Commissioner Of Income Tax v. Sahara India (Firm)

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 518/2017 COMMISSIONER OF INCOME TAX ..... Appellant Through:

Mr.Rahul Kaushik, Advocate with Mr.Ajit Sharma, Advocate.

Versus

SAHARA INDIA (FIRM) ..... Respondent Through:

Mr.Arta Trana Panda, Advocate.

CORAM: JUSTICE S.MURALIDHAR JUSTICE PRATHIBA M. SINGH

O R D E R

% 14.07.2017 C.M.No.24332/2017 (delay of 1233 days in re-filing)

1. There is an inordinate delay of 1233 days in re-filing the appeal.

2. The Court finds that the standard excuse that the Dpartment is putting forth in all such applications for condonation of delay in re-filing the appeal is the change of Standing Counsel for the Department and the failure by the earlier counsel to inform the Department about the appeal lying in defect. This explanation does not impress the Court. It is not possible to accept that no one in the Department followed up on the filing of appeals and allowed a period of almost 3 years and 4 months 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 ITA 518/2017 Page 1 of 2.

counsel for filing has not been listed even once before the Court for a long time.

3. The application for condonation of the delay of 1233 days in re-filing the appeal is dismissed. Accordingly, the appeal is dismissed. S.MURALIDHAR, J PRATHIBA M. SINGH, J JULY 14, 2017 'anb'

ITA 518/2017 Page 2 of 2.