TaxTMI 
TaxTMI 
TaxTMI 
2015 (11) TMI 8
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....m 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 impugned order. The Ld Counsel submitted that the issues urged by the appellant Shri Vijay V Meghani in the impugned appeal were altogether different and the observations made by the Tribunal in paragraphs 9 to 9.6 were not warranted and were not necessary or required to dispose of the grounds urged by the above said appellant before the Tribunal. The Ld Counsel placed reliance on some of the decisions rendered by the Hon‟ble Supr....
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....ubmitted that the Tribunal has inherent powers to rectify its own orders and since these observations have been made without hearing the ICAI, the Tribunal may rectify the order by using its inherent power. 5. The Ld D. R submitted that the present miscellaneous application has been filed u/s 254(2) of the Act and the Tribunal, under the provisions of sec. 254(2) of the Act, does not have power to review its order and it can only rectify the mistakes apparent from record. 6. We have heard the parties and perused the record. 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 Tribu....
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....d a hypothetical 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 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 ....