Two Hon’ble Members of the ITAT, being a Judicial Member and an Accountant Member, have been transferred with effect from 16th August 2017 in public interest.

Hon’ble RM Lodha, the former Chief Justice of India, and other eminent legal luminaries, have voiced their opposition at the action of the Government in enacting the Tribunal Members Rules 2017. Under the said Rules, the Central Government has abrogated to itself the right to appoint, extend the tenure, and remove, the Hon’ble Members of the various Tribunals, including the ITAT. The luminaries are apprehensive that the appointments of Members of the Tribunal would no longer be impartial and independent and that the Hon’ble Members may be wary of taking bold decisions against the Government

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

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.

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

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