The CBDT has directed the formation of a committee consisting of high-ranking officials who will inter alia examine “perverse and irregular” orders of the ITAT and cases where the submissions of the DRs have not been recorded by the ITAT. These will be taken up by the CBDT with the President, ITAT/ Ministry of Law. The CBDT has also called for information relating to the performance of standing counsel as to the number of cases decided in favour of, and against, the department.
Ironically there is no end to misdeeds done by the AO in the garb of “Additions made in the interest of Revenue” to get away from all the perversity in their orders, leading to long drawn litigations that the Hapless Tax Payer has to go through; in the process greasing the palms to get favourable orders that should have been passed at the Assessment stage only.
The real culprits in the system are those AOs who perpetuate corruption either by seeking it or who make tall additions to satisfy their tall egos. Severe steps should be taken by CBDT to act against the errant AOs who make unjust assessments doing gross injustice to the Tax Payer & the Government.
So many AOs & Commissioners are passing perverse order every day either owing to high headedness, lack of knowledge, bribes not been taken care of, settling personal scores etc. For name sake, dispute redressal mechanism has been set up which is working as a toothless body pan India; CBDT must look into that also as to how many disputes have been resolved in the favour of hapless Tax Payers. Yesterday only my 8 bank accounts were seized because an AO has passed a perverse order raising a demand of INR 1 Cr! Now I have to pass through this chain of CITs & ITAT members to get a favourable order. When some of them will grant me a favour, the jerk who raised a demand of INR 1 Cr on me would say, what a perverse order passed by CIT/ ITAT!
To Supplement :
https://www.facebook.com/swaminathanv3/posts/2058228170920125
courtesy
IMPROMPTU
A New Self-AssuMed- ImpoSed ROLE – ‘…to examine ‘perverse’…..? > ? ” ; A TURF-WAR- ; to overstep …?!
An unprecedented novel IDEA calling for a spl. defn. of ‘perverse’ to act upon – making heads of one and all concerned- the adjudicating athority (part of judiciary)and the practising professionals, alike, to reel back !
courtesy
(in a spirit of compassion)
evaluate performance of DR ??? everyone knows that DR are posted as `punsihment’! either because of lack of performance elsewhere or due to errant behaviour. what is to evaluate?
what about perverse orders of AO and CITA???. these need immediate attention. Non speaking orders, refusal to follow judicial discipline, refusal to follow CBDT circulars…the list is long !
Good initiative by CBDT. CBDT should give first priority to check whether assessing officers/ CIT(A) and CIT are passing orders by following its instructions; by following binding judicial precedents; not holding passing of appeal orders beyond any justifying cause; not scaling down the decorum of judicious attitude while reaching conclusions; do audit of not only assessment records but hold responsible all errant officers for unnecessarily holding refunds of assessees and take disciplinary action against errant officers.
On top priority CBDT needs to reorder its own house instead of pointing on ITAT first.
It is welcome that CBDT is going to Examine ‘Perverse’Orders Of ITAT And Evaluate Performance Of Counsel. It would be more welcome if CBDT also examines perverse orders of Assessing Authorities raising absolutely unjustified demands and of Appellate Commissioners upholding frivolous demands. The ex-parte orders need to be seen without exception first to examine whether due service of notice and grant of opportunity is on record and second to see if the material available on record has been taken into account. This is expected to result in alleviation of genuine grievances of tax payers and reduction or avoidance of avoidable work of the department.
Why not they also look into perverse orders of the Assessing Officers who pass them with all impugnity. Why targetting Tribunal and the counsels appearing there. They can only defend good orders but not perverse orders.