Appendix No-34 – The Chartered Accountants Act, 1949
Issued under the provisions of The Chartered Accountants Act, 1949 Chapter I Preliminary 1.0 Short title, commencement, etc. (a) These Guidelines have been issued by the Council of the Institute of Chartered Accountants of India under the provisions of The Chartered Accountants Act, 1949, as amended by The Chartered Accountants (Amendment) Act 2006, in supersession of the Notifications issued by the Council under erstwhile Clause (ii) of Part II of the Second Schedule to the Chartered Accountants Act, 1949. (b) These Guidelines be called the ’Council General Guidelines, 2008′. 1.1 Definitions 1.1.1 For the purpose of these Guidelines: (a) ‘Act’ means the Chartered Accountants Act, 1949. (b) “Chartered accountant ”means a person who is a member of the Institute. (c) “Council ”means the Council of the Institute constituted under Section 9 of the Act. (d) “Institute ”means the Institute of Chartered Accountants of India constituted under the Act. 1.1.2 All other words and expressions used but not defined herein have the same meaning as assigned to them within the Chartered Accountants Act, 1949 and the Rules, Regulations and Guidelines made thereunder. 1.2 Applicability of the Guidelines These guidelines shall be applicable to all the Members of the Institute whether in practice or not wherever the context so requires. Chapter II Conduct of a Member being an employee 2.0A member of the Institute who is an employee shall exercise due diligence and shall not be grossly negligent in the conduct of his duties. Chapter III Appointment of a Member as Cost auditor 3.0A member of the Institute shall not accept:- (i) The appointment as Cost auditor of a Company under Section 233B of the Companies Act, 1956 while he- (a) is an auditor of the Company appointed under Section 224 of the Companies Act or (b) is an officer or employee of the Company; or (c) is a partner, of any employee or officer of the Company; or (d) is a partner or is in the employment of the Company’s auditor appointed under Section 224 of the Companies Act, 1956; or (e) is indebted to the Company for an amount exceeding one thousand rupees, or has given any guarantee or provided any security in connection with the indebtedness of any third person to the Company for an amount exceeding one thousand rupees; or (ii) After his appointment as Cost Auditor, he becomes subject to any of the disabilities stated in items (i) (a) to (e) above and continues to function as a cost auditor thereafter. 3.1 A member of the Institute in practice shall not accept the appointment as auditor of a Company under Section 224 of the Companies Act, 1956, while he is an employee of the cost auditor of the Company appointed under Section 233B of the Companies Act, 1956. Chapter IV Opinion on financial statements when there is substantial interest 4.0A member of the Institute shall not express his opinion on financial statements of any business or enterprise in which one or more persons who are his “relatives ”within the meaning of Section 6 of the Companies Act, 1956 have, either by themselves or in conjunction with such member, a substantial interest in the said business or enterprise. Explanation –For this purpose and for the purpose of compliance of Clause (4) of Part I of the Second Schedule to the Chartered Accountants Act, 1949, the expression “substantial interest ”shall have the same meaning as is assigned thereto under Appendix (9) to the Chartered Accountants Regulations, 1988. Chapter V Maintenance of books of accounts 5.0A member of the Institute in practice or the firm of Chartered Accountants of which he is a partner, shall maintain and keep in respect of his / its professional practice, proper books of account including the following:- (i) a Cash Book; (ii) a Ledger. Chapter VI Tax Audit assignments under Section 44 AB of the Income-tax Act, 1961 6.0A member of the Institute in practice shall not accept, in a financial year, more than the “specified number of tax audit assignments ”under Section 44AB of the Income-tax Act, 1961. Provided that in the case of a firm of Chartered Accountants in practice, the “specified number of tax audit assignments ”shall be construed as the specified number of tax audit assignments for every partner of the firm. Provided further that where any partner of the firm is also a partner of any other firm or firms of Chartered Accountants in practice, the number of tax audit assignments which may be taken for all the firms together in relation to such partner shall not exceed the “specified number of tax audit assignments ”in the aggregate. Provided further that where any partner of a firm of Chartered Accountants in practice accepts one or more tax audit assignments in his individual capacity, the total number of such assignments which may be accepted by him shall not exceed the “specified number of tax audit assignments ”in the aggregate. 6.1 Explanation – For the above purpose, “the specified number of tax audit assignments ”means – (a) in the case of a Chartered Accountant in practice or a proprietary firm of Chartered Accountant, 45 tax audit assignments, in a financial year, whether in respect of corporate or non-corporate assesses. (b) in the case of firm of Chartered Accountants in practice, 45 tax audit assignments per partner in the firm, in a financial year, whether in respect of corporate or non-corporate assesses. 6.1.1 In computing the “specified number of tax audit assignments ”each year’s audit would be taken as a separate assignment. 6.1.2 In computing the “specified number of tax audit assignments”, the number of such assignments, which he or any partner of his firm has accepted whether singly or in combination with any other Chartered Accountant in practice or firm of such Chartered Accountants, shall be taken into account. 6.1.3 The audit of the head office and branch offices of a concern shall be regarded as one tax audit assignment. 6.1.4 The audit of one or more branches of the same concern by one Chartered Accountant in practice shall be construed as only one tax audit assignment. 6.1.5 A Chartered Accountant being a part time practicing partner of a firm shall not be taken into account for the purpose of reckoning the tax audit assignments of the firm. 6.1.6 A Chartered Accountant in practice shall maintain a record of the tax audit assignments accepted by him in each financial year in the format as may be prescribed by the Council. Chapter VII Appointment of an Auditor in case of non-payment of undisputed fees 7.0A member of the Institute in practice shall not accept the appointment as auditor of an entity in case the undisputed audit fee of another Chartered Accountant for carrying
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