Eligibility for becoming ITAT Member: Supreme Court Issues Notice On Challenge Against Provision Requiring Chartered Accountants to Have 25 Yrs Minimum Experience

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Eligibility for becoming ITAT Member: Supreme Court Issues Notice On Challenge Against Provision Requiring Chartered Accountants to Have 25 Yrs Minimum Experience

 

The Supreme Court of India on Monday issued notice on a petition challenging the eligibility criteria of an accountant member appointed to the Income-tax Appellate Tribunal under the Income-tax Act, 1961. The Tribunal (Conditions of Service) Rules, 2021 prescribe that accountant members must have a minimum of twenty-five years of experience in the field of accountancy for membership of the ITAT. The constitutionality of this provision has been called into question by the Institute of Chartered Accountants of India. The petitioner organisation pointed out before a Bench of Justices M.R. Shah and M.M. Sundresh that the Income Tax Act prescribed a minimum experience of 10 years in the practice of accountancy for accountant members in Sub-section 2A of Section 252. “When the Act says 10 years, the rules cannot prescribe something contrary to that,” the counsel vehemently argued.

ITEM NO.4                                        COURT NO.5                                       SECTION X

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Writ Petition(s)(Civil) No(s). 626/2021

THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA                              Petitioner(s)

VERSUS

UNION OF INDIA & ANR.                                                                                   Respondent(s) (FOR ADMISSION

IA No. 103373/2021 – AMENDMENT OF THE PETITION IA No. 103376/2021 – INTERVENTION/IMPLEADMENT)

Date : 21-11-2022 This matter was called on for hearing today. CORAM : HON’BLE MR. JUSTICE M.R. SHAH

HON’BLE MR. JUSTICE M.M. SUNDRESH

For Petitioner(s)                     Mr. C.S. Vaidyanathan, Sr. Adv.

Mr. Pramod Dayal, AOR Mr. Nikunj Dayal, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following

O R D E R

Application for amendment is allowed. Issue notice, returnable on 02.01.2023. Dasti, in addition, is permitted.

(R. NATARAJAN)                                                                                         (NISHA TRIPATHI)

ASTT. REGISTRAR-cum-PS                                                                     ASSISTANT REGISTRAR

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