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Vocation of Coaching is not confined to any profession- CA imparting coaching is not rendering professional services of CA

Other Topics - By: - CA DEV KUMAR KOTHARI - Dated:- 1-8-2016 Last Replied Date:- 1-8-2016 - Coaching or tuitions not professional activity of a particular profession: Coaching of any subject is not confined to any profession. A person having knowledge of any subject and art of teaching can impart tuition and coaching on the subject in which he has knowledge. CA,CS and CMA: Profession of CA , CMA and CS are recognized as professions in respective fields. These professions are regulated by respect .....

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concerning to the profession. Imparting of tuitions or coaching are not such reserved activities for any of these professions. A person having knowledge in any subject for studies of these course can impart tuition or coaching to students. For example, a college lecturer of commerce or even a person having thorough knowledge in any subject can impart tuition and coaching. Therefore, imparting of tuition or running a coaching centre even for students of CA, CS,,CMA is not specifically reserved f .....

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certificate of practice is held by him. A person can hold only one such certificate, even if he is qualified for all three professions. To this extent restriction can be called reasonable. However, placing many other restrictions are not reasonable and have not changed with time. Therefore, restriction on any other activity is not a reasonable restriction. A person who have knowledge and expertise can engage in other vocations if he has time, interest and resources. Why to impose a restriction .....

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es and volume. Professionals like CA, CS, CMA are barred from advertising their activities and achievements (except in some limited manners permitted by respective councils of the institutes). The restrictions are unreasonable and harsh in the present era of fast information and possibilities of doing work from anywhere and for clients situate anywhere. With changes in time, increasing numbers of professionals, it is high time that marketing including advertisement and publicity must be allowed .....

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aking that he will not carry profession of accountancy till next hearing. However, in meantime Vinod Gupta issued advertisement for his coaching classes for students of CA. Therefore, Harpal Singh Dhingra made another petition alleging contempt of court contending that the respondent has wilfully violated the statement given to the Court on 14.03.2016 in W.P.(C) No.2130/2016. During the hearing of the said petition on 14.03.2016, the respondent herein (petitioner in the said petition) gave the f .....

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d to be in practice , whether individually or in partnership with chartered accountants in practice, he, in consideration of remuneration received or to be received - (i) engages himself in the practice of accountancy; or (ii) offers to perform or performs services involving the auditing or verification of financial transactions, books, accounts, or records or the preparation, verification or certification of financial accounting and related statements or holds himself out to the public as an ac .....

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ms of Section 2 (2) of the act, when a person engages himself in the practice of accountancy, offers to perform or performs services involving the auditing or verification of financial transactions, books, accounts, or records or the preparation, verification or certification of financial accounting and related statements or holds himself out to the public as an accountant, renders professional services or assistance in or about matters of principle or detail relating to accounting procedure or .....

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d accountancy. In the said advertisements, there is nothing the respondent was offering to render services of auditing or verification of financial transactions, books, accounts, or records or any services related to accounting procedure or recording presentation or certification of financial facts or data etc. It was further contended that the respondent along with his name is mentioning CA , which implies that he is offering the services of the accountancy and representing himself as Chartered .....

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.03.2016, because the Board of Discipline of Institute of Chartered Accountants of India had held the respondent guilty of other misconduct . d. The punishment was still to be awarded. The punishments that could be awarded were removal, suspension or reprimand. e. The respondent has been awarded the punishment of reprimand and has neither been suspended nor removed from the rolls of the Institute of Chartered Accountants of India. f. Advertisements offering to take coaching classes and to impart .....

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CA. This can be impliedly understood that a member of ICAI can carry coaching and it will not violate scope of professional activities. Requests to the councils of three institutes: It is high time that institutes like ICAI, ICSI and ICMAI must change their approach with change in times and technology. The members of these institutions whether holding certificate of practice or not must be allowed diversification of activities where the knowledge and expertise can be use fully applied and for th .....

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