The State of ICAI-Committees

"People with Political mind-set are the same all over. They promise to build a bridge even where there is no river"

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