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Case Law Details

Case Name : Commissioner Tax Vs M/s Hanuman Industries Kichha (Uttarakhand High Court)
Appeal Number : Delay Condonation Application No. 5365 of 2018
Date of Judgement/Order : 09/05/2018
Related Assessment Year :

Commissioner Tax Vs M/s Hanuman Industries Kichha (Uttarakhand High Court)

There is delay of 1819 days’ in filing the Revision. It is stated that after receiving the copy of the judgment dated 29.01.2013, matter was discussed at various levels and the proposal was received by the Department on 01.05.2013. It is stated that Department instructed the concerned official to contact the Office of the Chief Standing Counsel who, in pursuance thereof contacted the office of the Chief Standing Counsel and the case was allotted to the State Counsel. Thereafter, it is stated that documents relied on were in Hindi, so it was directed to be translated in English. It is stated that since there was no authorized translator in the Department as well as in the Office of the Chief Standing Counsel, it took some time to translate the document. Permission for filing Revision was received by the Law Department on 28.05.2013. Copies of the translated orders were received by the Department on 11.06.2013 and after receiving the same, it was provided to the Office of the Chief Standing Counsel, which also consumed time. It is stated that In-charge Officer did not re-allot the files, for the reasons best know to him. When the said fact came to the knowledge of the Department, the files were re-allotted as there were several files pending for preparation of the Revisions, which consumed time. It is further stated that Departmental proceedings have been initiated against the Officers and there is reference to copy of chargesheet dated 26.07.2017.

2. After hearing Shri Pradeep Joshi, learned Standing Counsel for the revisionist, we do not think that there is sufficient reason to condone the delay of 1819 days in filing the Revision.

3. Accordingly, Application for Condonation of Delay (CLMA No. 5365 of 2018) will stand rejected. Consequently, the Revision also stands dismissed.

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