With the presidential assent given to the Finance Bill 2017, the amendments to some other Acts including the “Merger of Cyber Appellate Tribunal with TDSAT” is deemed to have been enacted.

Now it is necessary for the Government to pass necessary rules and also operationalize the amendments to individual section of the Information Technology Act 2000/8.

We need to watch out how this process would be rolled out.

One option would be to retain the current provisions of Cyber Appellate Tribunal as it exists in Chapter X of ITA 2000/8 and only replace the earlier notified rules with new rules stating that TDSAT will henceforth administer also as the Cyber Appellate Tribunal. The Chair person of TDSAT may himself be also appointed as the Chair person of CyAT (New) and the entire proceedings of CyAT(Present) can be handled by TDSAT as CyAT (New).

It is also possible that TDSAT may designate a separate bench for CyAT operations and one of the current members of the TDSAT may be also appointed as the CyAT chair person.

Let us observe how the operational matters would be addressed.

Naavi

Reference:

Finance Act 2017

Pages 59-60 of Finance Act 2017