Thread by @barandbench

Supreme Court to hear a plea concerning non appointment of members to the Income Tax Appellate Tribunal in pursuance to the earlier orders of the top court

#SupremeCourt #ITAT

SC: Mr Attorney General it seems that the Supreme Court committee headed by Justice AM Khanwilkar met on two occasions

AG: A clarification was sought from Dept of legal affairs

AG: Dept said there was fresh material which surfaced in relation to the members to be appointed and thus the appointment was deferred

AG: After this is considered it may be taken ahead.

Sr Adv Basant: Committee has not said we're modifying, only that we're exercising ... They've not reiterated any names.

Justice Chandrachud: Then what is to be done now?

Basant: Not an adversarial litigation. Should not only go by opinion of secratary.

Bench: You're right. They just pointed out that they were embarrassed, as this was avoidable.

Basant: Does that mean that the objections were not necessary? Would like to hear amicus whether they're recommending or modifying.

Bench: Mr AG, it looks like they considered 6 candidates. What about the others?

AG: Rest were appointed. 28 names.

AG: Entire issue was non appointment of 6 persons and we're asked to place entire material on record. Please look at para 4 of our last order.

[AG reads]

Bench: It says 19 remain to be appointed, and what happens to the remaining 13?

Counsel discuss figures of how many selected.

Bench: Little bit of a grey area that's why we thought it the joint secretary is with you then he could also assist.

Bench: Did the committee consider all the 19 remaining people or just the 6 people?

Justice Chandrachud asks AG to verify these and place it.

AG: Lordships may adjourn it by 2 weeks, we'll file Affidavit.
Bench: That would be better.
Basant: Need to know if only 6 considered

SC: Committee said you should have pointed this earlier to us. We can adjourn this and the input shared earlier before us can be placed before the committee

AG: i will place the background of entire recommendations

SC: File a short affidavit on what took place

Sr Adv Datar: committee seems have considered 6 candidates. we are playing with career of so may members. there are different reasons for these members and for more than 50% of such cases IB does not have reports. This can be listed on July 26 when tribunal matters will come

SC: A compilation of additional documents have been filed by Centre and minutes of the Search cum selection committee has been filed. as recorded in earlier order of this court dated may 17 2022, The SCSC had recommended 28 candidates in main list and 30 in wait list

SC: Out of this 16 was taken from main list and 6 was taken from wait list. now 19 persons remain to be appointed. minutes indicate SCSC discussed appointment fo 6 candidates against vacancies in unreserved category and OBC category

SC: Affidavit by Centre will clarify if the inputs and materials pertaining to only 6 candidates was placed before the SCSC.

AG: Now there is an amendment which executive a power to decline

SC: That we will see on July 26

SC: Now committee has also indicated in a discreet way that all inputs should have been placed before the court then this entire process would not have been needed

#SupremeCourt