9911796707
TMI Blog2015 (9) TMI 611X X X X Extracts X X X X X X X X Extracts X X X X ..... followed its own (Tribunal) order in respect of the respondent for the Assessment Year 2007-08. Thus, when the matter came up for admission on 10 June 2015, the status of the earlier year's appeal was inquired by the Court from the revenue and the appeal was adjourned to enable the learned counsel for the revenue to make necessary inquiry. On 29 June 2015, the Court was informed that no appeal against the order of the Tribunal for Assessment Year 2007-08 was pending in this Court as the same was dismissed for non removal of the office objections on 29 November 2012. At that time affidavit of the incumbent Assessing Officer dated 29 June 2015 was filed pointing out that he became aware of the appeal being dismissed only on 10 June 2015 w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idavit dated 26 August 2015 has been filed by the Principal Commissioner of Income Tax wherein he has stated that:- a) the officers have been instructed to keep themselves engaged with regard to the appeals/writs in this court till the final disposal of the appeals/writs as the case may be; b) the Officers are directed to properly verify the facts before filing of any appeal and/or affidavit in this Court; c) Officers to submit monthly status report in respect of the pendency of appeals and removal of the office objections; and d) Besides, an explanation has been sought from the concerned officers for the lapses in filing the subject appeal and dismissal of the earlier appeal. 5) The Officer who was at the relevant time the Assessi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ved from the concerned officers. We accept the apology of the erstwhile and incumbent Assessing Officer and close the present issue. 7) Though, we have indicated this on numerous occasions in our earlier orders, at the cost of repeation, we state that we would expect the revenue not to file appeals from orders of the Tribunal on issues which are concluded by the decisions of this Court or by the decision of the Tribunal and no appeals to higher forums have been filed therefrom. Further, in case the revenue is still of the view that an appeal is required to be filed then the justification/reason for the same must be indicated either in the Memo of Appeal or by filing a separate affidavit before the date of the appeal being listed for admiss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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