(1) It was clearly held by the Hon’ble Supreme Court in the case of Bar Council of India Vs A.K.Balaji [SLP(Civil)No(s)17150-17154/2012] Dt.4.7.2012 (SC) upholding the Madras High Court judgment in the case of A.K.Balaji Vs Govt. of India (2012) 35 KLR 290 21.02.2012 (Madras HC) that Advocates alone are entitled to practice the Profession of Law both in litigious & non-litigious matters, nullifying the effect of Section 33 of The Advocates Act,1961. This also confirms to Section 29 of The Advocates Act,1961.
(2) The constitution bench of Supreme Court of India in National Tax Tribunal case of Madras Bar Association Vs Union of India bearing No.150 of 2006 Dtd.25.09.2014, it was also held that Non-Advocates to represent party to an appeal before NTT, unconstitutional and unsustainable in law. On date, appearance clause under all Indian taxation statute has been subject to review of apex court. If such appearance clause still retained in statute books of Indian taxation laws, situation may arise that orders of the assessing authorities passed against the representations of other than Advocates will become in-fructuous, bad in law, null & void. Further, such orders cannot be enforced and / or appealed.
(3) Latest policy decision of the learned officials in Finance Ministry to expand the definition of “Accountant” to include related professionals in DTC-2013 is most welcome move. But, in order to give full effect for the same, Tax Practitioners Law is most essential for India to enable other than Advocates also to practice exclusively in taxation laws in India. Our esteemed Central Govt. must come out with subordinate legislation; introduce Tax Practitioners Bill covering all five class of tax law professionals of India (Viz.Legal Practitioners, Chartered Accountants, Cost & Management Accountants, Company Secretaries and Income-Tax Practitioners). Such Tax Practitioners Bill should be introduced with “Preamble” stating that “other than Advocates are also practicing exclusively in the line of tax laws in India, in order to protect them & also in the interest of Govt. revenue, this Tax Practitioners Bill has been introduced”. Then such Tax Practitioners Law cannot be struck down in view of the above court verdicts. Treasury Department Circular No.230 for regulations governing practice before the Internal Revenue Service of Income-Tax Deptt. in USA & Tax Agent Service Act of Australia are very good examples for kind consideration of Ministry of Finance, Government of India to have similar Tax Practitioners Law in India also, to generate tax professionals for widening genuine tax base of assesses.
(4) Due to latest court verdicts on practice of law, India is badly in need of Tax Practitioners Law. Among Legal Practitioners, Cost & Management Accountants, Company Secretaries, Chartered Accountants and Income-Tax Practitioners, who wants to practice tax law in India, should mandatorily seek registration under Tax Practitioners Law, whatever their parent body says is immaterial & Tax Practitioners Law should recognize the qualifications acquired by all the five class of tax professionals. On date ample tax compliance work is there, but there is no required Tax Professionals to support voluntary compliance in Indian taxation laws. Further, “More persons in the line of tax practice more revenue to the Government”.
(5) Tax Practitioners Law in the lines of “US Treasury Circular No.230” is well suited to India, required for India & also need of the hour to widen genuine tax base of assesses. “Tax Practitioners Law, if brought in India, will generate self employment with added advantage of increased revenue collection”. I/We hope that Ministry of Finance, Govt. of India will consider this suggestion/representation, which is in the interest of Govt. revenue & all five class of Tax Professionals of India.
hello friends :--
I am here with a very serious issue & i need help from you all .. plz help me.. plz...i am 26 , from a small district town , & only earning member of my family.. i am a ca inter & cwa inter & bcom(h) with 71%.. i have appeared for final but i could not clear it .. now i was looking for job , so i came to kolkata, i got two opportunity in 15th july 2014, one was in tcs in banking process with salary of 15000 with medical insurance,pf & cab & other one was in db desaid & co.. one of the biggest ca firm in india who deals in indirect taxation. from the very begining of my career i was dreaming to have my own tax firm.. i was looking for practice. but now i am not a ca.. so i am a bit afraid & feeling unsecurity with practice though i know taxation very well,, plz help me
. now i have two option , one is i can join tcs , and in future i can do mba in distance & remain in mnc .. or 2nd i can join db desai & co & do llb and after few years i run my own tax firm..
which one is better ???? i dont have any link in kolkata,, i stay in a hostel .. i want to know what is my future if i join d b desai & i think to run my own tax firm at age of 31 .. what is the consequences..
in which area can a tax consultant earns income with llb degree .. i know few area like appeal.. sales tax but wht i wonder is this task are also done by ca . then what is the gaurantee that i can get client in future.. plz help me.. i am very confused.. actually i want to run my own firm .. plz guide
My mother want to submit ITR4 for 2013-14 as a professional trader.So I want to know is audit is mandatory for my mother just because she not able to earn more than 8% of her total turnover(Say turnover 6 lac)even though she is not required under sec 44A.Kindly suggest
for A Y 2007-08, assessment u/s 143(3) was set aside by ITAT on 07.08.2012 which attained finality but new ITO initiating 148 proceedings simply on change of opinion on 29.08.2012 (after over 4 years) and then reassessing on 30.01.2014, creating huge demand for disallowed Depreciation and direct expenses, disagreeing with his predecessor, on the basis of internal audit observations on assessed rate of depreciation. Should Assessee (a) approach ITAT for circumvention of its Order (b) file regular First Appeal before CIT(A) once again (c) approach administrative CIT, or (d) ignore notices of (i) arbitrary Demand u/s 156 and (ii) penalty proceedings u/s 274/271 ?
I need the format of affidavit to be submitted to the AO in scrutiny proceedings from cash creditor who has lended money to us.
I was living in tenanted building. The landlord of the said building entered an agreement with builder for redevelopment of the said building. I have received new flat in reconstructed building equal to carpet area of old room plus some extra area purchased by me. I have to pay to builder construction cost for carpet area equal to old room and at a market rate for extra area purchased by me.
Whether I have to pay to service tax and VAT to builder if he demands? [In agreement there is no clause regarding payment of service tax.] if yes, then on what amount i.e. full consideration for old area plus extra area purchased or only on consideration for new area.
I HAVE BOOKED RESIDENTIAL FLAT IN 2012 FOR RS 15LAC WHILE UNDER COSNTRUCTION & NO AGREEMENT IS REGISTERED NOW THE MARKET VALUE OF THE FLAT IS RS 35LAC AS PER STAMPDUTY REGISTRATION SO THE AGREEMENT IF TO BE REGISTIRED NOW IN DEC 2013 THAN WHICH CONSIDERATION TO BE ADOPTED AND WHAT ARE TAX IMPLICATION IF REGISTERED FOR 15LAC ONLY PL EXPALIN BRIEFLY
good afternoon all of you, we are running trust in name PMET. we made a single payment of Rs. 51,333/- to tour operator by account payee cheque for travelling expenses of students in the month of may,2013 without deducting tds u/s.194C and also filed tds return for the relevant quarter. we want to deposit tds amount with interest in the month december,2013. so tell me whether we have to revised tds return for the Q1? what is solution for this query.
I had filed return for A.Y.9-10 and 10-11 thru company related income tax practitioner.
the company has deducted my TDS for A.Y 9-10 & 10-11,and has issued Form NO.16.but in Form No 16 for year 9-10,Rs.10,000 are short remitted to Income Tax Dept,as seen from 26AS for AY 9-10.
In form No 16 fora.y 9-10 & 10-11, the employer has only mentioned salary given and not mentioned my due investment.
so. Income tax dept asked me for the clarification ,this letter was sent to income tax consultant, which he dint answer.
later income tax depat, issued me notice to pay the taxable amount.
My consultant told me that Income tax dept has hired data entry operators, and they have not paid attention to your claims and investment and the problem will be resolved.
However, I have sent my investment calimed receipt xerox,and for no 16 to income tax dept.
But income tax dept has collected money from my refund for 11-12 and adjusted it against demand for 9-10.
Now recently again i have received notice from Income tax department saying I have to product challans for payment of demanded amount for year 9-10 & 10-11.
IF not, they will take coercive action to recover the dues.
It appears they have not paid attention to my request letter of investments made and Form 16 for A.Y. 9-10 &10-11.
(I learnt from Internet that in the case of Sahani of yashpal Sahani V/s Assistant Commissioner, Bombay high court year 2007 give judgment , the collected by employer but not paid to IT TDS amount should be recovered form Employer)
Kindly advice me what should i do in this case sirs,
I am carry on business of house hold aplliences with some new promoting marketing idea i.e. When i am selling goods to costumer I taking advance from customers and they have to select goods ,
after 3 months eligible for prize or selected goods ( by lot withdrawal and get 1, 2, 3rd prize)
they will get prize or purchased goods ( prizes are like Bike, 5 grm Gold etc )
if I puchase these goods like Bike Gold etc for giving Price for giving prize to costumers can I claim it as Business expenditure fully in income tax or not?
please suggest me any other compliances required under Income Tax and other law