Khaitan & Co former indirect tax executive director Manish Mishra joined Link Legal - India Law Services as a partner on Monday, according to a press release.
He will be setting up the tax practice at Link Legal, starting with a standalone indirect tax unit, which would gradually merge and synergise with the other firm’s practice areas, such as corporate commercial and infrastructure, explained Mishra. Without a tax practice, clients would go and get such tax advice from ‘Big Four’ accountancy firms or other law firms.
“The idea of joining Link Legal is, there is a lot of opportunity on the tax side: a practice that is doing well in the times to come,” he said. “So many changes in service tax laws, tax authorities are so aggressive, so many disputes are coming up - tax is not something you can ignore for the time being. Both from the firm’s perspective and my perspective it made a lot of sense.”
“Link Legal otherwise has a complete portfolio – this was the missing link.”
Mishra was leading Khaitan Delhi’s indirect tax practice between 2009 and June 2013 after two years as a senior manager at KPMG India, one year at BMR Advisors, and nearly seven years at Indian Oil.
He qualified as a lawyer in 2012 with an LLB from Chaudhary Charan Singh University. He also holds a cost and management accountancy qualification from the Institute of Cost and Works Accountants of India (ICWAI) and an MBA from University of Lucknow (both 1998), and a BCom in accounting and finance Sri Aurobindo College, Delhi University (1993).
Khaitan & Co Mumbai partner Rabindra Jhunjhunwala said that he wished him well.
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Acquiring a Law Degree and setting up law practice has become the easiest thing in India.
Very unfortunate that States like Andhra and Karnataka are virtually selling law degrees without insisting on class attendance. PIL in Madurai Bench of Madras High Court has to decide the fate of such practice.
It has become a common practice for CA/CWA/CS to buy a law degree while they were in regular employment and flaunt that they are as qualified/efficient as a Lawyer.
Does Law permit a person to be an employee as well as a regular law course student?
N.B.: Now dont comment that this statement is made out of fear or frustration they any other professional with just a law degree (obtained half way in his/her career) will become a competitor to a LAWYER, who is a LAWYER from day one of his/her career. Keen about knowing the statutory norms that govern obtaining law degree and how to curtail such practices. Can anyone become Doctor/Engineer/Pilot/Civil Servant at whichever age he/she wants to.
To earn a law degree, one must meet the prescribed attendance requirement. Naturally, if a person working full-time in one city chooses a law college in another city for their evening classes, people will comment. This should answer Kian's question below.
Trust you are aware that this country is headed by somebody indirectly without any formal education . Even two of our ex PM had no formal education . Forget that , even some of our law firm ownership also have doubtful education and desired experience . 99 % of our Film star / Cricketer/ etc who are influencing large section of our society are without proper education and the list goes on ...... Why are you after Madhur ?
Dear Mr./Ms. Believe it,
Two wrongs do not make a right - Someone else may do something bad and not be punished, but that does not mean you are allowed to do bad things.
You have not answered my question "Can anyone become Doctor/Engineer/Pilot/Civil Servant at whichever age he/she wants to."
And please dont misunderstand that im chasing Madhur. For the first time im hearing about him.
Law is certainly not offered as a part time/distance education in India. How is it becoming possible for anyone to acquire Law degree while professing a profession.
This has to be seriously stopped.
Would request LI to do an investigative journalism on such illegal acquiring of law degrees by the so-called Lawyers.
Solve this puzzle Kian.. why silent
Answer - Why does it matter?
And are you supporting age discrimination? At what age should a person not be allowed to acquire a degree?
I don't want to get personal at all, particularly because I love the piquancy of a sentence that includes charming Yoda-speak such as "For the first time im [sic] hearing about him," but your concern might be better directed at the quality of the candidate and his achievement rather than his age. Call me...old fashioned.
It matters because people acquiring (buying for money) law degree posing an unhealthy competition for young lawyers. Think of the morale of a young lawyer (I presume you knew the difficulty posing the legal profession and the income a young lawyer can generate).
An youngster enter the profession with many hopes and dreams and slogs during the formative years for no sizeable income. When he finds any person just jumping into practice, after earning enough money in Govt./private service, his confidence obviously gets dented. Why should laws in India encourage such unhealthy rather filthy practice of allowing any one can study/practice law at any age.
This is the stupidest thing anyone can say. You see, clients will not pay a farthing to a professional without a degree, which is why people buy degrees :) Also, in the field of corporate law, degrees from NLUs, Oxford, Harvard, etc. are valued for a reason: everyone cares.
A "genuine" lawyer will whip a phoney's a$$ any day Lala-ji!
He he :)
Dear Salve,
FYI,
I am not from any of the NLUs. I do not work for a big firm. Instead of routing your anger on me, turn it on to the people who treat Law Degree as a commodity sold in shop, that can be bought any time they need.
Advise those guys to resign from their existing assignment, join a law college, attend classes, write exams, then join the noble profession.
I hope you know how difficult it is to become a place for an young lawyer in legal profession.
Can face challenges, not nasty challenges, with nasty guys.
"Genuine" may have gone slightly overboard with some of his/her direct comments at MM, but to the extent he/she is generally discussing an issue that plagues the profession, I am able to lend my full support.
Law aint Lala business: generally discussing an issue that plagues the profession.
Me: people acquiring (buying for money) law degree posing an unhealthy competition for young lawyers.
You:It is indeed very hard to be successful in any profession and even harder in legal practice unless you are son/daughter of rich .
Even after reading the above, how can you still say:clients have refused to chose any of you to represent them and, hence, you are now free to sling mud over news makers.
We (including you, i presume) are worried about the quality and integrity of the noble profession that is being contaminated by people who buy law degree as a product in the shelf of a supermarket.
People (Mahatma Gandhi, Pt. Nehru, etc.,) raising/discussing social concerns to bring a change are not jobless.
Suggest ways, if you have, for curtailing illegal practices and unheathly competition.
logicalillogical conclusions! Last time you said it "seems" that I work with a big firm and now you manage to conclude that I "admitted" lack of clients! Ha ha. Lawyers like me advice top clients from their initial days in the profession (now you'll "conclude" that I have a rich dad who sponsored an Ivy League education), which is anyways not relevant when discussing the issue of importance of integrity in the profession.Why does this discussion bother you so much personally that you lose logic and resort to cheap shots? We are discussing an "issue" and not a "person".
Hats Off Lala. In fact Girish knew well the issue that we are discussing. somehow trying to pin-prick and taking it as a personal attack on someone.
Do you mean to say a quality candidate can do an illegal/unauthorized act. Can it be allowed to be replicated by everyone across the Nation. No classrooms required, no attendance required, no teacher, no principal, no syllabi, no training. Merely because a person is a Olympic Gold medalist, will you offer him a Law degree in appreciation.
@ Kian (2.1.1) - You are correct, but for a dose of reality, one would note the distance of the university from Delhi and the profile/ workload of the lawyer. As you ran some stories on the de-recognition of some law colleges, you will possibly be aware that the statutory attendance requirements are not followed by some colleges. Btw, have you seen the movie Jolly LLB :)
Seems people are wanting to know how you achieved all of what you did :)
For those interested to know - you can opt for weekend classes for the law degree like Manish did or also opt for evening classes.
Week-end law course!! are you serious
Well said @Sumit.
Kian where are you..
However, to enrol with the BCI and to practice as an Advocate, the college has to be recognised by the BCI and the attendance requirements are required to be complied with as per BCI rules. BCI rules state that the student should have attended 66% of the classes.
Thus, to enrol with the BCI, it does not matter if its an evening college, etc. so long as the degree is recognised by BCI and the student has attended at least 66% of the classes conducted by the college. Else, the student still holds a valid LLB degree but may or may not be permitted to practice as an Advocate.
Think I have made amply clear that I have nothing against MM. Since there has been persistent attempt to get into specific (even when im making a general statement), let me say this:
"....was leading Khaitan Delhi’s indirect tax practice between 2009 and June 2013 after two years as a senior manager at KPMG India, one year at BMR Advisors, and nearly seven years at Indian Oil..."
Specific:
How did it become possible to attend classes, with the above tight schedule;
How did 66% attendance come;
Person with 1 year law practice is a Partner;
General:
Are these practices not required to be curtailed. We raise slogans that old politicians should give way to young India. is there any wrong in claiming that Law course should not be offered to part-times or weekenders.
Is there any answer to my question "when is there an age bar to obtain a degree in Medicine/engineering/pharmacy, why not for Law? and How are we going to stop Law colleges selling law degrees just for money, as a result, producing inferior quality (so-called) lawyers"
I agree with the second part of your question. Where degrees can be bought or be obtained without attending regular classes or training, obviously that would lead to inferior quality of lawyers (or any professional, for that matter).
However, I would differ with you on the age-bar. Why should an age bar be in place? And I ask this in the context of every profession - medicine, law, engineering. If a person is looking to switch careers in his middle age, and is willing to invest time/money/hard work to develop a new skill/education/profession, why should he be barred from doing so?
Is it the end of the road for the 40-50 year old engineer if he wants to be a lawyer at a matured age? I can understand that a middle-aged person should not be permitted to go back to secondary school or 6th standard in school because his level of intellect would be far superior to a 12 year old in that class (and also because he has already been to school once and has presumably already learnt what is being taught in school) . But when one is competing for a professional degree, say MBA, age does not play much of a factor.
Dear boss,
The debate is not about shifting domain. Its about the sale of law degree and the resultant flaunt by a non-lawyer acquiring a law degree while he/she is in a regular employment, more particularly CA/CWA/CS. Does BCI or any other law permit it.
Answering your question, he/she if interesting in switching over and pursue a distinct interest, he/she has to terminate the employment/profession, attend regular law course, then step into practice.
Hope my usage of "He/She" makes everyone understand this debate is not really pointed at MM and its general in nature.
“Instead of studying law degree on a regular basis LLB degrees are being sold and bought for a meager price in Universities functioning in other States. The law degree is obtained without attending regular college and also examinations are not written by the applicants but by the agents of the brokers, who engage themselves in seat-laundering for the candidates in Tamil Nadu.”
“LLB seats are obtained by producing bogus certificates procured by brokers and based upon the same degrees are obtained and subsequently, these candidates are enrolled as advocates in Tamil Nadu and subsequently become members of Bar Associations etc. Further employees of Government, Public Sector undertakings, Private Sector become lawyers by applying for LLB in other States, which is totally illegal because while being employed, nobody can undergo legal education and obtain a profession degree in law, as if done in cases of distant education.”
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