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2018 (10) TMI 1551

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..... Applicant/Appellant.   1. Shri. Jetly, the learned Counsel appearing in support of the Motion, states that the Respondents have been served and undertakes to file Affidavit of Service within a week from today. 2. This Motion seeks condonation of 639 days delay in taking out this Motion to set aside the order dated 25th August 2016 passed by the Prothonotary & Senior Master rejecting the App .....

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..... not informed and/or not aware of the dismissal of its Appeal in August 2017. Nor does the Affidavit indicate the date when the Respondent for the first time came to know about the date of the rejection of Appeal by the Prothonotary & Senior Master. This date is crucial for considering whether the delay in making out this Application is required to be condoned or not. The change of panel advocates .....

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..... clerical staff. This is routinely happening inasmuch as the Departmental heads have not been attending the cases by taking a periodical review of the proceedings or appeals lodged in this Court. They hand over the papers to Advocates and thereafter are not bothered about the outcome of these appeals. It is for the Revenue or the Department to take the necessary action but they do not feel obliged .....

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..... se years the Revenue officials have not noticed the lodging, filing or pendency of an appeal, a conditional order of the Registry, then, it must set its own house in order by sacking and removing the delinquent and negligent officials or penalising them otherwise so as to sub-serve larger public interest. If they are found to be hand-in-glove with the assessee and adopt such tactics deliberately, .....

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