INCOME TAX APPELLATE TRIBUNAL BAR
ASSOCIATION
10TH FLOOR, ITAT
PREMISES, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI-110003
TEL:
24628213 / 24647347 / 43528310
Website: www.itatbardelhi.com
email: info@itatbardelhi.com / itatbar@gmail.com /itatbardelhi@gmail.com
Dated: 3rd May,
2018
The
Hon’ble Chairman,
Central
Board of Direct Taxes,
Ministry
of Finance (Department of Revenue),
North
Block, New Delhi-110001.
Sub: Adjournments
by the Department in appeals before the Tribunal in high demand stay granted
matters – Adverse effect on tax collections.
Dear
Sir,
Some
time ago your goodself had expressed serious concerns over inordinate delays in
decisions by the Income-tax Appellate Tribunal in respect of appeals involving
stay granted matters.
2. We
had contended that in stay granted matters, delay in disposal of appeals could
not be attributed to the assessees since one of the precondition for stay is
that no adjournment is to be sought for by the assessee.
3. I
wish to bring to your kind notice that adjournments are being taken by the
Department in many appeals involving stay granted matters without any cogent
reason. Very often, applications for adjournment by the Department are filed
where the reason for adjournment in a stay granted matter is simply stated as
“CIT(DR) not available”. This fact can be easily verified from the
records of the Departmental Representative’s office and we also have many such
applications which we can furnish, if required.
4. May
I, on behalf of the Bar Association request you to give suitable instructions
to the Departmental Representatives to be more sensitive in respective of stay
granted matters and not seek adjournments on frivolous grounds. This
will go a long way in disposing off appeals involving stay granted matters and
income-tax due can be collected expeditiously augmenting the much needed
revenues of our country.
Thanking
you,
Yours
faithfully,
(AJAY
WADHWA)
President
Copy to:
1. Hon’ble
President, Income Tax Appellate Tribunal
2. Learned
Chief Commissioner of Income Tax-3, New Delhi
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