Dear Friends,
Today I wish to draw your attention to non-standing committees of our
Institute. Generally non-standing committees are formed with the
objective of serving some very clearly specified purpose. Therefore,
such committees should ideally be composed of a group of highly
competent, experienced, academically and technically sound professionals
having direct interest in that field. However, if you really get into
the composition and working of these committees you will find them no
less than a criss-cross-mesh and get surprised to know the way
they function, their interface with the members and the real deliverance
of purpose for which they are formed.
Here are few issues which need to be raised about these
committees and corrective future course of action be taken accordingly:
- Do you know that
there are more than 40 non-standing committees of ICAI ranging from
Direct Taxes, Indirect Taxes, Audit to CSR committees, but when any new
notification, circular, amendment or important court ruling comes none
of these committee make any formal announcement to Members. Instead,
many of the council members jump-in to communicate such matters with
their branded version of interpretation of law in a very self styled
manner, which many a times turnout to be totally misinterpreted.
This
shows that council members are overriding the powers of these
non-standing committees and have taken complete administrative control
over them. Instead of circulating an official stand of the committee on
a particular circular, notification, amendment etc., its members start
interacting with members to show their extra-ordinary academic command
over the subject.
- Do you know that
a number of times, these so-called academicians, who are also members
of these committees, get serious jolts while facing tribunals and courts
due to their own limited understanding of the law. There have been
instances where tribunals have warned them to properly distinguish
between basic things like "Statement of Facts" and "Ground of Appeal",
set-aside the correct interpretation of law and misquoting of judgments.
- Do you know that
most of the committees of ICAI have common council members, which only
proves that most of these committees cannot be called "expert
committees".
- Do you know that
many council members become member of multiple non-standing committees
not because of their extra-ordinary caliber, skill or expertise, but for
the reason of positions they hold.
- Do you really think that simply becoming a member of any committee of ICAI can be remotely boasted as any achievement.
- Do you know that
some of the basic functions or objectives for which these committees
were formed are quoted as achievements by our esteemed council members.
Simply because one is a member of a particular committee does not
actually make him an expert in that field, as is claimed by some of the
Council members in their "Manifesto or Vision Doc".
- AND Do you know that
publishing a book on a particular law does not make one an expert of
that LAW. There is a world beyond bare act, circulars, notifications,
amendments and decided cases, which is called the "logical
interpretation of law". In the present age of Google, a book
which is no more than just a compilation of information already
available on official sites of statutory authorities and which does not
interpret the law with a logical mix of Bare Act, Circulars,
Notifications and the interpretations made by courts, has its best place
not on your Book-shelf, but with your nearest "raddiwala".
From the composition of various committees and their
objectives, it appears that some of these committees can be regrouped
and their numbers can be reduced. Further, there has to be some limit of
common memberships. This free for all kind of affair may not serve the
real purpose. It appears that members have been accommodated in
committees not based on their expertise, contribution, standing or
technical knowledge alone but based on the positions they hold and other
non-specified reasons.
It
is, therefore, incorrect for some of our contestants to claim mere
membership in committees to be their achievement. LET'S TALK
OF ACHIEVEMENT OF THE COMMITTEES.
Thank you all & wish you and your family members a very happy & prosperous Diwali.
CA KANTA SHARMA
And I am also Contesting for Central Council