2010 (11) TMI 745

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..... has obtained the information from the Income Tax Appellate Tribunal under the Right to Information Act. Copy of the communication dated 05.03.2009 conveying the information is handed to us.   We had also called for the original file containing the application of the respondent/assessee under the RTI Act and the Income Tax Appellate Tribunal has forwarded that file. As per the communication dated 05.03.2009, copies of the order were first sent to the Income Tax Department on 31.01.2002 which was not received by the Department (sent to Revenue). It was again sent on 01.01.2003 to the Central Circle Office and this time also the same was not accepted. Thereafter, the Income Tax Department obtained the certified copy of the order which w .....

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..... t in filing and pursuing the appeals in the High Court. It is seen even when most of the appeals are filed within stipulated period and limitation, they are hardly in order ever and, substantial time is taken by the Department in removing the objections raised by the Registry. In most of the cases, delay in refilling the appeals is more than 100 days. Many times the delay in refiling the appeal after removing objections goes beyond 300 days and even more than 500 days. Sometimes objections relate to non filing of legible copies of the documents or the impugned order, the Department takes abnormal time for supplying those copies and clearing such objections. This itself results in delay in taking up these matters. The Registry has, also, inf .....

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..... r in action on the part of the officers of the nature specified above, the Department may be losing huge revenue. There are many other problems and it is not necessary to spell out all those problems in this order.   Though we find that most of the counsel appearing on behalf of the Revenue are well prepared and well equipped with the knowledge of law and are able to render their assistance to this Court, for lack of proper instruction and information in some of the cases at times they find themselves in helpless situation.   Since repeated oral instructions given to the Department from time to time to set its house in order have fallen into deaf years, we have no option but to bring these aspects to the notice of the higher aut .....

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