Sec 25 (1) of ICWAI Act Sec 24A of ICAI Act

This discussion is constructive appraisal of Accountancy in India and Accountancy Bodies have on the business. The focus will be from point of view of public interest and other stakeholders. Members are expected to discuss from point of view of current legislation prevailing in India and also contrast with international practises.

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This discussion is constructive appraisal of Accountancy in India and Accountancy Bodies have on the business. The focus will be from point of view of public interest and other stakeholders. Members are expected to discuss from point of view of current legislation prevailing in India and also contrast with international practises.

This is a open forum. Please share your opinion in professional manner or else face moderation.

Sec 25 (1) of ICWAI Act Sec 24A of ICAI Act

Postby santoshputhran on Tue Jul 14, 2009 3:15 pm

This is from ICWAI Act

25. (1) Save as otherwise provided in this Act, no person shall,—

(i) use a name or a common seal which is identical with the name or the common seal of the Institute or so nearly resembles it as to deceive or as is likely to deceive the public;
(ii) award any degree, diploma or certificate or bestow any designation which indicates or purports to indicate the position or attainment of any qualification or competence in cost accountancy similar to that of a member of the Institute; or
(iii) seek to regulate in any manner whatsoever the profession of cost and works accountants.


Section 24 of ICAI Act

[24A. Penalty for using name of the Council, awarding degree of chartered accountancy, etc.

(1) Save as otherwise provided in this Act, no person shall—

(i) use a name or the common seal which is identical with the name or the common seal of the Institute or so nearly resembles it as to deceive or as
is likely to deceive the public;
(ii) award any degree, diploma or certificate or bestow any designation which indicates or purports to indicate the position or attainment of any qualification or competence similar to that of a member of the Institute; or
(iii) seek to regulate in any manner whatsoever the profession of chartered accountants.

How do you interpret these provisions under respective Acts ? Share your views.

Regards,
CMA Santosh Puthran
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Re: Sec 25 (1) of ICWAI Act Sec 24A of ICAI Act

Postby Sanket on Tue Jul 14, 2009 4:01 pm

The competency of Cost accountants is Cost accountancy and that of Chartered accountants anything below the sky.
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Re: Sec 25 (1) of ICWAI Act Sec 24A of ICAI Act

Postby bvprabhakar on Tue Jul 14, 2009 4:50 pm

Chartered Accountants Act was passed in the year 1949, while CWA Act was passed in the year 1959.

While passing CWA Act, the CA Act should also have been amended suitably to make a distinction between financial accountant and cost accountant.

However, the Govt has either omitted to do this (or) there would hv been deliberate omission by vested interests to create an ambiguity.

The result is there for all to see.

Now the perception that is created is that CA is means accountant (all inclusive) while CWA means a cost accountant restricted to works.
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Re: Sec 25 (1) of ICWAI Act Sec 24A of ICAI Act

Postby anwarcma on Tue Jul 21, 2009 9:20 am

How does this apply to professional practice of ICWA/CA?
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Re: Sec 25 (1) of ICWAI Act Sec 24A of ICAI Act

Postby aditya2212 on Fri Aug 14, 2009 3:36 pm

i think if we amend the second point from ....
purports to indicate the position or attainment of any qualification or competence in cost accountancy similar to that of a member of the Institute;


to

award any degree, diploma or certificate or bestow any designation which indicates or purports to indicate the position or attainment of any qualification or competence similar to that of a member of the Institute

itll be a winning shot.
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