Income tax prectice

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

20 September 2011 I HAS BEEN COMPLITED B.COM 4 YEAR BEFORE.
PLS GIVE ME INFORMETION CAN I DO PRECTICE IN INCOME TAX.
IF YES, THAN WHAT IS THE PROCETURE

C A S.S.Agarwal, M.Com.,LL.B,

C A S.S.Agarwal, M.Com.,LL.B, (Expert)
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21 September 2011 REGISTRATION OF INCOME TAX PRACTITIONERS

Application of Chapter XIV.- This chapter applies for the purposes of section 223, which provides for the registration and regulation of income tax practitioners.

Application for registration as an income tax practitioner.- (1) A person satisfying the requirements in rule 86 and desiring to be registered as an income tax practitioner shall make an application in the form specified in Part X of the First Schedule to these rules.(2)Every application under this rule shall be accompanied by -

(a)a Treasury receipt for five hundred rupees required to be deposited as a non-refundable application fee in any Government Treasury; and

(b such documents, statements and certificates as specified in the form.

Prescribed qualification for registration as an income tax practitioner.- (1) For the purposes of the definition of “income tax practitioner” in sub-section (11) of section 223, a person applying for registration as an income tax practitioner shall:-

(a)possess one of the following qualifications, namely:-

(i)a degree in Law at least in the second division, a degree in Commerce (with Income Tax Law and Accounting or Higher Auditing as subjects or parts of subjects, whether compulsory or optional) or a degree in Business Administration or Business Management (with Accounting and Income Tax law as subjects or parts of subjects, whether compulsory or optional) conferred by a prescribed institution; or

(ii) a pass in a prescribed accounting examination.

(b)have worked for a continuous period of one year as an apprentice under the supervision of a chartered accountant, cost and management accountant, legal practitioners entitled to practice in a civil court in Pakistan, and a registered income tax practitioner registered for a period of not less than ten years.

(2)For the purposes of sub-clause (i) of clause (a) of sub-rule (1), a degree conferred by a prescribed institution that is a foreign university or institution shall only qualify if the degree is equivalent to a degree conferred by a Pakistani university and is recognised as such by a Pakistani university.
(3)In this rule,

(a)“Institute of Chartered Accountants of Pakistan” means the Institute of Chartered Accountants of Pakistan constituted under the Chartered Accountants Ordinance, 1961;

(b“foreign institution” means any institution in a foreign country authorised to grant a degree under the laws of the country;

(c) “foreign university” means any university in a foreign country incorporated by law, or accredited or affiliated by any association of universities or college in the country or by any authority formed for that purpose under the laws of that country;

(d)“prescribed accounting examination” means any of the following examinations, namely:-

(i an examination equivalent to the intermediate examination conducted by the Institute of Chartered Accountants of Pakistan;

(ii)an examination equivalent to the intermediate examination conducted by any foreign institute of chartered accountants and recognised by the Institute of Chartered Accountants of Pakistan as equivalent to its intermediate certificate;

(iii) an examination equivalent the final examination conducted by the Association of Certified and Corporate Accountants, London; or

(iv)Part-III of examination for Cost and Management Accountants conducted by the Institute of Cost and Management Accountants under the Cost and Management Accountants Act, 1966 (XIV of 1966); and

(v)Certified public accountants of USA.

(e)“prescribed institution” means a university incorporated by any law in force in Pakistan or Azad Kashmir, a foreign university or a foreign institution.

Registration of income tax practitioners.- (1) On receipt of an application under rule 85, the Regional Commissioner may make such further enquiries and call for such further information or evidence as may be considered necessary.(2)If the Regional Commissioner is satisfied that an applicant qualifies to be registered as an income tax practitioner, the RCIT shall cause the applicant’s name to be entered in a register to be maintained for the purpose in the office.

(3)The name of a person entered on the register of income tax practitioners shall be notified to the Commissioner and the Appellate Tribunal.

(4)The Regional Commissioner shall notify the applicant, in writing, of the decision on the application.

(5) Where the RCIT decides to refuse an application for registration, the notice referred to in sub-rule (4) shall include a statement of reasons for the refusal.

Duration of registration.- Registration of a person as an Income Tax Practitioner shall remain in force until any of the following occurs, namely:-

(a)the person surrenders the registration by notice in writing to the Regional Commissioner of Income Tax.

(b)the person dies; or

(c)the person’s registration is terminated by the RCIT.

Cancellation of registration.- (1) Any person (including an income tax authority) who considers that an income tax practitioner is guilty of misconduct in a professional capacity may file a complaint in writing with the Commissioner.
2)A complaint filed under sub-rule (1) shall be accompanied by affidavits and other documents as necessary to sustain the complaint.

3)On receipt of a complaint in writing under sub-rule (1), the Commissioner shall fix a date, hour and place which shall be no later than twenty one days from the receipt of the complaint for enquiry into the complaint.

(4)Within seven days of receipt of the complaint, the Commissioner shall serve a notice of the complaint on the Income Tax Practitioner to whom the complaint relates and such notice shall -

(a)inform the practitioner of the date, hour and place of the enquiry; and

(b) be accompanied by a copy of the complaint and any affidavits and other documents accompanying the complaint.

(5) If, at the date fixed for enquiry, it appears that the notice and accompanying documents referred to in sub-rule (4) have not been served as provided for in that sub-rule, the Commissioner shall adjourn the enquiry to a date then to be fixed and may direct that the notice and accompanying documents shall be served by registered post or such other means as the Commissioner sees fit.
(6) Not less than two days before the date or adjourned date fixed for the enquiry, the income tax practitioner concerned shall file with the Commissioner a signed explanation in writing and any affidavit in reply intended to be used in the enquiry.

(7)On the date or adjourned date of the enquiry, the complainant shall file any affidavits in reply intended to be used at the enquiry.
(8)The Commissioner may adjourn the enquiry from time to time to a date and place to be fixed at the time of adjournment and may make such orders and give such directions in regard to the enquiry and all matters relating thereto as the Commissioner may think fit.

(9)On the date or adjourned date fixed for the enquiry, the Commissioner may -

(a)hear and determine the complaint upon the affidavit and other documents, if any, filed and may allow the complainant and income tax practitioner to be cross-examined on their affidavits; or

(b)hear and determine the complaint upon oral evidence.

(10)If the Commissioner decides to hear oral evidence, the procedure generally and as far as practicable shall be that which is followed at the hearing of suits by Civil Courts, provided that the record of oral evidence shall be kept in such manner as the Commissioner may direct and, if a shorthand writer is employed to take down evidence, the transcript of the writer’s notes shall be a record of deposition of the witnesses.

(11)If the Commissioner decides that the income tax practitioner to whom the complaint relates is guilty of professional misconduct, the Commissioner shall cancel the practitioner’s registration.

(12)The Commissioner shall give the complainant and the income tax practitioner to whom the complaint relates notice, in writing, of the Commissioner’s decision on the complaint.

The appeal against the Commissioner’s decision lies with the Regional Commissioner of Income Tax. However, the RCIT on filing of appeal may, pending decision of appeal, allow the ITP to represent, provided such case is made at the time of filing of appeal.