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Appearing for ITAT Before CIC Does Not Disqualify Counsel Before ITAT: ITAT Chennai

Case Law Details

TaxGuru Citation
2026 taxguru.in 12644
Case Name
ACIT Vs Kerry Indev Logistics Pvt. Ltd. (ITAT, Chennai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2013-14
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ACIT Vs Kerry Indev Logistics Pvt. Ltd. (ITAT, Chennai)

Appearing for ITAT Before CIC Does Not Disqualify Counsel Before ITAT: Chennai Bench Rejects DR’s “Conflict of Interest” Objection & Deprecates Obstruction of Judicial Work

DR Raises “Conflict of Interest” Objection

The CIT-DR objected to the appearance of an advocate belonging to M/s. V. Ramachandran Advocates and a chartered accountant associated with the matter. The advocate had earlier represented the CPIO/APIO of the ITAT, Chennai, before the Central Information Commission in RTI appeals filed by the CIT-DR.

According to the CIT-DR, once the advocate represented the ITAT before the CIC, he became counsel for the institution. His subsequent appearance for assessees before the same Tribunal could allegedly create an impression of bias, compromise neutrality & jeopardise the Revenue’s interests.

The Revenue further contended that the concerned Member or Bench ought to recuse itself from matters represented by such counsel.

Administrative Representation Is Not Judicial Conflict

The Tribunal rejected the objection at the threshold. It clarified that the advocate had represented the ITAT’s RTI Cell in its institutional & administrative capacity, and not any Member in an individual or personal dispute.

The mere engagement of counsel to defend an administrative order of the CPIO before the CIC did not create any personal, professional or financial relationship with Members hearing income-tax appeals.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 7,342

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