As was expected, the mega event of the year was accomplished
at Khajuraho, where we organised the 31st RRC. Those who participated would
agree with me that the object and purpose of conducting such a Residential
Refresher Course have been achieved to the fullest satisfaction of one and all.
The climate was quite pleasant and ambience also congenial to the serious study
on the chosen subjects. During the group discussion, there was active
participation coupled with necessary guidance and assistance from the seniors.
The outstation seminar conducted at Yavatmal on 07th January
2007, was also quite successful. While at Yavatmal, professionals from other
Centres like Malkapur, Nanded etc. also requested for similar seminars at their
places.
Yet, one more important event was the mega guidance cell held
on 9th January 2007. The important queries relating to statutory audit were ably
dealt with by the panel members. Each participant very well appreciated the
event.
This year we are privileged to take the lead in organising
Late Shri Nani Palkhiwala Memorial lecture on 23rd February 2007. It has been
decided at the joint meeting of all the five professional organisations that an
eminent jurist be invited to deliver the lecture on Right To Information Act. I
request every body to take advantage of the said lecture.
One of the important task presently pending before the
Hon’ble Minister of Finance is to revive Section 55, 57 & 62 of the Bombay Sales
Tax Act, 1959 and amend each of them retrospectively from 01st January 1960, so
as to remove the deficiencies pointed out by Nagpur Bench of the Hon’ble Bombay
High Court in the case of M/s Shivshyam Sales Enterprises, keeping in mind that
the repealed law during its entire tenure was understood, administered and
followed by both the assessee and the department, so as to treat the order under
Section 57 to be the original order appealable to the superior authority
provided under Section 55. Similarly, all along all the authorities including
the Tribunal, had interpreted the provisions of Section 62 in such a manner that
where the assessee had submitted an application within the statutory period of
two years that could always be considered thereafter. The exercise of the power
of rectification for or against the assessee was treated as an order amenable to
an appeal before the higher authority. The suggested remedial amendments are
very much essential for smooth continuation of all the pending proceedings at
various levels including references before the High Court. I hope that due
attention to this important aspect would be given by the draftsmen. In the past
also, the repealed provisions were revived and amended and therefore, I see no,
legal impediment in amending the repealed Bombay Sales Tax Act, 1959. Doctrine
of Contemporenea Expositio can also be applied while amending the repealed Act.
As we are about to complete the financial year in the near
future, I feel it my duty to recall my expectation from each and every member. I
request each of them to introduce at least one new member to the Association,
thereby helping the Association to serve the fraternity in a better way.
I would like to share with my readers that the writ petition
of the Association filed at Mumbai before the Bombay High Court came up for
hearing on 19th January 2007. After hearing our Sr. Counsel, Shri Rafiq Dada,
the Hon’ble High Court directed the State of Maharashtra to extend the period
for submitting the statutory audit report in Form 704 only through a Chartered
Accountant, to 31st March 2007. The petition is fixed for final disposal on 23rd
February 2007, but in the meanwhile, the Hon’ble Chief Justice would be
requested to transfer the pending writ petition on the same subject from Nagpur
to Mumbai.
While concluding, I may remind the readers that we shall be
completing on 26th January 2007, 57 years of our adoption of Constitution and
declaring the country to be a sovereign democratic republic and 30 years since
declaring it to be a sovereign socialist secular democratic republic. Let us all
reaffirm our allegiance to such wholesome declaration.
Tushar P. Joshi
President