Showing posts with label new CORPLAW. Show all posts
Showing posts with label new CORPLAW. Show all posts

Friday, July 17, 2015

Lawyers vs CAs - An Avoidable Battle, For THE "Common Good"

  Latest (for now)>

 

July 31

Itatonline

Hinduja Global Solutions Ltd vs. UOI (Bombay High Court)


The issue before the Tribunal was regarding disallowance made on account of claim for deduction under Section 10A of the Act. This very issue was covered in favour of the Petitioner by the decision of the Tribunal for A.Y. 2005-2006 in the Petitioner’s own case. The departmental representative before the Tribunal also accepted the position. Inspite of the agreed position between the parties, the Tribunal by the impugned order yet remands this very issue to the Assessing Officer for fresh examination/determination. This is without in any manner even attempting to indicate why and how its earlier decision will not apply to the facts for the subsequent Assessment year. The Tribunal should not completely disregard its earlier order without some reason. This is the minimum expected of any quasi judicial / judicial authority. If the Tribunal has failed to perform it’s basic judicial functions in such arbitrary manner, the approach of the Tribunal must be corrected, so as to ensure that such lapses do not occur again.
Note: Similar strictures against the ITAT have been passed in DIT v. Societe Generale, Madhukar Thakroor v. ITAT, R. W. Promotions v. ITAT, CIT vs. Gauthamchand Bhandari 347 ITR 491, 499 (Kar) and CIT Vs. Ram Singh (Rajasthan High Court). See also post where suggestions have been given on how to rectify the sorry state of affairs


Latest:

CIT vs. Dalmia Dyechem Industries (Bombay High Court)

Sec 271 (1)(c)- favourable



 

 

 

 

TG

 Remarkable decision over tenders by ICAI but Clarification sought

 

 PREV.

 The State Bar Council and Advocates – A Reality

  ...

The Hon’ble Supreme court of India in the case of Bar Council of India v A.K.Balaji & Ors. SLP No. 17150-171541/2012 has held:
“It is also clarified that the expression to practice the profession of law under section 29 0f the Advocates Act, 1961 covers the persons practising litigious matters as well as non-litigious matters other than contemplated in para 63(ii) of the impugned order and, therefore, to practice in non litigious matters in India the foreign law firms S.L.P. ( Civil ) No(s).17150-17154/2012 whatever name called or described, shall be bound to follow the provisions contained in the Advocates Act, 1961.”
The Hon’ble Supreme Court of India in the case of Madras Bar Association v Union of India, [Transferred Case (C) No. 150 / 2006, decided on 25.09.2014] has held:
“Chartered Accountants and Company Secretaries would at best be specialists in understanding and explaining issues pertaining to accounts. The Hon’ble Supreme Court struck down the provision allowing Company Secretaries and Chartered Accountants to appear on behalf of a party before National Tax Tribunal. “
- See more at: http://taxguru.in/corporate-law/state-bar-council-advocates-reality.html#sthash.G7jqk1gb.dpuf
The Hon’ble Supreme Court in the case of Madras Bar Association v. Union of India [Transferred Case (C) No. 150 / 2006, decided on 25.09.2014] held:
“Keeping in mind the fact, that in terms of Section 15 of the NTT Act, the NTT would hear appeals from the Income Tax Appellate Tribunal and the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) only on substantial questions of law, it is difficult for us to appreciate the propriety of representation, on behalf of a party to an appeal, through either Chartered Accountants or Company Secretaries, before the NTT. The determination at the hands of the NTT is shorn of factual disputes. It has to decide only substantial questions of law. In our understanding, Chartered Accountants and Company Secretaries would at best be specialists in understanding and explaining issues pertaining to accounts. These issues would, fall purely within the realm of facts. We find it difficult to accept the prayer made by the Company Secretaries to allow them, to represent a party to an appeal before the NTT. Even insofar as the Chartered Accountants are concerned, we are constrained to hold that allowing them to appear on behalf of a party before the NTT, would be unacceptable in law.”
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A Bizarre, the Most Unsavory Development  of all, of its kind, in recent times, THIS :

www.itatonline.org › Home › All Information
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 sensational one; for an appreciation in, in proper light,  suggest to look up any standard dictionary (English to English).

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Some Legal Aid Lawyers failing to serve the public | Canada ...

www.canadacourtwatch.com/.../some-legal-aid-lawyers-failing-serve-pub...
Questions & Answers for school officials regarding CAS at children's schools ... Canada Court Watch receives complaints every week about shoddy work by many of ... So the pot finally boiled over and one of our legal aid lawyers got caught ...

Thursday, July 9, 2015

WORLD of lawyers, CAs et al

An Update 


                     
TOI


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

www.icaiknowledgegateway.org/.../chapter-12-inter-relationship-between-a...

 >>>>>

www.itatonline.org › Home › All Information 

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.
  2. SANKARANARAYANAN says:
    ADVOCATES ARE MORE EAGER TO PROVIDE SERVICES TO COPORATES
    Reply




    www.legallyindia.com/Law-firms/silf-to-go-after-pds-advaita-and-ors-in-..
    .
    www.gibsondunn.com/.../Dickey-YearOfLivingDangerously.pdf

    https://mckinneylaw.iu.edu/ilr/pdf/vol33p599.pdf
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lci




·  Will

[2015] 54 taxmann.com 200 (Bombay)

Judgement
HIGH COURT OF BOMBAY
Rashmikant Kundalia
v.
Union of India
MOHIT S. SHAH, CJ.
AND B.P. COLABAWALLA, J.
WRIT PETITION NO. 771 OF 2014
FEBRUARY  9, 2015 
JUDGMENT

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.
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ITATONLINE

Top CA Firms, E&Y, Deloitte, KPMG & PWC, Hauled Up For ...
www.itatonline.org › 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”.


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

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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.
Reply


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.

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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: http://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/8c9f13012b96736985256aa900624829/7d1fa5d263aee7a585257dc400492f7d!OpenDocument