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Vat Audit Writ Petition
– Since the Writ Petition was admitted all of us had apprehension whether the
matter will be properly argued before the Court or not. This is because, only
the wearer knows where the shoe pinches and therefore on and before the date of
hearing we used to get calls from every nook and corner of Maharashtra
suggesting various points for consideration in the Writ. Those who were present
earlier in the Court and witnessed the submissions of senior counsel Mr. R. A.
Dada before Hon'ble Justice Dr. Radhakrishnan and V.C. Daga were inquiring with
great concern whether R. A. Dada would be available for the hearing to be
started in December, 2007. For our misfortune R.A. Dada expressed his inability
to appear for us as he got engaged in other matter and he asked Mr. Vikram
Nankani to argue. Every member wanted that our case should be argued extensively
covering all the points, especially stressing that although the heading of the
section is audit, it is not an audit of books of account in strict sense. We
properly briefed our counsel Mr. Vikram Nankani who also like R.A. Dada
gracefully agreed to stand before the Court on honorary basis.
Mr. Vikram Nankani argued our
case with great responsibility towards his professional brothers and we could
notice that all the points which we were thinking should be marshaled before the
Court were canvassed by him in a scholarly manner, sometimes using witty
language and the Court also burst into laughter. All in all, he played his role
to our utmost satisfaction. At this juncture I on behalf of all our members,
express my sincere gratitude also to Mr. J.D. Nankani of Nankani &
Associates-Advocates and Solicitors, who extended profuse services without which
it would have been difficult for us to manage this gigantic as well as fragile
Petition.
Our seniors and Past Presidents
extended all necessary help asked for and they all were always present in the
court room. To mention very specifically Mr. B.C. Joshi and Mr. P.C. Joshi took
pains to draft elaborate written submissions. So much so some of our outstation
and Local members had also attended the proceeding. In short because of moral
support from all, we did whatever we could and are very much optimistic for the
positive outcome. Even if we lose the matter we have great satisfaction for the
proficiency in which the same was handled. Now let’s keep our fingers crossed
till 17th January, 2008!
The Petition of Bar Council of
Maharashtra & Goa was filed at Nagpur Bench of the Bombay High Court which was
settled and argued by a senior counsel Mr. V.R. Manohar. It was then transferred
and merged with the Petition of STPAM. In Mumbai it was earlier argued by a
senior counsel Mr. Shrihari Aney. Since he was out of town, at the eleventh
hour, we requested senior counsel Mr. Bene Chatterji to stand. I must mention
here that the written submissions for this Petition have been very minutely
drafted by our senior Mr. P.V. Surte. We are immensely thankful to Mr. V.R.
Manohar, Mr. Shrihari Aney and Mr. Bene Chatterji for their graciousness to
respond in the interest of their professional brothers.
Outstation Seminars and our
experience:– Since we took the charge in July 2007, till today 13 seminars have
been organized in association with the District Associations. We got excellent
response from our members and co-operation from the enthusiastic and sincere
office bearers of the District Associations and also from the Heads and
Secretaries of Regional Centres. Probably for the first time the seminar was
organized at Karad and I am happy to mention that the same was arranged
professionally on par with the seminar of the STPAM in Mumbai. Inadvertently the
photographs of the same were remained to be published which in this issue are
being published.
In the seminar held at Mehekar,
one of the participants gave us the well reasoned write up to explain, how the
levy of tax on small hotels is excessive. The same is published in other part of
this Review.
At Sangli and Pune the workshop
series for the benefit of beginners was very minutely chalked out and both these
Associations deserves compliments.
Deepak Bapat
President |
