Initiate Process to Fill Up Vacancies In ITAT:SC To Centre [Read Order]

“The process of appointment has been obfuscated and mere lip service has been paid to the matter”, Senior Advocate Meenakshi Arora who appears in the matter

The Centre has been given three weeks time by the Supreme Court to initiate process of filling up vacancies of presidents, vice presidents and members in different benches of the Income Tax Appellate Tribunals (ITAT) across the country.

The direction came after Solicitor General Ranjit Kumar told a bench of Chief Justice J S Khehar and Justice D Y Chandrachud  that the “Appointments Committee of the Cabinet was looking into the matter and the process of filling up vacancies was at an advanced stage”.

During the proceedings, senior advocate Meenakshi Arora, appearing for one of the parties, alleged that the process of appointment has been obfuscated and mere lip service has been paid to the matter. “The Selection Committee had made recommendations in 2015, but the appointments were made in 2017. Three of the four persons who were appointed would be retiring soon and the appointments were a mere lip service”, she said.

The court had earlier pulled up the Centre over the delay in the appointments, saying that the ITAT was one of the key sources of revenue earning for the government, which was still moving at a snail's pace in filling up the vacancies.

The court was hearing a PIL filed by one Akshay Pundir, contending that ad hocism has become order of the day as many of the posts of senior vice presidents and vice presidents have not been filled up.

The petition, filed through advocate Sanjeeb Panigrahi, had said the timely appointment of Presidents, Vice- Presidents and members will go a long way in tackling the burgeoning tax litigations in the country.

The plea said the government is not taking steps to appoint the presidents, nor is it clearing the names of vice presidents. Therefore a chaos will arise in business circles if no person would be appointed as President before the vacancy arises.

Read the Order Here