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Posted on by editor Posted in All Information, ITAT related, Procedures/Guidelines — 11 Comments ↓

The ITAT has issued a notice dated 11th May 2017 stating that it intends to make important changes to the Tribunal Rules. The proposed amendments deal with important aspects such as the grant of adjournments, hearings of stay petitions, rectification applications, pronouncements of orders etc.

The proposed changes will have an impact on all tax professionals and tax payers. It is vital that the proposed changes be studied minutely and suggestions offered to the committee that has been set up to approve the changes.

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Posted on by editor Posted in All Information, ITAT related, Transfers/apptts — 3 Comments ↓

The All India Federation of Tax Practitioners (AIFTP), an apex body of tax practitioners, has addressed a detailed representation to Shri Arun Jaitley, the Union Finance Minister, pointing out that section 184 of the Finance Act 2017, which mandates the appointment of Members of the ITAT for a short tenure of only five years, will undermine the independence of the institution and lead to disastrous consequences. The AIFTP has warned that the whole purpose of setting up the ITAT as an independent and fearless judicial body will be frustrated and taxpayers will lose confidence in the institution. It has urged the Hon’ble Finance Minister to rescind the said provision and retain the existing provision for appointment of ITAT Members

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In order to felicitate Hon’ble Shri P. K. Bansal, Vice-President of the ITAT, a function was organized by the ITAT Bar Association on 5th May 2017. The function was attended by several distinguished members of the Bench and the Bar. The Hon’ble Vice-President assured the gathering that the Tribunal will continue to deliver on the promise of ‘Sulabh Nyay, Satwar Nyay’ (Easy justice, quick justice). He also assured that the grievances, if any, of the members of the Bar with regard to the functioning of the ITAT will be addressed and resolved speedily. A few pictures taken on the occasion are embedded below

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Pursuant to orders dated 13th April 2017 passed by Hon’ble Shri. G. D. Agarwal, President of the ITAT, Hon’ble Shri. P. K. Bansal, Vice-President, has been posted as Vice-President of the Mumbai Zone and Hon’ble Shri. Ravindra Singh Syal, Vice-President, has been posted as Vice-President of the Lucknow Zone (headquarters at Delhi). Both postings are with effect from 13.04.2017 and until further orders.

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Vide order dated 25th April 2017 passed by the Hon’ble President pursuant to the consultations with the Collegium of Income Tax Appellate Tribunal consisting of the President and two senior most Vice Presidents, the following Members of the ITAT have been transferred in the same capacity to the respective Benches, in public interest, with effect from 5th May 2017

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After an inordinate delay, the Government has appointed four Vice Presidents for the ITAT. However, as the vacancies are for eight Vice Presidents, four more are required to be appointed on an emergent basis. Further, a permanent President of the Tribunal is also required to be appointed

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Posted on by editor Posted in All Information, ITAT related, Transfers/apptts — 1 Comment ↓

The Supreme Court has passed severe strictures on the inaction of the Government in appointing the President and Vice-Presidents of the ITAT. The very fact that you (Centre) are seeking three months shows that you are not serious about the issue. This tribunal brings you the money and you don’t want it. If the selection has been made, why don’t you finalise the issue within a month. How much time will you take? Reject all names if they are useless, but do something,” the Bench fumed

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Hon’ble Justice (Retd) Dev Darshan Sud was given a warm farewell on the occasion of his retirement from the post of Hon’ble President of the ITAT. The Government has appointed a new President in an officiating capacity

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Posted on by editor Posted in All Information, ITAT related, Supreme Court/High Court related, Transfers/apptts — 2 Comments ↓

A PIL has been filed in the Supreme Court in which serious issues with regard to the inaction by the Government on the important issues of appointment of the President and the Vice Presidents of the ITAT have been raised. The PIL has alleged that “ad hocism has become order of the day as many of the posts of senior vice presidents and vice presidents have not been filled up“. It is also stated that “the timely appointment of Presidents, Vice-Presidents and members will go a long way in tackling the burgeoning tax litigations in the country.”

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Shri. Virbhadra Singh, the Hon’ble Chief Minister of Himachal Pradesh, has insulted the Income Tax Appellate Tribunal, by calling it a “Kangaroo Court” which is motivated by “political vendetta”. Top tax lawyers across the Country are upset at the sorry state of affairs and are demanding that the learned Chief Minister should apologize for his intemperate remarks

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