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Sales Tax Practioners' Association of Maharashtra

"The main object of our Association is to educate the public in general and the members in particulars on Sales Tax and Allied Laws in the State of Maharashtra, India".

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Sales Tax Review

September  2007

Editorial

STORM IN THE TEA CUP

It appears my Editorial in the last issue of this journal, has gathered storming comments from some of my professional brothers. At the outset I say that I have highest regard for Chartered Accountants who are virtually nurtured and flourished on the fields provided by the STPAM for the last few decades. I cannot forget Chartered Accountants like N.C. Mehta, C. N. Sanghavi, Shri P. L.Choudhary, M.S. Vyas, and a host of other seniors who have attained expertise in sales tax. I have drawn inspiration from them. However the field which has provided a common platform for all practitioners including Advocates and Chartered Accountants seems to be corroded by a serious measure of depriving majority of the common players in the same field. There are brilliant persons in all categories including Sales Tax Practitioners, Advocates and Chartered Accountants and this Association is proud for having them within the bond of fraternity under the STPAM. When I said in my Editorial “majority of the audit reports……….”, I did not mean that they were signed by my fellow brothers in the field, particularly the professionals bred by this Association. My main cry was against those who had nothing much to do with sales tax and yet would sign the Audit Report. I am sorry for those who had nothing to do with sales tax and who have ventured in the virgin field without the prerequisites of having capacity to do what they are venturing to do. This is also what has been stated as a fact by the various petitioners before the Court on solemn affirmation. The truth is that there are brilliant knowledgeable Chartered Accountants who have graced the membership of this Association and we have no grievance against them.

At no time in the past there was difference of opinion between the Sales Tax Practitioners, Advocates and Chartered Accountants who have been regularly practising in this field or profession. The question is why this episode arose? When a representation was made by the STPAM to allow STP’s and Advocates to undertake Audit, strenuous attempts were made to deny them the aforesaid right when under the Draft amendment of Rules, it was proposed that those who have been practising in the field of the Sales Tax for over seven years would be allowed to undertake Audit.

The Institute of Chartered Accountants of India intervened in the Writ Petition filed by the STPAM and though a large number of Chartered Accountants are the Members of the Association, opposed the Petition. This certainly created a different atmosphere as a result of reservation of Audit only for Chartered Accountants. Introspection from Chartered Accountants is necessary especially when Legislature lately on 15th August, 2007 has already conferred that right also on Cost Accountants.

Anyway, the matter can be still looked into de-novo if the Chartered Accountants support the demand of the other Members of the Association who are not only in the city of Mumbai but spread all over Maharashtra. Real adverse effect is felt by members or practitioners from remote places, who are virtually driven out of their profession, thereby loosing their source of livelihood.

Jai Hind, Jai Maharashtra

V.P. Patkar
Editor

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