Law Ministry’s Explanation For Non-Appointment Of Permanent ITAT President

The ITAT Bar Association has been vigorously pursuing with the Government the issue of appointment of a permanent President of the Tribunal as well as filling up the vacancies in the posts of the Senior Vice Presidents. Pursuant to an application filed on behalf of the Bar Association/AIFTP under the Right to Information Act, the Ministry of Law & Justice has vide letter bearing F. No.23 (l24)/2012-IC dated 6.11.2012 indicated the reason for non-appointment of a permanent President of the Tribunal and non-filling of vacancies in the posts of Sr. Vice Presidents.

Sr. No.

Information sought for

Reply

(i)

All correspondences and file noting showing the vacancy position at various levels and steps taken so far to fill up the vacant posts of Senior President, Vice-Presidents, Members and Registrar in various Benches of the Income Tax Appellate Tribunal.

(i) As regards the post of President, ITAT this post is being filled in officiating capacity only and not on substantive capacity, since there is a proposal to amend the Income Tax Act (to be substituted by the Direct Taxes Code) to widen the scope of selection for the post of President, ITAT to include serving or retired judges of the High Courts, in addition to the Sr. Vice-President and Vice Presidents of ITAT. Therefore, proposal relating to fill up the post of President, ITAT on regular basis has not been initiated.

(ii) As regards the vacant posts of Sr. Vice-Presidents, ITAT it may be mentioned that the last round of selection of Vice-Presidents in the year 2009 has been struck down by the Madras High Court and an SLP has been filed by this Department in the Supreme Court in the matter. Since the matter is sub-judice, therefore, action to fill up the vacant posts of Sr. Vice-Presidents, ITAT has not been initiated.

(iii) As regards the vacant posts of Member (Judicial/ Accountant) in the ITAT, it may be mentioned that based on the recommendations of Selection Board, 16 new Members (Judicial Accountant) were appointed in ITAT in January, 2012.

Two more Judicial Members out of this batch have joined ITAT on 01.11.2012 (their case had to be re-submitted to the Appointments Committee of the Cabinet, after reconsideration by the Selection Board). The vacancy position of Members (Judicial/Accountant) in ITAT will be reviewed and action shall be initiated to fill up the vacancies.

(iv) As regards Registrar, ITAT, copies of correspondences and file notings have already been provided.

(ii)

All correspondences and file noting indicating the steps taken so far to fill up the post of President, ITAT on a permanent basis.

As stated in para (i) above.

See Also: Wanted Urgently: President For The Tribunal by Dr. K. Shivaram, President, ITAT Bar Association

2 comments on “Law Ministry’s Explanation For Non-Appointment Of Permanent ITAT President
  1. MINISTRY’S REPLY IS NOT REALLY FAIR, AS ANY APPOINTMENTS TO TRIBUNALS NORMALLY NOT CONTESTED BY ANY ONE THAT SHOULD BE ETHICAL GUIDE LINE LAW MINISTRY TO FOLLOW, AFTER ALL ANY MEMBER OF ANY TRIBUNAL AS THESE MEMBERS ARE TO BE TRUSTED ABOVE SUSPICION, AS IT IS LIKE KING OR QUEEN OF ABOVE ANY SUSPICION NATURALLY THEIR RULINGS ARE LIKE MAGNA CARTA, I THINK

    AGAIN DIRECT TAX ACT TIL IS BORN HOW CAN YOU GO ON APPOINTING TEMPORARY PRESIDENTS MR MINISTER.

    IF ANY JUDICIARY DOES NOT HAVE A SUBSTANTIAL HEAD AS PRESIDENT/ CHIEF / CHIEF JUSTICE, THE FUNCTIONS WILL ALWAYS BE QUESTIONED HOWEVER MUCH ORDERS ARE SANE, BEST.. SO IN THE INTEREST OF JUSTICE CALLED NATURAL JUSTICE, IT IS WISE ALWAYS EVERY COURT OR TRIBUNAL SHALL HAVE PERMANENT HEADS IS THE RATIONALE;

    DO NOT WAIT FOR YR DIRECT TAXES CODE? SUCH WAITING IS NOT CALLED MEANINGFUL GOOD GOVERNANCE I BELIEVE SIRS;

    LAW MINISTERS AT LEAST BE GOOD GOVERNANCE TYPE MINISTERS TO BE ACCOUNTABLE TO PEOPLE OF INDIA, UNLIKE OTHER MINISTERS PLEASE IS MY ENTREATY TO LAW MINISTER; AFTER ALL PEOPLE TRUST IS AT LOWEST EBB DO NOT ALLOW TO FURTHER DROWN MR MINISTER WHOEVER IS GREAT LAW MINISTER TODAY, AS EVERY DAY SOME NEW MAN BECOMES A LAW MINISTER LIKE A ROLLER COASTER OF LATE… TODAY ALL MINISTERS ARE CARETAKER MINISTERS IN UNION GOVERNMENT IS IT NOT?.
    THIS COMMENT IS WITH NO MALICE
    THANKS N REGARDS

  2. vswami says:

    It may not be out of context to draw the attention of the readers to a like serious experiece faced with, and made the subject matter of a PIL recently filed before the Delhi High Court inter alia questioning the functioning of the Securities Appellate Tribunal (SAT) in the absence of its Presiding Officer (PO), and the on-going selection process of a member of SAT. Ref. the Post @indiacorpblog, Link >
    http://feedproxy.google.com/~r/IndianCorporateLaw/~3/-sXS_w6nAyg/
    petition-on-composition-of-securities.html?
    utm_source=feedburner&utm_medium=email

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