When the Supreme Court reversed the decision of Delhi High Courtin Shivakant Jha vs Union of India(2002) 256ITR 536, it said that,”The Court observed that many developed countries tolerate or encourage “treaty shopping”, even if it is unintended, improper or unjustified, for other non-tax reasons, unless it leads to significant loss of tax revenue. The Court cannot judge the legality of
“treaty shopping” merely because one section of thought considers it improper. The court
cannot characterize the act of incorporation under the Mauritian law as a sham or a
device actuated by improper motives. The Court held that the impugned circular was
issued under section 119 and hence valid.”
Friends , all of you might be thinking that why am I writing about the case. Just think for a minute; and realize that can’t we compare the logic of this judgement against th transfer ban imposed like a dictator by the judgement. What I saying is that just as some of the section of these members are feeling so; ICAI can’t ban transfer for “entire” student community. Dummy articleship is banned but I am sure that all CAs as well as CA representatives didn’t approve of this rule to curb individual freedom. The instance of rampant dummy articleship was used by Uttam Agarwal to establish himself as the “messiah for genuine students” and used it to fulfill personal credential and add some achievement to his tenure.(which I think is already blackened by all what has happened in the Diamond Jubilee)
Ved Jain introduced one day gap; Sunil Talati brought record salary for fresh CA in campus placement; and TN Manoharan tried to simplify CA education by introducing CPT to increase the participation of students from diverse backgrounds to enter into CA studies. Uttam Agarwal chose the easiest think ie to target the “disorganized” students community ; who despite being a working class; don’t have a union to support them. Uttam Agarwal tried to do some damage control by announcing that he has sent a proposal to the Central Govt to decrease the articleship period of PCC students by 6 months. He used that to hoodwink student who were baying for his blood and were pressurizing to revoke transfer ban. He just diverted their attention so that he can utilize his full time to defend why his CCM S Gopalkrishnan should not be punished like the MCA wants.
Now let’s analyse what Mr Chopra, new prez. Is upto these days. The oppressed article community who were looking upon Chopra to redeem them ; are puzzled why there has been no response by the President so far. May be he is not considering students area as a way to immoratilse himself in ICAI history or he is not wanting to take the risk of “stirring the hornet’s nest.”One thing is for sure; if there’s will there’s a way. If the president wants; he can have the rules relaxed for students.CAs are trained to bend the rules for self benefit; Chopra can do that if he wants.
Like a CNBC programme said infront of Sunil Talati; that “Can a Broker be trusted to head SEBI?” implying that SEBI is an object of national importance and the broker if heads SEBI will certainly not make rules benefiting nation but harming his personal interests.Maybe that’s the case with our ICAI( and Chopra saab also:There’s no personal gain so Chopra is ignoring our pleas.)
Sources say that shortly after March 27 2009 announcement; some Region’s councils were up in arms over the issue to ban transfer. But UPA appeased them or dealt with them is a mystery.
If our Indian Constitution has legalized the concept of divorce; which is to break a relation if not running smoothly (and is technically meant to be for 7 births); then this relation for 3.5 half years is nothing ; and transfer should be allowed.
WHY EXTRA 6 MONTHS OF HELL FOR PCC STUDENTS ONLY?
CAclubindia
