14R,  PM17,
          QNO     (Tender) Land Revenue                                                     SM17, N18M, N20E)
          681.000
                  TITANIUM CNO – PE.1140                                                   New Course – (SM23)
                  M/s  LMN,  a  firm  of  Chartered  Accountants  responded  to  a  tender  from  a  State  Government  for
                  computerization of land revenue records. For this purpose, the firm also paid ` 50,000 as earnest
                  deposit as part of the terms of the tender.

          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 lays down guidelines for responding to tenders, etc. As per the guidelines if a matter
                          relates to any services other than audit, members can respond to any tender.
                          As per the guidelines issued by council a member can respond to tenders where minimum fees of
                          the assignment is prescribed in the
                          tender  document  itself  or  where
                          the  areas  are  open  to  other
                          professionals along with Chartered
                          Accountants.

                          Further,  in  respect  of  a  non-
                          exclusive  area,  members  are
                          permitted  to  pay  reasonable
                          amount     towards     earnest
                          money/security deposits.

                  Part III – Case Discussion
                      ➢  In  the  present  case,  M/s  LMN,  a
                          firm  of  Chartered  Accountants
                          responded to a tender from a State
                          Government  for  computerization
                          of land revenue records.

                  Part IV – Conclusion
                      ➢  In the instance case, since computerization of land revenue records does not fall within exclusive
                          areas for chartered accountants, M/s LMN can respond to tender as well as deposit 50,000 as
                          earnest deposit and shall not have committed any professional misconduct.

          QNO     First Schedule, Part I,Cl,6 Solicitation (Tender) No Minimum Fees   Old Course – (M17R, N17R, M20R)
          682.000   TITANIUM CNO – PE.1140
                  Comment on the following with reference to the Chartered Accountants Act, 1949 and schedules thereto:
                  M/s LMN & Associates, a firm of Chartered Accountants responded to a tender issued exclusively for
                  Chartered Accountants by an organisation in the area of tax audit. However, no minimum fee was
                  prescribed in the tender document.
                                                               OR
                  PK  Foundation  decided  to  review  its  historical  financial  statements  For  this,  it  proposed  a  tender
                  exclusively for Chartered Accountants to obtain assurance, primarily by performing inquiry and
                  analytical  procedures,  about  whether  the  financial  statements  as  a  whole  are  free  from  material
                  misstatement However, the foundation did not prescribe the minimum fee in the tender document M/s
                  Sodhi & Co, a Chartered Accountant firm, responded to such tender

          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 lays down guidelines for responding to tenders, etc. It states that a member may respond
                          to tenders or enquiries issued by various users of professional services or organizations from time
                          to time and secure professional work as a consequence.




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