Director Of Income Tax-Ii v. Western Union Financial Services Inc.

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 3.

+ ITA 126/2016 DIRECTOR OF INCOME TAX-II ..... Appellant Through: Mr.Sharat Aggarwal, Advocate for Mr. Rahul Chaudhary, Senior Standing counsel versus WESTERN UNION FINANCIAL SERVICES INC..... Respondent Through: Ms. Husnal Syali, Advocate.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE VIBHU BAKHRU

O R D E R

% 12.02.2016 CM No. 4255 of 2016(delay) and ITA No. 126 of 2016

1. There is an inordinate delay of 1117 days in re-filing the appeal.

2. The Court finds that the standard excuse that the department 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 three years to elapse before the appeal could be re-filed. The Department has a cell in the High Court which is under the supervision ITA No. 126/2016 Page 1 of 2

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 listed even once before the Court for a long time.

3. The application bearing CM No. 4255 of 2016 for condonation of the delay of 1117 days in re-filing the appeal is dismissed. Accordingly, the appeal is dismissed.

S.MURALIDHAR, J VIBHU BAKHRU, J FEBRUARY 12, 2016 Mg ITA No. 126/2016 Page 2 of 2