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Difference between Chartered Accountant & Tax Practitioner

Page no : 2

swajan.... (advocate - F.C.M.A LL.M)     25 August 2011

My dear friend PRM,

You must be aware that most of the professions, now a days is backed by systematic qualifications and recognised by one or other councils, like MCI, BCI, ICWAI, ICAI, ICSI, DCI, HCI etc. They form and recognise a syllabus that suits the requirement of the demanded services of the business the society etc.

You are stating yourself that one having inadequite formal qualification and at the same time you are also stating he is quite experience. You have to understand that, to deal with a formal authority a person must have a legal stamp, whether he knows the subject or not (unfortunately in all places a formal recognised quailification is first looked into before knowledge).

Yes, if someone considered himself an expert ( I said "himself an expert" because since he does not possessses a formal certificate he can not be said to accepted by others.) he can act as a consultant, but his way would be too tough.

Hope matter clarified.

Regards 

prm (.)     25 August 2011

Swajan,

Thank you for replying.You said that if someone considered himself an expert........ he can start as an consultant.

Now, if this person without any registeration with any authority and edu qualifications start as a consultant, will it wrong in eyes of law ?

Any person without any Qualification and registeraion can act as a consultant without inviting any penal charges from GOVT ?

I thank you once again. Please do help.
 

swajan.... (advocate - F.C.M.A LL.M)     26 August 2011

dear friend,

'Consulant means you are advising' - if some one comes to you for prudent advise and pay for your prudency, where your objecive was to create beneficial situation for the client in good faith, you are not doing wrong for which you should be prosected.

Refer Constitution of india  (Aricle 16, 19, 39 & No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith ).

How ever, you can not represent to any bar or court of jusice.

Honestly, you have the same rights as a CA, or CWA other than doing VAT Audit.

SMILE (.)

1 Like

prm (.)     27 August 2011

Dear SWAJAN,

Nice to see that a consultant will have same rights and he will not be prosecuted for doing consultancy. However, are you sure?

Yes, even if a consultant will not be allowed to represent no problem , but he can do "cosnultany" and by doing so he is not comiitting any illegal thing ?

are u sure

swajan.... (advocate - F.C.M.A LL.M)     27 August 2011

See how lack of confidence is  link to formal  qualificains and training :). Just judge the question, and observe , how silly it is.

Sadashiv Rupchand Gaikwad (Partner)     10 September 2011

Knowledge is another thing apart from Degree.Chartered Accountant is a registered member of Institue of CA India.Tax Practioners is independent Professionally engeged person, who may have much than CA, Now Profession is part of daily and continuous toching part.There is a lager/ plenty of sub fields in the Legal profession. PerhapsTax Consultants may have regular contact with Taxation Authority.Some CA not haivng knowldege of How to Patav. Some are shy. Some CA are not wanted to take risk.Some CA are fear about their COP.In the audited case you must take Signature on Auditreport only Fully time Chartered Accountant. As on Tax Audit and Compay Law only CA can make audit.Some Banks may ask Singnature of CA on finnaical Statements. In case of Insurrance claim, Subsidy purpose CA is must.

Harish Makkar (Managing Director)     24 May 2012

It is the case in Mumbai where an Advocate has filed a case against Income Tax Commissioner as he has rejected the Tax audit report on the plea that the tax report was signed by an advocate and not a CA.I can not think that this type of case could be occered.

DR. KANHAYALAL SHARMA (TAX CONSULTANTS)     24 May 2012

Tax Practitioner is a general term and can mean a Lawyer, Chartered accountant, or even a commerce graduate practicing tax. I have seen people almost illilerate practising tax by way of either getting powers of attorney or authorisation as a staff of the firm to appear and represent in matters. There is no such basis qualification for a Tax Practitioner but knowledge and experience is what gets you clients. However generally C.A. and lawyers practise tax. 

C. P. CHUGH (Practicing Lawyer)     30 May 2012

Have Seen the entire discussion and noticed that lengthy discussion has eaten away the original question.

" What is the difference between a Chartered Accountant and a Tax Practioner"

Tax practioner is a wide term and include any person who practices taxation branch of law, whether he is a CA, lawyer of Income-tax Practioner (ITP) as defined in section 288(iv) of the Act. whereas the Chartered Accounant is a person who has qualified the exam of accountancy held by the :Institute of Chartered accountant of India" and has been enrolled as member of the Insititute. He is further required to obtain trom the institure a certificate of practive in case he wishes to practice.

CA is mainly entrusted with the work of accountancy incuding its audit. Many of them also practice. A lawyer on the other hand has an option to practive in any branch of law whether civil, criminal, family law, labour laws and direct and indirect taxation. CAs are allowed to practice only in the taxation branch of law and that too upto the level of quasi judical authorities such as Assessing Officer, Commissioner (Appeal) and ITAT but the lawyers on the other hand can practice upto the highest level of Supreme Court.

Mandeep Singh (member)     11 June 2013

sir main difference between Advocate & chartered Accountant is that ADVOCATES ARE ONLY RECOGNIZED LAW PROFESSIONAL CLASS U/S 29 OF ADVOCATES ACT 1961. CHARTERED ACCOUNTANTS are not a law professional class. THEY ARE ONLY ACCOUNTANCY PROFESSIONALS U/S 32 OF CHARTERED ACCOUNTANT ACT 1949. LEGAL SERVICES BY THEM ARE ILLEGAL AS PER LATEST INTERIM ORDER OF SUPREME COURT IN TAXATION MATTERS.

Mandeep Singh (member)     21 August 2013

dear prm,

                    you can't give consultancy services on legal matters without enrolled as an advocate with state bar council of any state or BCI.

                REASON  " PRACTICE OF LAW" includes litigation as well as non litigation matters as per in AK BALA JI CASE BY  HONORABLE   SUPREME COURT.

I f any person providing legal service than he can prosecuted u/s 45 of advocates act 1961.

Satyendra Singh Kandari (Proprietor)     29 August 2014

Strangely few advocates while commenting on the question either don't remember provisions of Advocate Act 1961 or they fail to interpret it correctly. Laws on some subjects not only requires knowledge of interpretation of law but much more than that. These subjects require specialized knowledge hence appropriate provisions has been made in the respective laws to facilitate other professionals to practice especially matters relating to question of facts. No other professional can deal questions of law than an advocate. That's why Chartered Accountants are not allowed to appear in High courts and Supreme court in any tax matter.  Kindly read Section 33 of Advocate Act carefully which is reproduced here under:

33. Advocates alone entitled to practise.— Except as otherwise provided in this Act or in any other law for the time being in force, no person shall, on or after the appointed day, be entitled to practise in any court or before any authority or person unless he is enrolled as an advocate under this Act.

One thing more, Indian Chartered Accountants are well known worldwide for their knowledge, high standard of professional competence and integrity. Chartered Accountants get their certificate of membership only after passing an unmatched standard of exam and practical training. The standard can be better judged by appearing in any single paper of direct or indirect taxation. 

Divya jain   12 November 2022

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