Category: Transfers/apptts

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.

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

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

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

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.

Vide order dated 13.01.2017 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 20th January 2017

Vide orders dated 29.11.2016 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 December 2016