Accounting Essentials for Lawyers
Accounting Essentials for Lawyers
SUPARNA MUKHERJEE
ACCOUNTANCY
ACCOUNTANCY FOR
FOR LAWYERS
LAWYERS
It is the legal duty of every profession to
keep a systematic record of its daily
transaction.
It helps to know where it stands and
adjudge its performance. This systematic
recording of transactions is known as
accounting.
Since legal profession is a trade, lawyers
are under duty to maintain systematic
accounts relating to the profession.
▪ The basic purpose of accounting is to present a complete
financial picture of the Advocates profession.
▪ This can be done with the help of two financial statements
like
(i) Profit and loss account and
(ii) Balance sheet showing the assests and liabilities.
It is necessary to maintain proper accounts to calculate the
following
(i) Annual Income
(ii) Income Tax
(iii)Professional Tax
(iv)Amount due to the client or amount due by the client.
1. To calculate the annual income : To calculate the
annual income of the Advocate from the legal profession, it
is necessary to maintain proper accounts of his income
from the profession. Maintaining this account is useful for
Advocates also. By knowing his Annual Income , he can take
steps to improve his profession.
2. To Calculate income Tax : Advocates are liable to Pay
Income tax for the income derived from the profession. In
order to calculate the amount payable as income tax, he has
to maintain proper accounts relating to his income and
expenditure. To calculate the taxable income, he is entitled
to deduct certain expenditure like rent, salary, telephone
bill and other administrative expenditure. For this purpose,
also he has to maintain proper accounts.
3. To calculate professional tax: Every six months
the advocates are liable to pay professional tax to the
Government. The amount of professional tax varies
depending on the income. In order to calculate the
amount of professional tax he has to maintain the
proper accounts.
4. To Ascertain the amount due from the client or
due to the client: The account relating to the amount
received from the client and the amount received on
behalf of the client from others or from the court
should be properly maintained. Then only the
amount due from the client can be calculated. This
will help not only the client but also the Advocate.
▪ Functions Of Accounting:
1.Systematic record of transactions.
2.Communicating results to the interested parties.
3.Compliance with legal requirements.
4.Ascertain the financial position of individual.
▪ Advantages Of Accounting:
1.Replacement of memory.
2.Evidence in court.
3.Settlement of taxation liability.
4.Comparative study.
5.Assistance to various parties.
▪Limitations Of Accounting:
1.Records only monetary transactions.
2.No realistic information.
3.Personal bias of accountant affects
the accounting statements.
4.No real test of managerial
performance.
5.It lacks a uniform procedure.
▪LEGISLATIONS REQUIRING KNOWLEDGE
OF ACCOUNTANCY
1. As a member of the Bar Council, he should know its
accounting.
2. He should know Legal services Authorities and
Supreme Court Legal Services Committee.
3. He should know the accounting of Advocates as per
Supreme Court rules.
4. He should know the welfare fund accounting.
5. He should know how to prepare his own accounts.
Case Laws:
1.Pawan Kumar Sharma v. Gurdial Singh (1998 (7) SCC 24).
The court held that mere ownership of the taxi cannot lead to any
irresistible conclusion that he was engaged in “taxi business” to
constitute misconduct.
2. Harish Chander Singh v. Suman Dondey (1999 (2) SCC 215).
The court held that the disciplinary committee of bar council could not
have held the advocate guilty of charge of misappropriation especially
without going the whole of accounts.
3. Hamiraj L. Chulani v. Bar Council of Maharashtra & Goa (AIR
1996 SC 1708).
The Supreme Court held that the rule made by the bar council
restricting the entry of a person already carrying on other profession
is not arbitrary and at the same time it does not impose reasonable
restrictions.
PLACE OF KEEPING THE ACCOUNTS BOOKS.
The accounts books and documents relating to the accounts
should be kept and maintained by the advocate,
(i) At his office.
(ii) Where he is carrying on the profession more than one
office, then at his head office. But accounts can also be
maintained separately for each branch at the respective
branch office.
Penalty for not keeping Account Books: A Lawyer who is
legally liable to maintain account books, fails to maintain it or
fails to retain it for the prescribed period (cash book and
ledger-16 years, other books-8 years) is liable to pay penalty
ranging from Rs.2000/- to 1,00,000/- (S.271 A ).
▪ Bar council Rules relating to accounting
An Advocate is under a duty to maintain proper accounts of money received
from his client and the amount received on behalf of client from others or
from the court. The rules relating to such accounting is dealt in rules 25 to
32 of the Bar Council Of India Rules 1975.
▪ Rule 25: An advocate should keep the accounts of the client’s money
entrusted to him. The accounts should show the amounts received from the
client, the expenses incurred for him and the debits made on the account
of Advocate fees with the respective dates and all other necessary
particulars.
▪ Rule 26 : Where moneys are received from the client, it should be entered
whether the amount have been received for the advocates fees or
expenses. Amount received for the expenses shall not be diverted towards
Advocates fees without the consent of the client in writing.
▪ Rule 27: Where any amount is received on behalf of his client the fact of
such receipt must be intimated to the client as early as possible.
▪ Rule 28 : After the completion of the proceeding, the advocate shall be at
the liberty to take the settled fee due to him from the unspent money in his
hand.
▪Rule 29: Where the fee has been left unsettled, the
advocate shall take the fees which he is legally
entitled from the moneys of the client remaining in his
hands, after the completion of the proceeding. The
balance shall be returned to the client.
▪Rule 30: A copy of the client account shall be
furnished to him after getting the necessary copying
charges from him.
▪Rule 31: An advocate shall not make any agreements
whereby client’s funds in his hands are converted into
loans to the advocate.
▪Rule 32: An Advocate shall not lend money to his
client for the purpose of conducting the case
▪ Rules Relating to Accounting Under Income Tax Act: Under
the Income Tax Act, every lawyer is required to maintain the
following books of accounts and other documents to enable the
Assessing Officer to calculate his total income :
(i) cash book
(ii) Receipt Voucher
(iii) payment voucher
(iv) journal
(v) ledger.
▪ The accounting year is 1st April to 31 st March next year.
1. Cash book : It is the book in which the amount received by the
Advocates from the clients and others and the amount spent for
the clients are written. This book is useful for the Advocate to
know the amount in his hand on each day.
2. Receipt Voucher : It is the document prepared for recording the receipt of money by
cash or cheque. When an Advocate received money from the client, the Advocate has to
issue a receipt to the client. Advocate shall maintain receipt books with serially
numbered receipt forms in duplicate. The original receipt should be given to the client
and the duplicate shall be retained by the Advocate.
3. Payment Voucher : Payment vouchers are used to record such payments for which
receipts are not obtainable from the person to whom such payments are made. For
example, bus fare, auto fare, court fees, stamps, refreshment expenses etc. In such cases
the Advocate signature in the payment voucher and the signature of the person to whom
payment is made may be obtained.
4. Journal : Journal is the book of first entry or original entry. In the journal the
transactions are recorded in the order of their occurrence. It should contain the following
details
(i) Date of Transactions
(ii) Account to which the transaction relates
(iii) Amount to be debited,
(iv) Amount to be credited
(v) Explanation of the transaction.
▪ 5. Ledger : The transactions recorded in the journal are to be posted to the separate heads of account
in another book called as Ledger. In the ledger different pages are allotted to the different heads of
accounts. When the journal entries are posted to the concerned heads of account in the ledger, the
page number of the ledger should be noted in the journal for easy reference.
▪ The ledger account of an advocate shall contain the following heads:
(i)Clients Account : For each and every client separate pages shall be allotted in this ledger and
separate account shall be maintained for them.
(ii) Fees Account : In this account the fees received from each and every client shall be entered
separately. From this account the total amount of fees received from all the clients in a financial year can
be ascertained.
(iii) Rent Account.
(iv) Salary Account.
(v) Library Account.
(vi) Printing and Stationary Account.
(vii) Postage and Telegram Account.
(viii) Electricity Charges.
(ix) Conveyance Charges.
(x) Repair and Maintenance.
(xi) Office Miscellaneous Expenses Account.
▪ At the beginning of the ledger book the index may be given with the name of the different heads of
account and their respective pages for easy reference.
Case Laws:
1.Manilal Kher Ambalal And Co. vs A.G. Lulla, Seventh Income-Tax ..1989 176 ITR
253 Bom
Facts of the case: The Petition is filed by advocates who are solicitor and advocates
enrolled for more than 50 years age and have been filing accounts every year within the
rules framed by High court, Bombay with related to their professional work. Petitioners
were maintaining separate accounts in the banks as per rule 10 of the Bombay High court.
When an IT Officer sent the advocates notice to furnish the details as per new rules against
the method followed by advocates from several years, the Advocates preferred this appeal
against the change of accounting system.
Issues of the case:
1.When an advocate is accountable for money received from client towards case and is that
a quasi trust and does he hold such money in a fiduciary capacity?
2.Whether the change in the accounting system for an advocate can be called for by an IT
officer with out proper amendment?
Judgment: The Bombay High Court ruled that the High Court Rules are unquestionably
created in conformity with professional standards and cannot be held accountable. As a
result, the petition was approved, and the respondent was required to cover the petitioners’
costs.
2. Associated Law Advisers Antriksh Bhawan v/s ITO Ward I.T.A. No.
5336 & 5846/DEL of 2014
▪ Facts of the Case:
The aforesaid cross appeal have been filed by the Assessor as well as the
Revenue Officers against the impugned order dated 22/8/ 2014 under
section 143 ( 3) for the assessment year 2010-11.
▪ Issues
1.Whether a law firm can treat advance payment received for the payment to
senior advocate and for the payment to its own partners in similar manner?
2.Can an advocate receive money as an address advanced in his judiciary
capacity?
▪ Judgment:
Once the case has been determined, the advocate may accept the funds in
his official capacity as a judge and may treat them solely as advances rather
than as profits. The Revenue officer’s Appeal is dismissed, and the Assessor’s
Appeal is upheld.
ELEMENTARY ASPECTS OF
BOOKKEEPING
Bookkeeping is a task concerned with the
recording of financial data relating to business
operations in a significant and orderly manner. It
envelopes all the procedural aspects of
accounting work and embraces record-keeping
function.
Bookkeeping procedures are governed by the
end product, the financial statements. And
‘financial statements’ includes Profit and Loss
Account and Balance Sheet including Schedules
and Notes forming part of Accounts.
Elements of Bookkeeping
▪Journals
In the system of Bookkeeping, the journals are the
first place you can look to find complete information
about a transaction. The general journal, used by
many businesses that employ a double-entry
accounting system, records the debit and credit
amounts for each account as transactions occur. It
may also list a short description of the transaction. For
example, some businesses may have specialized
journals, each for recording a specific kind of
transaction depending on their needs.
▪Ledgers
Ledgers group transactions according to
account and the effect it has on the business.
Such grouping or categories in the ledger
may include assets, liabilities, expenses and
revenue. Transactions from business journals
get posted or recorded to the ledgers
periodically. And with the help of ledgers,
the financial position of the business can be
easily ascertained as well.
▪ Financial statements : They communicate the essential
information about the financial situation of a company to outside
parties. Most bookkeeping software uses four major financial
statements:
❑Balance sheet: - It gives a description of a company's financial
position for a particular date, by listing details of its assets,
liabilities and shareholder's equity.
❑Income Statement: - It displays the businesses net earnings for a
specific period.
❑Cash flow statement: - It picturizes the increases and decreases
in cash for a period as it relates to business operations,
investment and financing activities of a business.
❑Statement of shareholders: - It displays the changes in the
company's retained earnings, by listing items like net income for
the year and dividends paid to shareholders.
What kind of entries do find its place in Bookkeeping?
▪ Essentially, bookkeeping means recording and tracking the numbers
involved in the financial side of the business in an organized way. It is
essential for businesses but is also useful for individuals and non -
profit organizations.
▪ Any transaction, whether it is a question of purchase or sale, must be
recorded. And the person(s) responsible for bookkeeping for
business would record all transactions that are related. The following
are some examples of entries which forms part of bookkeeping:
▪ Expense payments to suppliers
▪ Loan payments
▪ Customer payments for invoices
▪ Monitoring asset depreciation and booking adjustments
What is Double-entry Bookkeeping?
▪ A transaction implies two sides. Double-entry bookkeeping
is where both sides of each transaction are captured and
recorded, as against single entry bookkeeping where only
the cash side of a transaction is recorded.
▪ The transaction is recorded as soon as it occurs in a book
called the Journal. A Journal is also known as daybook,
because in it a day’s transactions are entered
chronologically as soon as one arises, so no financial
information is lost.
▪ Conventionally, the two affected entries in a double-entry
system are known as Debit (Dr) and Credit (Cr). The system
uses the ‘duality principle’ that for every debit entry there is
always an equal and corresponding credit entry.
The 2 Sides of a Transaction, The 3 Types of Account
and the Rules of Accounting
The two sides of a transaction i.e., the Debit and Credit
are respectively posted in the two affected accounts
which would be one or other of the following three
types of accounts:
▪Real Account – where tangible aspects like cash,
goods etc. are the things/ transacted
▪Personal Account – where a person, group of persons
or a legal entity is the affected party of transaction.
▪Nominal Account – represents income/ expense
related to intangible things like rent, goodwill, etc.; or
gains/ loss.
The credit and debit sides of a given transaction are
posted in the affected account according to the rule
specific to the type of account ( listed above). These
are known as the ‘three golden rules of accounting’.
to Capital purchases
1-103
1, July 01 (Furniture) 20,000:00 20,000:00
1-100
by cash
To Rent 2- 109
1, July 02 12,000:00 12, 000:00
By Cash 1-100
To General Stores
1- 108
1, July 03 (stationary) 1,800:00 1,800:00
3- 104
By Books & Pens Store
Systems of Bookkeeping: There are two systems of bookkeeping: the Mercantile
system and the Cash system. Over a period, a third system, referred to as Hybrid
system evolved.
▪ Mercantile System of Bookkeeping
➢This system is also known as the “book profits system of accountancy” or the
“Complete double-entry bookkeeping” or more popularly “Accrual” method of
accounting.
➢Under this system the net profit or loss is calculated after taking into account all the
income and all the expenditure relating to the period, whether such income has
been actually received or not and, whether such expenditure is actually paid or not.
➢The profit computed under this system is the profit truly earned, though not
necessarily realized in cash, or the loss computed under this system is the loss truly
sustained, though not necessarily paid in cash.
➢This method of bookkeeping brings into credit what is due immediately as it
becomes legally due and before it is actually received; and it brings into debit
expenditure as soon as the amount for which a legal liability has been incurred,
even before it is actually disbursed.
▪ Cash System of Bookkeeping: This system is opposite of
the ‘mercantile system of bookkeeping’. Under this system
only actual cash receipts and actual cash payments are
recorded. Entries being made only when money is really
collected or disbursed.
Which System to adopt Mercantile or Cash?
▪ A pertinent question that may arise here is what system to
use?
▪ The Hon’ble Supreme Court in Commissioner of Income
Tax Vs A Krishna Swamy Mudaliar (1964) 53 ITR 122
observed that in some cases, neither of the two systems
mercantile system or cash system give a clear picture of the
true profits earned and certainly not taxable profits.
What Is the Actual Business Practice, Mercantile or
Cash?
▪ In actual business practice, the system of bookkeeping
followed in many cases are such that they can neither be
called “mercantile accountancy system” nor the “cash
system of bookkeeping”. They are simply mixtures of the
two systems and are styled as ‘hybrid systems of
bookkeeping’
▪ Naturally, the dilemma or question that pops up in mind at
this juncture is whether one can adopt different methods of
accounting for different sources?
▪ The Hon’ble Allahabad Hight court in JK Bankers Vs
Commissioner of Income Tax (1974) 94 ITR, has held that
there could be different methods of accounting for different
sources of income.
▪ How Does Law Impact Bookkeeping?
▪ To live, money is needed, money transactions are
intertwined with tax, and the ramifications of tax are many.
In case an entry is misconstrued and booked, impact of
law on bookkeeping arises.
▪ While determining the impact of law, it is found that some
terms used in the Act are defined exhaustively, which
cause minimum issues and are relatively easy to resolve.
▪ Some are defined inclusively; these terms are patently
clear to understand but are latent minefields.
▪ And then there are terms that are not defined at all but are
profusely used in the Act, these are the quagmires. One
has to depend on their natural meaning and decided
cases by courts to interpret them.
▪ The natural meaning comes from the nature of things.
▪ Nature of assets: Any expenditure incurred to acquire a fixed
asset or in connection with the installation of a fixed asset is
capital expenditure; whereas any expenditure incurred to
purchase goods for resale along with other necessary expenses
incurred in connection with such purchase are revenue
expenses.
▪ Nature of liability: A payment made by a person to discharge a
capital liability is a capital expenditure. Whereas an expenditure
incurred to discharge a revenue liability is revenue expenditure.
▪ For example, the amount paid to a contractor for cancellation of
a contract to construct a factory building is capital expenditure.
While the amount paid by a person as compensation for failing
to supply goods as per the contract is a revenue expenditure as
it is to discharge the revenue liability.
▪ Nature of transaction: An expense incurred to acquire a source of
income like purchase of a patent for medicine to produce it and
sell is a capital expenditure. whereas, expenditure incurred to earn
income, say like salaries paid to the employees or advertisements
or customer entertainment are revenue expenditure.
▪ Nature of purpose of transaction: If the amount is spent on
increasing the earning capacity of an asset, it is capital
expenditure. For example, redoing the décor of the reception
lounge of a hotel to create an ambiance is capital expenditure, or
fixing additional doors and windows in an industry is capital
expenditure. While any expenditure incurred on keeping an asset
in running condition is revenue expenditure. In the example just
given periodic cleaning and changing the upholstery of the seating
arrangement, painting of doors and windows periodically to
protect from corrosion, wear and tear is revenue expenditure.
CAPITAL EXPENDITURE REVENUE EXPENDITURE