TMI Blog2015 (10) TMI 2699X X X X Extracts X X X X X X X X Extracts X X X X ..... ring on the present appeal. Moreover, in any case pendency of the present appeal is no reason for the Tribunal not to proceed further with the application. The court is, therefore, of the view that there is substance in the grievance voiced in the application and that the Tribunal is not justified in not proceeding with the application. - Civil Application (OJ) No. 657 of 2015 Tax Appeal No. 1220 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the pendency of the present appeal, the Tribunal may hear the miscellaneous application as expeditiously as possible. 2. Mr. B. S. Soparkar, learned advocate for the applicant has submitted that if the miscellaneous application preferred by the Tribunal is allowed, the tax appeal itself would be rendered infructuous. It was submitted that under the circumstances, the Tribunal is not justified ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal, namely, Tax Appeal No.1220 of 2006 shall not preclude the Tribunal from hearing and deciding Miscellaneous Application No.37 of 2009 pending before it. On the contrary, the Tribunal is expected to decide the application at the earliest. Considering the fact that the miscellaneous application is pending since 2009, the Tribunal is requested to dispose of the same as expeditiously as possibl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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