IN THE HIGH COURT OF DELHI AT NEW DELHI
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ITA 594/2007
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THE COMMISSIONER OF INCOME TAX ..... Appellant
Through:Mr.R.D.Jolly, Adv.
versus
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TARPIM OVERSEAS P.LTD. ..... Respondent
Through
CORAM:
HON'BLE MR. JUSTICE MADAN B. LOKUR
HON'BLE MR. JUSTICE V.B. GUPTA
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O R D E R
04.07.2007
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CM No.8382/2007
There is a considerable delay of almost two years in refiling the appeal.
It is true that the appeal was refiled from time to time but the objections
raised by the Registry were not removed.
The delay in refiling has been explained by stating that some of the
documents were located late on account of restructuring in the department. The
only documents on record are the assessment order passed by the
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Assessing Officer, the appellate order passed by the Commissioner of Income Tax
(Appeals) and the order passed by the Income Tax Appellate Tribunal. We are
unable to understand what was the difficulty in getting these orders and what
restructuring was going on which made it difficult for the Revenue to locate
these orders.
It is then stated that the file got mixed up with another case. This is
in stark contrast to what has been stated in the previous paragraphs of the
application.
We also find that the application for condonation of delay in refiling is
not supported by the affidavit of any responsible officer of the Income Tax
Department. We get the unfortunate feeling that the Income Tax Department
assumes that any delay caused in filing or refiling an appeal will automatically
be condoned by this Court without much ado. It is high time that we dispel any
such doubts and make it explicit that matters are required to be taken up with
all due earnestness by the Income Tax Department, which is filing almost 100
appeals every month.
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Since application for condonation of delay does not show any sufficient
cause, it is dismissed.
ITA 594/2007
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Since the application for condonation of delay has been dismissed, the
ITA is also dismissed.
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MADAN B. LOKUR, J
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V.B. GUPTA, J
JULY 04, 2007
Bisht
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