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2010 (11) TMI 745 - DELHI HIGH COURTDelay in filing of an appeal - period of limitation - information from the Income Tax Appellate Tribunal under the Right to Information Act - counsel for the Department for want of proper instructions, is not able to provide information regarding those matters where similar issues arise. In many decisions rendered by the Tribunal, we find that the Tribunal has either followed its own order pertaining to the earlier Assessment year of the same assessee or the order passed on the same issue in the case of some other assessee. The counsel pleads ignorance as to whether any appeal was preferred against those orders and if preferred they are not able to give the particulars of the appeals or the outcome of those appeals or the stage at which those appeals are. Sometimes repeated adjournments are given to the counsel for the Revenue to supply such information. However, the Department is not able to give the information. This is happening only because there is no organized system which is adopted by the legal section of the Income Tax Department in pursuing these appeals. It is also because of non-computerization of the legal cell. Because of lack of proper coordination between different Departments or in action on the part of the officers of the nature specified above, the Department may be losing huge revenue. There are many other problems and it is not necessary to spell out all those problems in this order, Since repeated oral instructions given to the Department from time to time to set its house in order have fallen into deaf years, we have no option but to bring these aspects to the notice of the higher authorities by means of this order. We also feel it necessary to summon Secretary (Revenue), Govt. of India as well as Chairman CBDT
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