In pursuance of the consultations of the collegium of the Income Tax Appellate Tribunal consisting of the President and two senior-most Vice-Presidents, the following Members of the Tribunal are hereby transferred in public interest, in the same capacity, to the Bench/es of the Income Tax Appellate Tribunal as shown against their names with effect from the forenoon of 3rd January 2011

We wish the Hon’ble Members good luck in their new postings.

The sitting list and assignment of Judicial Work on the Original side of the Bombay High Court on and from Wednesday, the 5th January 2011 until further orders will be as under:

Date: 26.11.2010
To,
Hon’ble Shri Yaswant Sinha
Chairman,
Standing Committee on Finance
New Delhi

Sub: Representation on certain provisions contained in the Direct Tax Code Bill, 2010

Respected Sir,

1. Income Tax Appellate Tribunal, Mumbai, is one of the oldest and premier Tax Bar Associations of the Country. Many noted jurists and legal luminaries have adorned the chair as its President; one of the prominent among them being Late Shri Nani Palkhivala, who was President of the Association for almost 35 years. The Association has been a front runner for the cause of upholding and maintaining judicial independence of the courts and, more particularly, the Income Tax Appellate Tribunal.

2. We have very carefully pursued and analysed Direct Taxes Code, 2010 [“the Code”]. Our views on some issues affecting the Income Tax Appellate Tribunal and some other legal issues under the Code are as under:

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The ITAT Bar Association has been vigorously campaigning for an increase in the retirement age of the judges of High Courts from 62 years to 65 years. Among others, three grounds were advanced in support of the plea:

1. With increased life span and improved health conditions, when careers of the learned Judges of the High Courts are being cut short at the age of 62, when they are still capable of performing judicial functions, the justice delivery system in our country is being deprived of their substantial knowledge and experience.

 

2. At present, several retired Judges of High Courts are rendering valuable services in various forums, even in judicial and quasi judicial capacities. If, even after attaining the age of 62 years, they are able and competent to exercise these functions, there is no reason why they should not continue as Judges of High Courts until the age of 65 years.

 

3. The proposal will also have a favorable impact on the high pendency of cases before the High Courts.

We are happy to report that our tireless efforts have borne fruit. According to news reports in the Times of India, a Parliamentary standing committee has endorsed the governments proposal to increase the retirement age of HC judges from 62 to 65.The committee said with retirement age of judges of the HCs and the SC coming on a par, there would be less competition among the HC judges for elevation to the SC.

The Times of India further reported that in its report, the standing committee said integrity, honesty and output of the judges are issues that need to be addressed by the government with all seriousness. It added that there was a need to review the procedure for appointment of judges in the higher judiciary and put in place some mechanism to optimize the output of their performance. It also proposed the setting up of a National Judicial Commission.