CCM First preferences

Position	NAME OF CANDIDATE	Votes
1	SB Zaware	3265
2	Nilesh Vikamsey	3112
3	Dhinal Shah	2925
4	Jay Chhaira	2685
5	NC Hegde	2557
6	Parag Raval	2322
7	Julfesh Shah	2144
8	Tarun Ghia	2084
9	Nihar Jambusaria	2059
10	Anil Bhandari	1693
11	Dhiraj Khandelwal	1683
12	Prafulla Chhajed	1665
13	Sanjiv Lalan	1659
14	Durgesh Kabra	1620
15	Mangesh Kinare	1603
16	BM Agarwal	1401
17	Shriniwas Joshi	1395
18	Mahesh Madhkholkar	1254
19	Piyush Chhajed	950
20	Sanjay Pawar	613
21	Sangani	40
22	Jai Gupta	31

RCM First preferences

Position	NAME OF CANDIDATE	Votes
1	40. SAVLA PRITI PARAS- (MUMBAI)	1800
2	12. CHITALE SUSHRUT MUKUND- (MUMBAI)	1744
3	29. KHANDELWAL PURUSHOTTAM LAL- (AHMEDABAD)	1728
4	14. DESAI DRUSHTI RAHUL- (MUMBAI)	1642
5	8. ALSHI RAKESH GANPAT- (MUMBAI)	1630
6	46. TALATI ANIKET SUNIL- (AHMEDABAD)	1469
7	17. GADIA MANISH R- (MUMBAI)	1424
8	5. AGRAWAL PRADEEP KANAIYALAL- (VADODARA)	1344
9	28. KELKAR ABHIJIT JAYANT- (NAGPUR)	1331
10	44. SHARMA UMESH RAMNARAYAN- (AURANGABAD)	1241
11	37. SABOO KAMLESH- (THANE)	1170
12	42. SHAH PRIYAM RAMESHBHAI- (AHMEDABAD)	1114
13	34. MUNDADA SATYANARAYAN GOVERDHANLAL- (PUNE)	1078
14	3. AGARWAL VISHNU KUMAR - (MUMBAI)	1018
15	41. SHAH HARDIK PRAVINKUMAR- (SURAT)	1004
16	22. JAIN SANDEEP KAILASHCHAND- (MUMBAI)	949
17	30. KULKARNI VIKRANT MURLIDHAR- (NASHIK)	926
18	47. VAIDYA AMBARISH ASHOK- (PUNE)	891
19	23. JOSHI SARVESH NANDLAL- (PUNE)	842
20	25. KALA JAYESH UMEDMAL- (MUMBAI)	810
21	32. MAJITHIA NEEL PANKAJ- (MUMBAI)	798
22	9. BAJAJ LALIT LAXMINARAYAN- (MUMBAI)	788
23	1. AGARWAL BALKISHAN - (SURAT)	782
24	33. MEHENDALE KEDAR ACHYUT- (MUMBAI)	741
25	45. SHINAGARE SHILPA BABASAHEB- (MUMBAI)	733
26	24. KACHWALA MURTUZA ONALI- (KALYAN)	670
27	10. BARMECHA MOHANLAL SAMPATLAL- (AHMEDNAGAR)	662
28	27. KEDIA SUBODHKUMAR BAJRANGLAL- (AHMEDABAD)	647
29	43. SHAH SHRUTI JAYESH - (MUMBAI)	642
30	11. BHUTWALA HAREKRUSHNA BALVANTRAI- (SURAT)	583
31	36. PALIWAL DAYARAM- (MUMBAI)	582
32	16. DODHIA VANDANA VERSHIBHAI- (MUMBAI)	517
33	20. JAIN ASHOK CHAND- (MUMBAI)	484
34	31. LELE PRAMOD VISHNU- (THANE)	473
35	7. AGRAWAL VIMAL KUMAR- (MUMBAI)	439
36	4. AGRAWAL ASHWINI SURESH - (NAGPUR)	428
37	18. GANDHI PREMAL HEMANT- (MUMBAI)	424
38	21. JAIN MAHAVIR SHANTILAL- (THANE)	409
39	38. SANGHAVI ANKIT PANKAJ- (MUMBAI)	380
40	39. SARDA SATISH GIRDHARLAL- (NAGPUR)	380
41	2. AGARWAL MANOJKUMAR BABULAL - (PIMPRI)	356
42	15. DHAKER GOPAL- (MUMBAI)	308
43	26. KASLIWAL AMBAR- (MUMBAI)	287
44	6. AGRAWAL SWAPNIL MUKUND - (NAGAPUR)	272
45	35. MUNDADE BIPEEN GOPALDAS- (MUMBAI)	268
46	49. WARTY SHANTESH ARVIND- (MUMBAI)	242
47	13. DEHERKAR ARUN VASANT- (THANE)	87
48	48. VORA JAYESH SURYAKANT- (MUMBAI)	62
49	19. JAIN ARUN LAXMICHAND- (MUMBAI)	46

Count down begins

Now the count down. The real numbers. What we see is guesses. And this all will answer the questions...

1.  Can Gujarat give 3 CCM?

2. Can Julfesh Shah make it?

3. Who will be in Dhiraj Khandelwal or BM Agarwal

Here is the list of sure shots in Central Council

Distribution of votes is still on. Looking at the current trend, here is the list of favorite contestants who seems to have taken a decisive lead.

Please note, this is based on the estimates on the votes in their tray:

1. Nilesh Vikamsey
2. S B Zaware
3. Jay chhaira
4. Dhinal Shah
5. Nihar Jambusariya

ICAI Elections:NC Hegde and Purushottam Khandelwal

N C Hegde and Purushottam Khandelwal are doing exceptionally well this time. NC has has bounced back and Purushottam Khandelwal is getting flood of votes

ICAI Elections!!

Apologies my CA friends I am in Dubai and couldn't cover the elections this time and couldn't write the blog. I wish all the best to all the candidates.

Relaxation of Additional Fees

Relaxation of additional fees and extension of last date of filing of for ms M GT-7 (Annual Retur n) and AOC-4 (Financial Statement). Looking to the delay in notification of the electronic versions of forms AOC-4, AOC-4 (XBRL), MGT-7 and AOC-4 CFS, the MCA has decided to relax the additional fees payable on forms AOC-4, AOC-4 XBRL and MGT-7 up to 31/10/2015. Further, a Company which is not required to file its financial statement in XBRL format and required to file its CFS (Consolidated Financial Statements) would be able to do so in the separate form for CFS without any additional fees up to 30/11/2015. [F. No. 1/34/2013-CL-V dated 13th July, 2015]

MCA Annual filing available wef 25-09-2015

MCA to make Annual filing forms available w.e.f. 25th September, 2015

The Ministry of Corporate Affairs has issued a General notice dated 24th September, 2015 for the introduction of New forms AOC-4(Non-XBRL), MGT-7, ADT-2 & SH-9 is being made available w.e.f 25th September 2015 along with C&I Validation tool beta version. You are requested to plan accordingly.
New Versions of forms CRA-4 and CHG-4 are also likely to be modified w.e.f 25th Sept 2015.
Stakeholders are requested to plan accordingly.

Summary of the moves for the Extention of Date u/s 44AB:-

Summary of the moves for the Extention of Date u/s 44AB:-

1.Bombay HC-Chamber of Tax Consultants Vs. Union of India & Ors (WP-2764/2015)

Adjourned to 29-09-2015

2. Orissa HC-Jagdish Prasad Mittal Vs. Union of India & Ors
WP-17178/2015

Adjourned to 25-09-2015

3. Karnataka HC-Karnataka State Chartered Accountants Association (KSCAA) Vs. Union of India & Ors
WP-41109/2015

Judgment on 28-09-2015

4. Rajasthan HC-Devendra Kumar Somani Vs. Union of India & Ors
(CW-10974/2015)

Now Listed on 29-09-2015

5.Delhi HC- Avinash Gupta & Ors. Vs. Union of India & Ors
(WP(C)-9032/2015)

Extension Refused :21-09-2015

6. Punjab & Haryana HC-Vishal Garg & Ors. Vs. Union of India & Anr (CWP-19770/2015)

Next Hearing  : 28-09-2015

7.Gujarat HC-All Gujarat Federation of Tax Consultants (AGFTC) vs Central Board of Direct Taxes ( SCA-15075/2015)

Next hearing 28-09-2015.

HC dismisses petition for extension

HC dismisses petition filed by Chartered Accountant seeking extension of tax audit due date; Petitioner argued that assessees are entitled as a matter of 'right', to 180 days period for filing of return which in the instant case was being denied since the forms were notified only on July 29, 2015; Petitioner further justified extension plea on grounds of amendments in Companies Act, bonafide impression among CAs that there would be changes/modifications in Form 3CD due to Finance Act amendments and alleged discrimination by CBDT through its act of granting extension for July 31st due date but refusing to do the same for tax audit; HC, rejecting petitioner's submissions, observes that nowhere in the scheme of Income tax Act is 180 days assured to the assessee, holds".. the time taken in audit, which is variable, will be determinative of the time available thereafter for filing the ITR. The said audit is not dependent upon the prescription of the forms for report of the said audit and / or for filing of the ITR. " ; HC notes that the CBDT has applied its mind in the matter, cites its press release dated September 9 ruling out any extension of due date; Further rules that such policy decisions of Government ought not to be interfered by the Court, unless undue prejudice caused; However Court directs CBDT to ensure that the forms that are to be prescribed for the Audit Report/for filing ITR, are available as on April 1 of the assessment year unless there is a valid reason that ought to be recorded  :Delhi High Court

Various Legal Phrases Used in Law:-

1.Anything which you cannot do directly that you cannot do directly
2.Deeming fiction cannot be stretched beyonyd the purpose for which it is created
3.The words used in Law are not used for Nothing
4.To invoke Provision : To make use of particular provision
5.Ipso Facto: By this fact alone or because of this matter alone
6.'MAY' may be treated as 'SHALL' but 'SHALL' shall not be treated as 'MAY'
7.Tenable: Acceptable in law
8.Redundant Provision : Out of Force or Outdated Provision
9.Quasi : Almost Similar to
10.Quasi Criminal: Almost equal to criminal
11.Jurisprudence: Law relating to particular matter
12.Mensrea: Guilty Mind
13.Ibid: As printed earlier
14.Suo Moto: On its own
15.Prima Facie: On its face
16.Non est: What is not in existence / Non existing thing
17.Call in question: To challenge
18.De Nova: Completely New
19.Sine quo non: Most essential thing
20.Purposes of this Act: Proceeding mustbe pending
21.Reason to believe Vs Reason to suspect: Refer various caselaws
22.Derived from & attributable to: Derived from refers to direct connection with aparticular matter whereas attributable to refers to an indirect connection
23.Mutatis Mutandis: After making necessary changes as may be required
24.Discovery Vs Detection: Discovery is made by the assessee whereas detectionisdone by the Assessing Officer
25.To Quash: The process of cancelling the proceeding of Assessing Authorities byJudicial Authorities
26.So far as may be: To the extent possible
27.Travisity of Justice : A ridiculous interpretation of a very serious statement,making amockery of a very serious matter
28.To impugne : To challenge
29.Save as otherwise provided : Except tothe extent as oppositely provided
30.If one section is overriding the other section : Use Words "Not withstandinganything contained in ……
"31.If one section is superceded by the other section : Use words "Save as otherwiseprovided……….."32.Other provisions apply in General way:Use words "Without prejudice to theprovisions ……………..
"33.Reckoned : Recognised, Counted, Calculated
34.Doctrine of Merger: When an order passed by the lower authority is superceded bythe higher authority
35.Doctrine : Principle or saying in general acceptance
36.In Pari Material Pavi Causa: Same material, same content {Eg. Sec. 24B of ITAct,1922 is Pari Material with Sec. 159 of IT Act, 1961. In such a case a judgement givenin respect of section 24B would be valid in respect of sec. 159}
37.Per se : By itself
38.Cy Press : As near as possible
39.Tax is always charged, Interest is levied and Penalty is imposed40 Deductions are admissible, Relief is granted.
41.Return is always furnished, Assessment order is made / passed.
42.De hors : Independent of
43.Order of Injunction of HC : Stay order.
44.Several Liability means separate liability. [Refer sections 168(3), 171(7), 179(1)178(5) & 188A.]
45.Legatee is a person for whose benefit there exists an asset of a deceased
46.Locus Standi : Directly involved in relation or deal.
47.Garnishee Proceeding : The proceeding which gives Govt. the right to attach (i.e.forcibly take over) any asset from a person who is defaulter.
48.Vitiate Proceedings : To make proceedings null, void.
49.Inter alia : Among other things.
50.Audit Altream partem : It is a principle of natural justice. According to this principle,which is the principle in every civilized jurisprudence, a person against whom anyaction is sought to be taken or a person whose rights or interests are to be affectedshould be given a reasonable opportunityto defend himself.
51.Resjudicata : [Once the decision of HC comes then on that same point again appealcannot be made.] The issue of Law whichhas been already decided shall not bepleaded for review.
52.In Limine : At the outset (i.e. at the beginning)
53.Suspended animus : An order under Appeal is not subject to any action by anyauthority till the order disposing of the appeal is available.
54.Subjudice : Under an appeal to a court,decision awaited.
55.Adjudicate : Consider for judgement. Acourt adjudicates means gives its decision ona particular matter.
56. Akin : Similar to; of the same typeCoterminus : Similar to; of the same type
57.Impediment : Obstacles or Hindrance.
58.Sine Di: For indefinite period.
59. To deduce : Logically come to the conclusion.
60.Purview : Scope
61.Bounty : Additional Advantage
62.Ad Hoc : Without any particular rate, percentage, proportion.
63.Ad infinitum : Without any Time limit.
64.Ad interim : In the Mean Time
65.Bonafide : Genuine
66.Surmises : Presumptions, own assumptions
67.Defacto : Infact
68.Defjure : In Law, irrespective of whatever the facts.
69.Ejusdem Generis : Of the same kind
70.Ex-gratia : As a matter of grace ir favour
71.Ignorantia Legis known excusat : Ignorance of law is not excused
72.Mesne Profit : Profit earned by somebody by wrongful possession of property.
73.Modus Operandi : Mode of Operation /Manner of working
74.Nexus : Close connection link.
75.Onus probandi : Onus of proof / The burden of Proof.
76.Non obnstante clause : That provisionhas superceding effect on any other provision
77. Raison D'etre : Reason or justification for existence.
78.Ratio Decidendi : Reason for deciding / Grounds for decision
79.Suijuris : of his own right.
80.Assessee engaged in ……………. : The activity should have started
81.Option Vs Discretion : Whenever choices is available to the assessee in respect ofany matter. Law uses the word at his option - for eg:1. Sec 11(11) - Explanation to Sec. 11 (1)2. Sec. 23(4)
82.amicus curiae : Friend of court; one who voluntarily or on invitation of the court, andnot on instructions of any party, helps thecourt in any judicial proceedings
83.audi alteram : hear the other side. Both sides should be heard before a decision isarrived at
84.caveat emptor : let the purchaser beware. A ---------- implying that the buyer mustbe cautious, as the risk is his and not thatof the seller.
85.cestui que trust : a beneficiary under atrust, the person for whose benefit the trust iscreated
86.ex officio : by virtue of an office.
87.ex parte : exkpression used to signify something done or said by one person not in thepresence of his opponent.
88.fait accompli : An accomplished act.
89.obiter diccum : an opinion of law not necessary to the decision. An exspression ofopinion (formed) by a judge on a question immaterial to the ratio decidendi, andunnecessary for the decision of the particular case. It is no way binding on any court,but may receive attention as being an opinion of the high authority.
90.pendente lite : during litigation.
91. per incuriam : through carelessness, through inadvertence. A decision of the court isnot binding precedent if given peer incuriam, that is, without the court's attention havingbeen drawn to the relevant authorities, or statutes.
92. pro tanto : to that extent, for so much, for as much as may be.
93. quid pro quo : the giving of one thing of value for another thing of value; one fortheother; thing given as compensation.
94. Ratio Decidendi : Reason for deciding / Grounds for decision
95. res integra : an untouched matter; a point without a precedent; a case of novelimpression.
96 rule njsi : a rule to show cause why a party should not do a certain act, or why theobject of the rule should not be enforced.
97 in personam : against the person; an act or preceeding done or directed withreference to no specific person or with reference to all whom it might concern.
98 in rem : an act / proceeding done or directed with reference to no specific person orwith refernce to all whom it might concern.
99 inter vivos : between living persons.
100 intestate : a person is deemed to die intestate in respect of property of which he or shehas not made a testamentary disposition ("will") capable of taking effect.
101 intra vires : within the powers; within the authority given by law.
102 ipse dixit : he himself said it; there is no other authority.
103 ipso jure : by the law itself ; by the mere operation of law.
104 lis pendens : a pending suit.
105 rule absolute : when, having heard counsels, court directs the performance of that actforthwith.
106 sine die : without delay.
107 stare decisis : to stand by things decided; to abide by precedents where the samepoints come again in litigation.
108 status quo : existing condition.
109 sub judice : before a judge or court; pending decision of a competent court.
110 ultra vires : beyond one's power..