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2018 (8) TMI 94

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..... g of the appeal and thereafter the passing of the orders. The available material should have been taken into account to dispose of the appeal. Tribunal directed to pass final order in the appeal by reserving the right of both sides to raise appropriate contentions with regard to the interim directions and in the event they are aggrieved and dissatisfied with the final orders in the appeal. Petition disposed off. - Writ Petition No. 2689 of 2017 - - - Dated:- 23-7-2018 - S.C. DHARMADHIKARI SMT.BHARATI H. DANGRE, JJ. Mr. Vipin Kumar Jain a/w Mr. Prabhakar K. Shetty and Mr. Roshil Nichani for the Petitioners. Mr. Swapnil Bangur a/w Mr. Vipul Bajpayee for the Respondents. P.C.: 1. By consent of the parties, we he .....

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..... . 4. Appellant says that there were certain statements recorded from Mr.Shrinivas Acharya, Konark Plywood Pvt. Ltd., Reliable Plywood Pvt.Ltd., Welcome Plywood Industries Pvt. Ltd., Shree Laxami Saw Mills and Wood and Paper Industries. Revenue is required to produce copy of those statements before the Tribunal on the next date fixed for examination. 5. In order to facilitate the examination of the cashbook entries on cash deposit and bank deposit, the appellant shall made an application as expeditiously as possible before the Adjudicating Commissioner to fix the date and on that date appellant shall produce those records for aforesaid years for his examination. On production of such records and examination thereof, ld. Commissioner .....

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..... not made application to the adjudicating Commissioner for fixation of date of hearing and examination of its records as stated in the order of Tribunal passed on 30.5.2017. Copy of such affidavit be also served on Revenue by 08th August 2017. 4. Call the matter on 10th August 2017. 5. After hearing both sides at some length, we find that the Tribunal in the peculiar facts and circumstances would have been well advised to dispose of the appeal on merits and finally. With great difficulties and obstacles parties get an opportunity to argue old appeals and the Tribunal therefore should not pass any orders which would delay the proceedings further. Public interest suffers adversely if any tentative and prima faice view is expressed, .....

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