HC dismisses petition of CA alleging harassment by ITAT Members

Issue- The petitioner is a Chartered Accountant and has been appearing before the Income Tax Authorities as well as before various Benches of the Income Tax Appellate Tribunal. The grievance of the petitioner is that the petitioner is facing lot of harassment at the hands of respondents No.2 and 3, who are Judicial and Accountant Member of the Tribunal at Amritsar as the petitioner has not been able to meet their expectations and illegal demands.

Held– It appears that the present writ petition is to settle the scores which the petitioner might have raised during the course of his conduct as representative of the assessees. The petitioner has asserted that he is not able to meet the expectations and illegal demands raised by the Members but there is no details as to when and how the demands were raised. Not only the writ petition is bereft of any material particulars but also the petitioner has no right to claim mandamus for restraining an authority constituted under the Act from discharging the functions entrusted to it by the Statute. The present writ petition is gross abuse of process of law and, therefore, it is dismissed.

  HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

C.W.P. No. 9731 of 2013
Date of Decision: 08.05.2013

Yoginder Kumar Sud

Vs.

President Income Tax Appellate Tribunal and others

CORAM:- HONORABLE MR. JUSTICE HEMANT GUPTA

       HONORABLE MS. JUSTICE RITU BAHRI

Present:- Mr. Akshay Bhan, Advocate for the petitioner.

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