Advocates with 10 years experience to be appointed as Judicial Members of various Tribunals: Govt. amends Service Rules [Read Notification]

Advocates - Judicial Members - Service Rules - TaxscanAdvocates - Judicial Members - Service Rules - Taxscan

The Government notified advocates with 10 years experience to be appointed as Judicial Members of various Tribunals.

The government notified the Tribunal, Appellate Tribunal, and other Authorities (Qualifications, Experience and other Conditions of Service of Members) (Amendment) Rules, 2021 which seeks to amend the Tribunal, Appellate Tribunal, and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020.

It has been notified that in respect of Income-tax Appellate Tribunal under the Income-tax Act, 1961, a person shall not be qualified for appointment as President unless he is a sitting or retired Judge of a High Court and who has completed not less than seven years of service as a Judge in a High Court or a Vice-President of the Income-tax Appellate Tribunal.

The Central Government may appoint one or more members of the Income-tax Appellate Tribunal to be the Vice-President or, as the case may be, Vice-Presidents thereof.

The notification reads, a person shall not be qualified for appointment as a Judicial Member, unless, he has, for a combined period of ten years, been a District Judge and Additional District Judge; or he has been a member of the Indian Legal Service with ten years of experience in litigation and has held a post of Additional Secretary or any equivalent or higher post for two years; or he has been an advocate for ten years with substantial experience in litigation under Income-tax laws in Income-tax Appellate Tribunal, High Court or Supreme Court.

Accountant Member, unless, a person shall not be qualified for appointment as an Accountant Member, unless he has for twenty-five years been in the practice of accountancy, as a chartered accountant under the Chartered Accountants Act, 1949 (38 of 1949); or as a registered accountant under any law formerly in force; or partly as such registered accountant and partly as a chartered accountant; or he has been a member of the Indian Revenue Service (Income-tax Service Group A) and has held the post of Principal Commissioner of Income-tax or any equivalent or higher post for two years and has performed judicial, quasi-judicial or adjudicating function for three years.

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