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TMI Blog2022 (5) TMI 1604X X X X Extracts X X X X X X X X Extracts X X X X ..... UMAR BHARWANI For the Petitioner : Mr. Hemant Dutt ORDER The Sales Tax Revision (No.66/2017) filed by the Commercial Taxes Officer, Anti Evasion, Jodhpur was dismissed by this Court vide order dated 27.04.2022 for want of prosecution because despite pendency of the revision for more than five years, no steps had been taken to move the application for condonation of delay. Shri Hemant Dutt, Adv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... permitting to remove the defects so pointed out. This Hon'ble Court vide order dated 28.07.2021 directed to file Additional Affidavit and in pursuance to the order passed by this Hon'ble Court an additional affidavit was filed. 3. That the petitioner humbly submits that due to inadvertence the application for condonation of delay could not be filed in time for the reason that due to bulk restru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vently contended that earlier on, the learned Additional Advocate General, who had been assigned the files did not take apposite steps for filing the application under Section 5 of the Limitation Act. Shri Dutt submits that he received the file in March, 2020 and tried to remove the defects but the Officer-In-Charge of the case was changed in the meanwhile and the High Court Registry was not permi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cer Incharge is absolutely unacceptable on the aspect of submission of the application under Section 5 of the Limitation Act. It may be stated that there might have been some difficulty for removing the defects in the existing revision petition owing to change of Officer Incharge and difference in signature. However, nothing prevented the Department from filing the application under Section 5 of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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