ICAI to implead in Tax Lawyers Association case
IN TIOL-DDT 2414 11.08.2014 we carried a report 'Only Advocates to appear before VAT Authorities'.
The Lucknow Bench of the Allahabad High Court on 6th August 2014 issued notice to the Advocate General and as an interim measure directed that any person, who is not a registered Advocate, shall not be permitted to appear before the Authority under the VAT Act.
It seems that the above has caused jitters amongst the other professionals who used to practice before the High Court in the VAT cases.
In the above context, The Institute of Chartered Accountants of India has made an announcement on its website which reads -
This is with reference to the order passed by the Lucknow Bench of the Allahabad High Court in the matter of Tax Lawyers Association & Anr. v/s State of U.P. & Ors. whereby only registered advocates are permitted to appear before the Authority under the VAT Act in the State Of U.P. The Institute is seized of the matter and taking all steps to ensure that the status quo ante is restored in the matter and interest of the profession is preserved. As a first step, it is proposed to implead ICAI in the aforesaid matter as ICAI is not a party to the said case.
Call it coincidence, but the Lucknow Bench of the Allahabad High Court in another case has held that the Service Tax officers have no power to audit the assesses and Audit can be done only by Chartered Accountants and in the case of PSUs by the CAG. We carried this report in /31.01.2014.