Allegations against Tolani ITAT Member and  Addl. CIT Verma  

K.C.Moondra filed an complaint to Central Vigilance Commissioner (CVC) against Mr. R.A.Verma, Additional Commissioner Of Income-tax, D/R, ITAT, Jaipur and Mr. R.P.Tolani, Member of Income Tax Appellate Tribunal (ITAT) at Ahmedabad with allegations of Harassment and wastage of time and money. Copies of this complaint was also sent to the Secretary, Ministry Of Law & Justice, Chairman , Central Board Of Direct Taxes, New Delhi and Principal Chief Commissioner of Income-tax.

 Moondra alleged that Even after about 15 months of the application (Rectification Application / MA), Mr. Tolani is trying his best that the Misc. Application No. 36/JP/15 should not be heard and concluded by ITAT Jaipur Bench and therefore, he is also trying by making a conspiracy with Mr. Verma, Addl. CIT, D/R, ITAT Jaipur. As heard, this 15 months old M.A. (Rectification Application) is an oldest pending application in the history of ITAT.

As per the conspiracy, Mr. R.P. Tolani managed / conspired his one week tour from Ahmedabad to Jaipur for the hearing of the  MA on 01.07.2016  and hearing on 01.07.2016 was adjourned by Mr. Tolani forcefully just in the name of D/R whereas no adjournment application was filed by the D/R but D/R Verma supported silently use of  his name for adjournment which proves that Mr. Verma also joined the conspiracy with Mr. Tolani.

In the latest last hearing on 07.10.2016 at the last moment, Mr. R.A.Verma orally requested for adjournment as he could not prepare the case as he did not receive file of the case from his colleague or assistant and he succeeded in getting the adjournment as part of conspiracy with Mr. Tolani. It is clear from the following chart that in all the last 3 hearings, Mr. Verma was continuously D/R and he never sought for adjournment. In such circumstances what preparation remained in 4^th hearing and that too in M.A. where it is application  against the mistakes incurred by the members of ITAT. There is almost no scope for D/R to argue but by  taking the benefit of system, he  also tried his best to avoid and prolong the hearing just to harass the appellant and his CA (A/R) as part of conspiracy.

On Date	Particulars	Adjournment on request of	Reason  Claimed for Adjournment
07.07.2015	Misc. Application Sent  by Post	–	–
01.07.2016	Scheduled Hearing	Suo-moto by R.P.Tolani (ITAT Member) in the name of request of D/R ( Mr. Verma)	No application and no objection by Mr. Verma (D/R). Mr. Verma silently supported the adjournment.
12.08.2016	Scheduled Hearing	Suo-moto (But ITD was represented by Mr. Verma)	Due to lack of time.
09.09.2016	Scheduled Hearing	Suo-moto (But ITD was represented by Mr. Verma)	JM, ITAT disassociated himself from hearing  due to complaint against adjournment on 01.07.16.
07.10.2016	Scheduled Hearing	Mr. Verma (Oral Request in very undisciplined manner )	Mr. Verma could not prepare the case as he did not receive file of the case from his colleague or assistant.

 

In that complaint, Mr. Moondra  also requested to initiate an enquiry  to know –

• Why Mr. Verma could not prepare the case on 07.10.2016 and
• From where the file had to travel in the hands of Mr. Verma  for  10.2016.
• Is it not the case of time-passing / wastage of time of country / government at cost of heavy salaries from government like in many other cases.
• Why Mr. Verma supported Mr. Tolani for adjournment on 01.07.2016 by wasting the time of all sides.

 

And Mr. Moondra also demanded

• to punish Mr. Verma as well as Mr. Tolani for above discussed conspiracy for harassment of appellant-applicant and it’s Authorised Representatives and wasting the time and cost of all the sides,
• to issue necessary directions to D/R to represent the department in disciplined manner on next date 16.12.2016 without wasting further more time and
• to detach Verma  from the conspiracy of Mr. Tolani.