Former members cannot practice in CESTAT – There was a time when a son would appear in the court presided over by his father and no questions were asked - Delhi High Court
By Finance Act 2007, former members of the CESTAT were barred from appearing acting or pleading before the Tribunal. Some of the former Members who have been practising in CESTAT after retiring as Members were aggrieved and approached the Delhi High Court in writ petition.
The High Court found nothing wrong with the bar and held that there was no discrimination; it was not unconstitutional; lawyers had no unregulated right to practice.
There is no such bar for ITAT Members; Why? It will come eventually; a good beginning has been made.
See Breaking News for the High Court judgement and our story.