Friday, November 16, 2018

Corruption And Harassment Allegations against R.P.Tolani ITAT Member  

CA. K.C.Moondra filed an complaint to Central Vigilance Commissioner (CVC) allegations against R.P.Tolani Member of Income Tax Appellate Tribunal with allegations of Corruption & Harassment. Copies of this complaint was also sent to the Comptroller And Auditor General Of India ( C & A.G) and the Law Minister Of India.

Moondra alleged that Income Tax Appellate Tribunal is full of corruption and harassment tactics like many other Govt. offices but here in ITAT, there is even high level official corruption in the name of Tours. Very heavy cost is recovered from the Government of India by members of ITAT  on such conspired official tours of the members of ITAT  for the sake of  administrative grounds with the support and shelter of superiors. This tour tactics is quite old but it is still going on and flourishing in ITAT, a judicial flat from.

For example,  very recently  Mr. R.P.Tolani a present judicial member of Ahmedabad bench of ITAT who is facing many complaints, conspired / managed  a  tour of  Jaipur  from 27th June, 2016 to 1st July, 2016 despite the fact that one JM of  Ahmedabad bench was already on Tour to Mumbai since 13.05.2016 and Ahmedadbad was lacking one JM. There were already two judicial members posted at Jaipur and therefore, for managing and justifying the Jaipur tour of Mr. R.P.Tolani  at the cost of Government, one present judicial member of Jaipur (Out of total two)  was sent on tour to Ahmedabad for justifying the tour of Mr. Tolani.

By these conspired two tours, government has to bear cost of  two unnecessary  tours just to accommodate Mr. R.P. Tolani’s personal visit of Jaipur. It is important that tour of Mr. R.P.Tolani was managed well in advance on 09.06.2016 when there was no vacancy in Jaipur. After order of his tour for Jaipur, Judicial members increased to 3 in Jaipur for two courts for the period between 27th June, 2016 to 1st July, 2016 and therefore, to recover and repair this abnormality / mistake, an order for Ahmedabad tour program of Judicial Member Shri Kulbharat  of Jaipur was passed on 15.06.2016.

 Cost of these conspired tours is one aspect of corruption but hidden agenda behind such tours involved very prejudiceness, biasedness, favourtism or  satisfaction of personal whims to harass and damage an appellant and his A/Rs.  The hidden agenda of R.P.Tolani behind his conspired tour was to  delay / prolong / avoid the  hearing of a Miscellaneous application in M.A. No. 36/JP/15 just to deprive the applicant and his A/R from justice. This M.A. was  filed against the order of Mr. Tolani and T.R. Meena co-member of ITAT and hearing of this M.A. was scheduled for 01.07.2016.

The personal agenda of Mr. Tolani was fulfilled at the cost of government by adjourning the hearing of above said MA. Apart from this, Mr. Tolani has other personal works / celebrations at Jaipur and therefore, he enjoyed the tour of Jaipur at the corruption cost of Govt. Of India and this fact can be verified by the disposal out-put of appeals during that complete week of Tolani’s tour.

Before this hearing of M.A., Mr. Tolani tried his all possible harassing tactics for not admitting the M.A. for hearing by sending many defect memos and for this purpose, he took over / assumed the jurisdiction of Assistant Registrar of ITAT in his hands and he unlawfully involved in the scrutiny process of M.A. beyond his jurisdiction. This M.A. was received by ITAT on 09.07.2015 and after pointing out the defect by Asstt. Registrar, Applicant removed the defect vide application dated 22.07.2015 and no defect remained pending as per order-sheet dated 23.07.2015. But from this stage, MR. Tolani entered in to jurisdiction of the Asstt. Registrar and entire proceeding was kept out of order-sheet of file by cutting / removing order-sheet entry dated 23.07.2015 and tried his best to make this MA defective forever.

 Ultimately, on 25.02.2016, he could not raise more defects and then he directed to fix the hearing after a long period i.e. for 06.05.2016. Thus, for 7 months he hanged this MA as defective and thereafter, he hanged it for further about 70 days for hearing on 06.05.2016 just to harass and to show his dadagiri at this judicial platform.  By these tactics, Mr. Tolani succeeded in depriving the applicant from the hearing of MA by about one year. For doing all these, Mr. Tolani also cut and cancelled the order-sheet entry made by the Asstt. Registrar on 23.07.2015. And thus, this is a live example of forgery, fabrication and harassment.

At the end complainant CA. K.C.Moondra requested in his complaint against corruption and harassment of Mr. Tolani that It is his concern that how the country can expect justice from such a corrupt member of ITAT. In support of his complaint he also took support from a report published at this NEWS CLUB .

Without Signature


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