CABINET
CLEARS NATIONAL TAX TRIBUNAL
Finance minister P Chidambaram has moved a step closer to achieving
the goal of speedy recovery of tax arrears to bolster revenue
collections and achieve commitments enshrined in the Fiscal
Responsibility and Budget Management Act.
The UPA government
today cleared the setting up of a National Tax Tribunal (NTT)
with 25 benches by approving a legislation for this purpose.
Chidambaram said the tribunal was being set up for speedy
disposal of tax cases, running into thousands in High Courts.
At present, about
28,000 cases are pending in various high courts, which have
a disposal rate of 6,000 cases per year. A fresh Bill would
be introduced in Parliament to set up NTT, which would replace
jurisdiction of High Courts in tax matters.
It would have a
chairman and two judicial members each in the 25 benches,
equivalent to the number of High Courts in the country. The
NDA government had brought in a Bill, which lapsed with the
dissolution of the previous Lok Sabha.
Total tax arrears
on April 1, 2004, were estimated to be around Rs 1,03,000
crore, with direct tax arrears accounting for Rs 87,800 crore.
Indirect tax arrears were Rs 15,200 crore. The finance ministry
is targeting recovery of tax arrears of around Rs 15,000 crore
in the current fiscal.
The chairperson
would be a retired judge of the Supreme Court or a retired
Chief Justice of high court and will hold office for five
years or till 68 years, while the retirement age for other
members would be 65 years.
The chairperson
and members would be selected by a selection committee consisting
of Chief Justice of India or his nominee, Law Secretary and
Revenue Secretary.
The whole exercise
of setting up a NTT and 25 benches is expected to cost about
Rs 8 crore. An appeal issued from an order passed by Income
Tax Appellate Tribunal and Central Excise and Sales Tax Appellate
Tribunal would come to the National Tax Tribunal only on substantial
question of law.
The proposed law
seeks constitution of special bench consisting of five members
to resolve conflicting decision of question of law between
different benches of the tribunal which will have the powers
of contempt.