Clause 7 of part i of first schedule to chartered accountants act, 1949
PRANAV P ASHTIKAR
(Querist) 04 December 2012
This query is : Resolved
Under Clause 7 of Part I of First Schedule to Chartered Accountants Act, 1949, a CA in practice is deemed to be held guilty of professional misconduct if he advertises his professional attainments or services or uses any designation or expressions other than 'Chartered Accountant' on professional documents, visiting cards, letterheads or sign boards unless it be a degree of a University established by law in India or recognised by Central Government or a title indicating membership of ICAI or of any other institution that has been recognised by Central Government or may be recognised by the Council of ICAI. The professional ethics of CA's further states that Chartered Accountants in practice who are OTHERWISE eligible, MAY PRACTICE AS ADVOCATES SUBJECT TO THE PERMISSION OF BAR COUNCIL. However, they should not use designation 'Chartered Accountant' for matters involving the practice as an advocate. My queries are: -
1. Is it really possible for a person to practice as Chartered Accountant & Advocate at a same time?
2. If the answer to above query is in affirmative, what are the guidelines of Bar Council of India in this regard?
3. Is there any professional limitation stipulated by Bar Council of India for practicing Chartered Accountants who are also practicing as Advocates? For example, an Advocate who is also a practicing Chartered Accountant can appear in the Court of Law for corporate & tax law matters only. Such Advocate cannot practice in criminal law.
4. What are the provisions in the Advocates Act in this regard?
ajay sethi
(Expert) 04 December 2012
no you cannot practise simultaneously as an CA and Advocate .you have to relinqish your right to practise as CA if you want to practise as an advocate .
bar council does not permit you to practise as CA and as an advocate
Section 29 of the Advocates Act, 1961 provides that advocates would be
the only class of persons to "practice the profession of law". Section 33 of
the Advocates Act bars any other professional to practice in any court or
before any authority etc. Section 49 of the Advocates Act gives general
powers to the Bar Council of India to make such rules. Under this power
the Bar Council of India has framed the rules which prohibits an advocate
from engaging in any other profession other than practising the profession
of law.
Raj Kumar Makkad
(Expert) 04 December 2012
1. No as bar Council has not permitted.
2. NA
3. No such question arises after reading the reply of your query no. 1.
4. As replied by Ajay. Section 29 & 33 of Advocates act, 1961 are relevant in this regard.
Truly speaking this is nothing but an academic query.
PRANAV P ASHTIKAR
(Querist) 04 December 2012
I am in agreement with the opinion expressed by respected experts. Clause 11 of Part I of First Schedule to Chartered Accountants Act, 1949 also makes a provision similar to Sec. 29 & 33 of Advocates Act, 1961. The confusion was created due to the interpretation taken by some auditors that Part I of First Schedule to CA Act, 1949 applies only to CA's in practice & since CA in practice can use designation Advocate subject to permission of Bar Council. There is no case law detailing any such previous incidents. Even the Council of ICAI has not issued any clarification in this regard. I am thankful to Ajay Sethi Sir & Raj Kumar Makkad Sir for their opinion.
Raj Kumar Makkad
(Expert) 04 December 2012
I praise Ashtikar for searching the relevant provisions from CA Act relevant for this query.
