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january 2004

Supreme Court of India · 2004-01-05

Ajay Gandhi And Anr vs B. Singh And Ors

Citation / case number
AIR 2004 SUPREME COURT 1391
Court
Supreme Court of India
Petitioner
Ajay Gandhi And Anr
Respondent
B. Singh And Ors
Author
V.N.Khare
Bench
Chief Justice, S.B. Sinha

Judgment text excerpt

The Supreme Court addressed the validity of the order directing the President of the Income Tax Appellate Tribunal (ITAT) to seek prior approval from the Ministry for postings and transfers of its members. The Court held that such delegation of powers undermines the autonomy of the ITAT as established under Section 252 and Section 255 of the Income Tax Act, 1961. Consequently, the Court declared the impugned order as without jurisdiction, reaffirming the ITAT's authority to regulate its own procedures and member transfers.

Ajay Gandhi And Anr vs B. Singh And Ors · Niyam