Noc from ca
This query is : Resolved
20 June 2013
I HAVE AUDITED MY BOOKS FOR A.Y 12-13 & OBTAIN REPORT & SINGED B/S FROM MY C.A.
FOR SOME PURCHASE RETURN NOT TAKEN IN ACCOUUNTS WE FILEED REVISED RETUN ,
NOW I HAVE TO CHANGE ME CA BUT HE DENIED FOR SIGNING REVISED BALANCSHEET PAPERS . PAYMENT IS OUSTSANDING. IF WE DONT MAKE PAYMENT HE WILL NOT GIVE NOC.
HE ARGUE THAT SAME CA CAN NOT SIGNED IN ORIGINAL & REVISED RETURN. IT IS RESPOSIBILITY OF CA WHAT HE HAD VERIFY.
MY QUERY IS
IT IS CMPLSRY TO OBTAIN NOC FROM OLD CA
IS THERRE ANY RULE THAT CA CAN NOT SINGED IN REVISED BALANCE SHEET.
WHAT ARE LEGAL ASPECTS IN THIS REGARD
CAN I COMPLAINT IN CA INSTITUE IN THIS MATTER..
PLZ SUGGEST RIGID RULLING FOR REVISED RETURN & BALNCE SHEET MATTER.
THANKS IN ADVANCE
FOR SOME PURCHASE RETURN NOT TAKEN IN ACCOUUNTS WE FILEED REVISED RETUN ,
NOW I HAVE TO CHANGE ME CA BUT HE DENIED FOR SIGNING REVISED BALANCSHEET PAPERS . PAYMENT IS OUSTSANDING. IF WE DONT MAKE PAYMENT HE WILL NOT GIVE NOC.
HE ARGUE THAT SAME CA CAN NOT SIGNED IN ORIGINAL & REVISED RETURN. IT IS RESPOSIBILITY OF CA WHAT HE HAD VERIFY.
MY QUERY IS
IT IS CMPLSRY TO OBTAIN NOC FROM OLD CA
IS THERRE ANY RULE THAT CA CAN NOT SINGED IN REVISED BALANCE SHEET.
WHAT ARE LEGAL ASPECTS IN THIS REGARD
CAN I COMPLAINT IN CA INSTITUE IN THIS MATTER..
PLZ SUGGEST RIGID RULLING FOR REVISED RETURN & BALNCE SHEET MATTER.
THANKS IN ADVANCE
20 June 2013
r/sir
you obtian audit report from
CA and without taking revised audit report
you can not revise audit report of CA.
at present if your case of income tax select for securtiny .
you face problem, due to you already write that CA is not agree for revised audit reprot.
secondly you can change your CA.
but new CA without old CA premission can not do your audit.
you obtian audit report from
CA and without taking revised audit report
you can not revise audit report of CA.
at present if your case of income tax select for securtiny .
you face problem, due to you already write that CA is not agree for revised audit reprot.
secondly you can change your CA.
but new CA without old CA premission can not do your audit.
20 June 2013
Agree with Rupesh Jain
20 June 2013
Rupesh sir,
Plz clear one doubt, original return filled with orginal audit repor.
Revised return is filled same audit report with change in Balance sheet Data. With concern of c.a.
As per C.A opinion audit report is not revised only blance sheet & profit & losss account changed.
Now he said he will not signed revises balance sheet.
In case how i check my op bls with rerised data.
& what is other way for such discripancy.
Plz clear one doubt, original return filled with orginal audit repor.
Revised return is filled same audit report with change in Balance sheet Data. With concern of c.a.
As per C.A opinion audit report is not revised only blance sheet & profit & losss account changed.
Now he said he will not signed revises balance sheet.
In case how i check my op bls with rerised data.
& what is other way for such discripancy.
03 August 2024
Navigating issues with your Chartered Accountant (CA) regarding the signing of revised financial documents can be challenging. Here’s a breakdown of the concerns and potential actions you can take:
### 1. **Is It Compulsory to Obtain NOC from the Old CA?**
- **Not Legally Required:** There is no legal requirement that explicitly mandates obtaining a No Objection Certificate (NOC) from your old CA before a new CA can sign revised financial statements or tax returns. However, in practice, an NOC or a similar letter might be requested by the new CA to ensure there are no outstanding issues.
### 2. **Can the Same CA Sign Both Original and Revised Returns?**
- **Yes, It Is Possible:** A CA can sign both the original and revised returns. However, the CA’s refusal to sign the revised balance sheet might be based on their internal policies or disagreements regarding the accuracy of the revised data.
### 3. **Legal Aspects and Complaints:**
- **Professional Standards:** CAs are governed by the rules and guidelines set by the Institute of Chartered Accountants of India (ICAI). If your CA is refusing to sign revised documents without a valid reason, this might be a breach of professional standards.
- **Complaints to ICAI:** You can file a complaint with ICAI if you believe the CA’s conduct is unprofessional or if they are unreasonably withholding the NOC. ICAI will investigate such complaints and provide guidance based on the findings.
### 4. **Revised Returns and Balance Sheets:**
- **Audit Report and Revised Balance Sheet:** If the balance sheet and profit & loss account data have been revised but the audit report itself has not been altered, it is generally acceptable. However, the revised balance sheet should ideally be signed off by the CA to reflect accuracy and compliance.
- **Checking Your Opening Balances:** To verify opening balances with revised data, you need to ensure that the revised balance sheet correctly reflects all adjustments. This involves comparing the revised figures with the figures from the previous period and ensuring all changes are accurately recorded.
### 5. **Steps to Resolve Discrepancies:**
1. **Clarify with CA:** Seek a detailed explanation from your CA regarding why they refuse to sign the revised balance sheet. There might be valid reasons or misunderstandings that can be resolved through discussion.
2. **Consult a New CA:** Engage a new CA and discuss the situation. They might be able to provide guidance on how to handle the discrepancies and whether they can provide an opinion based on the revised figures.
3. **Review Audit Reports:** Ensure that all revisions are properly documented and that the revised figures are consistent with the audit standards. If the old CA refuses to sign, the new CA might need to review and re-certify the revised documents.
4. **File a Complaint:** If you believe the old CA is acting unethically or unprofessionally, file a formal complaint with ICAI for resolution.
### Sample Complaint Letter to ICAI:
---
**[Your Letterhead]**
**Date:** [Insert Date]
**To,**
**The Secretary,**
**Institute of Chartered Accountants of India (ICAI),**
**[ICAI Office Address]**
**[City, State, PIN Code]**
**Subject:** Complaint Against Chartered Accountant Regarding Signing of Revised Financial Documents
Dear Sir/Madam,
I am writing to lodge a complaint against [CA’s Full Name], a member of your institute, regarding their refusal to sign revised balance sheet papers for the Assessment Year 2012-13.
Despite having audited my books and signed the original balance sheet and audit report, [CA’s Full Name] is now denying to sign the revised balance sheet and related documents. The refusal appears to be based on a claim that the same CA cannot sign both original and revised documents, which is not aligned with professional standards. Additionally, there are outstanding payments, which [CA’s Full Name] has indicated as a reason for their refusal.
Given the circumstances, I seek your intervention to address this issue and provide guidance on how to proceed. I have also sought the assistance of a new CA, who has confirmed that the revised documents are in order and should be signed.
Please find attached the relevant documents, including communication with the CA and the revised financial statements.
Thank you for your attention to this matter. I look forward to your guidance and resolution.
Yours sincerely,
**[Your Full Name]**
**[Your Contact Information]**
**[Your Address]**
**[Your PAN Number/Other Relevant Details]**
---
This letter will help formally raise your issue with ICAI and seek their intervention in resolving the dispute.
### 1. **Is It Compulsory to Obtain NOC from the Old CA?**
- **Not Legally Required:** There is no legal requirement that explicitly mandates obtaining a No Objection Certificate (NOC) from your old CA before a new CA can sign revised financial statements or tax returns. However, in practice, an NOC or a similar letter might be requested by the new CA to ensure there are no outstanding issues.
### 2. **Can the Same CA Sign Both Original and Revised Returns?**
- **Yes, It Is Possible:** A CA can sign both the original and revised returns. However, the CA’s refusal to sign the revised balance sheet might be based on their internal policies or disagreements regarding the accuracy of the revised data.
### 3. **Legal Aspects and Complaints:**
- **Professional Standards:** CAs are governed by the rules and guidelines set by the Institute of Chartered Accountants of India (ICAI). If your CA is refusing to sign revised documents without a valid reason, this might be a breach of professional standards.
- **Complaints to ICAI:** You can file a complaint with ICAI if you believe the CA’s conduct is unprofessional or if they are unreasonably withholding the NOC. ICAI will investigate such complaints and provide guidance based on the findings.
### 4. **Revised Returns and Balance Sheets:**
- **Audit Report and Revised Balance Sheet:** If the balance sheet and profit & loss account data have been revised but the audit report itself has not been altered, it is generally acceptable. However, the revised balance sheet should ideally be signed off by the CA to reflect accuracy and compliance.
- **Checking Your Opening Balances:** To verify opening balances with revised data, you need to ensure that the revised balance sheet correctly reflects all adjustments. This involves comparing the revised figures with the figures from the previous period and ensuring all changes are accurately recorded.
### 5. **Steps to Resolve Discrepancies:**
1. **Clarify with CA:** Seek a detailed explanation from your CA regarding why they refuse to sign the revised balance sheet. There might be valid reasons or misunderstandings that can be resolved through discussion.
2. **Consult a New CA:** Engage a new CA and discuss the situation. They might be able to provide guidance on how to handle the discrepancies and whether they can provide an opinion based on the revised figures.
3. **Review Audit Reports:** Ensure that all revisions are properly documented and that the revised figures are consistent with the audit standards. If the old CA refuses to sign, the new CA might need to review and re-certify the revised documents.
4. **File a Complaint:** If you believe the old CA is acting unethically or unprofessionally, file a formal complaint with ICAI for resolution.
### Sample Complaint Letter to ICAI:
---
**[Your Letterhead]**
**Date:** [Insert Date]
**To,**
**The Secretary,**
**Institute of Chartered Accountants of India (ICAI),**
**[ICAI Office Address]**
**[City, State, PIN Code]**
**Subject:** Complaint Against Chartered Accountant Regarding Signing of Revised Financial Documents
Dear Sir/Madam,
I am writing to lodge a complaint against [CA’s Full Name], a member of your institute, regarding their refusal to sign revised balance sheet papers for the Assessment Year 2012-13.
Despite having audited my books and signed the original balance sheet and audit report, [CA’s Full Name] is now denying to sign the revised balance sheet and related documents. The refusal appears to be based on a claim that the same CA cannot sign both original and revised documents, which is not aligned with professional standards. Additionally, there are outstanding payments, which [CA’s Full Name] has indicated as a reason for their refusal.
Given the circumstances, I seek your intervention to address this issue and provide guidance on how to proceed. I have also sought the assistance of a new CA, who has confirmed that the revised documents are in order and should be signed.
Please find attached the relevant documents, including communication with the CA and the revised financial statements.
Thank you for your attention to this matter. I look forward to your guidance and resolution.
Yours sincerely,
**[Your Full Name]**
**[Your Contact Information]**
**[Your Address]**
**[Your PAN Number/Other Relevant Details]**
---
This letter will help formally raise your issue with ICAI and seek their intervention in resolving the dispute.
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