The Commissioner Of Income Tax-Iv v. M/S Ifca Bottling Co. Ltd

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 4. + ITA 127/2016 THE COMMISSIONER OF INCOME TAX-IV ..... Appellant Through: Mr. Sharad Aggarwal, Advocate for Mr. Rahul Chaudhry, Senior Standing counsel. versus M/S IFCA BOTTLING CO. LTD. ..... Respondent Through: Mr. Arta Trana Panda, Advocate. CORAM:JUSTICE S.MURALIDHAR JUSTICE VIBHU BAKHRU O R D E R% 12.02.2016 CM No. 4256 of 2016 (delay) and ITA No. 127 of 2016 1. There is an inordinate delay of 950 days in re-filing the appeal. 2. The Court finds that the standard excuse that the department is putting forth in all such applications for condonation of delay in re-filing the appeal is the change of Standing Counsel for the Department and the failure by the earlier counsel to inform the Department about the appeal lying in defect. This explanation does not impress the Court. It is not possible to accept that no one in the Department followed up on the filing of appeals and allowed a period of almost two and half years to elapse before the appeal could be re-filed. The Department has a cell in the High Court which is under the ITA No. 127/2016 Page 1 of 2 supervision of a Deputy CIT. He ought to be keeping track of the filing of appeals and should be able to know if any appeal entrusted to the panel counsel for filing has not been listed even once before the Court for a long time. 3. The application bearing CM No. 4256 of 2016 for condonation of the delay of 950 in re-filing the appeal is dismissed. Accordingly, the appeal is dismissed. S.MURALIDHAR, J FEBRUARY 12, 2016 mg VIBHU BAKHRU, J ITA No. 127/2016 Page 2 of 2