Month: June 2008

Code of Ethics for Hon’ble Members of the ITAT

20.06.2008 Shri. Vimal Gandhi, President, The Income Tax Appellate Tribunal. C I R C U L A R I am enclosing a copy of Code of Ethics adopted by the judges of the Supreme Court and of the High Courts.

Guidelines to Hon’ble Members of ITAT for drafting orders.

ITAT has always been known for the high quality of its orders. Our orders have received praise form judge including sitting judge of the Supreme Court, who sit in appeal over them. However, of late I am concerned to note that some of the High court has criticized our lack of quality, detailed reasoning, non-recording of basic or vital facts and the arguments etc. I know that these are only exception to the general rules that we pass well-reasoned and speaking order. I am also aware of the pains and efforts taken by Members in general to pass quality orders and that wherever they slip, it is not intentional. It is however, unfortunate that adverse publicity is sought to be given only to the small percentage of orders, which suffer in quality. I am afraid that an Uninformed person may draw wrong conclusions form such publicity and may be misled to think that we are, in general not passing proper and speaking orders. That is a situation, which I want to avoid, if I can help it. I want to remove this impression whither it is carried by higher courts or by the public or the members of the Bar. I, therefore, thought it necessary to take measures to ensure that every single order we pass meets the requirements of a speaking order. One such erasure which was actively debated and decided in the conference of the Vice-Presidents recently held in Mumbai was to reduce the monthly disposal-target to 50, but with the understanding the a Members will pay utmost attention to the quality of the orders they pass and will not give room for any criticism from any quarters.

Nine High Court Benches to hear tax matters!

the following Hon’ble Division Benches will hear Original Side Tax Appeals for Admission and Interlocutory Applications therein and Notice of Motion taken out for condonation of delay. The lists of the said matters are displayed on the Notice Board of the Appeal Branch as well as on the Internet.

Letter written by Shri. S. E. Dastur, Senior Advocate, to The Editor, FTPJ

The Bombay edition of The Times dated 15th May, 2008 carried a news item concerning a bribe allegedly offered to a member of the Income-tax Appellate Tribunal based in Kolkata by an advocate. Several outstation newspapers and magazines (though not Bombay based publications) have reported subsequent developments.

VAT Tribunal Members accused of graft.

An inquiry conducted by chairman VAT Tribunal Punjab Justice M.M. Aggarwal (retired) into the conduct of two fellow members of the tribunal in a specific case has found both officials guilty of reversing their own orders with the presumption that the same has been done for “extraneous considerations”.

ITAT Bar Association’s resolution regarding alleged corruption in the ITAT

Extract of the Resolution unanimously passed at the meeting of the Managing Committee of the Income-tax Appellate Tribunal Bar Association, held on 6th June, 2008 at the ITAT Bar Library, Mumbai. ———————————————————————————————— “This meeting notes the news items which state

Standards of Professional Conduct and Etiquette for ITAT Bar Members

STANDARDS OF PROFESSIONAL CONDUCT AND ETIQUETTE FOR MEMBERS OF THE ITAT BAR ASSOCIATIONS P R E A M B L E A member shall, at all times, conduct himself in a manner befitting his status as a privileged member of

ITAT at the United Nations!

Shri. Vimal Gandhi with Mr. Michael Waweru, Commissioner General of Kenyan Revenue Authority and Ms. Sabina Walcott Denny, Head of Inland Revnue, Barbodas The Special Unit for South-South Cooperation of the United Nations Development Program, in close cooperation with the

ICAI Advertisement Guidelines

THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA (ICAI) (Set up under the Chartered Accountants Act, 1949) ICAI Guidelines No.1-CA(7)/ Council Guidelines/01/2008, Dated 14th May,2008 GUIDELINES FOR ADVERTISEMENT FOR THE MEMBERS IN PRACTICE (Issued Pursuant to Clause (7) of Part I

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