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2005 Supreme(Del) 584

MADAN B.LOKUR, SWATANTER KUMAR
COMMISSIONER OF INCOME TAX – Appellant
Versus
SUDHIR CHOUDHRIE – Respondent


SWATANTER KUMAR, J.

( 1 ) NOTICE to show cause why the appeals be not admitted returnable on 10th September, 2002, was issued by a Division Bench of this court in all the above appeals vide order dated 20th May, 2002. In response to it the respondent-assessee appeared and took an objection in its submission that the Income tax Appellate Tribunal had passed an order in favour of the assessee for the assessment year 1988-89 which has not been challenged" by the Department and as such all subsequent appeals would have to be dismissed or adversely affected. The pendency of this matter became a matter of concern for the court as it was stated at the Bar in different cases including the above appeals, that orders passed by the Income Tax Appellate Tribunal are not served upon the Department for years together, while on the other hand the contention of the Counsel appearing for the income Tax Appellate tribunal was that the orders are duly communicated or served upon the authorities but sometimes they decline to accept the same and the delay is not attributable to the Registrar of the Income tax Appellate Tribunal. Faced with these circumstances, the Court had passed the following order o


















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