Page 449 - CA Final PARAM Digital Book.
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Part II -- Requirements of Relevant Standards & Laws
                      ➢  Chartered Accountant in practice is deemed to be guilty of professional misconduct if he “does not
                         exercise due diligence or is grossly negligent in the conduct of his professional duties”.
                  Part III – Case Discussion
                      ➢  CA. ZZ conducted ABC audit of a Marathi daily ‘New Era’ certified the circulation figures based on
                         Management Information System Report (M.I.S Report) without examining the books of Accounts
                  Part IV – Conclusion
                      ➢  In the instant case, CA. ZZ did not exercise due diligence and is grossly negligent in the conduct of
                         his professional duties since he certified the circulation figures without examining the books of
                         accounts.

                         To ascertain the number of paid copies verification of remittances from the agents, credit allowed
                         to the agents for unsold copies returned, examination of books of account is essential.

                         Further  certification  of  circulation  figures  based  on  statistical  information  without  cross
                         verification  with  financial  records  amounts  to  gross  negligence  and  failure  to  exercise  due
                         diligence.

                         Hence, CA. ZZ is guilty of professional misconduct as per Clause (7) of Part I of Second Schedule of
                         Chartered Accountants Act, 1949.
                  Author’s Note
                      ➢  Whenever Certification is done without collecting proper evidence. Following shall be referred-
                             •  Clause 7 Part 1 of Second Schedule
                             •  Clause 2 Part 1 of Second Schedule
                             •  Clause 8 Part 1 of Second Schedule

                  Second Schedule, Part I, Cl,8 –No Checking as No   Old Course-- (M10E, PM17, SM17, N18M, N20M)
          QNO     Change in Balance (Investments)                                          New Course-- (SM23)
          759.000
                  TITANIUM CNO – PE.1600 / PE.1540
                  Mr. A, a Chartered Accountant was the auditor of 'A Limited'. During the  financial year 2015-16, the
                  investment appeared in the Balance Sheet of the company of `10 lakhs and was the same amount as in

                  the last year. Later on, it was found that the company's investments were only `25,000, but the value of
                  investments was inflated for the purpose of obtaining higher amount of Bank loan.
          Answer  Part I -- Relevant Standards & Laws
                      ▪  Clause (2) of Part I of the Second Schedule to the Chartered Accountants Act, 1949
                      ▪  Clause (7) of Part I of the Second Schedule to the Chartered Accountants Act, 1949
                      ▪  Clause (8) of Part I of the Second Schedule to the Chartered Accountants Act, 1949
                  Part II -- Requirements of Relevant Standards & Laws
                      ➢  As per Part I of Second Schedule to the Chartered Accountants Act, 1949, a Chartered Accountant
                         in practice shall be deemed to be guilty of professional misconduct, under

                             •   Clause (2) of Part I of the Second Schedule
                                 If he, certifies or submits in his name or in the name of his firm, a report of an examination
                                 of financial statements unless the examination of such statements and the related records
                                 has been made by him or by a partner or an employee in his firm or by another chartered
                                 accountant in practice
                             •   Clause (7) of Part I of the Second Schedule
                                 Does not exercise due diligence or is grossly negligent in the conduct of his professional
                                 duties.

                             •   Clause (8) of Part I of the Second Schedule
                                 If fails to obtain sufficient information which is necessary for expression of an opinion or
                                 its exceptions are sufficiently material to negate the expression of an opinion

                      ➢  The  primary  duty  of  physical  verification  and  valuation  of  investments  is  of  the  management.
                         However, the auditor’s duty is also to verify the physical existence and valuation of investments
                         placed, at least on the last day of the accounting year. The auditor should verify the documentary
                         evidence for the cost/value and physical existence of the investments at the end of the year. He
                         should not blindly rely upon the Management’s representation.
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