22 June 2011
As per the ICAI rules and regulation exam days are eligible for set off of leaves taken. Whether holiday between two papers is also eligible for set off as per ICAI rules?
23 June 2011
NO. As the Institute provides only the examination days. It all depends on your employer how he treats examination days.
In fact the rule of leave and examination days were not be included in the leave was framed long back when there was no gape between one paper and another.
In my opinion the matter should be referred to ICAI Board for clarification which will not help you but several Laks Students as well as the employer Chartered Accountants
23 June 2011
Agarwal sir is right, this is a confusing and debatable matter, but as far icai doesn't clarify this you can count gap days in exam days. because no one can be expected to attend office in exam gaps, further icai also write in notifications that exams will be held from 2nd may to 18 may for final students, so it suggests that gap days are actually a part of exam part
No doubt interpretation is one thing and reality is another thing. Here if a C.A. debates that I have not asked the ICAI to allow gaps then what will happen? It is always better to get the clarification from ICAI and ICAI issues the notification that all days including gaps are to be treated as present days for students.
As far as I remember last year an article was paid less for the examination gap days and he could not do anything. You are right that no one will join the office during the gap days but then why the employer will pay extra for non attending of office? Take the lead on this issue and through the Students union the matter should be referred to ICAI. I am sure this will be considered and all problems shall be solved once for all. C.A. S. S. AGARWAL, MUMBAI
23 June 2011
I agree sir, i expressed my opinion with a condition that as far as icai doesn't clarify, you can....,
suppose one has to file form 109/108 and have to count leave days, than he can not wait till the clarification, clarification is needed but till than a reasonable interpretation is necessary to do formalities on time.
in leave provisions icai states that exam days will not be considered as leave days, and in notification icai states that exam will be held from 2nd may to 16th may,
so it can be interpreted that all these days were not leave days.
still it is debatable matter and a clarification is required but till than we have to take interpretations
23 June 2011
Yes the article should convince his employer for this I understand where the problem lies and my articles are getting the benefit but what about the others. Again examination days means the day on which you are in the examination hall and not in the house. This is the difficulties. You may interpret-ate in different manner and same can be done in different manner by others. So, it is better try to take your employer in confidence while signing 108/109 for you.
I have never said that you are wrong. You are free to find out the meaning which is in your interest and this is called interpretation and it gives birth to litigation and cases are reported. You are going in right direction and you can be very good C. A. in long run because till you argue you would not be stand before the ITOs and others. So make a habit to find out different meaning.
23 June 2011
thanks a lot sir, we both agreed that it is a debatable issue, and we started the debate, you playing a CA and i Article.. thanks for your wishes, i actually very inspired by your way of presenting the answer and wish to learn lot by following you in forum, further talks in profiles. no spamming here :d i hope "Saurabh Redasani" has got the perfect possible answer
24 June 2011
In fact experience is very much material. I have experience of about 35 years and since 1976 I have been appearing before ITAT, (High Court and Supreme Court cases are dealt by me on advisory basis) my many cases are reported. I am imparting coaching to the students of C. A. and attached with the various activities of ICAI try to be a like me if you are inspired by my replies.
I do deliver 3 to 4 hors lecture on how to pass C. A. Examination in ICAI. Generally the programme is conducted by WIRC at MUMBAI. On demand from the students association I deliver the lecture on the same issue outside Mumbai. If you really want to pass C. A. and if you get the chance to attend that very pro-gramme you must attend and see the result.
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