ITAT Bar Resolution On Measures To Tackle Alleged Corruption In ITAT

The ITAT Bar Association has passed an important resolution in which it has offered objective and practical suggestions on how to tackle the menace of alleged corruption in the ITAT

Text of the RESOLUTION passed by the Managing Committee of the ITAT Bar Association, Mumbai which was held on 21st June, 2013

“Resolved that when a complaint is made against a member about his honesty, the President in consultation with the collegium of members should look into it and if there was reason not to doubt the genuineness of the complaint the matter may be referred to a committee consisting of persons of proven integrity and Preferably headed by a retired/serving High Court judge to investigate the complaint and if it was found that there was merit in the complaint necessary action should be taken against the concerned member. In the meantime no judicial work should be allocated to him. The committee to whom a reference has been so made must furnish its report within a time bound period. In the alternative the Government of India through the Ministry of Law may consider the setting up of the office of an Ombudsman to whom complaints can be made by all concerned against, inter alia, acts of corruption/financial irregularities alleged to be indulged in by a member. It was further resolved that mere transfer of a member to another station is no solution and action should be initiated instead of transferring him as that would only spread the cancer of corruption further. ”

For ITAT Bar Association

Arun P. Sathe (Sr. Advocate)
President


13 comments on “ITAT Bar Resolution On Measures To Tackle Alleged Corruption In ITAT
  1. NILANGSHU SEN says:

    all said and done what about the fate of the thousand assesses whose cases (seeking redressal of impugned orders) are either not listed for hearing or getting adjorned and remaining undecided for years for no fault of theirs

  2. N. Krishnaswamy says:

    To enquire into the matter, appointing an ombudsman as suggested would proliferate corruption, since he is also a government employee. A panel of judges(retired or functioning) of high integrity should be maintained by the law Ministry and the case should be referred to one of them after ascertaining their convenience. The person enquiring into the matter should not be selected by the Government but chosen by the Bar association.

    I really appreciate the suggestion of Mr. A.P Shrivatsava.
    But the condition is far worse at Appellate commissioner level.
    Similarly web site should be opened for appellate commissioner of each circle also with the details mentioned by him so that the cases are taken on the serial order of filing. If we enquire they say, priority for high value assessments and smaller assessments will be taken later. But nobody knows how many high value assessment appeals are pending and why their hearing and appeal order are not finalized quickly. The Department says shortage of personnel. If a devoted officer is there, he can easily complete more than 4,5 appeals in a day. There is no explanation as to above what amount is considered as high value assessments? Values vary according to the various regions.If they want to complete the work they can take along with high value assessment appeals one or two smaller assessments also, so that no backlog is pending for a long time. So the disease is not limited to Tribunal.

  3. A.P.Shrivastava says:

    all pending appeal should be entered in computer, cases should be fixed serially, hearing in appropriate cases should be by video conferencing , judgment should be dictated in court and place in web side.

  4. V P Rajan says:

    After 2001 (restructuring of the I.T.Dept.), gradually, the ITAT has become the first appellate authority which was erstwhile the last solace on getting a fact-finding-based ruling, both for the tax payers and the Department. Now if ITAT also becomes prone to temptation, the High Courts may become crowded with avoidable appeals in all matters where the bench=mark of the tax effect exceeds.

    Further why is the National Tribunal Act of 2005 not being pursued? There does not seem to be any objection from the side of the public. Ditch all differences with vested interests and the National Tribunal should be set up immediately, I feel.

  5. kirit sanghvi says:

    This is a good move, but the fact that a responsible body like the ITAT bar association has to pass such resolution indicates the rot that has set in.

  6. Swati Risbud. says:

    Every body is clever today .appellant approaches members or brokers phone contacts appellant .how to break chain .who and how action is possible on third party . It’s like story of viral .currupt officer was asked to count sea waives .he stopped fishermen from entering sea .?bribery started !

  7. Manu says:

    This institution is in auto pilot mode even in this turbulent weather. Good luck to all on board !

    When even the Supreme Court guidelines on the transfers are not being followed, and there are several people at a station for over five years, there is hardly any hope for making local adjustments as per requirements at the different stations. No question of spreading any cancer of corruption further; it will remain localized wherever it is at least till the next President is appointed.

  8. A.CHANDRA MOHAN RAO says:

    It is nice and any action to curb the corruption is most welcoming

    acm rao

  9. S ANANTHAN says:

    I do agree with the suggestion of Ms. Neetu. The starting point of corruption is from the person offering the bribe and that should be nibbed first.

  10. Bharat says:

    Are we trying to judge the judges? Can an individual advocate / CA be a complainant or will he have to go through the Bar to file a complaint? Does it cover inappropriate behaviour by the member in open court? How many of us will really stand up and shout? Is the Bar corruption free? Lets introspect.

  11. D S says:

    Good stand but Neetu is also right. We should have some check at our end too so as to ensure that those who invite corruption should also be properly dealt with. In economic theories, demand management and supply management are both important.

    On a lighter note, who can wake up a kumbhakaran when he is in deep slumber. You need something more than these resolutions to get things moving.

  12. A.P.Shrivastava says:

    Wonderful decision
    Other associations should follow it.

  13. Neetu says:

    Sir,

    It is good attempt. However what is the action proposed for those who invite members to indulge in corruption. Should there not be similar enquiry against them and should they also not be barred from appearing before authority at any level whatsoever.

    Regards

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