Practice CA and Law simultaneously
Rahul Lathi
(Querist) 18 November 2010
This query is : Resolved
I have completed my CA a year ago and this year I completed my Law graduation. I prefer to practice as a lawyer on appellate side in tax litigations.
The Institute of Chartered Accountants of India allows to practice both professions. But I am not sure about the stand of Bar Council of India in this regard.
Can I practice both professions simultaneously ? Please guide.
Heaven 2011
(Expert) 18 November 2010
Bar council will not allow to practice both.
Rahul Lathi
(Querist) 18 November 2010
Thanks Sir for the answer.
Parthasarathi Loganathan
(Expert) 18 November 2010
A CA with a law degree will always hold upper hand in the practice as a Chartered Accountant. All the best young man.
R.Ramachandran
(Expert) 18 November 2010
Dear Mr. Rahul,
You say "The Institute of Chartered Accountants of India allows to practice both professions."
Can you please indicate exactly as to which provision of the ICAI allows to practice both professions.
Kumar Krishan Agarwal Advocate
(Expert) 19 November 2010
1. Both the profession are different and I don't understand what you want to be
a). Good C.A for company works
Or
b). Good lawyer for private clients.
If you think that one case I get from C.A & another second case I get from Law Work then you are mess up your life and all makes jumble to know in which you are best.
2. C.A doesn't make any help in Law and Law doesn't require C.A.
3. Taxation matters are very wide & purely of Tax Law and it not require C.A
Rahul Lathi
(Querist) 19 November 2010
@ Mr R. Ramachandran Respected Sir, while studying Schedule I Part I Clause 7, I came across an explanation given in the module issued by ICAI for final students which reads as follows..
"Persons eligible otherwise, subject to permission may practice as advocates but can’t use designation “Chartered Accountant” and “Advocate” simultaneously."
I have mailed the same query to ICAI's Delhi office for which I have not received a reply as of yet..
Rahul Lathi
(Querist) 19 November 2010
@ Adv. Agrawal Respected Sir, I am sure that I am going to practice as a lawyer.
I just needed advice of seniors to clarify legal position on this issue. I understand it is practically difficult to manage both professions simultaneously.
Rahul Lathi
(Querist) 19 November 2010
@ Mr. Loganathan Thanks for the wishes Sir. :) I will always need guidance and good wishes of seniors.
R.Ramachandran
(Expert) 19 November 2010
Dear Mr. Rahul,
Exactly. "Persons eligible otherwise, subject to permission may practice as advocates but can’t use designation “Chartered Accountant” and “Advocate” simultaneously."
This only means that either you can practice as Chartered Accountant or Advocate.
Therefore, your first posting to the effect that "The Institute of Chartered Accountants of India allows to practice both professions." is not correct. Even according to the ICAI instructions one can practice only one profession.
Rahul Lathi
(Querist) 19 November 2010
Respected Sir,
In various reference books suggested by ICAI, this clause is explained to mean you can practice both if Bar Council of India permits, Plus you have to print your separate visiting cards, separate letterheads. But you cannot appear with both designations at single point of time. For eg. at income tax tribunal both CA and Lawyers can practice. But while filing your Vakalatnama, you can use only one designation.
Sir, I would like to attract your attention to heading of this part. It applies to CAs in practice. So it can be re-read as a CA in practice can practice as advocate if he is otherwise eligible to do so i.e he has completed all formalities to practice as advocate.
R.Ramachandran
(Expert) 19 November 2010
Dear Mr. Rahul,
Please go through ICAI Regulations - First Schedule – Part 1 which states as under:
"A chartered accountant in practice shall be deemed to be guilty of professional misconduct, if he —
(11) engages in any business or occupation other than the profession of chartered accountant unless permitted by the Council so to engage:"
Thus, even under ICAI Regulations one cannot practice two professions.
