Timely Filing of Appeals - CBDT Chairman Wants Responsibility Fixed

By Vijay Kumar

IT is learnt that the Chairman, CBDT has written a hard hitting DO Letter to his Chief Commissioners and DGs about the importance of filing appeals to the High Courts and Supreme Court on time. He informs the CCs that the Apex Court has time & again expressed its anguish & annoyance over the delayed filing of SLPs as also appeals in the High Courts. The Attorney General of India has conveyed the Apex Court’s displeasure to the Union finance Minister, who has desired to take immediate action against the officials found responsible for such lapse and to put in place proper mechanism ensuring that appeals are filed well in time and departmental litigation is conducted in an orderly manner.

The Chairman directs that:-

i. The Chief Commissioner and Commissioner concerned would be personally responsible to ensure timely filing of appeals;

ii. CCsIT (CCA) / the concerned CCsIT / the concerned CsIT would immediately initiate action against the officers / officials responsible for the delays in filing appeals, under intimation to the CBDT;

iii. CCsIT (CCA) would review the status of SLPs / appeals of their regions and ensure that these are filed in time & pursued properly;

iv. SLP proposals should be processed on the basis of orders downloaded from the court’s website without waiting for the certified copy which may be obtained in due course;

v. The soft copies of the proposals & accompanying documents must be sent to the Directorate of L&R well within the prescribed time limit;

vi. Henceforth any laxity in any judicial matter should be viewed seriously by the CCIT (CCA) & action against officers responsible be initiated within a time frame; [Does this mean other instructions can be taken lightly?]

vii. It is a matter of serious concern that despite the Supreme Court’s observations, posts in judicial wings are still lying vacant at various places; proper support system/ infrastructure has not been provided to the Judicial Wing. CCsIT (CCA)are advised to correct the situation immediately, fill up the vacant positions in judicial wing & send a compliance report under their own signatures by Feb 15, 2011.

Will the field officers obey the Chairman and if not, will action be really taken?

(See full text of Chairman's letter)