The State Government, on Friday, informed the Bombay High Court that the two technical members of Maharashtra Sales Tax Tribunal shall assume charges of their office after Diwali.
The Pune Tax Bar Association has filed a Public Interest Litigation before the High Court against the action of the Government delaying the appointment.
Last week, the Government informed the High Court that the appointment of the Judicial Members of the Maharashtra Sales Tax Tribunal is expected very soon. On Tuesday, a notification was issued by the Joint Secretary to the Government Maharashtra, Finance Department, notifying the appointment of 3 (three) judicial members for the Maharashtra Sales Tax Tribunal in terms of powers conferred by the Maharashtra Value Added Tax Act, 2002.
A bench of Chief Justice Dipankar Datta and Justice Madhav J. Jamdar observed that “Such appointment takes care of one of the grievances of the petitioner.”
The petitioner, however, submitted that 2 (two) technical members are yet to assume charge of their respective offices.
The department, responding to this, submitted that such officers are likely to assume charge after Diwali.
“In such view of the matter, we direct listing of this PIL petition on 14th November 2022 once again for reporting to this Court whether the said technical members have assumed charge of their respective offices or not,” the Court added.
Earlier, while entertaining a petition moved by the Sales Tax Tribunal Bar Association, a division bench of the Bombay High Court held that only legally qualified, judicially trained and experienced persons can be appointed Members of the sales tax Appellate Tribunals. A bench of Justices A.S.Oka And Riyaz I. Chagla further clarified that a Chartered Accountant or Commissioner cannot be appointed unless they have expertise in the subject.
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