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Om Shiv Transport Versus Union of India

2016 (3) TMI 389 - ALLAHABAD HIGH COURT

Seeking an establishment of permanent bench of CESTAT at Allahabad and allocating the entire red building - More than two years have elapsed and no steps has taken - Held that:- (1) the Secretary, Department of Revenue, Ministry of Finance, Government of India, New Delhi is directed to appear before the Court along with Sri S. Bhowmick, Under Secretary, Department of Revenue on 5-1-2016 and explain the hurdles, which they are facing in not establishing a permanent Bench of the CESTAT at Allahaba .....

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affidavit to that extent is filed before the Court. - Writ Tax No. 354 of 2015 - Dated:- 17-12-2015 - Tarun Agarwala and Vinod Kumar Misra, JJ. Shri Nishant Mishra and S.D. Singh, Counsels, for the Petitioner. Shri B.K.S. Raghuvanshi, ASGI, Gyan Prakash, Manish Goyal, Ramesh Chandra Shukla and Ravi Prakash Srivastava, Counsels, for the Respondent. ORDER We have heard Sri S.D. Singh, the learned senior counsel along with Sri Nishant Mishra and Sri Prateek Dawar for the petitioner, Sri Ashok Mehta .....

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ent. 3. We find that the affidavit of Sri S. Bhowmick, Under Secretary, Department of Revenue, Ministry of Finance has been filed, but he has not appeared. On the other hand, Sri Sunil Kumar Meena, Under Secretary, Department of Revenue, Ministry of Finance has appeared. The Court fails to fathom as to how this kind of tactics can be adopted by the Department of Revenue in making perfunctory compliance of the orders of the High Court. The person who has sworn the affidavit should have appea .....

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ere not filed. Such delaying tactics adopted by the Department and not allowing the business of the Court to function in a proper manner is deplorable. 4. This petition was filed in April, 2015. One of the prayers was for establishment of a permanent Bench of the CESTAT at Allahabad. More than 8 months have elapsed and the Ministry of Finance has not even been able to locate a place for establishing a permanent Bench of CESTAT at Allahabad. On the other hand, the Ministry of Finance has the .....

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