The petitioner challenged the Direction of the CBDT for disposal of certain number of Appeals of specified categories within specified time. According to the Petitioners, these time limits are artificially applied, are contrary to the statutory provisions and also have the effect of making hurried orders by the Appellate Commissioner. Secondly incentive for quality orders . The Court held that :The CBDT should reconsider the direction in the Central Action Plan of offering incentives to Commissioner (Appeals) to enhance assessments and levy penalty- From the action plan, it is not clear as to the utility of the norms set which the Commissioner (Appeals) has to achieve- If the purpose of setting of norms is to evaluate the performance of the Commissioner (Appeals) there would be all the more reason why the above quoted portion of the action plan be reconsidered by the CBDT. The matter stand over to 11-04 2019 .
( WP No. 3343 of 2018, dt. 22.03.2019)
The Chamber of Tax Consultants v. CBDT ( Bom)(HC), www.itatonline.org
S. 251 : Appeal – Commissioner (Appeals) – Power of enhancement – Action plan -The CBDT should reconsider the direction in the Central Action Plan of offering incentives to Commissioner (Appeals) to enhance assessments and levy penalty- From the action plan, it is not clear as to the utility of the norms set which the Commissioner (Appeals) has to achieve- If the purpose of setting of norms is to evaluate the performance of the Commissioner (Appeals) there would be all the more reason why the above quoted portion of the action plan be reconsidered by the CBDT.[ S.119 , 250 ]