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Shri Vijay V Meghani Versus Asstt. Commissioner of Income Tax, Cir. 23 (3) , Mumbai.

2015 (11) TMI 8 - ITAT MUMBAI

Rectification of mistake - ICAI has submitted that the Tribunal has made certain observations about the Chartered Accountancy (C.A.) profession, the conduct of some of the students pursuing the C.A courses and also about ICAI in the impugned order - Held that:- The observations made by the Tribunal about the C.A profession and conduct of the students pursuing the C.A courses, as submitted by Ld A. R, were not necessary to adjudicate the issues that were urged before the Tribunal by the appellant .....

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e duty of one and all to point out and discuss about such kind of developments, when it is noticed that the same may affect the public at large. There cannot be any controversy that the interest of our Country is Supreme and no citizen can or should compromise on the same. We may clarify here that the observations were made by the Tribunal in the impugned order in that context only and it was not the intention of the Tribunal to target any particular person or the ICAI. Accordingly, none of the .....

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l situation and made further observations about the possible consequences, if the said hypothetical situation had been a reality. Hence, it would not be correct to interpret that the Tribunal has commented upon that the standards of C.A profession or the ICAI. The observations made by the Tribunal in the later part of paragraph 9.6 was intended to highlight or reiterate the importance of the articled clerk training and the self study model conceived by the ICAI and the same was intended only to .....

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e of the observations made by the Tribunal in its order dated 20th August, 2014 rendered in the case of Shri Vijay V Meghani in ITA No.5418/Mum/2011 has resulted in a mistake apparent from record and hence the same needs rectification u/s 254(2) of the Act. 2. The Ld Counsel appearing for ICAI has submitted that the Tribunal has made certain observations about the Chartered Accountancy (C.A.) profession, the conduct of some of the students pursuing the C.A courses and also about ICAI in the impu .....

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to the issues under consideration should be avoided by the Courts. Accordingly he submitted that the observations made by the Tribunal has given unintended results affecting the reputation of ICAI. 3. When it was pointed out that the Tribunal has not observed anything which may offend or affect the prestige or reputation of the Institute of Chartered Accountants of India, the Ld Counsel submitted that the observations made by the Tribunal has been interpreted or understood by the public at larg .....

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that were urged before the Tribunal, he prayed that the paragraph 9.6 of the impugned order may kindly be deleted. He submitted that the removal of paragraph 9.6 of the order would not affect the coherence or continuity of the order. 4. When it was pointed out that the ICAI was not a party to the appeal and accordingly when it was questioned about the competency of the ICAI to file this miscellaneous application, the Ld Counsel submitted that the Tribunal has inherent powers to rectify its own .....

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l about the C.A profession and conduct of the students pursuing the C.A courses, as submitted by Ld A. R, were not necessary to adjudicate the issues that were urged before the Tribunal by the appellant Shri Vijay V Meghani. However, in our view, the Income tax Appellate Tribunal, being a part of Government of India, should not shut its eyes when it is noticed that certain developments occurring in the Country may affect the Country as a whole, more particularly when the reputation of particular .....

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the observations were made by the Tribunal in the impugned order in that context only and it was not the intention of the Tribunal to target any particular person or the ICAI. Accordingly, none of the observations made in the order was intended to criticize should be construed as criticizing the functioning of the ICAI. In fact, the Tribunal has only applauded the strict standards followed by ICAI in imparting the education and training. 7. It may be noticed that the paragraph 9.6 of the order, .....

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the later part of paragraph 9.6 was intended to highlight or reiterate the importance of the articled clerk training and the self study model conceived by the ICAI and the same was intended only to give a wake-up call to the students pursuing C.A profession. 8. However, it appears that the observations made in paragraph 9.6 have not conveyed the message as intended by the Tribunal. According to Ld Counsel, the said observations have given room for misinterpretation and resultant controversies. .....

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