2015 (8) TMI 1390 - HC - Income Tax

Delay in filing and re-filing of the appeals - Held that - There should be a system devised for the Deputy CIT under supervision of the Additional CIT to monitor on a constant (if not daily) basis the adherence to time lines in various matters entrusted to standing counsel. If there is delay beyond the acceptable limit for any reason whatsoever it should be possible for the case to be re-assigned to another standing counsel with specific instructions to complete the further steps within the stipulated time frame. The defects pointed out by the Court are accessible on the net and the Deputy and Additional CIT will keep themselves apprised of these on a regular basis case-wise to facilitate effective monitoring. The Court would like the ITD to ensure that in none of the matters there is a situation where (a) there is no one appearing for the ITD (b) even if they are they have neither instructions nor papers. The Deputy CIT incharge of the Judicial Cell of the ITD in the High Court should coordinate with the Court Masters of the Court and provide a list of the names of standing counsel who will be appearing in the appeals should in the final hearing list. It will the responsibility of the Deputy CIT to ensure that the standing counsel who have been assigned the cases have the complete records. The Deputy CIT can obtain from the Court Masters of the Court well in advance of the likely dates of hearing of the cases soft copies of the complete case records available in the Court server upon payment of the usual charges. It should not be an excuse for standing counsel of the ITD to take adjournments on the ground that they have no instructions or that they do not have the case papers. The Court would like to be shown the supplementary SOP on the next date of hearing. The Registry is directed to ensure that all the defects in the appeals/applications/replies/etc. filed are pointed out in the first instance. The defects pointed out after re-filing should pertain to or relate to the defects already pointed out in the first instance. They should not be fresh defects.

Summary

Issues:
1. Implementation of Standard Operating Procedure (SOP) in the Income Tax Department (ITD).
2. Timely filing and re-filing of appeals by the ITD.
3. Monitoring adherence to time limits by standing counsel.
4. Ensuring representation and preparedness in final hearing matters.
5. Communication of finality of issues pending in other courts to standing counsel.
6. Defects identification and rectification process by the Registry.

Analysis:
1. The High Court addressed the issue of implementing a Standard Operating Procedure (SOP) in the ITD to streamline case record management, allocation, and re-allocation of cases. The SOP was formulated by senior Standing Counsel and approved by the Principal Commissioner of Income Tax, Delhi Region. The Court emphasized the importance of full cooperation from the ITD to ensure representation in all cases.

2. Concerning the timely filing and re-filing of appeals, the Court highlighted the need for specific time limits for completing necessary steps. It directed the Deputy CIT to monitor adherence to these timelines and re-assign cases if delays occur. The Court emphasized the importance of understanding court rules and procedures to avoid delays in filing appeals.

3. The Court stressed the necessity of a system for constant monitoring of time limits by the Deputy CIT to ensure efficiency. Delays beyond acceptable limits should result in re-assignment of cases. The Court recommended utilizing online resources for easy access to case-related information.

4. In final hearing matters, the Court instructed the ITD to ensure representation and preparedness to avoid situations where no one appears for the ITD or lacks instructions and papers. The Deputy CIT was tasked with coordinating with Court Masters to provide complete case records to standing counsel in advance.

5. Regarding issues pending in other courts, the Court emphasized the importance of regular communication to standing counsel about final decisions. This communication channel aimed to facilitate the disposal of pending matters efficiently.

6. The Court addressed the issue of defects identification and rectification by the Registry. It directed the Registry to point out all defects in appeals in the first instance to avoid repeated identification after re-filing. This directive aimed to streamline the appeals process and reduce unnecessary delays.

In conclusion, the High Court set forth detailed guidelines and directives to improve the efficiency and effectiveness of the ITD in handling appeals and court proceedings. The emphasis was on adherence to timelines, proper representation, communication, and rectification of procedural defects to ensure smooth functioning and timely resolution of tax-related matters.