Page 424 - CA Final PARAM Digital Book.
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•  Whenever a particular section is involved with no other clause Schedule 2 , Part2 ,Clause 1 can be
                          referred
                      •  Students can write this standard answer in all question of  Clause (12) of Part I of the First Schedule
                          to the Chartered Accountants Act, 1949

          QNO     First Schedule, Part I,Cl,12 – Delegation of works to his articles and staff   Old Course – (SM21, N21M)
          724.500  TITANIUM CNO – PE.1300                                                  New Course – (SM23)
                  Mr. S, the auditor of ABC Pvt. Ltd. has delegated following works to his articles and staff:
                  i. Issue of audit queries during the course of audit.
                  ii. Issue of memorandum of cash verification and other physical verification.
                  iii. Letter forwarding draft observations/financial statements.
                  iv. Issuing acknowledgements for records produced.
                  v. Signing financial statements of the company.
                  Is this correct as per the Professional Ethics and ICAI’s guidelines and pronouncements?
                  Part I -- Relevant Laws
                      ▪  Clause (12) of Part I of the First Schedule to the Chartered Accountants Act, 1949
                      ▪  Council Clarification
                  Part II -- Requirements of Relevant Laws
                      ➢  Clause (12) of Part I of the First Schedule to the Chartered Accountants Act, 1949
                          A Chartered Accountant in practice is deemed to be guilty of professional misconduct if he allows a
                          person not being a member of the institute in practice or a member not being his partner to sign on
                          his behalf or on behalf of his firm, any balance sheet, profit and loss account, report or financial
                          statements.

                      ➢  Council Clarification
                          The Council has clarified that the power to sign routine documents on which a professional opinion
                          or authentication is not required to be expressed may be delegated in the following instances and
                          such delegation will not attract provisions of this clause:
                             •  Issue of audit queries during the course of audit.
                             •  Asking for information or issue of questionnaire.
                             •  Letter forwarding draft observations/financial statements.
                             •  Initiating and stamping of vouchers and of schedules prepared for the purpose of audit.
                             •  Acknowledging and carrying on routine correspondence with clients.
                             •  Issue of memorandum of cash verification and other physical verification or recording the
                                 results thereof in the books of the clients.
                             •  Issuing  acknowledgements  for  records  produced.  Raising  of  bills  and  issuing
                                 acknowledgements for money receipts.
                             •  Attending to routine matters in tax practice, subject to provisions of Section 288 of Income
                                 Tax Act.
                             •  Any  other  matter  incidental  to  the  office  administration  and  routine  work  involved  in
                                 practice of accountancy.

                  Part III – Case Discussion
                      ➢  In the instant case, Mr. S, the auditor of ABC Pvt. Ltd. has delegated certain task to his articles and
                          staff  such  as  issue  of  audit  queries  during  the  course  of  audit,  issue  of  memorandum  of  cash
                          verification  and  other  physical  verification,  letter  forwarding  draft  observations/financial
                          statements, issuing acknowledgements for records produced and signing financial statements of the
                          company.
                  Part IV – Conclusion
                      ➢  Therefore, Mr. S is correct in allowing first four tasks i.e. issue of audit queries during the
                          course of audit, issue of memorandum of cash verification and other physical verification, letter
                          forwarding  draft  observations/financial  statements,  issuing  acknowledgements  for  records
                          produced to his staff and articles.




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