2015 (9) TMI 1063 - HC - Income Tax

High Court emphasizes importance of providing suitable accommodation for Income Tax Appellate Tribunal members in Allahabad

The Income Tax Bar Association And Another Versus Union of India And 3 Others

The High Court addressed the issue of allotting residential accommodation to members of the Income Tax Appellate Tribunal in Allahabad. Emphasizing the ... Allotment of residential accommodation to the Members of the ITAT - Held that:- The matter of allotment of residential accommodation to members of the ITAT shall be dealt with fairly and on a priority basis. We are of the view that the same principle should be followed for the future so as to obviate writ petitions being required to be filed by members of the Tribunal or on their behalf before this Court. Unless proper accommodation is made available to the members of the ITAT, the work on the judicial side cannot be expected to be discharged with a degree of efficiency. This is a matter which should be dealt with on a high priority in all respects. We record the assurance of the ASG as noted above. We also direct the learned Standing Counsel to communicate a copy of this order to the Collector and District Magistrate so that the request of the members of the ITAT for the allotment of appropriate accommodation in the circuit house or in a guest house commensurate with the officer is duly considered subject to normal exigencies. Issues:Allotment of residential accommodation to members of the Income Tax Appellate Tribunal based at Allahabad.Analysis:The writ petition was filed by the Income Tax Bar Association, Allahabad, and the All India Federation of Tax Practitioners seeking the allotment of residential accommodation to two members of the Income Tax Appellate Tribunal (ITAT) at Allahabad. The two members in question were Sri P. K. Bansal (Accountant Member) and Sri Mahabir Prasad (Judicial Member). The issue of allotment of residential accommodation to ITAT members had been previously addressed by the Supreme Court in a 2003 order and by the Rajasthan High Court and Bombay High Court in separate judgments. The Additional Solicitor General assured that the matter of allotment of residential accommodation to ITAT members would be handled fairly and on a priority basis to ensure efficient discharge of judicial duties. The High Court emphasized the importance of providing proper accommodation to ITAT members for efficient functioning on the judicial side and directed the Standing Counsel to communicate the order to the relevant authorities for consideration of appropriate accommodation requests by ITAT members.The High Court acknowledged the assurance given by the Additional Solicitor General regarding the fair and priority-based allotment of residential accommodation to ITAT members. Emphasizing the importance of providing suitable accommodation to ensure efficient discharge of judicial duties, the Court directed the Standing Counsel to communicate the order to the Collector and District Magistrate for consideration of appropriate accommodation requests by ITAT members. The Court highlighted the significance of addressing the accommodation needs of ITAT members promptly to avoid the necessity of filing writ petitions in the future. The Court disposed of the petition, leaving it open for the petitioners to approach the Court if needed in the future, with no order as to costs.In conclusion, the High Court's judgment addressed the issue of allotment of residential accommodation to members of the Income Tax Appellate Tribunal in Allahabad. The Court emphasized the importance of providing suitable accommodation to ITAT members for the efficient discharge of judicial duties and directed the authorities to consider accommodation requests on a priority basis. The Court disposed of the petition while leaving the option open for the petitioners to approach the Court in the future if necessary, without imposing any costs.