Vacancies in the Income Tax Appellate Tribunal spell trouble for the government

The Supreme Court today issued notice in a petition, filed by one Akshay Pundir, challenging the inaction of the Central Government in filling up vacancies in the Income Tax Appellate Tribunal (the ITAT). This comes at a time when judicial appointments seems to be a major sore spot for the Government..A bench of the Chief Justice of India JS Khehar and Justices NV Ramana and DY Chandrachud heard the matter briefly before issuing notice to the Ministry of Law and Justice, and the Prime Minister’s Office, which have been arraigned as respondents in the case..Senior Advocate Huzefa Ahmadi appeared for the petitioner and Ahmadi was assisted by Advocate Sanjeev Panigrahi..The ITAT is a quasi judicial institution set up in January, 1941 and specializes in dealing with appeals under the Direct Taxes Acts. The orders passed by the ITAT are final, and an appeal lies to the High Court only if a substantial question of law arises for determination..Further, a Selection Committee consisting of a sitting Supreme Court Judge, (to be nominated by the Chief Justice of India), the President and the Secretary, Ministry of Law and Justice (Department of Legal Affairs), recommends persons for appointment as President, Senior Vice-President and Vice-Presidents to the Tribunal, based on merit..In this petition, the petitioner has contended that several posts are lying vacant in the ITAT, bringing its work to a “grinding halt”. The petition notes that,.“It is submitted that in August 2015, a DPC (meeting) for filling up the new post of seven Vice Presidents and one senior Vice President was conducted under the Chairmanship of Hon’ble Chief Justice of India, in which seven ITAT members have been promoted to the post of Vice President on the basis of their seniority and one has been promoted to the post of senior Vice President.”.Aggrieved by the fact that no action was taken on the recommendations of the DPC, the petition also states,.“…. that post of the President is going to fall vacant on 17.02.2017 and only two Vice Presidents are working in the Tribunal at present.”.In addition, the petition also alleges that graft charges were levelled against the two members, who are currently working as Vice Presidents. The petition prays that they may not be appointed as Presidents owing to their poor integrity..The petitioner has also sought for a direction to be issued to the respondents to take immediate steps to fill up the existing vacancies of Vice Presidents in terms of the DPC meeting conducted in 2015..The court has now listed the matter after four weeks.