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2015 (9) TMI 611 - BOMBAY HIGH COURT

2015 (9) TMI 611 - BOMBAY HIGH COURT - TMI - Legality of affidavit - Assessing Officer had filed the subject appeal has also filed affidavit dated 24 August 2015 pointing out that a mistake occurred on his part as he proceeded to file this appeal on the note prepared by his staff - Held that:- We accept the unconditional apology of the present incumbent Assessing officer as well as erstwhile Assessing officer who was Officer responsible for filing the appeal. We trust that they would be more car .....

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ome Tax would take appropriate action, if necessary, after considering the explanation received from the concerned officers. We accept the apology of the erstwhile and incumbent Assessing Officer and close the present issue. - Income Tax Appeal No. 1574 of 2013 - Dated:- 1-9-2015 - M. S. Sanklecha And G. S. Kulkarni, JJ. For the Appellant : Mr Anil Singh, Additional Solicitor General with Mr Suresh Kumar, Mr A R Malhotra and Mr N A Kazi For the Respondent : Mr Jitendra Singh ORDER P. C. In order .....

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d by the Court from the revenue and the appeal was adjourned to enable the learned counsel for the revenue to make necessary inquiry. On 29 June 2015, the Court was informed that no appeal against the order of the Tribunal for Assessment Year 2007-08 was pending in this Court as the same was dismissed for non removal of the office objections on 29 November 2012. At that time affidavit of the incumbent Assessing Officer dated 29 June 2015 was filed pointing out that he became aware of the appeal .....

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y, filed from the order of the Tribunal for Assessment Year 2006-.07. 3) This Court had in its order dated 29 June 2015 also indicated its concern with regard to the manner in which the present appeal has been filed. Besides also the manner in which the appeals are being filed and attended to in this Court by the revenue. On 11th August 2015 when the matter reached hearing the revenue placed reliance upon two affidavits, one dated 3 August 2015 by Commissioner of Income Tax (Judicial ) and the e .....

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07-08 on 29 November 2011. 4) Today, an affidavit dated 26 August 2015 has been filed by the Principal Commissioner of Income Tax wherein he has stated that:- a) the officers have been instructed to keep themselves engaged with regard to the appeals/writs in this court till the final disposal of the appeals/writs as the case may be; b) the Officers are directed to properly verify the facts before filing of any appeal and/or affidavit in this Court; c) Officers to submit monthly status report in .....

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ficer further assures the Court that he would be more careful in future and such error would not be repeated and tenders an unconditional apology. It is also pointed in the affidavit that the appeal for Assessment Year 2006-07 has been decided on 11 July 2014 by this Court. Similarly, the incumbent Assessing Officer has also filed further affidavit dated 24 August 2015 explaining the mistake which had occurred in his affidavit dated 29 June 2015 and apologized for the same. 6) We accept the unco .....

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