Both CAs and Lawyers can be consulted for Direct tax Law (law of Income Tax) and Indirect Tax Law (IDT/ VAT/GST). Both CA and gst lawyers in Delhi can be consulted for assistance in:
For advice, expert guidance and opinion for representing the clients before assessing and appellate authorities.
Both the professions have positions under the government services, a firm related to the profession, at a company or organization, also can work independently.
Both professions deal with companies or individuals, they have different takes: say for example a corporate lawyers in Delhi deals, especially in law and legal points, while a CA deals with taxation, accounts, auditing, etc.
Accountant: Can work with companies, firms, private individuals. Their main job relates to auditing, taxation, likewise. CAs are engaged for professional assistance filing a tax return, then during assessment proceedings to representation in the second appeal stage of ITAT.
For further appeal, writ and other proceedings before the court a lawyer is engaged in the representation.
The Society of Indian Law Firms' only representative body,is of the opinion that there should be a line held between the two professions. It states that CAs are governed by the Chartered Accountants Act, while advocates are governed by the Advocates Act. It further stated that they (CA) are doing the work they are not authorized to do under the Act, including giving advice, legal opinions, and appearing in court representing their clients.
CAs have a different opinion, that even before the Act for the Advocates, CAs have been dealing with companies' legal risk, while lawyers handled the litigation process. Also, that there is a clear-cut demarcation in law about the platforms where CAs represent their clients, and where they cannot do so. However, the area of knowledge can't be bound and is open to all.
The Apex Court in its landmark judgment regarding whether foreign law firms/ lawyers can practice in India, held that practicing of law includes an appearance in court as well as providing opinions, drafting documents. Chapter IV of the Advocate's Act provides that Advocates enrolled under Bar Council only can practice law, except as otherwise provided in any other law. If any law, such as SEBI, FEMA, etc. provides so, then the professionals of that stream can practice law in that particular law.
Principle: The most important question is, as to where to draw the line as both professions don't overlap each other. Generally, most CAs don't practice law, though they do provide legal advice though. If anything, a CA is obliged to disclose material information under the CAs attest function, which creates a conflict of obligations.
CAs provide the auditing, advice for taxation, etc., while the matter of litigation is held by the advocate. Hence, both have their own field,have their own specific profession and its on the customer, whose interests are at stake, with whom he is comfortable and with whose assistance his problem could be solved in the simplest way possible.
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