AIFTP Moves The Hon’ble Supreme Court For Appointment Of ITAT Members

AIFTP moves before the Hon’ble Supreme Court for appointment of ITAT Members

The All India Federation of Tax Practitioners (AIFTP) has filed an Impleadment application on March 08, 2021, before the Hon’ble Supreme Court in the case of Madras Bar Association v. UOI &Anr 2020 SCC OnLine SC 962.

The Hon’ble Income tax Appellate Tribunal (ITAT) has 63 benches at 27 stations across the Country. Out of its sanctioned capacity of 126 members. On July, 06, 2018 an advertisement was issued by the Central Government seeking appointment of 21 Judicial Members and 16 Accountant Members. Accordingly, the search cum selection committee made its recommendations in November 2019.

Thereafter, the Central Government notified the Tribunal, Appellate Tribunal and other Authorities (Qualification, Experience and Other Conditions of Service of Members) Rules, 2020. The said rules were challenged on Constitutional Grounds.    

The Hon’ble Supreme Court in the case of Madras Bar Association (Supra) passed an order dated November 27, 2020 directing the Union of India to appoint Judicial Members and Accountant Members to the Hon’ble ITAT, inter alia, within a period of 3 months.

The period of 3 months expired on February 27, 2021.

As on date, the Hon’ble ITAT consists of only 78 Members, i.e., 40 Judicial Members and 38 Accountant Members. Therefore, 48 positions are vacant. By the end of the calendar year 2021 the vacancy will rise to 54 positions. As of January 2021, the pendency before the Hon’ble ITAT is 78,754 appeals. 

Therefore, with a view to fill the vacancy in the Hon’ble ITAT and thereby improve the efficiency of the Tribunal, this intervenor application has been filed with a humble prayer to appoint the Honourable Members of the ITAT  as per the Direction of the Honourable Supreme Court dt 27 -11 .2020  at the earliest .

 

Mr . M .Srinivasa Rao.          Mr Rahul Kaushik
National President AIFTP      Advocate  on record
20-3 -2021

 


15 comments on “AIFTP Moves The Hon’ble Supreme Court For Appointment Of ITAT Members
  1. KEEN OBSERVER says:

    A section of newspaper in between the lines reports that since govt is to RECONSIDER the appointments in TWO WEEKS as AG submitted on 14/09/2021 before SC, the vacancies are now to pre appointments stage of 11th sept 2021.

  2. KEEN OBSERVER says:

    13 NEW APPOINTMENTS.
    JUDICIAL MEMBERS : SONJOY SHARMA,S SEETHALAKSMI,SHATIN GOYAL,T R SENTHIL KUMAR,ANUBHAV SHARMA,MANMOHAN DAS.
    ACCOUNTANT MEMBERS: B BIYANI,BALKRISHNA S,J D BATULLI.PADMAVATHY S,A KHODPIA,RATHOD K J,RIPOTE DIPAK PANDURANG.
    CONGRATULATIONS

  3. KEEN OBSERVER says:

    The final SC Judgement it is mentioned by one petitioner that appointments of ACCOUNTANT MEMBERS in ITAT has been completed.The hearing was in May and first week of june 2021. Howver no such reporting in any forum or media.
    As far as advocates issues and advertisement dated july 2018 the SC has cleard the confusions and settled in favour of petitioners.The JUDICIAL MEMBERS shall be appointed without delay.

    • sunil says:

      govt again brought the law repeating all provisions that were struck down
      age bar of 50 is back & again 4 years tenure

  4. KEEN OBSERVER says:

    In SC final judgement it was mentioned by petitioner that ACCOUNTANT MEMBERS has already been appointed .The hearing was in MAY and first week of june.
    The confusions about Advocates were cleared in order together with july 2018 advertisement.

  5. Rajendra Prasad Shukla says:

    Yes sir

  6. Raghav says:

    Now new rules say advocates with 10 years practice are eligible but CAs will need 25 years practice for the same
    Plus Additional CIT rank IRS are no more eligible. Principal CIT rank experience of 3 years is needed.
    Since rules have come in force, one can assume that candidates appeared for interview in past couple of years will get nothing.
    Why will CAs with 25 years practice apply for a temporary jobs ?
    It will bring only babus on bench & will skew the judicial outcome for sure.
    Already an Accountant Member of ITAT has been raided by CBI.

  7. R says:

    What is next date

  8. Rasik Shah says:

    Now ordinance has come. No eligibility unless age is 50, that too for 4 years tenure.
    so only babus & failed lawyers will go there

  9. March 23, 2021
    To,
    Shri Ravi Shankar Prasad,
    The Hon’ble Minister of Law and Justice,
    Government of India,
    New Delhi

    Subject : Request to fill the pending vacancies of
    the Hon’ble Members in the Income-tax Appellate Tribunal.
    Respected Sir,

    We wish to bring it to your honours kind attention, that The Hon’ble Income tax Appellate Tribunal (ITAT) has 63 benches at 27 stations across the Country and a sanctioned capacity of 126 members.

    On July, 06, 2018 an advertisement was issued by the Central Government seeking appointment of 21 Judicial Members and 16 Accountant Members. Accordingly, the search cum selection committee made its recommendations in November 2019.

    Thereafter, the Central Government notified the Tribunal, Appellate Tribunal and other Authorities (Qualification, Experience and Other Conditions of Service of Members) Rules, 2020. The said rules were challenged on Constitutional Grounds.

    The Hon’ble Supreme Court in the case of Madras Bar Association v. UOI & Anr 2020 SCC OnLine SC 962 passed an order dated November 27, 2020 directing the Union of India to appoint Judicial Members and Accountant Members to the Hon’ble ITAT, inter alia, within a period of 3 months.

    The period of 3 months expired on February 27, 2021.

    As on date, the Hon’ble ITAT consists of only 78 Members, i.e., 40 Judicial Members and 38 Accountant Members. Therefore, 48 positions are vacant. By the end of the calendar year 2021 the vacancy will rise to 54 positions. Further, as of January 2021, the pendency before the Hon’ble ITAT was 78,754 appeals.

    Therefore, with a view to fill the vacancy in the Hon’ble ITAT and thereby improve the efficiency of the Tribunal, We request your Honours to kindly address the pending vacancies.

    Trust our requests shall be acceded to.

    Thanking You.

    Yours sincerely,
    For All India Federation of Tax Practitioners

    M. Srinivasa Rao,
    National President.

    CC : 1. Hon’ble Shri Anoop Kumar Mendiratta,
    Law Secretary of India

    2. Hon’ble Justice Mr. P. P. Bhatt,
    President, ITAT

  10. Sunil Shah says:

    Have you guys actually filed any application/petition ?
    Nothing can be seen on SC website
    Will appreciate if petition number is stated

    • AIFTP says:

      The application was filed on 8-03-2021 .it is MA NO in Madras Bar Association WP NO 804 of 2020 matter is shown listing on 3-5-2021

      • uma says:

        Any upon on hearing.. today the matter is expected to be heard (03-05-2021)

        • Ganesh says:

          Now, everything after summer vacations. COVID already hit the judicial process. Now SC is in no hurry to question the Govt on such delaying tactics. Now they are enjoying vacations

  11. Adv. Khare says:

    Now a real game is on. Finally AIFTP has stepped up like madras bar.
    Govt is sitting on the list since last couple of years and doing nothing.
    In addition to this, intervention is to be filed for formation of National Tribunal Commission, as it has been repeatedly directed and govt is no mood to comply, rather is active to suppress the judicial function

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