2003 (11) TMI 65 - HC - Income Tax

This is an application praying for stay of operation of the impugned National Tax Tribunal Ordinance, 2003. - once a notification is issued under section 3 of the Ordinance, all pending appeals and references in the High Court will stand transferred to the National Tribunal and in that case various parties in appeals and references that are pending in the High Courts will be seriously prejudiced inasmuch as it will not be possible for such Benches to take up urgent matters so long as sufficient infrastructure is not set up for the Benches. - In view of the aforesaid, we direct the opposite parties not to issue any notification as contemplated by or under section 3 of the said Ordinance till the next date. - List this interim application after two weeks.

Issues:
1. Validity of the impugned National Tax Tribunal Ordinance, 2003 under article 123 of the Constitution of India.
2. Lack of material before the President for immediate action in promulgating the Ordinance.
3. Delay in issuing notification under section 3 of the Ordinance for establishing the Tribunal.
4. Concerns regarding the readiness of the proposed Tribunals and infrastructure availability.
5. Potential prejudice to parties with pending appeals and references in High Courts due to the transfer to the National Tribunal.

Detailed Analysis:
1. The application before the High Court challenged the validity of the National Tax Tribunal Ordinance, 2003, questioning the timing of its issuance when Parliament was not in session. The petitioner's counsel argued that the Ordinance was promulgated without sufficient justification under article 123 of the Constitution of India. It was highlighted that the monsoon session had concluded, and the winter session was yet to commence, raising doubts about the urgency of the Ordinance.

2. The petitioner further contended that there was a lack of material before the President to support the immediate promulgation of the Ordinance. The counsel emphasized the need for proper evaluation and justification for invoking article 123 of the Constitution, suggesting that the decision lacked the necessary factual basis for urgent action.

3. Concerns were raised regarding the delay in issuing a notification under section 3 of the Ordinance for establishing the National Tax Tribunal. The counsel pointed out that despite the promulgation of the Ordinance, no notification had been issued to set up the Tribunal or its infrastructure, casting doubts on the readiness and operational capabilities of the proposed Tribunals.

4. The readiness of the proposed Tribunals and the availability of necessary infrastructure were questioned, with the petitioner's counsel arguing that the establishment of multiple Benches, as envisioned by the Central Government, would not be feasible within a short timeframe. The lack of infrastructure was highlighted as a significant obstacle that could hinder the Tribunals from commencing normal operations effectively.

5. The potential prejudice to parties with pending appeals and references in High Courts was a significant concern raised in the application. The transfer of cases to the National Tribunal, without adequate infrastructure in place, could adversely affect the parties involved, particularly in urgent matters. The petitioner emphasized the need to safeguard the interests of parties to prevent any unfair treatment during the transition.

In response to the arguments presented, the High Court directed the opposite parties to refrain from issuing any notification under section 3 of the Ordinance until the next hearing date. The interim application was scheduled for a review after two weeks, emphasizing the importance of addressing the concerns raised regarding the Ordinance and its implementation.

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