Thursday, July 9, 2015

WORLD of lawyers, CAs et al

An Update 


Inter-Relationship between Accounting and Taxation - ICAI ...

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Random Reaction (to share own thoughts, but mostly aimed at provoking the rest all around to give in-depth thoughts, as warranted):
THE Complaint , in one’s independent but unbiased and impartial view, is, to react honestly, really not against just the named Big four, but against the whole CA fraternity; if looked through insightfully, call for much deeper reactions, not just from CA – but from both the fraternities mutually lined against, with the aim of common good.
If incisively considered and judged, in the ultimate analysis, it has every potential, not-so-obvious though, to impact, impair and imperil greatly the very ‘legal regime’; and, in turn, making  ‘public interest’ the casualty- intended  or conscious of , OR NOT.  
To Admn.
The term “Hauled Up”  is contextually the most inappropriate usage and seemingly makes no sense, except to make the development a sensatinal o; for an appreciation in, in proper light,  suggest to look up any standard dictionary (English to English).


  1. Jothi Ramalingam says:
    Some chartered accountant are signing the financial statements and audit reports without seeing whether there existed such books of accounts are not? They even take over accounts jobs also, which is prevented by law. Since the income-tax department is not making scruitiny of books of accounts, it has become an advantage to the Chartered accountants. This is spoiling the profession of genuine chartered accountants. A mass survey in this regard will reveal the fact.

·  Will

[2015] 54 200 (Bombay)

Rashmikant Kundalia
Union of India
FEBRUARY  9, 2015 

B.P. Colabawalla, J. - Rule. Respondents through their respective counsel waive service. By consent of parties, rule made returnable forthwith and heard finally. 
2. By this Writ Petition filed under Article 226 of the Constitution of India, the Petitioners have challenged the constitutional validity of section 234E of the Income Tax Act, 1961. Section 234E seeks to levy a fee of Rs.200/- per day (subject to certain other conditions as set out therein) inter alia on a person who deducts Tax at Source (TDS) and then fails to deliver or cause to be delivered the TDS return/statements to the authorities within the prescribed period. Consequently, the Petitioners have also sought a declaration that the notices issued to Petitioner Nos.2 and 3 under section 200A of the Act are null, void and bad-in-law being ultra vires the Constitution of India.



Top CA Firms, E&Y, Deloitte, KPMG & PWC, Hauled Up For ... › Home › All Information
 Get Set- without waiting for signal to, -  ready and go <even now !

Supreme Court in Madras Bar Association v Union of India where it was held that Chartered Accountants and Company Secretaries cannot be permitted to appear on behalf of a party before the National Tax Tribunal.
e unauthorised practice of law.
Support has also been drawn from the judgement of the Bombay High Court in Lawyers Collective vs. Bar Council where it was held that even “drafting documents, reviewing and providing comments on documents, conducting negotiations and advising clients on international standards and customary practice relating to the client’s transaction etc. was nothing but practising the profession of law in non litigious matters”.



Recent ABA Formal Ethics Opinion examines obligations of lawyers in providing file documents to former clients after termination

Swaminathan Venkataraman Your comment is awaiting moderation.

Ref. “Of course, lawyers must determine which rule their jurisdiction applies before acting.”
Even on a quick reading, there could be many genuine doubts arising in anyone’s mind. For instance. Re. ‘Jurisdiction’, is it the jurisdiction or ‘locale’, of either or both, lawyer and client, which is of relevance, and should apply? A more difficult question may arise- where either of or both lawyer and client (say, if in a given case, either or both being a corporate) have locale / functions from both jurisdictions spoken of . For that matter, as is imagined, the two varying approaches i.e. ‘entire file’ and ‘end product’ by themselves might entail litigation ; turn out to be an inconclusive one, and unlikely to get resolved within ‘life time’ !
Similar controversies pivoted on ‘jurisdiction’ might arise, or have already arisen but remaining unresolved, in disputes between doctor and patient , and business entity and client / customer e,g. In Banking sector.

Disclaimer:  this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.

Hello everyone and welcome to this Ethics Alert which will discuss the recent decision of The Florida Bar’s Board of Governors of to approve language to be added to the comment to Florida Bar Rule 4-5.8 related to lawyers leaving law firms. An article in The Florida Bar News discusses the proposed revision and is here:!OpenDocument

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