I am prensently working in a bank as credit manager and now while doing appraisal of a account, I observed that the last three audit reports were not stamped by the auditors however it was initialled. Further only the notes to accounts were stamped. Please clarify me on the same.

Hi! I have a query in ICAI's PM on Chapter of Professional Ethics. The Question asked is:
"A practicing Chartered Accountant was appointed to represent a company before the tax authorities. He submitted on behalf of his clients certain information and explanations to the authorities, which were found to be false and misleading.Comment with reference to the Chartered Accountants Act, 1949 and schedules thereto."

Institute has given its suggested answer with reference to Clause (5) and (6) of Part I of Second Schedule as follows:
"As per Clause (5) of Part I of Second Schedule to the Chartered Accountant Act, 1949, if a member in practice fails to
disclose a material fact known to him which is not disclosed in a financial statement, but disclosure of which is necessary to make the financial statement not misleading, where he is concerned with that financial statement in a professional capacity, he will be held guilty under Clause (5).
As per Clause (6) of Part I of Second Schedule if he fails to report a material misstatement known to him to appear in a financial statement with which he is concerned in a professional capacity, he will be held guilty under Clause (6).
In given case, the Chartered Accountant had submitted the statements before the taxation authorities. These statements are based on the data provided by the management of the company. Although the statements prepared were based on incorrect facts and misleading, the Chartered Accountant had only submitted them acting on the
instructions of his client as his authorized representative.
Hence the Chartered Accountant would not be held liable for professional misconduct."
In my opinion, we cannot make a reference to Clause (5) and (6) since in the aforesaid question as CA is not at all expressing an opinion on Financial Statements. He is making a representation before IT Authorities. Hence, according to me, the answer should be:
Whenever a chartered accountant prepares any statement or return on behalf of his client for representation before the any authority, he prepares such statement or return only to the best of his knowledge and according to the information and explanations provided to him.
If any information or explanation is not provided to chartered accountant or is falsely provided to chartered accountant, then there is no further responsibility on part of chartered accountant, provided he has exercised reasonable care. But, if he has not exercised due diligence or reasonable care, then he shall be deemed to be guilty of professional misconduct under clause (7) of Part I of Second Schedule to Chartered Accountants Act, 1949.
Hence the Chartered Accountant would not be held liable for professional misconduct in the current case, assuming that he has exercised reasonable care and skill.
Kindly suggest whether ICAI's suggested answer is correct?

Can Carried forward unabsorbed depreciation cannot be set off with
short term capital gains arised by sale of business assets,if so under what section of Act.

Dear Sir

I want to know when the limited companies are required to get their accounts audited under income tax act .i.e the tax audit is done.

Also please suggest that if there is company Pvt Ltd. engaged in hotel business whose food sale turnover is less than Rs. 1 crore and Room rent receipts are more than Rs. 25 Lac but there is net loss of the company then whether the tax audit applies or not????

Thanks & Regards
Ravi Manocha

CAN A CA ACT AS TAX AUDITOR IN RELATIVE FIRM AND BUSINESS OF PROPRIETOR.

can any one explain me with examples what is materiality , performance materiality and tolerable misstatement

Dear Sir

I it compulsory for auditor of the charitable trust to file form 10B for FY 2015-16 ?? Is there any relaxation if form 10B not filed ?

What is penalty for not filing form 10B & also IT Return for FY 2015-16

under sec 24"falsely claiming to be a member" of ca act 1949. i have read under that section that there is a prohibition to use designation chartered accountant for non member of icai. can he use prefix ca.. as i have seen my final students have email ids of prefix name . e.g.cashubham@gmail.com

can a chartered accountant accept parallel position i.e. tax audit as well as statutory audit ?

How can we take 100% examination of land of company during audit