F. No. A-1 2023(1 _)/2/201 8-Admn.lll(LA) GOVERNMENT OF INDIA

MINISTRY OF LAW AND JUSTICE DEPARTMENT OF LEGAL AFFAIRS

CIRCULAR

Subject: Applications for appointment to the posts of Member (Judicial/ Accountant), Income Tax Appellate Tribunal.

ln exercrse of the powers conferred by section 252 oi the lncome-Tax Act, 1961, the Central Government has constituted the lncome Tax Appellate Tribunal to hear appeals against the orders passed by various authorities stated in section 253 of the Act.

2. Applications are invited for the following posts of Judicial Members and Accountant Members in the lncome Tax Appellate Tribunal, constituted under the lncome{ax Act, ^'196'l :-

Judicial Member:-

Reserved Reserved for Reserved for [J n rese rved Total for SC ST oBc No. of Posts 01 03 08 09 21.

Accountant Member:-

Reserved		Reserved for	Reserved for	Unreserved	Total
for SC		ST	oBc
No. of Posts	03	02	01	10	16

*

One post each of Accountant Member and Judicial Member is reserved for persons with disabilities. Persons with the following disabilities will be considered for appointment, subject to production of medical certificate and medical examination by the appropriate Medical Board:

(i): One Arm
(ii): One Leg

(iii) Both Legs

(iv) Low Vision

The number of vacancies indicated above is only approximate and is liable to increase or decrease due to unexpected circumstances that may occur.

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The posts belong to General Central Services Group'A' (Gazetted) and are in Level 16 (Rs. 205400 _-2244001-) in the Pay Matrix (Vll CPC). The posts are temporary at present, but are likely to continue.

Contd...

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4. Candidates already in service and entitled to pension will continue to enjoy the same benefits.

^#5. OUALIFICATIONS:

(a): JUDICIAL MEMBER:- A person shall not be qualified for appointment as a Judicial Member unless:-(i) he has for at least ten years held a judicial office in the territory of lndia; or
(ii): he has been a Member of the lndian Legal Service and has held a post in Grade-ll of the Service or any equivalent or higher post for at least three years; or (iii) he has been an advocate for at least ten years.

Explanation for the purpose of (a) above:

(i): ln computing the period during which a person has held judicial office in the territory of lndia, there shall be included any period, after he has held any.judicial office, during which the person has been an advocate or has held the office of a member of a Tribunal or any post, under the Union or a State, requiring special knowledge of law;
(ii): ln computing the period during which a person has been an advocate, there shall be included any period during which the person has held judicial office or the office of a member of a tribunal or any post, under the Union or a State, requiring special knowledge of law after he became an advocate.

(b): ACCOUNTANT MEMBER: A person shall not be qualified for appointment as an Accountant Member unless; (i) he has for at least ten years been in the practice of accountancy
(a): as a chartered accountant underthe Chartered Accountants Act, 1949 (38 of 1949); or (b) as a registered accountant under any law formerly in force; or partly as such registered accountant and partly as chartered accountant; or (ii) he has been a member of the lndian Revenue Service (lncome-tax Service Group 'A') and has held the post of Additional Commissioner of lncome{ax or any equivalent or higher post for at least three years.

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AGE: As on 20.08.20'18 should be between 35 and 50 years. Upper age limit is relaxable upto 5 years for Government servants, persons belonging to the Scheduled Castes/Scheduled Tribes, or to any special category specified by the Central Government to such extent as may be specified by the Central Government regarding recruitment of such persons to Government service.

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As per the directions of the Hon'ble Supreme Court in Order dated 20.03.2018 in W.P. (Civil) No. 27912017:

"(iii) The tenure of the Chairperson and the Judicial/Administrative/Expert/Technical Members of all the Tribunals shall be for a period of five years or the maximum age that was fixed/determined under the old Acts and Rules."

The appointment of Members of the ITAT will be for a period of five years or till the maximum age that was a fixed under the old AcURules.

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o8.

PROBATION PERIOD: Two years -liable to be reduced or extended at the discretion of the Central Government. Service is liable to termination without any reason being assigned during probation.

9. DUTIES: As prescribed in lhe lncome Tax Act, 1961 and the rules made thereunder.

Selected candidates will have to serve anywhere in lndia. Candidates who are desirous of initial posting in a particular place or area need not apply. Selected candidates will have to join duty as and when required by the Government.

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would be subject to any clarification or order passed by the Supreme Court in this case including W.P. (Civil) No.27912017 or decision of the Government at later stage. Further, the other conditions will be governed by the orders passed by the Supreme Court on 09.02.2018 and 22.02.2018 in the above case.)

The above cutoff date will be treated as the date of reckoning for OBC status of the candidate and also, for assuming that the candidate does not fall in the creamy layer.
Candidate should note that the date of birth as recorded in the Matriculation/ Secondary Examination Certificate or an equivalent certificate submitted with the application form shall be accepted for determining the age eligibility and no subsequent request for its change will be considered or granted.
HOWTOAPPLY

(i): Eligible candidates have to apply for the above posts strictly in the prescribed format. The format of the application can be downloaded from the website www.leoalaffairs.qov.in under the link'Vacancy Circular'.
(ii): Appllcations which are illegible, not conforming to the prescribed application format and the instructions given in the Advertisement will be summarily rejected.

(iii) Applicants should affix one self-attested recent passport size photograph on the application form. ln addition, please attach one more identical photograph with. the application form.

(iv): Candidates in Government service should submit their application(s) through proper channel only.
(v): Application in the following format, duly completed and signed by the candidates, (in the case of Government servants through proper channel with up-to-date CR dossiers, cadre clearance and vigilance clearance) should reach Shri Suneel Sachdeva, Under Secretary to the Govt. of lndia, Ministry of Law and Justice, Department of Legal Affairs, Dr. Rajendra Prasad Road, Shastri Bhawan, New Delhi-110 001 by 20.08.2018 at the latest.
(vi): lncomplete applications and applications received after the last date will not be entertained.

o (Suneel achdeva) Under Secretary to the Govern ent of lndia

Dated: the 6th July, 2018

APPLICATION FOR THE POST OF JUDICIAL MEMBER/ACCOUNTANT MEMBER IN THE INCOME TAX APPELLATE TRIBUNAL.

Paste self attested copy of recent photograph

Post applied for Judicial Member

E

Accountant Member tr

(Tick ( ^y') whichever is applicable)

Name in full (Write in Capital Letters exactly as in Matriculation Certificate. Leave one box blank between evry two parts ofthe name) :

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2. (i) Father's/ Husband's name :

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(ii) Mother's Name:

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3. (i) Date of Birth : d d m Itl v v v v

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(ii): Date of Birth (in words):
(i): Gender (Write F for Female /M for Male )

( ii) Nationality:

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5. Age as on 20.08.2018 : v v ⁿ¹ ^d

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6. (a) Complete Postal Address for Communication

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STATE

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(b) Permanent Address :

STATE PIN

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(c) (i) Email ID (if any).

(ii) Contact No (a) Office

(b): Residence
(c): Mobile

^{,⁷ Category: (Write SC for Scheduled Caste/ ST for Scheduled Tribe/ OBC for Other Backward Classes and}

UR for General Category:

Note: Attach self attested Copy of certificate in the prescribed format (see Annexure I & II) including certificate regarding creamy layer in case of OBCs. Only those OBC certificates, which are in the format as prescribed for applying for appointment to the posts under the Govemment of India will be acceptable.

8. (i) Whether seeking age relaxation (Write YesNo)

(ii) lfyes, indicate category: (Write SC for Scheduled Caste/ ST for Scheduled Tribe/

OBC for Other Backward Classes and SERVICE for those candidates who are in Gort. Service)

9. (i) Whether person with disabilities ( Write YesNo):

(ii) If yes, attach self attested copy of disability certificate by the appropriate Medical Board indicating clearly the disability in the prescribed proforma (see AnnexureJll).

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10. Present Occupation : (WTitE PROFESSION/ GOVT, SERVICE)

ll. Gross annual income/emoluments (This column is to be filled up Only by candidates who are Not in Govt. Service). Please attach self attested copy of ITR.

Assessment	Gross Total
Year	lncome
2018-19
2017-18
20t6-t7

Whether self attested copy of ITR filled enclosed

12. ^(a) Educational Qualifications ^(Starting ^from Graduation ^{^and ^above) ^(only ^self attested copies of degrees/diplomas to be enclosed).}

S.No. Degree/Diploma University/Board Div./Grade Year ofpassing

(b) Professional/Special qualifi cations :

(D Enrolment/Registration No. as an Advocate/Chartered Accountant:

(ii) Date of Enrolment/Registration as an

d dmm

vvvv Advocate/Chartered Accountant:

m

(iii) Details of Professional Experience: S.No. Period ofpractice Remarks

From To

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t3. How do you quali! for the post applied for: (As on 20.08.2018):

l4 Details of present and previous employment such as name of employer, post(s) held specifically from the first post held to the present post, joining and leaving dates, nature of employment, pay excluding allowances drawn, etc., separately for each post held. Candidates belonging to Higher Judicial Service should indicate the date of promotior/appointment in the Higher Judicial Service. Candidates from the Indian Revenue Service should indicate the dates of promotion as Additional Commissioner and Commissioner of Income Tax (Attach separate sheet, if necessary) :

S.No. Name of Deptt./ Designation Pay Scale Regular/ Organization/ alongwith Duration with Grade Conlract PSU etc. name of Pay

From ToService

T@

t declare that all the information submitted in this application form is corect and complete.

Signature Name

Place Date

-5- Check list for enclosures (self attested) (please put (y' tick markin the box)

Sl. No. (l) (2) (3) (3) (4) (s) (6) (7) ( 8)	Particulars Age proof (X/XII certificate) Caste certificate in the prescribed form (for candidates from SC/ST/OBC category) Declaration to be submitted by the OBC Candidates Certificates in respect of Enrolment as an Advocate Certificates in respect ofRegistration as a Chartered Accountant/Certificate of Practice as CA Certificate(s) in respect of Educational Qualifications Medical Certificate in the prescribed form (for persons with disabilities) One Recent Passport Size Photographs Self attested copy of lncome Tax Return for the Assessment Year 2018-19, 2017-18 and 2016-11.	Yes	No
			S ignature
Place:	Name
Date :

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PRESCRIBED PROFORMAE

Performa-l

The form of certificate to be produced by' Scheduled Castes and Scheduled Tribes candidates applying for appointment to posts under the Government of lndia

This is to certify that Shri/Shrimati/Kumari+............ son/daughter* of of village/town+in District/Division+ ..................... of the State/tJnion Tcrritorv+ ......... belongs to the caste/tribe* which is recognised as a Scheduled Caste/Scheduled Tribc* under:

_@ The Constitution (Scheduled Castes) Order, 1950 (@ The Constitution (Scheduled Tribes) Order, 1950 _@ The Constitution (Scheduled Castes) Union Territories Order, l95l @ The Constitution (Scheduled Tribes) Union Territories Order, 1951

_Ias amended by the Scheduled Castcs and Scheduled Tribes List (Modification) Order, 1956; the Bombay Reorganisation Act, 1960, the Punjab Reorganisation Act, 1966, the State of Himachal Pradesh Act, 1970, the North Eastern Areas (Reorganisation) Act, 1971, the Scheduled Castes and Scheduled Tribes Order (Amcndment) Act, 1976., thc State of Mizoram Act, 1986, the State ofArunachal Pradesh Act, 1986 and the Goa, Daman and Diu (Reorganisation) Act, I 987.1

_@ The Constitution (Jarnnu and Kashmir) Scheduled Castes Order, 1956 @ The Constitution (Andaman and Nicobar Islands) Scheduled Tribes Order, 1959 as amended by the Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1976 _@ The Constitution (Dadar and Nagar Haveli) Scheduled Castes Order, 1962 @ The Constitution (Dadar and Nagar Haveli) Scheduled Tribes Order, 1962 _@ The Constitution (Pondicherry) Scheduled Castes Order, 1964 _@ The Constitution (Uttar Pradesh) Scheduled Tribes Order,1967 _@ The Constitution (Goa, Daman and Diu) Scheduled Castes Order, 1968 @ The Constitution (Goa, Daman and Diu) Scheduled Tribes Order, 1968 _@ The Constitution (Nagaland) Scheduled Tribes Order, 1970 _@ The Constitution (Siklim) Scheduled Castes Order, 1978 _@ The Constitution (SiklScheduled Tribcs Order, 1978 _@ The Constitution (Jammu & Kashmir) Scheduled Tribes Order, 1989 @ The Constitution (SC) Order (Amendment) Act, 1990 _@ The Constitution (ST) Order (Amendment) Act, l99l _@ The Constitution (ST) Order (Second Amendment) Act, l99l _@ The Scheduled Castes and Scheduled Tribes Orders (Amendment) Act 2002 _@ The Constitution (Scheduled Castes) Order (Amendment) Act, 2002 _@ The Constitution (Scheduled Castes and Scheduled Tribes) Orders (Amendmenr) Act, 2002 _@ The Constitution (Scheduled Castes) Orders (Second Amendment) Act, 2002

%2. Applicable in the case of Scheduled Castes/Scheduled Tribes persons who have migrated from one Staterunion Territory Administration to another.

This certificate is issued on the basis of the Scheduled Castes/Scheduled Tribes certificate issued to Shri/Shrimati*...... Father/Mother of Shri/Shrimati/Kumari of village/town*

............ in District/Division*. of the State/Union Territory+............. who bclongs to the castc/tribe* which is rccognised as a Scheduled Caste/Scheduled Tribe in the State/Union Territory* of ..................................... issued by the ....... dated

% 3. Shri/Shrimati/Kumari+...... and/or* his/her* family ordinarily resides in village/town; District/Division+ ollhe Stale Union Territory* of.....

Signature........ x xDcsignation....

(With Seal of Olficc) State/Union Tenitoryx

Place: Date:

^*Please delete the words which are not applicable. _@Please quote specific Presidential Order. 7o Delete the paragraph which is not applicable.

NOTE: The term "ordinarily reside (s)" used here will have the same meaning as in Section 20 ofthe Representation ofthe People Act, 1950.

^**List ofauthorities empowcred to issue Scheduled Caste/Scheduled Tribe Certificate

(r): District Magistrate/Additional District Magistrate/Collector/Deputy Commissioner/Additional Deputy Commissioner/Deputy Collector/lst Class Stipendiary Magistrate/t Sub-Divisional Magistrate/Taluka Magistrate/Executive Magistrate/Extra Assistant Commissioner. f(not below ofthe rank of lst Class Stipendiary Magistrate).
(ii): Chief Presidency Magistratc/Additional Chief Presidency Magistrate/Presidency Magistrate.

(iii) Revenue Officers not below the rank ofTehsildar.

(iv): Sub Divisional Olficer of the area where the candidate and/or his/her family normally resides.
(v): Administrator/Secretary to Administrator/Development Officer(Lakshadweep)

Annexure I

FORM OF CERTIFICATE TO BE PRODUCE,D BY OTHER BACKWARD CLASSES APPLYINC FOR APPOINTMENT TO POSTS UNDER THE GOVERNMENT OF INDIA

This is to ccrtify that Shri/Smt./Kumari son/daughter of ol village/town in District/Division in the Staterunion Tenitory

bclongs to the communltv which is recognised as a backward class under the Government of India, Ministry of Social Justice and Empowerment's Resolution No. datcd ^*. Shri/Smt./Kumari and /or his/her family ordinarily reside(s) in the District/Division of the State/Union Territory. This is also to ccfiiry that he/she does not belong to the persons/sections (Creamy Layer) mentioned in Column 3 of the Schedule to the Govemment oflndia, Department ofPersonnel & Training O.M. No. 3 6012/22l93 -Estt. (SCT)

dated 8.9.1993**.

District Magistrate Depufy Commissioner etc.

Datcd

Seal

^*-The authority issuing the certificate may have to mention the details of Resolution of

Government oflndia. in which the caste ofthe candidate is mentioned as OBC.

^**-As amended from time to time.

Note:-The term "Ordinarily" used here will have the same mcaning as in Section 20 of the Representation of the People Act, 1950.

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Form-II Disability Certificate (In cases of amputation or complete permanent paralysis of limbs and in cases ofblindness) (See rule 4)

(NAME AND ADDRESS OF THE MEDICAL AUTHORITY ISSUING THE CERTIFICATE)

Recent PP size Attested Photograph (Showing face only) ofthe person with disability

Certificate No Date:

This is to certiry that I have carefully examined Shfi/SmliKum................................ son/wife/ daughter of Shri.............. Date ofBirth .

(DD/ MrU/ YY) Age .............. years, male/female ............................... Registration No. permanent resident ofHouse No Ward/Village/Street Post Office ........................... District

.... State .............. whose photograph is affixed above, and am satisfied that

(A) he/she is a case of:

:

locomotor disability = blindness (Please tick as applicable)

(B): the diagnosis in his,/her case is.........................
(A): He/ She has ..% (in figure) percent (in words) permanent physical impairment/blindness in relation to his/her ................. (part of body) as per guidelines (to be specified).

The applicant has submitted the following document as proof of residence;

Nature of Document Date of Issue Details of authority issuing certificate

Si and Seal of Authorised Signatory of notified Medical Authority) Signature/Thumb impression of the person in whose favour disability certificate is issued.

FormJII Disability Certificate (ln case of multiple disabilities) (NAME AND ADDRESS OF THE MED]CAL AUTHORITY ISSUING THE CERTIFICATE)

(See rule 4) Recent PP size Attested Photograph (Showing face only) of the person with disability

Certificate No. ....... Date: ......................

This is to certify that we have carefully examined Shri/ Smt/Kum /son/wife/daughter of Shri Date of Birth., Age years, male/female

(DD) (MM) (YY) Registration No.. permanent resident of House No........ Ward/Vil lage/Street.,..,.................. Post Office District..............................State whose photograph is affixed above, and are satisfied that: (A)Heishe is a Case of Multiple Disability. His,4rer extent of permanent physical impairment/disability has been evaluated as per guidelines (to be specified) for the disabilities ticked below, and shown against the relevant disability in the table below:

S.No	Disability	Affected Part	Diagnosis	I	Permanent physical
		ofBody			impairment/ mental
					disability (in %)
I	Locomotor	@
	disability
2	Low vision	#

3 Blindness Both Eyes

4 Hearing f impairment 5 Mental x retardation 6 Mental-illncss x

(B) In the light ofthe above, his /her over all permanent physical impairment as per

guidelines (to be specified), is as follows:-In fi gures : -..............................percent In words:-...percent

This condition is progressive/ non-progressive/ likely to improve/ not likely to improve.
Reassessment ofdisability is :

(i) not necessary,

Or (i, is recommended/ after years months, and therefore this certificate shall be valid till

(DD) (MM) (YY) _@ e.g. Left,{Right/both arms/legs# Single eye/both eyesf, e.g. Left,/Right/both ears

4. The has submitted the document as of residence:-

Nature of Document Date of Issue Details of authority issuing certificate

and seal of the Medical A

Name and seal of Member Name and seal of Member Name and seal of the Chairperson

S ignature/Thumb

impression of the

person in whose

favour disability

certificate is

issued.

Form-IV Disability Certificate (In cases other than those mentioned in Forms II and III) (NAME AND ADDRESS OF THE MEDICAL AUTHOzuTY ISSUING THE CERTIFICATE) (See rule 4)

I Recent PP size

I

I Attested Photograph (Showing face ^I_I _I only; ofthe person _I

I with disabiliw

I

tl

Certificate No Date:

This is to certiry that I have carefully examined Shri/Smt./Kum son/wife/daughter of Shri Date of Birth....... (DD)

(MM) (YY)

Age ............. years, male/female Registration No. ......... p"..ur"ni r".ia"ri ff"rr. No................. Ward/Village/Street

"f

............. Post Offi ce ......... District............... State whose photograph is affixed above, and am satisfied that he/she is a case of

disability. His,4rer extent of percentage physical impairment/disability has been evaluated as per guidelines (to be specified) and is shown against the relevant disability in the table below:

S.No.	Disability	Affected Part	Diagnosis	Pennanent physical
		of Body		impairment/ mental
I				disability (in %)
1	Locomotor	@
	disability
2	Low vrsion	#
3	Blindness	Both Eyes
4	Hearing	t
	impairment
5	Mental	x
	retardation
6	Mental-illness	x

(Please strike out the disabilities which are not applicable.)

The above condition is progressive/ non-progressive/ likely to improve/not likely to improve.
Reassessment ofdisability is :

(D not necessary Or

(ii) is recommended/ after . years months, and therefore thrs certificate shall be valid rill .....

(DD) (MM) (YY)

e. g. Left/Righr/both arms/legs

@ # e.g. Single eye,&oth eyes

f. e.g. Left/Right/both ears

4. The a licant has submitted the foll document as of of residence:-

Nature of Document Date of Issue Details of authority issuing certificate

(Authorised Signatory of notified Medical Authority) (Name and Seal)

Countersigned

(Countersignature and seal of the

CMO,Medical Superintendent/Head

of Govemment Hospital, in case the

certificate is issued by a medical

authority who is not a government

servant (with seal))

Signature/Thumb impression ofthe person in whose favour disability certificate is issued.

Note: In case this certificate is issued by a medical authority who is not a govemment

servant, it shall be valid only ifcountersigned by the Chief Medical Officer of the Distnct

Note: The principal rules were published in the Gazette oflndia vide notification number

S.O. 908 (E), dated the 3lst December, 1996.

Important Dates

	Start Date	End Date
Notification Issued
Applications		20-Aug-2018
Admit Cards
Examinations (Preliminary)
Exam Results (Preliminary)
Examinations (Mains)
Answer Keys
Exam Results (Mains)
Interviews
Final Results

Notification Issued By

Organization : Department of Legal Affairs
Organization City, State : , central government
Organization Website : http://legalaffairs.gov.in

Recruitment for the Post of Member (Judicial/ Accountant) in Income Tax Appellate Tribunal

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I with disabiliw

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Important Dates

Notification Issued By

Notifications _by

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