Recently Hon'ble Apex Court in the case of N.K.Bajpai has held that provisions debarring practice of Ex-Members of tribunal are retroactive. So I was thinking what would happen to those cases, which have been argued by learned colleagues who are Ex-ITAT members, this is very pertinent question since department may file M.A compelling the bench to recall their orders in which these members are appeared. In view of the fact that now Hon'ble Apex Court has impliedly overruled the judgment of Hon'ble Special Bench in the case of Concept Creation reported in 120 ITD 19
Though the restriction has the effect of relating back to a date prior to the presenti, the law stricto sensu is not retrospective, but is retroactive. The restriction does not interfere with settled or vested rights.