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Vide Circular dated 17.04.2013, the Ministry of Law & Justice has invited applications for appointment to the posts of Judicial & Accountant Member of the Income Tax Appellate Tribunal. There are 20 vacancies for the post of Judicial Member and 28 vacancies for the post of Accountant Member. The posts belong to General Central Services Group ‘A’ (Gazetted) and carry a pay-scale of Rs.75,500- 3% Annual Increment- 80,000/- plus other allowances as admissible under the extant rules. The posts are temporary at present, but are likely to continue. The applications have to be sent by 14.06.2013.

 


A meeting of the managing committee of ITAT Bar Association, Ahmedabad was held on 19th April, 2013 and the following resolution was passed unanimously:

 

RESOLVED THAT considering the conduct of Shri A. K. Garodia, the Accountant Member of ITAT Bench at Ahmedabad, it was found that on account of his consistent gross, rude, arbitrary and outrageous behavior with all members of the Bar appearing before him and his doubtful integrity and unethical standards, the committee decided to boycott the Bench consisting of Shri A. K. Garodia from Monday i.e 22nd April 2013 indefinitely, and information of this Resolution is given to the members of the Association through Email as well as SMS with request that all members will observe the boycott of the Bench.

 

Information of this resolution has been conveyed to Hon’ble the President of ITAT Shri H. L. Karwa telephonically as well as to Hon’ble Vice President, Ahmedabad Zone Shri G. C. Gupta by the committee who went and met him personally.

 

Latesh Parikh, Hon. Secretary
Manish J. Shah, President

 


Transfer Of Hon’ble Member Of ITAT

Wednesday, February 6th, 2013

Vide order dated 04.02.2013 passed pursuant to consultations with the collegium of the ITAT constituting the President and two senior-most Vice Presidents available, Smt. Diva Singh, Judicial Member, Kolkota Bench, has been transferred in the same capacity to the ITAT Delhi Bench with immediate effect for a period of one year. The transfer has been made at her request. On the expiry of one year from the date of joining the Delhi Bench, she has to report back to the Kolkota Bench unless otherwise directed by the competent authority.

 

We wish the Hon’ble Member good luck in her new posting


Minutes of the meeting held on 14th December 2012 with the representatives of the ITAT Bar Association, Mumbai.

 

No.

Issue

Decision

1

Constitution for subsequent 2 weeks may be intimated on or before Wednesday of earlier week.

Accepted

2

Cases where the representative is not present may not be disposed off ex parte. Such matters may be taken up at the end of the Cause list.

Accepted

3

Currently the date of hearing is intimated in the acknowledgment itself. If the assessee is not represented on that day, one notice may be sent.

Accepted

4

If the assessee makes application for an adjournment well in advance i.e. at least 15 days in advance, the same may be considered and disposed off without insisting upon presence of the party or representative in the Court on the date of the hearing.

Accepted

5

In case a matter fixed before a Special Bench is likely to go on and the Members sitting on the Special Bench are also to sit on a regular Bench, the matters before the regular Bench may be adjourned by 11.30 am

Accepted, will try to implement

6

If the Bench feels that a particular matter may take a long time, other matters may be adjourned, by giving specific date.

Accepted. The discretion is with the Bench.

7

All matters adjourned due to non functioning of benches may be adjourned to a specific date instead of giving two different dates.

Accepted

8

When a matter is fixed for a particular day, the matter may not be preponed unless a specific request is made by the parties concerned      

Accepted

 

(H.L. Karwa)
President
Mumbai. Dated 18th December, 2012
Copy to:

1. All Members of ITAT
2. Assistant Registrars of ITAT
3. ITAT Bar Association, Mumbai


The decision taken in March 2012 to set up E-Tribunal for hearing of appeals via video-conferencing has finally seen the light of day. It was earlier announced that Hon’ble Shri. R. K. Gupta, Judicial Member, would preside over the E-Tribunal, Mumbai. Now the detailed Guidelines on the subject have been formulated by the Tribunal.

 

The E-Tribunal will be launched on 10th December at Delhi, Mumbai, Nagpur & Ahmedabad. It will soon be extended to other Cities as well.

 

The ITAT Bar Association congratulates the Hon’ble Members of the Tribunal and the officials involved for the speedy implementation of the E-Tribunal.

 

As pointed out earlier, the E-Tribunal will not only lead to a speedy disposal of cases but will also result in considerable cost savings for the Government and the taxpayers.

 

We wish the E-Tribunal great success!

 


 

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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.

 

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Vide Order dated 7.11.2012 it has been directed that Hon’ble Shri. G. E. Veerabhadrappa, Vice President, Mumbai, (on long leave) is transferred in the same capacity as Vice President, Kolkota Zone in public interest. He shall take charge at Kolkota upon expiry of his leave period.

 

Hon’ble Shri. O. K. Narayanan, Vice President, Chennai and Kolkota Zone shall continue to hold charge of Kolkota Zone till the date of taking over of charge by Hon’ble Shri. G. E. Veerabhadrappa, Vice President.

 

Vide another order, also dated 7.11.2012, it has been directed that Hon’ble Shri. H. L. Karwa, President, shall hold charge of the Mumbai Benches with immediate effect.


Vide order passed in pursuance of the consultations of the collegiums of the Income Tax Appellate Tribunal, consisting of the President and two senior-most Vice Presidents, the following transfers have been ordered with effect from 5th November 2012:

 

(i) Shri Vikas Awasty, JM, ITAT, Chennai is transferred to ITAT, Jaipur

(ii) Shri B.R. Jain, AM, ITAT, Lucknow is transferred to ITAT, Jaipur

(iii) Shri Sunilkumar Yadav, JM, ITAT, lucknow is transferred to ITAT, Chennai

(iv) Shri Sanjay Arora, AM, ITAT, Jaipur is transferred to ITAT, Mumbai

(v) Shri R.K.Gupta, JM, ITAT, Jaipur is transferred to ITAT, Mumbai

 

Shri. R. K. Gupta, JM, shall preside over “E” Bench which is likely to function from December 2012 at Mumbai Benches, Mumbai and also to hear S.M.C cases, if any.

 

Editorial Note: The “E” Bench refers to the “E-Court” which will hear matters via video-conferencing

 

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


In order to dispose of the pending appeals relating to International Taxation and Transfer Pricing matters generally involving high stakes, a Committee was constituted to offer suggestions. After elaborate discussion and deliberations among the participants and keeping in view the suggestions made by the representatives of the assesses and the department, the Committee decided to take certain steps. The recommendations offered by the said Committee have been approved by the Hon’ble President vide letter dated 6th September 2012 and all Benches have been requested to implement the same scrupulously:

 

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The Ministry of Finance has issued a letter dated 14.09.2012 stating that the Notification dated 31.08.2012 has been issued inadvertently and that the procedure for issue of the Notification has not yet been completed. This has been pointed out by the due diligence of Shri. Rajesh Jain, FCA

 

Vide Notification dated 31.08.2012, the following changes have been effected in the CESTAT Members Service Conditions Rules. The principle terms of the changes are the following:

 

(i) Only High Court Judges (serving or retired) can be appointed President of the Tribunal;

 

(ii) The post of Vice-President has been abolished;

 

(iii) There is an increase in the retirement age. As against the present age of retirement of the President of 65, the President will now hold office for five years or till he attains the age of 68, whichever is earlier. Members will now retire at the age 65 instead of the present 62;

 

(iv) No reservation for the posts of Judicial & Technical Members.

 

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