Year: 2008

The author laments that while a heinous crime like terrorism is being fought spiritedly with commandos and bullets, not much is being done about corruption. He warns that corruption is a cancer which is slowly corroding the roots of our …

Fight the twin evils of Society! Read More »

The author warns of a serious conflict of interest in permitting serving Commissioner (Appeals) to argue appeals on behalf of the Department before the ITAT. He argues that no person can be a judge and a lawyer at the same time

The author passionately calls the Tribunal a “Temple of Justice” and the Bench and the Bar its’ “Trustees”. He gives out the clarion call that the onus is on the Bench and the Bar to preserve the Dignity, Sanctity and purity of this Temple

The author makes the radical suggestion that the retirement age of judges may be increased …. but wait …. there’s a catch! …. He wants their right to practice before the lower courts to be taken away! Any takers for this suggestion?

The author lashes out at the tax department for stonewalling the sincere efforts of the Court to reduce the arrears of tax matters by seeking repeated adjournments. He points out the problem areas and also outlines practical suggestions to help the department overcome its perennial drawbacks

The judges want to be exempted from the rigours of the Right to Information Act (“RTI”). And rightly so, because the information that one can dig up on the honourables can be quite embarrassing to them.

The author is severely critical of the Government for the failure of the Settlement Commission to achieve its desired objects. He blames bad administration, lack of transparency in the process of appointment and failure of the Government to appoint Members from the profession as the root causes of the problem. He has identified a few critical areas and makes a fervent plea for reforms.

The author laments that while the Income Tax Appellate Tribunal is globally recognized as one of the best tax tribunals for its independence and competence, its reputation at home is under a cloud owing to the allegations of corruption. He makes a fervent plea that the Bench and the Bar has to play a positive role to maintain the dignity, sanctity and integrety of the Tribunal. He also outlines a few suggestions towards this end.

The author laments that the Government is losing crores of rupees due to delay in filing of tax appeals by the tax department. He makes out a fervent case for accountability

Statistics shows that, the Tax Benches of Bombay High Court, Hon’ble Justice Mr. F.I. Rebello
and Justice Mr. J.P. Devadhar and Justice F.I. Rebello and Justice R.S. Mohite in the period 21st
June, 2007 to March 2008, has disposed of 6,513 tax matters and admitted 963 matters (total
7,476) matters (Click here for details). The court working days for the period was 180 days giving average 415 matters per day has been disposed of. It may be for the first time such a large number of tax matters were disposed of. This has helped to reduce the pendency of tax matters before the Bombay High Court. At present the pendency of tax appeals is 2,600 and references is 2,100. If tax bench sits for full week to hear only the direct tax matters, the pendency of tax matters can be substantially reduced, this will help the assessee as well as the department.