When I concluded my maiden communication with you, I hardly
realised the intensity of the upcoming heavy rains in the city and other places
in Maharashtra as well as the nearby States of Gujarat, Rajasthan and Andhra
Pradesh. The flooding of various areas in the State of Maharashtra and the
resultant damage to roads and property once again has proved the promises made
by the bureaucrats to be incorrect. It has also shown that the citizens of this
State are asked to suffer consistently year after year without any ray of hope
for a better treatment. It seems the citizens have shown more than expected
tolerance towards the apathy by the administration and are suffering day in and
day out, with political parties trying to take the best advantage on it.
Ultimately the Bombay High Court had to intervened with strict direction to
remedy the roads in the city of Mumbai from all the potholes.
Coming nearer to the events with which we are concerned, I
may first refer to a good news. Our Hon’ble President of the Maharashtra Sales
Tax Tribunal have been given three years extension, thus forestalling the
uncertainties that prevailed on 7th floor about the working of the Tribunal.
Another good news is the constitution of two more benches and the appointment of
the required number of members and the infrastructure required for the same. I
wish that in the near future, we have as many as six benches working with speed,
so as to reduce the backlog of folders waiting for final disposal.
The Ordinance No. 6 of 2006 have been replaced by the
Maharashtra Legislative Assembly with approval in entirety. It is really
regrettable to notice the plight of tax-payers and the members of the
Association who are waiting anxiously for the consequential rules and
notifications. We have only one notification as published relating to the
partial concession of VAT in excess of 4% in the sales to State and Central
Governments and electric generating and distributing companies. While the format
of the statement to be filed annually by the purchasing organisation is annexed
to the notification, no format is prescribed for the application required to be
made to the Commissioner for granting the certificate under the said
notification, nor the departmental officials seems to be aware about such a
notification. This calls for remedial action by the departmental head.
Now referring to the activities of our Association, the first
study circle meeting was inaugurated by Hon’ble Shri G. D. Parekh on 3rd August,
2006. Shri Firoze Andhyarujina delivered the talk on controversial issues
relating to the levy of tax on intangible goods. The hall on the first floor of
Vikrikar Bhavan, Mumbai, was completely full with several individuals standing
in the lobby to enrich their knowledge on the subject. Each and every
participant was spellbound by the forceful speech of the learned speaker. The
seniors in the profession and the Hon’ble members of the Tribunal, including the
President, were very much impressed by the extempore speech without the help of
any note in writing, especially when the speaker referred to the relevant
citations of all the cases.
The plan of having Seminars at outstations got fillip by a
Joint Seminar at Nagpur on 5th August, 2006, organised by Nagpur Tax Bar
Association and Vidarbha Tax Practitioners' Association. The Seminar was well
appreciated by all the participants and each of the participants were enriched
with the expert and thought provoking address by all the faculty members.
The monsoon season was fully enjoyed by some of our members
during their stay at Daman from 11th August to 13th August, 2006. I compliment
the Convenor of the Picnic Committee, Mr. Shashank S. Dhond, for all the nice
arrangements.
Taking a glance on the upcoming event on 25th August, 2006,
where the Hon’ble Commissioner of Sales Tax and other departmental officials
will deal with the online procedure of obtaining the declarations under the
Central Sales Tax Act, 1956. The officials will also clarify certain practical
difficulties in complying with the new refund procedure under MVAT Act.
Yet another Joint Seminar with Malad Chamber of Tax
Consultants is scheduled on 16th September, 2006, dealing with several practical
aspects of statutory audit under MVAT Act. In between, however, on 29th August,
2006, first workshop also will deal with issues relating to statutory audit. The
detailed circulars in that regard have already been despatched to all the
members. I hope the benefit of all such educative programmes would be availed by
all the members.
For planning the programmes at district levels, I once again
request the members from all such places to forward the suggested topics and the
convenient dates for better results.
By the time I pen down my next communication, all of us will
have the privilege of having the blessings for ten days from Lord Ganesh during
his sojourn amongst us.
Finally I would say to all our Jain Members as well as Non-Jain
Members as well !