Tax Reforms

Supreme Court upholds ICAI Rule on Tax Audit Assignments

Note4Students

From UPSC perspective, the following things are important :

Prelims level: ICAI, Tax Audit

Mains level: NA

Why in the News?

  • The Supreme Court upheld a rule issued by the Institute of Chartered Accountants of India (ICAI) that limits Chartered Accountants to accepting no more than 60 tax audit assignments in a financial year.
    • The court found that the rule does NOT violate the fundamental right to practice a profession under Article 19(1) (g) of the Constitution (apart from also being violative of the right to equality under Article 14).

Tax Audit Regime: A Quick Backgrounder

  • The mandatory tax audit regime was initiated in 1984 with Section 44AB in the Income Tax Act, of 1961 which required certain businesses and professionals to get their accounts audited.
    • Tax Audit aims to ensure compliance with the provisions of the Income Tax Act, 1961, and detect and prevent tax evasion and fraud.
  • In 1988, the ICAI limited Chartered Accountants to a specified number of tax audit assignments to ensure quality and reduce the risk of misconduct.
  • This limit was part of the guidelines issued in 2008, which replaced previous notifications and were challenged in various High Courts.

About the Institute of Chartered Accountants of India (ICAI):

Details
Establishment The Institute of Chartered Accountants of India (ICAI) is a statutory body established by an Act of Parliament, viz. The Chartered Accountants Act, 1949.
Regulatory Body The second largest professional body of chartered accountants in the world after the American Institute of Certified Public Accountants (AICPA).

Only licensing authority for chartered accountants in India

Headquarters New Delhi, India, with 5 regional offices and 163 branches across the country.
Functions Regulates education, training, and examinations for Chartered Accountants. Formulates accounting and auditing standards.
Membership Granted to individuals who complete prescribed education and training and pass final examinations.
Powers of ICAI
  • Involves theoretical education and practical training under a practising Chartered Accountant.
  • Conducted at Foundation, Intermediate, and Final levels, held twice a year in May and November.
  • Formulates Accounting Standards (AS), Auditing Standards (SA), and other guidance notes.
  • Investigates complaints of professional misconduct against members and takes disciplinary actions.
International Affiliations Member of international accounting bodies including-

  1. International Federation of Accountants (IFAC),
  2. Confederation of Asian and Pacific Accountants (CAPA), and
  3. South Asian Federation of Accountants (SAFA).

 

PYQ:

[2018] With reference to India’s decision to levy an equalization tax of 6% on online advertisement services offered by non- resident entities, which of the following statements is/are correct?

  1. It is introduced as a part of the Income Tax Act.
  2. Non-resident entities that offer advertisement services in India can claim a tax credit in their home country under the “Double Taxation Avoidance Agreements”.

Select the correct answer using the codes given below:

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

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