Q1. A CA who is an employee performs one of such services as mentioned in Management consultancy services, will he be deemed to be in practice?? If yes, what are the consequences as he is an employee not having COP? Q2. Can a CA who is employee holds COP? which section provides for the same in both cases whether yes or no. Q3. A member of ICAI who is also a lawyer and is practising as a lawyer and not as CA. Can he represent in ITAT as lawyer and not as CA? Further if he wants to represent as CA not holding COP can he do so? Q4. Restoration of COP is possible if application for the same is made after expiry of relevant year? If yes, from which date it will be effective? Q5. Can a CA who is an employee represent before tax authorities as the same does not include in MCS accordingly he will not be deemed to be in practice?
1. if CA employees along with his job is taking contracts and giving MCS to third parties then it will be contravention of Sec 6. further he is deemed to be in practice so, many clauses of first and second schedule will get applicable and he will be further punished if he breaks them.
2. CA employee can hold COP, this can be understood once you go through, video and notes on First Schedule Part 1 Clause 11
3.Once person is CA he can do all CA related work only in professional capacity of CA alone. he cannot use other capacities. he CA is not holding CA he should not do practice related work
4. Restoration is possible if fees is not paid in that relevant year, in such cases where relevant year has lapsed, date of restoration will be when fees is paid.
5. CA employee can represent his employer company in tax matters without COP. Exclusion from MCS is done to stop giving such service is corporate form. if CA want to represent others in tax matter COP is must.