2019 (12) TMI 1079

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.... Tribunal since their applications for selection to the post of Member, Income Tax Appellate Tribunal ('ITAT') were not considered as valid since all their APARs were not received before the stipulated date i.e. 30.08.2018. The stand of the respondents, who were applicants before the Tribunal, was that they had no control over their department and once the APARs had been recorded it was for the department to forward the same alongwith other documents to the Selection Committee. 3. The O.A.s were disposed of with the direction that the case of the appellants be considered by the Selection Committee for appointment to the post of Member, ITAT without taking into account the aspect of delay as regards the receipt of APARs. It is this order ....

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....ted prior to the cut-off date. Having regard to the fact that the cut-off date was fixed in the Circular, in our view, prima facie such a direction could not be issued. Notice to show cause as to why the petition be not admitted, returnable for 18.09.2019. Till the next date of hearing, the operation of the impugned order 09.08.2019 shall remain stayed. Copy of the order be given dasti under signatures of the Court Master, as prayed." 5. Mr. Ravi Prakash, learned counsel appearing for the petitioners submits that the Selection Committee was formed on 02.04.2019. It is further contended that as per Rule 4-A of the Income Tax Appellate Tribunal Members (Recruitment and Conditions of Service) Rules 1963, the Committee is a....

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....considered the agenda note of the meeting and after due deliberations decided that all applications from the eligible candidates, complete in all respects as per advertisement, including those from Government servants, which have been received on or before the due date i.e. 20th August, 2018, shall only be considered. The Committee clarified that mere receipt of advance copies within the given time will not be sufficient and only applications received through proper channel complete in all respects will be considered." 6. The submission of Mr. Ravi Prakash, learned counsel for petitioners, is that once the Committee had fixed the cut-off date from receipt of all applications, such date could not have been extended by anyone except the Co....