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2017 (5) TMI 1403

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..... o one in the Department followed up on the filing of appeals and allowed a period of over two-and-a-half years to elapse before the appeal could be re-filed. The Department has a cell in the High Court which is under the supervision of a Deputy CIT. He ought to be keeping track of the filing of appeals and should be able to know if any appeal entrusted to the panel counsel for filing has not been .....

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..... ion for the delay is set out in para 4 of the application and reads as under: (a) Initially the aforesaid Appeal was filed on 20.08. 2014 before this Hon'ble Court vide Diary No. 146336 of 2014. (b) However, the same was scrutinized by the Registry of this Hon'ble Court and objections were marked and the Appeal was returned to the then Senior Standing Counsel of the Income Tax D .....

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..... uring the pendency of the Appeal only if some assistance/ instructions are needed/ required from Applicant's/ Department's end. (d) However, the then Sr. Standing Counsel neither made aware nor communicated the status of the aforesaid appeal allocated to him, that the same was lying in defect. It is humbly submitted that the Department has taken serious note of the past situation and .....

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..... lay of 910 days in re-filing the appeal. After the appeal was initially filed on 20th August, 2014, the Department actually forgot about it entirely. It is not possible to accept that no one in the Department followed up on the filing of appeals and allowed a period of over two-and-a-half years to elapse before the appeal could be re-filed. The Department has a cell in the High Court which is unde .....

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