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QNO     First Schedule ,Part I,Cl,8 Communication Over Phone              Old Course – (M16M, M18M)
          696.100   TITANIUM CNO – PE.1220

                  M/s CD & Co., a firm of Chartered Accountants, accepted an assignment for audit under GST Law and
                  communicated the same over phone to the previous auditor, M/s AB & Co., Chartered Accountants.
                  Comment.

          Answer  Part I -- Relevant Laws
                      ▪  Clause (8) of Part I of the First Schedule to the Chartered Accountants Act, 1949

                  Part II -- Requirements of Relevant Laws
                      ➢  A chartered accountant in practice is deemed to be guilty of professional misconduct if he accepts a
                          position as auditor previously held by another chartered accountant or a certified auditor who has
                          been issued certificate under the Restricted Certificates Rules 1932, without first communicating
                          with him in writing.
                          It  is  provided  that  incoming  auditor  is  required  to  send  his  communication  by  Registered  post
                          Acknowledgement Due or by hand against an acknowledgement in writing.

                  Part III – Case Discussion
                      ➢  In the instant case, M/s CD & Co. accepted the audit under GST Law, carried out by M/s AB & Co.,
                          another firm of chartered accountants, in the previous year. The current auditor communicated
                          their appointment over phone i.e. no written communication held.

                  Part IV – Conclusion
                      ➢  A communication in writing is mandatory requirement for all types of audit, if the previous auditor
                          is a chartered accountant. Hence, the firm would be held guilty of professional misconduct
                          under Clause (8) of Part I of First Schedule to the Chartered Accountants Act, 1949.

          QNO     First Schedule, Part I,Cl,8  --Communication (Certificate of Posting)   Old Course – (N16R, PM17)
          698.000   TITANIUM CNO – PE.1220                                                 New Course – (SM23)
                  W,  a  Chartered  Accountant  has  sent  letters  under  certificate  of  posting  to  the  previous  auditor

                  informing him his appointment as an auditor before the commencement of audit by him.
          Answer  Part I -- Relevant Laws
                      ▪  Clause (8) of Part I of the First Schedule to the Chartered Accountants Act, 1949

                  Part II -- Requirements of Relevant Laws
                      ➢  The  clause  requires  communication  by  the  incoming  auditor  with  the  previous  auditor  before
                          accepting a position by him.

                          The Council of the Institute has taken the view that a mere posting of a letter “under certificate of
                          posting” is not sufficient to establish communication with the retiring auditor unless there is some
                          evidence to show that the letter has in fact reached the person communicated with. A Chartered
                          Accountant who relies solely upon a letter posted “under certificate of posting” therefore does so
                          at his own risk. Since the letters were sent by “W” to the previous auditor informing him of his
                          appointment as an auditor before the commencement of audit by him under Certificate of Posting
                          is not sufficient to prove communication with the retiring auditor.

                          In the opinion of the Council, communication by a letter sent “Registered Acknowledgement Due”
                          or  by  hand  against  a  written  acknowledgement  would  in  the  normal  course  provide  positive
                          evidence.

                  Part III – Case Discussion
                      ➢  In the given case, W, a Chartered Accountant has sent letters under certificate of posting to the
                          previous auditor informing him his appointment as an auditor before the commencement of audit
                          by him.

                  Part IV – Conclusion
                      ➢  Hence “W” was guilty of professional misconduct under Clause (8) of Part I of First Schedule to the
                          Chartered Accountants Act, 1949.
                   Author’s Note
                  Certificate of posting means simple post which is not allowed. Registered post acknowledgement due
                  (RPAD) is allowed

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