Resolution passed by the Bar Council of India on 30th April, 2008 (yet to be notified in the official gazette) to amend Rule 36 of the Bar Council of India Rules:
“RESOLVED that the following amendment of Rule 36 in Section IV, Chapter II, Part VI of the Bar Council of India Rules by incorporating a proviso in terms of resolution passed by the joint consultative conference be and is hereby approved”
“PROVIDED that this rule will not stand in the way of advocates furnishing website information as prescribed in the Schedule under intimation to and as approved by the Bar Council of India. Any additional other input in the particulars than approved by the Bar Council of India will be deemed to be violation of Rule 36 and such advocates are liable to be proceeded with misconduct under Section 35 of the Advocates Act, 1961.”
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Express News Service Chandigarh, August 15: On Wednesday night, a packet containing Rs 15 lakh in cash was delivered to a Punjab and Haryana High Court judge. The person who sent the cash was the Haryana Additional Advocate General Sandeep Bansal.
The Chandigarh Police, who were called by the judge, is now investigating the incident.
On Wednesday, Bansal’s assistant Parkash came to Kaur’s residence in Sector 11 and handed over a packet to the sentry. He asked the sentry to hand over the packet to Kaur. The sentry checked the packet, found the cash and immediately called Kaur. Kaur told Parkash to wait and called the police.
Bansal claimed that the amount was the advance for land deal in Panchkula and the money was meant for one Nirmal Singh and was delivered by “mistake” to Justice Kaur. He said he had handed over the documents pertaining to the deal to the police. The police, however, claimed that the documents didn’t carry Nirmal Singh’s name. The deal was between Rupinder Singh, a resident of Delhi and Rajiv Garg of Panchkula.
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Income- Tax Appellate Tribunal
Central Covt. Offices Building,
4th Floor. Maharshi Karve Marg,
MUMBI 400 020.
Dated the 11th July, 2008.
O R D E R
The following Members are hereby transferred in public interest in the same capacity to the benches Mentioned against their name with Immediate effect:-
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Sr. No.
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Name/ Designation
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Bench(es) Where posted at present
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Bench(es) to which
Transferred
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01
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Shri. H. L.Karwa
Judicial Member
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Lucknow
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Ahmedabad
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02
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Shri. R. P. Tolani,
Judicial Member
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Ahmedabad
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Delhi
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03
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Shri. Rajinder Singh,
Accountant Member
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Delhi
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Mumbai
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The above Members may, if so advised avail of joining time as admissible under the rules.
(Vimal Gandhi)
President
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No. F. 46-Ad(AT)/2008
Income-tax Appellate Tribunal
10/11th floor, Lok Nayak Bhavan,
NDMC complex Khan Market,
NEW DELHI- 11 0003.
Dated the 1st July, 2008.
O R D E R
The following Vice-Presidents of the Income tax Appellate Tribunal are hereby transferred in the same capacity in public interest, to the Zones of the Income Tax Appellate Tribunal as shown against their name(s) with effect from 10th July 2008.
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Processing of returns of assessment year 2007-2008 - Steps to clear the backlog
Instruction No. 6/2008 dated 18-6-2008
Kindly refer to above. The issue of processing of pending returns has been discussed by the Board and following decisions have been taken in order to clear the backlog :—
(i) It has been decided that all CCsIT (CCA) should redeploy officers and staff to clear the backlog in high pendency charges keeping in view the overall work load including pendency of scrutiny cases. Concerned CCsIT may take recourse to outsourcing of data entry as per standing instructions of the Board / Directorate of Systems on the subject. For this purpose, necessary funds would be placed at the disposal of the CCIT (CCA) for outsourcing of data entry. CCsIT(CCA) should send proposals to the Directorate of Income-tax (Systems) for outsourcing of data entry.
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20.06.2008
Shri. Vimal Gandhi,
President,
The Income Tax Appellate Tribunal.
C I R C U L A R
I am enclosing a copy of Code of Ethics adopted by the judges of the Supreme Court and of the High Courts. Although the Sr. Vice-President / Vice-President/ Member of the Tribunal who also discharge judicial function are not strictly governed by the above code of ethics, it is desirable to follow the above code of ethics to maintain the highest standard of credibility in our day-to-day functioning.
I, therefore direct the Sr. vice-President/Vice-President/ member of the Tribunal to scrupulously follow the above guidelines in the code of ethics to maintain the highest standard of value in judicial service and there should be no deviation in this regard.
Encl. As Above
(Vimal Gandhi)
PRESIDENT
To
The Sr. Vice-President/ Vice- President/
Member of the Income Tax Appellate Tribunal.
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Shri. Vimal Gandhi,
President,
The Income Tax Appellate Tribunal.
Dear Brother,
ITAT has always been known for the high quality of its orders. Our orders have received praise form judge including sitting judge of the Supreme Court, who sit in appeal over them. However, of late I am concerned to note that some of the High court has criticized our lack of quality, detailed reasoning, non-recording of basic or vital facts and the arguments etc. I know that these are only exception to the general rules that we pass well-reasoned and speaking order. I am also aware of the pains and efforts taken by Members in general to pass quality orders and that wherever they slip, it is not intentional. It is however, unfortunate that adverse publicity is sought to be given only to the small percentage of orders, which suffer in quality. I am afraid that an Uninformed person may draw wrong conclusions form such publicity and may be misled to think that we are, in general not passing proper and speaking orders. That is a situation, which I want to avoid, if I can help it. I want to remove this impression whither it is carried by higher courts or by the public or the members of the Bar. I, therefore, thought it necessary to take measures to ensure that every single order we pass meets the requirements of a speaking order. One such measure which was actively debated and decided in the conference of the Vice-Presidents recently held in Mumbai was to reduce the monthly disposal-target to 50, but with the understanding the a Members will pay utmost attention to the quality of the orders they pass and will not give room for any criticism from any quarters.
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N O T I C E
IT IS HEREBY NOTIFIED for the information of the Advocates and parties appearing-in-person that with effect from Wednesday, 18 th June, 2008 :-
1. the following Hon’ble Division Benches will hear Original Side Tax Appeals for Admission and Interlocutory Applications therein and Notice of Motion taken out for condonation of delay. The lists of the said matters are displayed on the Notice Board of the Appeal Branch as well as on the Internet.
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Letter dated 6th June 2008 written by Shri. S. E. Dastur, Senior Advocate, to The Editor, The Federation of Tax Practitioners Journal.
The Editor
The Federation of Tax Practitioners Journal
215 Rewa Chambers
31 New Marine Lines
Mumbai 400020.
Dear Sir,
The Bombay edition of The Times dated 15th May, 2008 carried a news item concerning a bribe allegedly offered to a member of the Income-tax Appellate Tribunal based in Kolkata by an advocate. Several outstation newspapers and magazines (though not Bombay based publications) have reported subsequent developments.
It is indeed unfortunate that such an event has occurred. One does not at all know whether there is any truth in the particular allegation of bribery and for the moment one must assume the parties to be innocent until proved guilty. What is unfortunate is that members practising in the Tribunal, at least in Mumbai, did not evince any great sense of disbelief or surprise that there could be an occurrence of this nature. In the Bar Association members recounted stories of the influence which the Advocate concerned commands and the easy access and audience he always has. It is also rumoured that he and his sons have been generous in providing hospitality to members of the Tribunal.
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The following report appeared in The Tribune of 30th May 2008:
Punjab VAT Tribunal put on notice
Naveen S Garewal
Tribune News Service
Chandigarh, May 30
An inquiry conducted by chairman VAT Tribunal Punjab Justice M.M. Aggarwal (retired) into the conduct of two fellow members of the tribunal in a specific case has found both officials guilty of reversing their own orders with the presumption that the same has been done for “extraneous considerations”.
Following the submission of the inquiry report, the Department of Excise and Taxation has served a show-cause notice on the tribunal’s vice-chairman P.S. Bajaj and its member Kuldip Kumar.
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