In a Landmark judgement having far reaching implication The Supreme Court has struck down the National Tax Tribunal Act, holding it unconstitutional. This decision will put a halt on Government plan to set up National Tax tribunal to look after the Tax related matter presently being looked after by High courts . This will also impact the constitution of NCLT under the new Companies Act , which is not yet operational
A Constitutional Bench of the apex court, headed by Chief Justice R.M. Lodha, said that Parliament could not take away the powers of the judiciary and rest them in a tribunal which is not a court in its characteristic.
As per court such tribunal are unconstitutional and in breach of separation of powers between different organs of the state, said that the substantial question of law can only be decided by the higher judiciary — the Supreme Court and the high courts.
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