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Wednesday, Jan 12, 2005

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CAs may not be allowed to represent Govt before NTT

Richa Mishra
K.R. Srivats

New Delhi , Jan. 11

THE Government is unlikely to permit chartered accountants (CAs) to represent it before the proposed National Tax Tribunal (NTT) even as the CA community is making a case for such a representation.

Official sources said there was no particular reason behind the proposed clause 13(2) of the NTT Bill 2004, which does not allow CAs to represent the Central Government before NTT.

The Bill, however, permits CAs to present the case of the assessee before the tribunal.

The proposed move to bar CAs from representing the Central Government before the NTT, according to the professionals, is "not logical" as CAs are allowed to take up cases of assesses before the tribunal.

The Institute of Chartered Accountants of India (ICAI) had, in a recent representation to the Government, highlighted that the entire community was concerned about the provision of clause 13(2). ICAI had also held that the composition of NTT, as proposed in the Bill, needs to be reviewed to make it more broad-based.

A parliamentary committee is currently examining the provisions of the Bill. The Bill, when enacted, will lead to the setting up of a NTT with at least 25 benches across the country.

With large number of tax cases pending before various high courts, the creation of the tribunal is expected to expedite their disposal.

The tribunal will examine cases relating to both direct and indirect taxes.

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