Chairman Of WB Taxation Tribunal Notified, Appointment Of Technical Member Under Consideration By Governor: State Govt Tells Calcutta HC

The Calcutta High Court on Monday was apprised by the State government that the selection process for the appointment of a technical member to the West Bengal Taxation Tribunal has been completed and that the name of the appointee has been forwarded to the Governor for his consideration. 

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj was adjudicating upon a Public Interest Litigation (PIL) petition seeking directions upon the State government to notify the name of the Chairman of the West Bengal Taxation Tribunal and to immediately appoint a technical member to the Tribunal. 

The Bench was informed by Advocate General S.N Mookherjee that Government of West Bengal vide notification dated June 18, 2022, had notified the appointment of the new Chairman. 

"So far as the first prayer is concerned, the same stands complied with pursuant to the notification issued by the Government of West Bengal dated 18th June, 2022 and the appointment of the Hon'ble Chairman has been notified", the Court recorded in the order. 

The Court further directed the State government to file a report indicating further developments in the matter on the next date of hearing which is slated to take place on July 4. 

It may be noted that the Court vide order dated April 18, 2022, had set aside an order whereby the tenure of the existing Technical Member of the West Bengal Taxation Tribunal has been extended until formal appointment of Technical Member by the Government. The Court had observed, "..the impugned order passed by the learned Single Judge is set aside, however by making it clear that if a fresh prayer for stay is made before the learned Single Judge, then the same will be duly considered in accordance with law and appropriate order will be passed taking into account the aforesaid relevant aspects of the matter."

The Court had also directed the State government to take expeditious steps for appointment of the Technical Member in the Tribunal after it was pointed out that due to non-appointment of the Technical Member, the work of the Tribunal is suffering.

Case Title: Anindya Sundar Das v. State of West Bengal & Ors

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