Surrender of cop

This query is : Open

Sanjay Gurnani (Querist)
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22 November 2013 If a CA having COP and he is working with the existing practioner CA, and he is getting professional fees not salary, whether the CA has to surrender the COP or not.
And whether any concept of full time practicing CA and part time practicing CA. If yes can anybody give info on that.
Plz answer my query asap..

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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22 November 2013 Clearify whether working as partner or employee of other practising CA?

Nikhil Kaushik

Nikhil Kaushik (Expert)
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23 November 2013 no need to surrender the COP. in any case you can continue as a paid consultant.

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Sanjay Gurnani

Sanjay Gurnani (Querist)
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23 November 2013 he is working as an employee bt getting professional fees nt salary..

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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23 November 2013 clause 2 of part I of 1st schedule to ca act,1949 gets attracted and employee is guilty of professional misconduct.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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23 November 2013 Dear Tushar,

how does it attached clause 2 of Part I? You are very much allowed to hold COP and be a paid assistant. `

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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23 November 2013 paid assitant is different from sharing of fees with non practicing ca so it will attract.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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23 November 2013 no where in the query the querist has talked about sharing of profits.

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CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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23 November 2013 READ 2 ND LINE...it says professional fees and not salary clearly written.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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23 November 2013 professional fees doesnt amount to sharing of revenue/profit!!!

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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23 November 2013 but when expressly written " not salary" then>?????

Nikhil Kaushik

Nikhil Kaushik (Expert)
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23 November 2013 doesn't matter friend. I can very well work with a practicing CA on professional fee and continue to hold COP.

Other practicing CAs can verify or correct me.

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