EXTENSION OF LEAVES SERVED BUT NOT INTIMATED TO ICAI SO ARTCLESHIP TERMINATED

This query is : Resolved

Rawool Sheetal Shashikant (Querist)
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29 December 2022 Dear Sir/Mam, I have completed my articleship training along with excess leaves of 84 days under the same employer in the year 2013-2014. After that i had submitted Form 107, 108, 103 and 102 to ICAI but I could not submit my Form 103 for extension period to the institute within the specified period of time. In the year 2016 i received articleship termination letter from ICAI. After that i followed up with institute but nothing was happend. So after gap of 4 years now i have started my career. So for Nov 2022 attempt the institute was not allowed to appear the exam due to eligibility criteria but based on provisional registration i filled the form and appeared to the exam but now received email from exam department regarding fulfillment of eligibility criteria otherwise my result will get cancelled. and institute is saying i have to serve excess leave under same employer and my previous employer is not agreeing which i have already served its like i have not submitted to icai. Please check and guide what should i do

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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07 July 2024 It seems you are facing multiple issues regarding your Articleship completion and eligibility criteria for the CA exams. Here’s a step-by-step guide on how to address these concerns:

1. **Excess Leaves and Articleship Completion:**
- **Verification of Excess Leaves:** Ensure you have documented proof of serving the excess leaves during your Articleship period. This could include leave records, correspondence with your employer regarding leaves, and any other relevant documentation.
- **Communication with Previous Employer:** If your previous employer is not agreeing to your served excess leaves, try to gather any written confirmation or records of your leave period from them. It’s crucial to have their acknowledgment or support in resolving this matter.

2. **Submission of Forms to ICAI:**
- **Past Submissions:** You mentioned submitting Forms 107, 108, 103, and 102 to ICAI earlier. Ensure you have proof of these submissions (acknowledgments, receipts, etc.) and any communication with ICAI regarding the submission status.
- **Follow-up with ICAI:** If there was a gap in communication or if your submissions were not processed correctly, follow up with the institute’s regional office or the relevant authority. Provide them with all necessary documentation to support your case.

3. **Eligibility for November 2022 Exams:**
- **Provisional Registration:** If you applied based on provisional registration and there are eligibility concerns now, respond promptly to the email from the exam department. Clarify your situation, including your Articleship completion and any ongoing issues with ICAI.
- **Documentation:** Provide the exam department with any documents they request, such as proof of Articleship completion, submissions to ICAI, or communication with your employer.

4. **Seek Professional Guidance:**
- **Consult with a CA or Legal Advisor:** Given the complexity of your situation and the time-sensitive nature of exam eligibility, consider seeking advice from a practicing Chartered Accountant or a legal advisor familiar with ICAI regulations. They can provide tailored guidance and help navigate the institute's procedures.

5. **Follow Up Diligently:**
- **Keep Records:** Maintain a detailed record of all communications, submissions, and responses from both ICAI and your previous employer. This documentation will be crucial in resolving any disputes or misunderstandings.

By following these steps and ensuring clear communication with both ICAI and your employer, you should be able to address the eligibility concerns for the upcoming exams and resolve any outstanding issues regarding your Articleship completion.

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