Income Tax Appellate Tribunal in India - Challenges Ahead
Abstract
The 82-year-old Indian Income Tax Appellate Tribunal (ITAT) is regarded by taxpayers as an efficient and fair forum. This article describes challenges faced by the ITAT, for example, growing pains due to its rapid expansion during the past three decades, recent changes to the tenure of its adjudicating members and to the eligibility criteria for appointing such members, and anticipated challenges in light of the proposed changes to its operating model. The article relies primarily on interviews with retired tax officials, former ITAT adjudicators, retired judges, and tax practitioners.
References
Appointment of ITAT members for only five years will undermine the independence of the ITAT: AIFTP. (2017, May 6). itatonline.org. https://itatonline.org/info/appointment-ofitat-members-for-only-five-years-will-destroy-the-independence-of-the-itat-aiftp/
Appointment of tribunal members rules 2017 – A veiled coup by the executive over the judiciary? A long legal battle ahead. (2017, June 23). itatonline.org. https://itatonline.org/blog/appointment-of-tribunal-members-rules-2017-a-veiled-coupby-the-executive-over-the-judiciary-a-long-legal-battle-ahead/
Butani, M. (2016). Tax dispute resolution: Challenges and opportunities for India (1st ed). LexisNexis.
Deloitte. (2020). Reducing income tax disputes in India: A way forward (Deloitte Tax Policy Paper 6). https://www2.deloitte.com/content/dam/Deloitte/in/Documents/tax/in-taxreducing-income-tax-disputes-in-india-noexp.pdf
The Federal Judicial Center. (n.d.). Talking points on federal judicial history: Judicial independence. https://www.fjc.gov/history/talking/talking-points-federal-judicial-historyjudicial-independence
The Finance Act (India). (2017).
The Finance Act (India). (2021).
The Finance Bill (India). (2021). https://incometaxindia.gov.in/budgets%20and%20bills/2021/finance_bill.pdf
Gibbs, G. R. (2007). Thematic coding and categorizing, In G. R. Gibbs (Ed.), Analyzing qualitative data (pp. 38–55). Sage Publications Ltd.
Government of India. (2017, June 1). Tribunal, appellate tribunal and other authorities (Qualifications, experience and other conditions of service of members) rules, 2017. The Gazette of India, No. 442.
Government of India. (2020, February 12). Tribunal, appellate tribunal and other authorities (Qualification, experience and other conditions of service of members) rules, 2020. The Gazette of India, No. 91. The Income Tax Act 1961 (India). https://incometaxindia.gov.in/pages/acts/income-taxact.aspx
Income Tax Appellate Tribunal. (n.d.-a). About the tribunal. Government of India, Ministry of Law and Justice. https://itat.gov.in/page/content/about-tribunal
Income Tax Appellate Tribunal. (n.d.-b). Income tax appellate tribunal – An insight. Government of India, Ministry of Law and Justice.
Kanzarkar, S. (2020, February 24). New rules for appointment of tribunal members encroaches upon judicial independence and also is non-compliant with the guidelines issued by the supreme court. itatonline.org. https://itatonline.org/articles_new/new-rules-forappointment-
of-tribunal-members-encroaches-upon-judicial-independence-and-also-isnon-compliant-with-the-guidelines-issued-by-the-supreme-court/
Ministry of Finance, Government of India. (2018). Economic survey 2017-18 (Vol. II). Oxford University Press.
Mohan, S. A. (2021). Transformation of the income tax appellate tribunal in India. New Zealand Journal of Taxation Law and Policy, 27(3), 377–393.
New ITAT members to get marginal salary hike but limited 3 year term for members, VPs and President. (2017, June 3). itatonline.org. https://itatonline.org/info/new-itat-members-toget-3x-salary-hike-to-rs-250000-per-month/
Qu, S. Q., & Dumay, J. (2011). The qualitative research interview. Qualitative Research in Accounting & Management, 8(3), 238–264. https://doi.org/10.1108/11766091111162070
Saldaña, J. (2014). Coding and analysis strategies. In P. Leavy (Ed), The Oxford handbook of qualitative research (pp. 581–598). Oxford University Press. https://doi.org/10.1093/oxfordhb/9780199811755.013.001
Shivaram, K. (2017, June 23). Appointment of tribunal members rules 2017 – A veiled coup by the executive over the judiciary? A long legal battle ahead. itaonline.org. https://itatonline.org/blog/appointment-of-tribunal-members-rules-2017-a-veiled-coupby-the-executive-over-the-judiciary-a-long-legal-battle-ahead/
Steps for reduction of pending cases in ITAT. (May 8, 2001). Press Information Bureau. https://archive.pib.gov.in/archive/releases98/lyr2001/rmay2001/08052001/r080520012.html
TG Team. (2021, March 28). Finance Act 2021. TaxGuru https://taxguru.in/incometax/finance-act-2021.html
The Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021. https://www.indiacode.nic.in/handle/123456789/16901?view_type=browse&sam_handle=123456789/1362
Vaitheeswaran, K. (2021, February 7). Viewpoint: Faceless ITAT – A premature experiment. The Hindu BusinessLine. https://www.thehindubusinessline.com/business-laws/facelessitat-a-premature-experiment/article33775171.ece
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