Fw: shops and establishment act of w.b.applicable to c.a. firm or not?

[vinod goyal]

Sorry fellow professionals the earlier email got sent wrongly without my query.

Today one lady claiming to be inspector of shops and establishment deptt came to our office and demanded to verify the trade licence.

when I explained that trade license is the domain of kmc and further that c.a. firms are exempt from shops and establishment act,she said that there is amendment in the act and now c.a. firms are also required to register under shops and establishment act.

after much heated argument she has given a notice in writing.

i need enlightenment from institute and fellow professional on this episode and relevant circulars,case law if any.

Vinod Kumar Goyal,
F.C.A.P.G.D in A.D.R. 
Director: A.N.M.I.,National Board
Director: V G Capital Market Pvt Ltd
Chairman:H.P.L.A.
PartnerV.Goyal & Associates


--- On Tue, 16/2/16, vinod goyal <vkg_a...@yahoo.com> wrote:

> From: vinod goyal <vkg_a...@yahoo.com>
> Subject: shops and establishment act of w.b.applicable to c.a. firm or not?
> To: foru...@googlegroups.com, "CA.RANJEET AGARWAL" <ranjee...@gmail.com>
> Cc: "CHAIRMAN-EIRC" <eircch...@icai.in>, sub...@sarafchandra.com
> Date: Tuesday, 16 February, 2016, 1:33 PM
>
> Vinod Kumar Goyal,
> F.C.A.P.G.D in A.D.R. 
> Director: A.N.M.I.,National Board
> Director: V G Capital Market Pvt Ltd
> Chairman:H.P.L.A.
> PartnerV.Goyal & Associates

[pooj...@gmail.com]

I am also having the same problem. Similarly in our firm also the same case happened.Kindly provide whether it is necessary to get registration

[Atul Khemka]

Find attached herewith

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CA Atul Kumar Khemka
Chartered Accountant
23, Business Plaza, 6, Farmland, Ramdaspeth,
Nagpur - 440 010
Ph. 0712-2439310 (O), 
Email - atulk...@rediffmail.com

[vinod goyal]

Dear poojaji,
it is unfortunate that no one responded on such a vital issue giving rise to the suspicion that even chairman or other office bearers of eirc are not clear or do not want to help.

i had a discussion with earlier central council member shri sumantra Guha who was knowing the subject and he said that there is a Calcutta H.C.Decision.
however ,on requesting him to give citation or name of the case he too could not help.

Luckily i was flipping through the May 2016 journal wherein at page no18 under the caption:"know your Ethics"
there is question :whether a c.a. in practice is required to obtain trade license for practicing?
they have answered as under:
"No.a c.a. in practice is not required to obtain any trade licence for practicing as a professional.The cert. of practice issued by ICAIis only requirement to practice as a c.a."

as a corollary there should not be any need of regn. under shops and establishment Act.

however, to deal with these inspector raj we need to have some authoritative document.

Vinod Kumar Goyal,
F.C.A.P.G.D in A.D.R. 
Director: A.N.M.I.,National Board
Director: V G Capital Market Pvt Ltd
Chairman:H.P.L.A.
PartnerV.Goyal & Associates

--------------------------------------------
On Thu, 2/6/16, pooj...@gmail.com <pooj...@gmail.com> wrote:

Subject: [CA RUNGTA PD] Fw: shops and establishment act of w.b.applicable to c.a. firm or not?
To: "forum4ca" <foru...@googlegroups.com>
Date: Thursday, 2 June, 2016, 12:19 PM

[DEBNATH AND ASSOCIATES]

Dear All,
              Please read the definition of "Commercial establishment" in page no. 2 in the Act attached herewith which includes the profession of accountant. Please also read in "CA Ethics Plus" issued by our Institute in page no. 1, question no. 3, we are not require to obtain any trade licence for practicing as a professional. I think, our Council members should see the matter and discuss with the concerned Dept., if require, to solve the problem.
                                                                                                                                                    CA. JOY DEBNATH  
 

---

Date: Fri, 3 Jun 2016 07:41:31 +0530
Subject: Re: [CA RUNGTA PD] Fw: shops and establishment act of w.b.applicable to c.a. firm or not?
From: atulk...@gmail.com
To: foru...@googlegroups.com

[vinod goyal]

Many thanks khemkaji for you kind response.
However, that case is a decision of Bombay h.c.and local west bengal authorities will be reluctant to apply it.
we may have to approach appropriate court here if pressurised .

Vinod Kumar Goyal,
F.C.A.P.G.D in A.D.R. 
Director: A.N.M.I.,National Board
Director: V G Capital Market Pvt Ltd
Chairman:H.P.L.A.
PartnerV.Goyal & Associates

--------------------------------------------

On Fri, 3/6/16, Atul Khemka <atulk...@gmail.com> wrote:

Subject: Re: [CA RUNGTA PD] Fw: shops and establishment act of w.b.applicable to c.a. firm or not?

To: foru...@googlegroups.com
Date: Friday, 3 June, 2016, 7:41 AM

[anup biswas]

SEE ATTACHMENT

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On 2 June 2016 at 12:19, <pooj...@gmail.com> wrote:

I am also having the same problem. Similarly in our firm also the same case happened.Kindly provide whether it is necessary to get registration

[Ashok Kumar Ghosh]

Dear All,
S & E Act is not for applicable for firm of CAs in West Bengal as held by High at Calcutta.
CA Ashok Ghosh.
On Thu, 02 Jun 2016 16:07:13 +0530 pooj...@gmail.com wrote

>I am also having the same problem. Similarly in our firm also the same case happened.Kindly provide whether it is necessary to get registration

[deepak asopa]

Dear All,

I have an query on share transfer. I am having my HUF. My mother is holding certain shares of a company in which I am a director. Now I wish to transfer my mothers shares in my HUF. Can I do it and what is the liability. and at what price I have to transfer.

Whether my mother can gift the shares

Deepak

Thanks & Regards,

 

Deepak. Asopa

9945597588

[Dppoddar]

The following case may be useful 

Legal profession is not a commercial activity - Running of office by an Advocate in a building cannot be termed as Commercial activity - Electricity rates fixed for Commercial user cannot be charged
SUPREME COURT OF INDIA

Before :- Arijit Pasayat & H.K. Sema, JJ.
Civil Appeal No. 1065 of 2000. D/d. 24.8.2005

Chairman, M.P. Electricity Board and Ors. - Appellants
Versus
Shiv Narayan and Anr. - Respondents

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<The West Bengal Shops and Establishments (Amd) Act, 2015.pdf>

<CA ETHICS PLUS.pdf>

[Ashok Kumar Ghosh]

Dear All,
The SE Act is not applicable to CA firms in West Bengal.
Ashok Ghosh.
On Sat, 04 Jun 2016 21:22:44 +0530 DEBNATH AND ASSOCIATES wrote
>


Dear All,
> Pleaseread the definition of"Commercial establishment" in page no. 2 in the Act attached herewith which includes the profession of accountant. Please also read in "CA Ethics Plus" issued by our Institute in pageno. 1, question no. 3, we are not require to obtain any trade licence for practicing as a professional. I think,our Council members should see the matter and discuss with the concerned Dept., if require, to solve theproblem.
> CA. JOY DEBNATH

>Date: Fri, 3 Jun 2016 07:41:31 +0530
Subject: Re: [CA RUNGTA PD] Fw: shops and establishment act of w.b.applicable to c.a. firm or not?
From: atulk...@gmail.com
To: foru...@googlegroups.com

Find attached herewith

On Tue, Feb 16, 2016 at 1:40 PM, 'vinod goyal' via forum4ca wrote:
Sorry fellow professionals the earlier email got sent wrongly without my query.



Today one lady claiming to be inspector of shops and establishment deptt came to our office and demanded to verify the trade licence.



when I explained that trade license is the domain of kmc and further that c.a. firms are exempt from shops and establishment act,she said that there is amendment in the act and now c.a. firms are also required to register under shops and establishment act.



after much heated argument she has given a notice in writing.



i need enlightenment from institute and fellow professional on this episode and relevant circulars,case law if any.



Vinod Kumar Goyal,

F.C.A.P.G.D in A.D.R.

Director: A.N.M.I.,National Board

Director: V G Capital Market Pvt Ltd

Chairman:H.P.L.A.

PartnerV.Goyal & Associates

--- On Tue, 16/2/16, vinod goyal wrote:

> From: vinod goyal

> Subject: shops and establishment act of w.b.applicable to c.a. firm or not?

> To: foru...@googlegroups.com, "CA.RANJEET AGARWAL"

> Cc: "CHAIRMAN-EIRC" , sub...@sarafchandra.com

[KC Jain]

Thank you. Very useful. 

Sent from my iPhone