Tax Ombudsman appointment challenged – Delhi H.C. issued notice

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Delhi High CourtINVC,

Delhi,

Delhi High Court on Monday( 8-4-2013) issued notice to Union of India, on a PIL challenging the appointment of Shri. H.K. Sharan as Indirect Tax Ombudsman, Mumbai.Shri. Prashant Bhushan, Advocate urged that Govt. has appointed Shri. Sharan inspite of Adverse Vigilance Report about his fraudulently obtaining the LL.B. degree from Calcutta university while serving at Delhi whereas in the appointment file a false note has been recorded that allegation of fraudulently obtaining LL.B. degree by Shri. H.K. Sharan was found to be incorrect and baseless. Mr. Bhushan arguing before the Bench of Justice Sanjay Kishan Kaul and Justice Indermeet Kaur also alleged that Shri. Sharan a resident of Delhi has been appointed as Tax Ombudsman at Mumbai in violation of Indirect Tax Ombudsman Guidelines, 2011 as under it a local person is generally to be appointed as Ombudsman. The PIL has been filed by R.K. Jain Whistle blower and Editor of Excise Law Times claiming that since Ombudsman has to hear taxpayers complaints against Revenue officials, he should be a person of eminence, impeccable integrity and upright behaviour but there had been number of vigilance inquiry against Shri. Sharan, including for wrongly allowing withdrawal of Rs. 56.44 Crores for Escrow A/c and the Selection Committee and the Appointment Committee has ignored these relevant materials inspite of his complaints. PIL also alleges that Government malafidely fixed 29-6-2011 as cut-off date for treating applicants as ‘serving officers’ so as to manipulate appointment of Shri. Sharan who was to retired on the next day i.e, 30-6-2011.

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