Form 112 late filing query.

CA CS Akashdeep Singh

Practicing CA

1394 Points Joined June 2008

Yes, if you are doing any course (like M.Com, CS, etc.) during the period of articleship, then you have to file Form 112 with in 30 days from the date of registration in other course. You can also file Form 112 belatedly with requisite fine and condonation request. Condonation request must be submitted by employer, not from student.

CA CS Akashdeep Singh

Practicing CA

1394 Points Joined June 2008

Breach of Regulation 65 & 78 – Non submission of Form 112 - (08-01-2010)

In partial modification of the guidelines as contained in the Announcement dated 14th September 2009, it is hereby notified for the information of all concerned that the Council, in its 291st meeting held on 16th and 17th December 2009, has decided that delay in submission of Form 112 for having done additional / other course alongwith articleship through correspondence mode of study/private student (where there was no requirement of attending any classes at all)/early morning classes/evening classes (with no clash/overlapping between office and teaching hours) be condoned by taking a liberal view of the lapse on the part of the students concerned and membership be granted, as an amnesty measure for all such requests already received or to be received upto 31st March 2010.

However, for additional/other course pursued during day time classes along with articleship, two or more courses at a time alongwith articleship and / or where there is overlapping between working and teaching hours, the Council decided that each such case will be individually considered by the Executive Committee in the light of its decision taken at its 486th meeting held on 21st August 2009 and delay may be condoned and membership may be granted by imposing certain condition(s), as it may deem fit, to be fulfilled by the students concerned before enrollment as a member.

It is notified that wherever any statement made by a student or member is found to be false or varying with the facts discovered during the scrutiny process or later at any stage, the student and/ or member concerned will be liable to be proceeded with in accordance with the Chartered Accountants Act, 1949 and Regulations/Rules framed thereunder.

It was further decided that the student / articled assistants who have not yet taken permission for pursuing a course of study – whether academic or professional – alongwith articleship are advised, in their own interest, to submit Form 112 (can be downloaded from www.icai.org) so as to reach the concerned regional office of the Institute at Mumbai, Chennai, Kolkata, Kanpur or New Delhi, as the case may be, on or before 31st March 2010.

No request for condonation of breach of Regulation 65 & 78 for delay in submission of Form 112 will be considered effective from 1st April 2010.

Joint Secretary (MSS)

05th January, 2010

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Permission for pursuing a course along articleship [Regulations 65 & 78, Form 112] - (18-09-2009)

Attention of the students /articled assistants is drawn to Regulation 65 of the Chartered Accountants Regulations, 1988, reproduced below: -

“Without the previous permission of the Council, obtained on application made in the approved form, no articled assistant shall, during the period of his service as an articled assistant, take any other course of study or training, whether academic or professional, or engage in any business or occupation.”

Of late, it has been noted with concern that the students / articled assistants have not been adhering to the requirements of the aforesaid Regulations while pursuing another course alongwith articleship and have been declaring such a fact while applying for enrolment as a Member of the Institute and seeking condonation for Breach of Regulation 65 /78 for having not taken the permission at the appropriate time.

The Executive Committee while considering such cases expressed its anguish and exhorted the students / articled assistants to pursue only one course alongwith articleship, even that be a graduation course and seek permission of the Council by filing of Form 112 duly certified by the Principal i.e. Chartered Accountant and the Principal of the College concerned within 30 days of taking admission.

The Executive Committee has further noted that the additional course(s) has / have been pursued by the students / articled assistants in violation of the provisions of Regulation 65/ 78 and directed that all requests including cases for which condonation requests have been received be dealt with, in terms of the guidelines, provided herein below: -

Period of Delay	Condition(s) to be complied with by the student for condonation of delay in filing of Form 112.
Upto 1 year	Condone the breach of Regulation 65 and enroll, after three months, from the date of the meeting at which a decision is taken for condonation.
More than 1 year but upto 3 years	Condone the breach of Regulation 65 and enroll, after six months, from the date of the meeting at which a decision is taken for condonation.
More than 3 years but upto 5 years	Condone the breach of Regulation 65 and enroll, after one year, from the date of the meeting at which a decision is taken for condonation.
More than 5 years but upto 7 years	Condone the breach of Regulation 65 and enroll, after two years, from the date of the meeting at which a decision is taken for condonation
More than 7 years but upto 10 years	Condone the breach of Regulation 65 and enroll, after two years, from the date of the meeting at which a decision is taken for condonation as well as on completion of the three months’ Residential Course
More than 10 years	Condone the breach of Regulation 65 and enroll, after three years, from the date of the meeting at which a decision is taken for condonation as well as on completion of the three months’ Residential Course.

The Committee further decided that the students / articled assistants who have not so far taken permission for pursuing additional course alongwith articleship are required to file Form 112 duly completed with the Institute on or before 31st December, 2009 and thereafter no request for Breach of Regulation 65 / 78 will be considered for condonation.

It is clarified that similar provisions will apply to the audit assistants mutatis mutandi.

The above decisions of the Executive Committee are brought to the attention of the Students / articled assistants / audit assistants for necessary compliance.

Secretary

14th September, 2009

rohit

CA Finalist

480 Points Joined April 2009

i also have a query related to.......

im also pursuin c.s and b.com along with c.a. n have already submitted form 112 for b.com should i inform icai for c.s......

plz reply...

CA. Abhishek K. Pandey

Manager (Advance)

901 Points Joined March 2008

Condonation request must be submitted by employer, not from student.

WHATTTTTTTT ARE YOU SERIOUS????????? WHO TOLD YOU THAT.

Guest

it is to be submitted by both principal and article

koolleo87

1268 Points Joined April 2007

Dont worry. Submit before 31st march and nothing will happen....

CA. Abhishek K. Pandey

Manager (Advance)

901 Points Joined March 2008

ANYONE WHO HAS FILED LATE FORM 112, PLZZZ HELP IN THIS REGARD.

CA. Abhishek K. Pandey

Manager (Advance)

901 Points Joined March 2008

Thats releiving!!!!!!!!!! But are you sure? @ koolle087

CA. Abhishek K. Pandey

Manager (Advance)

901 Points Joined March 2008

Originally posted by : rohit
	i also have a query related to....... im also pursuin c.s and b.com along with c.a. n have already submitted form 112 for b.com should i inform icai for c.s...... plz reply...

You cant do two courses alongwith your articleship.

koolleo87

1268 Points Joined April 2007

@ Rohit.....

.

Dont even inform ICAI by mistake also about CS. This will jeopardise your entire career. .

.

@ Abhishek

Sure. I know a few people who got condonation even though they ahd joined other course some 2 years back.

CA. Abhishek K. Pandey

Manager (Advance)

901 Points Joined March 2008

No I am talking about that condonation letter. Is that to be submitted by both article and principal? Please try to confirm with those students who has late filed form.

koolleo87

1268 Points Joined April 2007

Well, write a leter on your own and get your ca to certify it and say that you deserve a condonation,

rohit

CA Finalist

480 Points Joined April 2009

thanx to all fr ur suggestions.....

CA CS Akashdeep Singh

Practicing CA

1394 Points Joined June 2008

Dear Abhishek

I received the letter from ICAI, in which it is clearly mention that "condonation request and reason for delay must be submitted by employer. Request from student or any other partner of the firm shall not be entertained."