January 15, 2024

Section 8 – The Chartered Accountants Act, 1949

Disabilities Notwithstanding anything contained in Section 4, a person shall not be entitled to have his name entered in or borne on the Register if he – (i) has not attained the age of twenty-one years at the time of his application for the entry of his name in the Register; or 1[(ii) is of unsound mind and stands so adjudged by a competent Court;] or (iii) is an undischarged insolvent; or (iv) being a discharged insolvent, has not obtained from the Court a certificate stating that his insolvency was caused by misfortune without any misconduct on his part; or (v) has been convicted by a competent Court whether within or without India, of an offence involving moral turpitude and punishable with transportation or imprisonment or of an offence, not of a technical nature, committed by him in his professional capacity unless in respect of the offence committed he has either been granted a pardon or, on an application made by him in this behalf, the Central Government has, by an order in writing, removed the disability; or 2[(vi) has been removed from membership of the Institute on being found on inquiry to have been guilty of professional or other misconduct: Provided that a person who has been removed from membership for a specified period, shall not be entitled to have his name entered in the Register until the expiry of such period.]   Amendment 1 Substituted, for the following, by the Chartered Accountants (Amendment) Act, 1959 :– “(ii) has been adjudged by a competent Court to be of unsound mind;” 2 Substituted, for the following, by the Chartered Accountants (Amendment) Act, 1959 :– “(vi) has been found on inquiry to have been guilty of conduct which renders him unfit to be a member of the Institute. ” Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida  Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA

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Section 7 – The Chartered Accountants Act, 1949

Members to be known as Chartered Accountants 1[Every member of the Institute in practice shall, and any other member may, use the designation of a chartered accountant and no member using such designation shall use any other description, whether in addition thereto or in substitution therefor:] Provided that nothing contained in this Section shall be deemed to prohibit any such person from adding any other description or letters to his name, if entitled thereto, to indicate membership of such other Institute of accountancy, whether in India or elsewhere, as may be recognised2 in this behalf by the Council, or any other qualification that he may possess, or to prohibit a firm, all the partners of which are members of the Institute and in practice, from being known by its firm name as Chartered Accountants.   Amendment 1Substituted, for the following, by the Chartered Accountants (Amendment) Act, 1959 :- “Every member of the Institute in practice shall be designated as a Chartered Accountant and no person practising the profession of accountancy in India shall use any other designation whether in addition thereto or in substitution therefor:” 2For the Resolution of the Council, please see Appendix No. (11) and Regulation 191. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida  Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA

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Section 6 – The Chartered Accountants Act, 1949

Certificate of practice (1) No member of the Institute shall be entitled to practise 1[whether in India or elsewhere] unless he has obtained from the Council a certificate of practice: 2[Provided that nothing contained in this sub-section shall apply to any person who, immediately before the commencement of this Act, has been in practice as a registered accountant or a holder of a restricted certificate until one month has elapsed from the date of the first meeting of the Council.] 3[(2) Every such member shall pay such annual fee for his certificate as may be determined, by notification4, by the Council, which shall not exceed rupees three thousand, and such fee shall be payable on or before the 1st day of April in each year: Provided that the Council may with the prior approval of the Central Government, determine the fee exceeding rupees three thousand, which shall not in any case exceed rupees six thousand.] 5[(3) The certificate of practice obtained under sub-section (1) may be cancelled by the Council under such circumstances as may be prescribed.] Amendment 1 Inserted by the Chartered Accountants (Amendment) Act, 1959. 2 Inserted by Section 2 of the Chartered Accountants (Amendment) Ordinance, 1949, Ordinance No. XV of 1949 – Gazette of India Extraordinary dated 1st July, 1949. 3 Substituted, for the following, by the Chartered Accountants (Amendment) Act, 2006 and came into force w.e.f. 8th August, 2006 :- A[“(2) Every such member shall pay such annual fee for his certificate as may be prescribed, and such fee shall be payable on or before the 1st day of April in each year.”] AThis sub-section (2) was earlier substituted, for the following, by the Chartered Accountants (Amendment) Act, 1959 :- “(2) Every such member shall pay such annual fee, differing in amount according as he is an associate or a fellow of the Institute, for his certificate as may be prescribed, and such fee shall be due on the 1st day of April in each year.” 4 For the notification, please see Appendix No. (10). 5 Inserted by the Chartered Accountants (Amendment) Act, 2006 and came into force w.e.f. 8th August, 2006. Unlocking the Gateway to Practice: Understanding Section 6 of the Chartered Accountants Act, 1949 Unlocking the Gateway to Practice: Understanding Section 6 of the Chartered Accountants Act, 1949 Navigating the Regulatory Landscape for Chartered Accountants in India In the world of Indian Chartered Accountancy, Section 6 of the Chartered Accountants Act, 1949 stands as a pivotal pillar, ensuring ethical practice and professional excellence. It acts as a gatekeeper, ensuring that only qualified and authorized individuals engage in professional accounting services within India’s borders and beyond. Key Provisions of Section 6: Certificate of Practice: The Indispensable Credential: No chartered accountant (CA) can enter professional practice without first obtaining a Certificate of Practice from the Institute of Chartered Accountants of India (ICAI). This requirement extends to both domestic and international practice, ensuring consistency and quality across borders. Exemption for Legacy Practitioners: Individuals who were already practicing as registered accountants or holders of restricted certificates before the Act’s commencement were granted a one-month grace period to obtain the Certificate of Practice. Annual Renewal and Fees: To maintain their Certificate of Practice, CAs must pay an annual fee, determined and notified by the ICAI Council. The fee cannot exceed ₹6,000, and payment is due on or before April 1st of each year. Cancellation Under Specific Circumstances: The ICAI Council has the authority to cancel a Certificate of Practice under certain prescribed conditions, upholding professional standards and accountability. Illustrative Examples in the Indian Context: Riya, a newly qualified CA, aspires to start her own practice in Mumbai. Before accepting clients or offering services, she must first apply for and obtain her Certificate of Practice from the ICAI. Aditya, a CA working in a multinational firm in Bangalore, is offered an overseas assignment in Dubai. To practice legally in Dubai, he’ll need to ensure his Certificate of Practice is valid for international practice. A CA firm in Kolkata is found to have engaged in unethical practices. The ICAI Council, upon investigation, may initiate the process of canceling the Certificates of Practice of the CAs involved. By comprehending and adhering to Section 6, CAs in India can confidently navigate the regulatory landscape, uphold professional integrity, and contribute meaningfully to the nation’s financial and economic growth. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida  Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA

Section 6 – The Chartered Accountants Act, 1949 Read More »

Section 5 – The Chartered Accountants Act, 1949

Fellows and Associates (1) The members of the Institute shall be divided into two classes designated respectively as associates and fellows. (2) Any person shall, on his name being entered in the Register, be deemed to have become an associate member of the Institute and be entitled to use the letters A.C.A. after his name to indicate that he is an associate member of the Institute of Chartered Accountants. 1[(3) A member, being an associate who has been in continuous practice in India for at least five years, whether before or after the commencement of this Act, or whether partly before and partly after the commencement of this Act, and a member who has been an associate for a continuous period of not less than five years and who possesses such qualifications as the Council may prescribe with a view to ensuring that he has experience equivalent to the experience normally acquired as a result of continuous practice for a period of five years as a chartered accountant shall, on payment of such fees, as may be determined, by notification2, by the Council, which shall not exceed rupees five thousand and on application made and granted in the prescribed manner, be entered in the Register as a fellow of the Institute and shall be entitled to use the letters F.C.A. after his name to indicate that he is a fellow of the Institute of Chartered Accountants: Provided that the Council may with the prior approval of the Central Government, determine the fee exceeding rupees five thousand, which shall not in any case exceed rupees ten thousand.]   Amendment 1 Substituted, for the following, by the Chartered Accountants (Amendment) Act, 2006 and came into force w.e.f. 8th August, 2006 :– A[“(3) A member, being an associate who has been in continuous practice in India for at least five years, whether before or after the commencement of this Act, or whether partly before and partly after the commencement of this Act, and a member who has been an associate for a continuous period of not less than five years and who possesses such qualifications as the Council may prescribe with a view to ensuring that he has experience equivalent to the experience normally acquired as a result of continuous practice for a period of five years, as a chartered accountant shall, on payment of the prescribed entrance fee, which shall not exceed rupees two hundred in any case, and on application made and granted in the prescribed manner, be entered in the Register as a fellow of the Institute and shall be entitled to use the letters F.C.A. after his name to indicate that he is a fellow of the Institute of Chartered Accountants.”] AThis sub-section (3) was earlier substituted, for the following, by the Chartered Accountants (Amendment) Act, 1959 :- “(3) An associate who has been in continuous practice in India for at least five years, whether before or after the commencement of this Act, or whether partly before and partly after the commencement of this Act, shall, on payment of the prescribed entrance fee which shall not exceed rupees two hundred in any case, and on application made and granted in the prescribed manner, be entered in the Register as a fellow of the Institute and shall be entitled to use the letters F.C.A. after his name to indicate that he is a fellow of the Institute of Chartered Accountants.” 2 For the notification, please see Appendix No. (9). Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida  Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA

Section 5 – The Chartered Accountants Act, 1949 Read More »

Section 4 – The Chartered Accountants Act, 1949

Entry of names in the Register (1) Any of the following persons shall be entitled to have his name entered in the Register, namely :– (i) any person who is a registered accountant or a holder of a restricted certificate at the commencement of this Act; (ii) any person who has passed such examination and completed such training as may be prescribed for members of the Institute; (iii) any person who has passed the examination for the Government Diploma in Accountancy or an examination recognised as equivalent thereto by the rules for the award of the Government Diploma in Accountancy before the commencement of this Act, and who, although not duly qualified to be registered as an accountant under the Auditor’s Certificates Rules, 1932, fulfils such conditions as the Central Government may specify in this behalf;1 (iv) any person who, at the commencement of this Act, is engaged in the practice of accountancy in any 2[Part B State] and who, although not possessing the requisite qualifications to be registered as an accountant under the Auditor’s Certificates Rules, 1932, fulfils such conditions as the Central Government may specify in this behalf;3 4[(v) any person who has passed such other examination and completed such other training without India as is recognised by the Central Government or the Council5 as being equivalent to the examination and training prescribed for members of the Institute: Provided that in the case of any person who is not permanently residing in India, the Central Government or the Council, as the case may be, may impose such further conditions6 as it may deem fit;] (vi) any person domiciled in India who at the commencement of this Act is studying for any foreign examination and is at the same time undergoing training, whether within or without India, or, who, having passed such foreign examination, is at the commencement of this Act undergoing training, whether within or without India: Provided that any such examination or training was recognised before the commencement of this Act for the purpose of conferring the right to be registered as an accountant under Auditor’s Certificates Rules, 1932, and provided further that such person passes the examination or completes the training within five years after the commencement of this Act. (2) Every person belonging to the class mentioned in clause (i) of sub-section (1)) shall have his name entered in the Register without the payment of any entrance fee. 7[(3) Every person belonging to any of the classes mentioned in clauses (ii), (iii), (iv), (v) and (vi) of sub-section (1) shall have his name entered in the Register on application being made and granted in the prescribed manner and on payment of such fees, as may be determined, by notification8, by the Council, which shall not exceed rupees three thousand: Provided that the Council may, with the prior approval of the Central Government, determine the fee exceeding rupees three thousand, which shall not in any case exceed rupees six thousand.] (4) The Central Government shall take such steps as may be necessary for the purpose of having the names of all persons belonging to the class mentioned in clause (i) of sub-section (1) entered in the Register.   Amendment 1 For the Government Notification, please see Appendix No. (3). 2 Substituted for the words, “Acceding State ”by the Part B States (Laws) Act, 1951 (III of 1951) published in Part II Section 1 of the Gazette of India Extraordinary dated 23rd February, 1951. 3 For the Government Notifications, please see Appendix No. (4). 4 Substituted for clause (v) of sub-section (1) of Section 4 given below by the Chartered Accountants (Amendment) Act, 1955, (Act No. 40 of 1955), published in Part II Section 1 of the Gazette of India Extraordinary dated 22nd October, 1955 :- “(v) Any person who has passed such other examination and completed such other training without India as is recognised by the Council as equivalent to the examination and training prescribed for members of the Institute: Provided that in the case of any person who is not permanently residing in India, the Council may prescribe such further conditions as it may think fit;” 5 For the Resolution of the Council, please see Appendices No. (5) and (6). 6 For the Resolution of the Council, please see Appendices No. (5), (6) and (7). 7 Substituted, for the following, by the Chartered Accountants (Amendment) Act, 2006 and came into force w.e.f. 8th August, 2006 :- “(3) Every person belonging to any of the classes mentioned in clauses (ii), (iii), (iv), (v) and (vi) of sub-section (1) shall have his name entered in the Register on application being made and granted in the prescribed manner and on payment of the prescribed fee, which shall not exceed rupees three hundred in any case.” 8 For the notification, please see Appendix No. (8). Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida  Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA

Section 4 – The Chartered Accountants Act, 1949 Read More »

Section 3 – The Chartered Accountants Act, 1949

Incorporation of the Institute (1) All persons whose names are entered in the Register at the commencement of this Act and all persons who may hereafter have their names entered in the Register under the provisions of this Act, so long as they continue to have their names borne on the said Register, are hereby constituted a body corporate by the name of the Institute of Chartered Accountants of India, and all such persons shall be known as members of the Institute. (2) The Institute shall have perpetual succession and a common seal and shall have power to acquire, hold and dispose of property, both movable and immovable, and shall by its name sue or be sued. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida  Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA

Section 3 – The Chartered Accountants Act, 1949 Read More »

Section 2 – The Chartered Accountants Act, 1949

Interpretation (1) In this Act, unless there is anything repugnant in the subject or context,– (a) “associate” means an associate member of the Institute; 1[(aa) “Authority” means the Appellate Authority constituted under Section 22A; (aaa) “Board” means the Quality Review Board constituted under Section 28A]; (b) “chartered accountant” means a person who is a member of the Institute 2[…]; (c) “Council” means the Council of the Institute; 3[(ca) “firm” shall have the meaning assigned to it in section 4 of the Indian Partnership Act, 1932* , and includes, – (i) the limited liability partnership as defined in clause (n) of subsection (1) of section 2 of the Limited Liability Partnership Act, 2008** ; or (ii) the sole proprietorship, registered with the Institute]; (d) “holder of a restricted certificate” means a person holding a permanent or temporary restricted certificate granted by a Provincial Government under the Restricted Certificates Rules, 1932; (e) “Institute” means the Institute of Chartered Accountants of India constituted under this Act; 4[(ea) “notification” means a notification published in the Official Gazette]; 5[(eb) “partner” shall have the meaning assigned to it in section 4 of the Indian Partnership Act, 1932* or in clause (q) of sub-section (1) of section 2 of the Limited Liability Partnership Act, 2008** , as the case may be; (ec) “partnership” means – (A) a partnership as defined in section 4 of the Indian Partnership Act, 1932*; or (B) a limited liability partnership which has no company as its partner]; (f) “prescribed” means prescribed by regulations made under this Act; (g) “Register” means the Register of Members maintained under this Act; (h) “registered accountant” means any person who has been enrolled on the Register of Accountants maintained by the Central Government under the Auditor’s Certificates Rules, 1932; 6[(ha) “specified” means specified by rules made by the Central Government under this Act]; 7[(haa) “sole proprietorship” means an individual who engages himself in the practice of accountancy or offers to perform services referred to in clauses (ii) to (iv) of sub-section (2) ]; 8[(hb) “Tribunal” means a Tribunal established under sub-section (6) of Section 10B;] (i) “year” means the period commencing on the 1st day of April of any year and ending on the 31st day of March of the succeeding year. (2) A member of the Institute shall be deemed “to be in practice”, when individually or in partnership with chartered accountants 9[in practice], 10[or in partnership with members of such other recognised professions as may be prescribed], he, in consideration of remuneration received or to be received,- (i) engages himself in the practice of accountancy; or (ii) offers to perform or performs services involving the auditing or verification of financial transactions, books, accounts or records, or the preparation, verification or certification of financial accounting and related statements or holds himself out to the public as an accountant; or (iii) renders Professional services or assistance in or about matters of principle or detail relating to accounting procedure or the recording, presentation or certification of financial facts or data; or (iv) renders such other services as, in the opinion11 of the Council, are or may be rendered by a chartered accountant 12[in practice]; and the words “to be in practice” with their grammatical variations and cognate expressions shall be construed accordingly. Explanation – An associate or a fellow of the Institute who is a salaried employee of a chartered accountant 13[in practice] or 14[a firm of such chartered accountants or firm consisting of one or more chartered accountants and members of any other professional body having prescribed qualifications] shall, notwithstanding such employment, be deemed to be in practice for the limited purpose of the 15[training of articled assistants].   Amendment 1,4,6&8 Inserted by the Chartered Accountants (Amendment) Act, 2006 and came into force w.e.f. 8th August, 2006. 2 The words, “and who is in practice ”were omitted by the Chartered Accountants (Amendment) Act, 1959. 3,5,7&10 Inserted by the Chartered Accountants (Amendment) Act, 2011 and came into force w.e.f. 1st February, 2012. 9,12&13 Inserted by the Chartered Accountants (Amendment) Act, 1959. 11 Please see Appendix No. (2) and Regulation 191. 14 Substituted for the words, A[“a firm of such chartered accountants] ”by the Chartered Accountants (Amendment) Act, 2011 and came into force w.e.f. 1st February, 2012. ASubstituted for the words, “a firm of chartered accountants ”by the Chartered Accountants (Amendment) Act, 1959. 15 Substituted, for the words, “training of articled clerks ”by the Chartered Accountants (Amendment) Act, 2006 and came into force w.e.f. 8th August, 2006. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida  Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA

Section 2 – The Chartered Accountants Act, 1949 Read More »

Section 1 – The Chartered Accountants Act, 1949

Short title, extent and commencement (1) This Act may be called the Chartered Accountants Act, 1949. 4(2) It extends to the whole of India 5[……..…] (3) It shall come into force on such date as the Central Government may, by Notification in the Official Gazette, appoint in this behalf6.   Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida  Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA

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Webland Telangana

The Webland portal, the Revenue Department of Telangana Government made the land records online. Thereby it is helpful to get all the necessary and accurate data from a single online portal called “WEBLAND”. All lands, the records of which are seeded with Aadhaar number, can be digitally mapped using Google Maps so that the extent of land of respective person could be fixed appropriately in the given survey numbers. Advantages of Webland Telangana Webland Telangana service solves the problem in the distribution of land across the state of Telangana. It is helping the government to use the technology for clearly demarcating the land based on the ownership of the individual persons. Even the common man can use the technology to identify the borders of their land so that they are not using the land possessed by others. This online service is helping the farmers who are having a large quantity of land, and their land is quite close to each other. This feature will help them to detach their land from other farmers. As the new data is always continuously updated, all the details which are available over the portal will be updated with the latest data. Banks in Telangana now utilising the revenue records which are available online to verify the correctness of the records before sanctioning loans to applicant farmers. Services available at Webland Land records Pahanis Pattadar passbooks of all types of lands How to Login to Webland? Step 1: To access the Webland Portal, please click on this URL http://webland.ap.gov.in Step 2: You have to enter the User ID, Password and the District @ Login and click on Login to enter into Home Page of Webland. Once you are successfully logged into the portal, the below homepage, services available in this portal are listed below. Administration Master Directories Landholdings Mutations Report/Checklist Download Land Distribution Report via Webland Telangana Step 1: First visit to the given link. http://webland.ap.gov.in/ Step 2: You have to select your district name, Mandal name, village name, phase name, and after that the survey number. Step 3: After filling this information, you have to click on the generate option. Step 4: Now, you can take the printout. Aadhaar Seeding to Android Application A web-based Android application was developed for Aadhaar seeding to the Khata numbers in Webland database. Instructions to install this app and aadhaar seeding to Khatta number is given here. Khata Number : A Khata is essentially a revenue document, detailing the assessment of a property, recording details about the property such as size, location, built-up area, and so on for payment of property tax. Step 1: Download UID Seeding Android Application (V2.0).The link is available on the home page of Webland. Installation of Android Application Step 2: Click on the .apk file to install the android application. Select Package installer and then install option. Launching of Android Application Step 3: Click on the “UIDSEED Live” icon from the available applications on the device. Step 4: Login into the application To login into the application, you will need to enter the village code (7 digits) of the concerned village, user id and password. Note: The applicant should enable Internet for login for the first time for a village. Step 5: Application will open with the following options. Seed Aadhaar Upload to Aadhaar Dashboard Download Sign out Seeding Aadhaar numbers – Online and Offline Step 6: Click on “Seed Aadhaar” option to view the list Khata numbers pending for Aadhaar seeding as on date in data to Seed Khata number search option also provided to pick up a selected Khata number. Step 7: Click on a particular Khata number to seed the Aadhaar number as shown in the screen. Validations to check the following conditions: Aadhaar number should not be empty if Aadhaar number is available. Aadhaar number should be 12 digits if Aadhaar number is available. Valid Aadhaar number if Aadhaar number available. Mobile number should be 10 digits if mobile number available Step 8: Enter valid Aadhaar number after verifying the name on the Aadhaar card and name in Webland. Step 9: If Aadhaar seeding is not possible, you will need to click the checkbox to select the reason from the drop-down for not seeding the Aadhaar number to that khata number. Step 10: Click on the checkbox, a drop-down enables with the following option. You need to select the appropriate option. Death Double Khatas Non Residential Sold out Non-Traceable Khatedars Notional Khata Land Step 11: Enter the mobile number of Pattadar if a mobile number is available. Step 12: Click on the checkbox if the mobile number not available. Step 13: Click the “Save” button after entering all fields. If internet connection available, the data will be sent to Webland server immediately, and a message as “Aadhaar seeding successfully finished “will be shown on the screen. If internet connection not available, the data will be saved in local memory in the device temporarily until these records synchronized to Webland server after connecting to the internet. Synchronizing Offline data to Server Step 14: Click on “Upload to Server” option to view the list of Khata numbers for which Aadhaar numbers entered offline Step 15: Click on each record to update the data to Webland server. Note: The applicant should enable the Internet for updating the offline data. Download the new records Step 16: Click on “Download option to fetch the new records for Aadhaar seeding from Webland server. Note: The applicant should enable the Internet for downloading the data. Step 17: Before downloading new records, you need to sync all the records in the local database. If records are pending for synchronization, it will ask to redirect to the upload to the server page on clicking “Yes” option. Step 18: If there are no pending records in Upload to Server screen, then, it will ask for downloading new records. Click of “Yes” to download the new and they will be added to the records in seed Aadhaar screen. Step 19: Click on “Dashboard” option to view the seeding progress. Step 20: Click “Sign out” option and then “Yes” to exit from the application. Pattadar Pass Book on Webland Step

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Procedure for Issue of Duplicate Share Certificate

Share certificates issued by the Company are sometimes lost or misplaced by the shareholders due to unforeseen circumstances. The loss of share certificates can lead to huge financial losses for both the shareholders and the company. To avoid unnecessary losses to shareholders and society, the remedy is provided by the central government. When a person loses his/her share certificate, it can lead to a substantial financial loss to the shareholder and the company in which he/she held shares. Thus, to avoid any unnecessary loss to the company and its shareholders, the Companies Act, 2013, provides for the issue of duplicate share certificates under Section 46 and Rule 6(2)(a) to (c) of the Companies (Share Capital and Debentures) Rules, 2014. The Companies Act 2013 contains a provision for the procedure For Issue of Duplicate Share Certificate under section 46 read with rule 6 of the Companies (Share Capital and Debentures) Rules 2014 in the event of loss or misappropriation of the original share certificate Shareholder. What is a share certificate? A company issues the share certificate to assure that a person is the registered owner of the company shares from the date the certificate is issued to that person. The share certificate issued by a company is the prima facie evidence that a person is the owner of the company’s shares. The misplacement and loss of share certificates will affect the shareholders financially, as there will be no proof of their ownership. Thus, the company will issue a duplicate share certificate if the original is misplaced or lost. A company will issue a duplicate share certificate if the original certificate:  Is proved to be lost or destroyed.  Has been mutilated, defaced, or torn and is surrendered to the company. The Company issues a Share Certificate to certify that, from the date, the certificate is issued to a person, that person is the registered owner of Company Shares. A share certificate issued by the Company is prima facie evidence of a member’s ownership of Company Shares. Share certificates proved a person’s ownership in the Company. The loss and misplacement of the Share Certificate will have a financial impact on the Shareholder as there will be no proof of its ownership. The company will issue a duplicate share certificate in case of loss or misappropriation of the original. Mandatory Requirement Exhorting a stockholder for such defiling, mutilating, or ravaging the company. Ration sheets or fractional coupons of the required value are to be handed over to the company. Responsibility of Shareholder The Shareholder should immediately inform the Company of the loss or loss of the Share Certificate. Communication of information can be done by letter to the Company’s address or e-mail can be sent to the Company. Details of lost or misplaced share certificates such as name, address, folio number, and share certificate number. Steps to Follow When a Share Certificate is Lost or Misplaced The shareholders and a company must follow certain steps when a share certificate of a shareholder is lost or misplaced, as provided below. The steps to be taken by shareholders when the share certificate is lost or misplaced are: The shareholder must immediately inform the company about the lost or misplaced share certificate. The communication of the information of the share certificate being lost or misplaced can be done by posting a letter to the company’s address or by emailing the company. The shareholder must provide the details of the lost or misplaced share certificate, like name, folio number, address and share certificate number.    The steps to be taken by a company when the share certificate is lost or misplaced are: When a company receives the information of the lost or misplaced share certificate, it must freeze the share transfer for at least 30 days to prevent any illegal proceeding of the transfer or fraudulent transfer. After completing the required procedure and establishing the shareholder’s identity, the company should guide the shareholder for the issuance of a duplicate share certificate. Documents Required For Issuing the Duplicate Share Certificate Indemnity bond agreement on a non-judicial stamp paper. An affidavit on a non-judicial stamp paper, attested by the Notary Public/Special Executive Magistrate. F.I.R filed with the police containing the following information about the lost share certificate: Name on the share certificate. Share certificate number. Folio number on the share certificate. Distinctive number of shares. Advertisement published in a newspaper about the loss or misplacement of the share certificate. Proof of identity and residence of the shareholder. Duplicate Share Certificate Issue Process The process of issue of a duplicate share certificate is as follows:  The shareholder should make an application for the issue of a duplicate share certificate with the required documents to the company. The documents sent to the company should have the shareholder’s signature whose share certificate is lost or misplaced. When the company receives the application, it will start the process for the issue of a duplicate share certificate. The company must issue the duplicate share certificate with the consent of the company’s board of members. While giving the consent for the issue of a duplicate share certificate, the Board should look into the following matters: The Board should take the fees for the issue of a duplicate share certificate, but the fees should not exceed Rs.50 per share certificate. The out-of-pocket expenses that occurred while investigating the evidence produced by the shareholder should also be considered by the Board while issuing the duplicate share certificate.  After the Board consents to issue a duplicate share certificate, the company will scrutinise all the documents and issue the share certificate to the shareholder. A listed company should issue the duplicate share certificate within 45 days of submitting the documents to the company. An unlisted company should issue a duplicate share certificate within three months of submitting the documents to the company. Once the company issues a duplicate share certificate, entries should be made in the ‘Register of Renewed and Duplicate Share Certificate’ kept in Form SH-2. The duplicate share certificate should contain the

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