Page 404 - CA Final Audit Titanium Full Book. (With Cover Pages)
P. 404

CA Ravi Taori


         Analysis
         Misconduct: The clause refers to a member's failure to report a material misstatement in a financial statement,
         despite having knowledge of it.
         Materiality: The member can only be held guilty of misconduct if the misstatement is proven to be material,
         meaning it could significantly affect the understanding of the financial statement.
         Clause  5:  The  observations  made  under  the  preceding Clause  (5)  apply  to  this  clause  as  well,  indicating  a
         continuity in the standards of conduct.
         Case Studies
         Liability:  Understatement of liability/provision/ contingent liability.
         Submission to Tax Authorities:   Statement and certificates submitted to tax authorities are misleading and
         incorrect.
         End Use of Funds:  Issuing wrong certificate for end use of Funds to bank

         (CNO-PE.1580) CLAUSE 7
         A Chartered Accountant in practice shall be deemed to be guilty of professional misconduct if he.
         Clause (7) does not exercise due diligence or is grossly negligent in the conduct of his professional duties.
         Analysis
         Purpose: An auditor should apply reasonable skill, care, and caution, depending on the circumstances. They are
         not detectives but should investigate suspicious matters thoroughly.
         Negligence: The term "negligence" covers a range from fraud to minor negligence.
         Gross Negligence: Professional Misconduct generally implies serious cases of gross negligence. Minor errors and
         lapses do not constitute professional misconduct but should still be addressed for future care.
         Case Studies
         Representing: Repeated failure to represent client before tax authorities.
         Obvious: Auditors fails to detect Fraud, which were apparent, obvious or there were indications w.r.t. Fraud
         Time: Not able to complete audit as per given time schedule and statutory requirements.
         Signing: Signing B/S and P&L A/c before approval from BOD Signing two B/S by applying different judgments
         for same company same period.
         Separate Notes:  Giving opinion subjected to separate notes but such notes did not exist.
         COD:  Sending Audit report through value paid post. (COD)

         (CNO-PE.1600) CLAUSE 8
         A Chartered Accountant in practice shall be deemed to be guilty of professional misconduct if he.
         Clause (8): Fails to obtain sufficient information which is necessary for expression of an opinion or its exceptions
         (Instances where no S &A Evidence) are sufficiently material to negate the expression of an opinion.
         Analysis
         Responsibility: A Chartered Accountant is expected to express an opinion on the truth and fairness of financial
         statements after verifying their authenticity.
         Information: The Chartered Accountant must determine the extent of information needed before expressing an
         opinion on the financial statements. The Chartered Accountant should not express an opinion without obtaining
         the required data and information.
         Disclaimer: If due to lack of information the report becomes so limited that it can't express a clear opinion, the
         auditor should clearly express his disclaimer.
         Example: If the auditor hasn't seen any evidence of the existence or valuation of the investment, which is the
         only asset of a company, he should not claim that the balance sheet shows a true and fair view. For the manner
         of  auditor’s  reporting  in  such  situations,  refer  to  SA  705(Revised),  “Modifications  to  the  Opinion  in  the
         Independent Auditor’s Report”.

        www.auditguru.in                                                                                            19.48
   399   400   401   402   403   404   405   406   407   408   409