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2015 (10) TMI 712 - BOMBAY HIGH COURT

2015 (10) TMI 712 - BOMBAY HIGH COURT - 2015 (323) E.L.T. 319 (Bom.) - Delay in delivery and conclusion of judgment - Held that:- When the Apex Court [2001 (8) TMI 1330 - SUPREME COURT] has held that even in the case of the Constitutional Court i.e. the High Court, there should be no delay between the conclusion of the case and passing of an order, it will not be permissible for the Tribunals to pass orders after inordinate delay. - matter remanded back - Decided in favour of assessee. - Writ pe .....

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counsel appearing for the Petitioner and Mr. Jetly, learned counsel appearing for the Respondents. 3. The undisputed facts are as under : A show cause notice came to be issued to the Petitioner on 31st July, 2012. In response to the show cause notice, written submissions came to be filed before the authority on 21st September, 2012 so also the replies were filed on 27th September, 2012 and 31st October, 2012. A personal hearing was also given to the Petitioner on 27th September, 2012. However, t .....

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the delay in delivery of the judgment after the matter is concluded is prevented. It will also be appropriate to refer to observations of the Apex Court in the case of R.C. Sharma v. Union of India and others reported in (1976) 3 SCC 574 : The Civil Procedure Code does not provide a time limit for the period between the hearing of arguments and the delivery of a judgment. Nevertheless an unreasonable delay between hearing of arguments and delivery of judgment, unless explained by exceptional or .....

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