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Indian Laws - Highlights / Catch Notes

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Compulsorily Retirement of Members of Income Tax Appellate ...


Supreme Court Overturns ITAT Member's Compulsory Retirement Due to Unproven Allegations, Lacking Public Interest Justification.

March 10, 2023

Case Laws     Indian Laws     SC

Compulsorily Retirement of Members of Income Tax Appellate Tribunal (ITAT) - Various unproven allegation of different kinds - An allegation made by the appellant’s ex-wife for bigamy - Once the parties had arrived at a settlement and a decree of divorce by mutual consent was passed by the concerned Court, the allegations of bigamy etc. levelled by the appellant’s wife loses significance since the case was never taken to trial for any findings to be returned by the Court on this aspect - The impugned order passed by the respondents does not pass muster as it fails to satisfy the underlying test of serving the interest of the public. - SC

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