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ITAT issues guidelines for stay of demand.

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Whether a Judge can decide his own case

Started by brett_lee38, June 29, 2011, 01:49:24 PM

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Recently I have read that another special bench has been constituted to decide whether ex-ITAT member can practice before the ITAT. Since i am an ordinary student, i failed to under stand this constitution ITAT ought to have referred the matter to the High Court. As per little bit knowledge of mine, it is trite law that a judge cannot decide an issue in which his interest is involved directly or indirectly. Now the present members would decide, as to whether their ex-colleagues are entitled to appear before their sitting colleagues. Hon'ble Delhi High Court in the case of P.C.Jain has categorically criticized the plea of the members of CESTATE. And rightly so, since in a atmosphere where there are allegation of crouption on Ex-CJI itself, any thing is possible. Be that as it may be let us see the interesting verdict of Special Bench.My suggestion is that Special Bench may direct to the aggrieved members that they should file writ before the High Court since the issue is beyond their jurisdiction.