2013 (5) TMI 238 - HC - Income Tax

Inefficient working of tribunal - Writ of mandamus - petitioner is a Chartered Accountant whose grievance that was facing lot of harassment at the hands of Judicial and Accountant Member of the Tribunal at Amritsar - Held that - The petitioner has asserted that he is not able to meet the expectations and illegal demands raised by the Members but there is no details as to when and how the demands were raised. Not only the writ petition is bereft of any material particulars but also the petitioner has no right to claim mandamus for restraining an authority constituted under the Act from discharging the functions entrusted to it by the Statute. The present writ petition is gross abuse of process of law and, therefore, it is dismissed.

Issues:
Claim for writ of mandamus against Judicial and Accountant Members of Income Tax Appellate Tribunal, Allegations of harassment and prejudice, Delay in matters and unreasoned orders, Abuse of process of law.

Claim for Writ of Mandamus:
The petitioner sought a writ of mandamus to restrain the Judicial and Accountant Members of the Income Tax Appellate Tribunal from discharging their functions and to direct the President of the Tribunal to decide a representation in a time-bound manner. The petitioner, a Chartered Accountant, alleged facing harassment from the said Members due to not meeting their expectations and illegal demands. However, the court found the petition lacking in specific details regarding the alleged demands and concluded that the petitioner had no right to restrain the Tribunal from performing its statutory functions. The court deemed the petition an abuse of the legal process and dismissed it.

Allegations of Harassment and Prejudice:
The petitioner contended that the Members of the Tribunal were prejudiced against him, attributing it to a complaint made by the petitioner against one of the Members. The petitioner claimed that the Members were delaying matters, passing unreasoned orders, and ignoring him. Despite these allegations, the court observed a lack of substantial evidence or specific instances supporting the petitioner's claims. The court inferred that the petition seemed to be a means to settle personal scores rather than a genuine legal grievance.

Delay in Matters and Unreasoned Orders:
The petitioner raised concerns about delays in proceedings and the issuance of unreasoned orders by the Tribunal. It was highlighted that one of the Members had been transferred out of Amritsar based on a representation by the petitioner, only to be reposted after a year. The court noted these contentions but emphasized the absence of concrete details or evidence to substantiate the allegations. Without specific instances or evidence of wrongdoing, the court deemed the petitioner's claims unsubstantiated and lacking merit.

Abuse of Process of Law:
The court characterized the present writ petition as a gross abuse of the legal process. It concluded that the petition lacked material particulars and failed to establish a valid legal basis for seeking the writ of mandamus. By attempting to restrain an authority established under the law from performing its duties without sufficient justification, the petitioner's actions were deemed an abuse of the legal system. Consequently, the court dismissed the petition, emphasizing that the petitioner had no legal right to impede the Tribunal's functions through a writ of mandamus.

In summary, the judgment by the High Court of Punjab & Haryana addressed the petitioner's claims for a writ of mandamus against the Members of the Income Tax Appellate Tribunal. The court found the petition to be an abuse of the legal process, lacking specific details and evidence to support the allegations of harassment, prejudice, delays, and unreasoned orders. The court emphasized the importance of substantiating legal claims with concrete evidence and dismissed the petition for failing to establish a valid legal basis for restraining the Tribunal from performing its statutory functions.

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