Can i fill my form 103 while my 109 has not been approve yet_2nd year transfer

This query is : Resolved

sakshi dogra (Querist)
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12 February 2024 Dear Experts,

I submitted my Form 109 on 25-01-2024 and it shows the status "Awaiting Competent Authority Approval" but it's still not approved my due date for submitting Form 103 only has 3 days left as I showed in Form 109 transfer date 16-01-2024. so kindly give me your advice on what should I do. whether file form 103 while my form 109 is still not approved? I already called the help desk but they all told me to wait further I did raise a ticket but in the response, they said to wait for approval, please I need your advice.

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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06 July 2024 Given your situation where Form 109 is pending approval and the due date for submitting Form 103 is approaching, here are some steps you can consider:

1. **Follow Up with ICAI Helpdesk**: Continue following up with the ICAI helpdesk regularly regarding the status of Form 109. Keep records of your communications with them, including any ticket numbers or reference numbers provided.

2. **Review the Guidelines**: Check the ICAI guidelines or regulations to understand if there is any provision or alternative process in case Form 109 approval is delayed.

3. **Consult with a Professional**: If possible, seek advice from a professional such as a chartered accountant who has experience with ICAI procedures. They may provide insights or options that could help in your situation.

4. **Consider Filing Form 103**: Since the due date for Form 103 is approaching and you are unsure of Form 109 approval timelines, evaluate the risk of not filing Form 103 versus filing it with the information available. If you decide to file Form 103, clearly mention the status of Form 109 in the relevant sections and attach any communication or acknowledgment from ICAI regarding Form 109 submission.

5. **Document Everything**: Keep detailed records of all forms submitted, communications with ICAI, and any advice received from professionals or ICAI helpdesk. This documentation will be crucial in case of any future queries or audits.

Given the urgency and the approaching deadline, balancing between waiting for Form 109 approval and complying with the submission requirements for Form 103 is essential. Always prioritize compliance and ensure all necessary documentation is in order to avoid any potential penalties or issues.