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Income Tax

SC clarifies Retirement Age of ITAT President and Members

Case Law Details

TaxGuru Citation
2018 taxguru.in 1282
Case Name
Kudrat Sandhu Vs union of India & ANR (Supreme Court of India)
Date of Judgement/Order
Only available for paid members
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Kudrat Sandhu Vs union of India & ANR (Supreme Court of India)

Mr. Sidharth Luthra, learned senior counsel appearing for the petitioner in W.P.(C) No. 33/2018 submits that certain positions in the National Consumer Disputes Redressal Commission (NCDRC) have not yet been filled up though vacancies are there.

Mr. A.K. Behera, learned counsel for the petitioner in W.P.(C) No. 640/2017 submitted in respect of the Central Administrative Tribunal (CAT) that though the matter has reached the final stage, yet the persons have not yet been appointed.

Mr. K.K. Venugopal, learned Attorney General for India assisted by Mr. R. Balasubramanian, learned counsel shall obtain instructions in this regard.

If any anomaly is there, it will be open to learned counsel to serve a copy of the same by way of a written statement to Mr. R. Balasubramanian, who in turn, may brief the learned Attorney General.

Ms. Aishwarya Bhati, learned counsel shall also submit a statement in writing as regards the Armed Forces Tribunal (AFT), a copy of which shall be served on Mr. R. Balasubramanian.

At this juncture, we may note that there is some confusion with regard to the Income Tax Appellate Tribunal (ITAT) as regards the age of superannuation. We make it clear that the person selected as Member of the ITAT will continue till the age of 62 years and the person holding the post of President, shall continue till the age of 65 years.

Let the matter be listed on 13.8.2018.

WP(C) No. 467/2018

Let this matter be listed alongwith Writ Petition (Civil) No. 279/2017.

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