The CBDT has issued a directive dated 27.12.2019 in which it is noted that a large number of appeals are pending before the CsIT(A) for more than 5 years. The CBDT has directed that all such appeals must be disposed off without fail by 31st March, 2020.
F. No. 279 /M- 1l8/20 13-ITJ (Pt.)(VoI.II)
Government of India
Ministry of Finance
Department of Revenue
C.B.D .T.
New Delhi, the 27th December, 2019
To
All Pr. Chief Commissioner of Income TaxSub: – Efforts towards disposal of appeals pending for more than 3 years and 5 years with CIT(A). – reg.
Ref: Member ‘s D.O . F.No. 279/Misc/M-73/2018 dated 31st May, 2019 (F/X).
Your kind attention is invited to the above subject wherein it was requested That pending appeals of more than 3 & 5 years may be disposed of on priority.
2. In this regard as per data provided by ITBA (copy enclosed), it is noticed that out of opening balance of 31325 of appeals pending for 5 years and more, only 7597 appeals have been disposed of till 30.1 1.2019.
3 . Further. I have been directed to communicate that all the CsIT(A) in respective regions be directed that all such appeals pending for more than 5 years as on 1et April, 2019 must be disposed off without fail by 31st March, 2020.
If necessary, redistribution of appeals within the region may also be done to ensure disposal by the above date.
4 . This issues with the approval of Chairman CBDT.
End: As above
… — –,
Yours faithfullyAbhishek Gautam
DCIT(OSD}(ITJ-l)
< Tea Time Musings
“………..all such appeals pending for more than 5 years as on 1et April, 2019 must be disposed off without fail by 31st March, 2020.”
Not to imprudently over look that the direction is to clear / dispose of(f) ONLY appeals pending for ‘more than 5 years'; and that too, as on ‘1st April 2019’.
Also, not to impudently ignore the fact that by the specified dead line / in the interim, to the list of remaining appeals pending for LESS than 5 years – presently left untouched,- would have been added larger number of new appeals for disposal.
Further, granting for the nonce that the deadline is scrupulously adhered to, and diligently followed, even then the appeals so disposed of by the CIT(A)s would have been mostly taken up to and be lying at the next level of ITAT (or court?). Both the ITAT and courts are, – as per the official statistics given publicity time and again,- already groaning under the heavy burden of years’ long pendency.
Premised so, one is inescapably obliged to remind self of, –
https://www.youtube.com/watch?v=BSaSMDjHoxI&fbclid=IwAR3PNRV32K6pjpyXoks8som-Lhq8hVmrvQxTrRX6brMJUn2tsFsQV1-hpAk (Game) ; AND
https://www.google.com/search?q=wild+goose+chase+idiom&oq=wild+goose+cahse+&aqs=chrome.2.69i57j0l7.15078j1j7&sourceid=chrome&ie=UTF-8&fbclid=IwAR2Tu_8G7JN7wFG6gVdCYrPPaqr1u1hdg8Xlo-TvoxW49dRJrr2BLKGlgek (Sport)
courtesy
Such Instructions are being issued from time to time; but they are not being followed. CBDT has to take strict actions against the CIT(As) who are failing to comply with such instructions; perhaps invoking Rule 56(j) of the FRs. Better course will be to take up the appeals in chronological order without any exceptions, unless restrained by the HCs/SCs.
OFFHAND
The two expressions ‘dispose of’and ‘disposed off’ are noted to have been interchangeably used (see para. 2 and 3); though , presumably, not knowing the vital (nay, fatal) difference. To know MORE,refer –
https://forum.wordreference.com/threads/dispose-of-dispose-off.556486/
One only hopes that the Executive instructions are rightly understood and carried out in the manner as ‘intended’, to sincerely meet the ends of justice; not just for the heck of clearing the undue backlog, which could have been prudently avoided ?!
MORAL : https://www.google.com/search?q=haste+is+waste+story&oq=haste+is+waste+&aqs=chrome.3.69i57j0l7.13577j1j7&sourceid=chrome&ie=UTF-8