Senior Advocate.

Querist : Anonymous (Querist) 15 June 2011 This query is : Resolved
The norms and guidelines for designation as Senior Advocate shall be as follows :-

(a) The Advocate shall be enrolled with the Bar Council of Maharashtra and Goa.

(b) The Advocate should have not less then fifteen years of standing as an Advocate.

(c) The Advocate shall have paid Income Tax on his professional income and his income should not be less then rupees seven lacs and fifty thousand per annum on the date of application.

(d) The Advocate should be serving of distinction by virtue of his ability, integrity, standing at the Bar or special knowledge or experience in law.

(e) An Advocate convicted by any competent Court or against whom charge has been framed for moral turpitude or for Contempt of Court shall not be eligible for consideration.

Question:

1) Income means Gross Income or Net Income.

2) If the Advocate was convicted & has passed 2 or 3 years & then he/she has again enrolled for the advocate profession than the period mention that is 15 years will be count for the re-enrolled period for the very first beginning.

Thanks

Follow Query

Report Abuse

PALNITKAR V.V. (Expert) 15 June 2011
Actually there is no guideline as to whether income should be net or gross. But normally income after deduction of taxes is taken as the income. Secondly, continuous practice for 15 years is considered.

R.Ramachandran (Expert) 15 June 2011
Though as rightly pointed out by Mr. Palnitkar though it has not been specifically stated whether it is gross income or net income, in my view the income should be gross income i.e. whatever has been received as fees towards professional services. Whether the total of such gross income is subjected to income tax, or any exemption, allowance etc., allowed for taxing purposes is quite different.

prabhakar singh (Expert) 15 June 2011
Question:

1) Income means Gross Income or Net Income.???
ANS!here INCOME REFERS TO INCOME THAT IS CHARGEABLE TO TAX as net income after deducting expenditures.

2) If the Advocate was convicted & has passed 2 or 3 years & then he/she has again enrolled for the advocate profession than the period mention that is 15 years will be count for the re-enrolled period for the very first beginning.
A total of all period shall be counted,if word "continue" not used.

Querist : Anonymous (Querist) 15 June 2011
With Due Respected Thanks To All Memebers.

Prabhakar Sir can i have the case law on point no. 1 or any evidence which say that

(here INCOME REFERS TO INCOME THAT IS CHARGEABLE TO TAX as net income after deducting expenditures.)

Thanks.

Raj Kumar Makkad (Expert) 15 June 2011
I do agree with palnitkar.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries