ITAT Bar Association’s resolution regarding alleged corruption in the ITAT

Extract of the Resolution unanimously passed at the meeting of the Managing Committee of the Income-tax Appellate Tribunal Bar Association, held on 6th June, 2008 at the ITAT Bar Library, Mumbai.
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“This meeting notes the news items which state

i. that a Member of the Income-tax Appellate Tribunal (Tribunal) based in Kolkata and an Advocate have been arrested by the CBI in relation to a bribe said to have been offered by the Advocate to the Member

ii. that the hard discs of 14 computers seized from the premises of the Advocate were removed prior to the seizure

iii. that the discs have been recovered from the residence of an employee of the Advocate.

It is also noted that retrieval, by using modern technology, of information contained in the hard discs said to have been recovered from the residence of one of the employees and scrutiny of the other evidence in the form of diaries, etc. seized in the course of the search is likely to yield vital information concerning any links which the Advocate may have with the functioning of the Tribunal.

AND IT IS HEREBY RESOLVED that

a. A thorough and speedy investigation, including interrogating all concerned persons, should be carried out by the CBI into the truth of the allegation of bribery as it affects the reputation of the Tribunal and shakes the confidence of the public in its functioning.

b. No interference should be made by the Executive, the Bureaucracy or any other person in the ongoing investigation.

c. The Bar Council of India may also look into the matter and take appropriate steps as may be considered necessary.

d. If any member of the Association is in possession of information which may be of relevance to the investigation, he may communicate the same to the Association or to the investigation authority.

e. The members of the ITAT Bar Association should be meticulous in their behaviour and strictly adhere to the Association’s Code of Conduct and do everything in their power to restore the confidence of the public in the Tribunal so as to keep the stream of justice pure and clean.

f. A copy of this resolution or an appropriate letter or representation be submitted to the concerned/relevant persons or authorities and the office bearers are hereby authorised to do all acts as are deemed necessary in this regard.”


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