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Sunil Datte (Engineer)     31 October 2012

Practicing as tax consultant

 

Dear Respected Members,

 

 

I have a query, and I would be appreciate if you could help me with your valuable suggestions.

 

 

My brother in Law is an Advocate doing practice at West Bengal (Calcutta) and wants to practice in Tax matter and start a Law firm to provide accounting, accounting outsourcing, taxation, and legal services here at Maharashtra(Pune).

 

 

He has done B.A, MBA (Finance), L.L.B, L.L.M (Business Law) (C.S, (pursuing) CWA (pursuing)) and Diploma in Cyber Law (Completed) He is also a Life Member of All India Federation of Tax Practitioners,  

 

 

He use to stay at Calcutta, and now wants to shift here to Maharashtra, (Pune)

 

 

Can he do his practice here at Maharashtra with WB Bar Council Enrollment or he need to be a member of Maharashtra and GOA Bar Council Member?

 

 

He use to work with a Limited Company as Manager Accounts earlier,

 

 

1-      Can he sign the Balance Sheet, Profit & Loss Account, and Audit Report for his client?

 

 

2-      Can he present himself before ITO, commissioner of Income Tax, VAT Excise and Service Tax on behalf of his client?

3- He Wants to Ph.D from Pune university, hence shifting Pune. 

 

 

The most valuable question for me is, is Pune is the right place for him for above business, because my business job is not permanent and my company may ask me for a transfer, then he will be alone here, that is my big worry, I have family pressure to make an arrangement for him, like office etc…….

 

 

I’m really worried because i'll have take of him, for everything. 

 

 

Please help me with your practical experience. 

Regards

Sunil

 

 



Learning

 5 Replies

Samson Samuel (Lawyer)     31 October 2012

Hi Sunil

Lot of questions.... :)

Firstly your brother in law if wants to practice law in pune he needs to transfer his enrolment from Calcutta to pune. It not a long process, he can contact the State Bar Council of Maharashtra.

One more thing, you said that he was working in a limited company as Manager. In that case as per he must had surrendered his practice license while entering into job. So now he is required to get his license reissued again. The Bar Council charges Rs.10000/- for reissue.

Ans.

1. He is not authorised to sign the Balance Sheet, Profit & Loss Account, and Audit Report for his client as he is not the member of ICAI.

2. Yes he can present himself on behalf of his cleints as a lawyer.

Sunil Datte (Engineer)     01 November 2012

 

Yes I knew it, this is not that much easy as my family thinking,

But sir as my brother in-law says, it is not necessary to transfer his Bar Council to Maharashtra, he saying he can do practice anywhere in India being a Member of Bar Council of India(Advocate), is this true?

 Regards

Sunil

Samson Samuel (Lawyer)     01 November 2012

Sunil

As per Section 30 of The Advocates Act, 1961 an advocate has the right to practice anywhere in India an for this purpose transfer on enrolment is not required. So, yes yor brother-in-law is true. Now i guess you wil be forced to work for him against your will.. :)

Sunil Datte (Engineer)     02 November 2012

 

Yes sir, not exactly, but like that................

I sincerely thanks to your help.

 

Regards

Sunil

Samson Samuel (Lawyer)     03 November 2012

Happy to help


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