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The Income Tax Appellate Tribunal (ITAT) has been ordered by Delhi HC to post daily order sheets and updated cause lists on its website (Ankit Kapoor v Income Tax Officer). Justices Manmohan and Navin Chawla handed down the order in response to an appeal filed by Ankit Kapoor against an order of the Information Technology Assessment Team (ITAT) dated February 27, 2019. "It also causes inconvenience to litigants in general and to lawyers in particular because the ITAT does not post daily order sheets and a revised cause list on its website. This Court directs ITAT to upload daily order sheets and revised cause list to its website "The issue was decided by the court. "If there is no system in place in this regard, it must be put in place by the ITAT within three months," the Court ruled in a statement.
An advocate appearing on behalf of the petitioner argued that a hearing was scheduled for February 28, 2020. Laut the petitioner's statement, the petitioner did not find his case on the cause list on February 28, 2020, and was informed by the Registry that his case had already been heard and dismissed by the Court on February 27, 2020. Since the petitioner did not have a fair chance to present his case, Roychaudhuri says the order should be overturned. " According to the Court's order of February 14, 2020, Petitioner had a bona fide belief that his case would be heard on February 28, 2020. Zoheb Hossain, senior standing counsel for Revenue, accepted notification. "I have no instructions in this matter," he said, adding that the lack of daily cause list publication causes inconvenience to litigants.
"The matter in question had been listed for February 21 and not February 28, as claimed by ITAT's counsel," he wrote. Counsel took note of the matter, so it was heard on February 21st. No one showed up to represent the assessor, a hearing was held on February 27. Petitioner's case had been adjourned to February 21, 2020, not February 28, as the petitioner had claimed. The Court, after considering the arguments of both parties and the circumstances of the case, decided that the petitioner did not have an adequate opportunity to represent himself in his case, because neither the daily order sheet nor the revised cause list had been updated to the website. On February 27, 2020, the ITAT issued an order reversing its previous decision.
Tags : #DelhiHighCourt #DailyOrderSheet #IncomeTaxAppellateTribunal
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