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TMI Blog2021 (3) TMI 571X X X X Extracts X X X X X X X X Extracts X X X X ..... ontentions of the parties in MA 111/2021. The applicant is directed to continue as Member(Judicial), ITAT till 18.03.2023. - Miscellaneous Application No. 111/2021 in W.P.(C) No. 804/2020 - - - Dated:- 9-3-2021 - HON'BLE MR. JUSTICE L. NAGESWARA RAO, HON'BLE MR. JUSTICE HEMANT GUPTA AND HON'BLE MR. JUSTICE S. RAVINDRA BHAT For the parties: Mr. K K Venugopal, AG, Mr. Balbir Singh Ld ASG, Mr. R Balasubramanium Sr Adv, Ms. Shradha Deshmukh Adv, Ms. Chinmayee Chandra Adv, Mr. Shyam Gopal, Adv, Mr. Zoheb Hussain, Adv, Mr. Ankur Talwar, Adv., Mr. Arvind Kumar Sharma, AOR, Mrs. Anil Katiyar, AOR, Mr. Arvind P. Datar, Sr. Adv., Mr. Rahul Unnikrishnan, Adv, Mr. T.V.S. Raghavendra Sreyas, AOR, Mr. Siddharth Vasudev, Adv, Ms ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not be appointed as certain records were misplaced. The other persons who were selected pursuant to advertisement issued in 2013 were appointed prior to 2017 before the rules made under the Finance Act, 2017 came into force. The applicant filed OA 350/16 before the Central Administrative Tribunal seeking a direction to expedite the process of her selection. The said OA was dismissed by CAT aggrieved by which the Applicant filed a writ petition in the High Court at Calcutta. The High Court allowed the writ petition. It directed that the applicant should be considered for appointment as Member (Judicial), ITAT. By an order dated 24.10.2017, the applicant was offered appointment in compliance with the directions issued by the High Court. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icant is entitled to continue for a period of 5 years and seek re-appointment thereafter in accordance with Section 184 of the Finance Act, 2017. As this application is taken up today in view of the retirement of the applicant on 18.03.2021 in accordance with the appointment order, it would be sufficient at this stage to direct the continuance of the applicant till 17.03.2023. This order is without prejudice to the contentions of the parties in MA 111/2021. Consequently, we direct the applicant to continue as Member(Judicial), ITAT till 18.03.2023. List M.A.No.111 of 2021 along with Dy.No.5510 of 2021 and Dy.No.5526 of 2021 on 03.05.2021 at 2.00. p.m. Pleadings may be completed in the meanwhile. - - TaxTMI - TMITax - In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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