Category: Procedures/Guidelines

The Ahmedabad Bench of the ITAT has issued an office order dated 17th October 2017 in which it has listed out several steps that are required to be taken by litigants and the registry so as to lead to a “paperless court”. Tax professionals have welcomed the initiative and urged other Benches across the Country to implement it

The speed with which the Law Ministry and the ITAT have moved with regard to the setting up of the new Bench at Surat has impressed tax professionals and taxpayers. A glittering function was held to inaugurate the Bench on 1st September 2017. The function was attended by several eminent dignitaries. A few photos taken on the occasion are available

The ITAT, Mumbai Bench, has announced that due to the disruption caused by heavy rains, matters in which the parties are unable to attend will be adjourned. No matters will be decided ex-parte. This decision has been taken by the authorities at the request of the ITAT Bar Association.

Vide Order dated 24th July 2017, the Hon’ble President of the ITAT has directed that a Bench in Kolkata be transferred to Surat. The jurisdiction of the Surat Bench will be the Districts of Bharuch, Narmada, Navsari etc.

The Hon’ble President has taken the aforesaid decision pursuant to the representations made by the Tax Bar that there is growing pendency of matters in Surat and that the professionals and taxpayers find it difficult to travel to Ahmedabad for the hearing of their appeals

Hon’ble Shri P. K. Bansal, the Vice-President of the ITAT, has issued an important directive dated 12th May 2017 with regard to the fixation of stay applications for hearing.

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The ITAT has issued a notice dated 11th May 2017 stating that it intends to make important changes to the Tribunal Rules. The proposed amendments deal with important aspects such as the grant of adjournments, hearings of stay petitions, rectification applications, pronouncements of orders etc.

The proposed changes will have an impact on all tax professionals and tax payers. It is vital that the proposed changes be studied minutely and suggestions offered to the committee that has been set up to approve the changes.

It has also been accepted that in cases where our Members make adjournment applications well in advance, ie before the Benches are constituted, they will (on their following up) be informed of the fate of their applications shortly thereafter. This would dispel any doubts in the minds of our Members as regards the adjournments

The ITAT has complimented the CBDT for issuing Circular No. 21/ 2015 dated 10th December 2015 and stating therein that all pending appeals of the department with a monetary limit not exceeding Rs. 10,00,000 shall be withdrawn/ not pressed. The ITAT has acted with remarkable alacrity to give effect to the said Circular of the CBDT. Over the weekend and past few days, the Hon’ble Members, Registrar and Bench Clerks have been involved in sorting through thousands of appeals and identifying the ones that qualify for dismissal pursuant to the said Circular

With a view to implement Circular No. 21/2015 dated 10th December 2015 issued by the CBDT (which states that even pending appeals of the department with a monetary tax effect of Rs. 10,00,000 or less should be withdrawn/ not pressed), Hon’ble Justice (Retd) Dev Darshan Sud, President of the ITAT, has issued a notice dated 14.12.2015 requesting all representatives to furnish a list of departmental appeals where the tax effect does not exceed the monetary limit of Rs. 10 lakhs and which are covered by the said Circular. It is stated that all possible efforts should be made to furnish such information containing requisite details, viz., appeal number, date of filing, name of the assessee etc. in the office of the Assistant Registrar (Judicial) as expeditiously as possible, preferably by 18th December, 2015

Hon’ble H. L. Dattu, Chief Justice of India, has sent the clear warning that the prevalent adjournment culture is one of the main reasons for the huge pendency in the Courts. The Learned Chief Justice of India has asked Judges of all courts to discourage the practice of frequent adjournments sought by lawyers to ensure speedy justice. He pointed out that the practice of discouraging adjournments by the Supreme Court had increased the disposal rate of cases in the Supreme Court to an all time high. He emphasized that 83,013 cases were disposed of in 2014 at an average of 227 cases per day.