Citation : 2023 Latest Caselaw 1035 UK
Judgement Date : 18 April, 2023
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
AND
HON'BLE SRI JUSTICE ALOK KUMAR VERMA
TRADE TAX REVISION NO. 04 OF 2023
18TH APRIL, 2023
BETWEEN:
Commissioner Commercial Tax Uttarakhand
.....Revisionist.
And
M/s Doon Valley Distillery, Kunwawala, Dehradun
....Respondent.
Counsel for the Revisionist : Mr. B.S. Parihar, learned Standing Counsel.
The Court made the following:
JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)
This revision has been preferred to assail the order
dated 03.05.2010, passed by learned Commercial Tax
Tribunal, Uttarakhand, Dehradun Bench, in Second Appeal
No.01/2007.
2. The revision has been preferred with delay of 4571
days. The only explanation furnished by the revisionist to
explain the said delay is that, after the receipt of the
impugned order, discussions were held at different levels, and
permissions were obtained for challenging the order of the
Tribunal, which consumed time in completing the procedural
formalities, and obtaining necessary permissions. Time was
also consumed in engaging a counsel, and translating Hindi
documents into English.
3. In our view, the explanation offered by the
revisionist is completely unsatisfactory, and no sufficient
cause has been disclosed to justify such enormous delay of
over 12 years in preferring the present revision.
4. We, therefore, dismiss the application seeking
condonation of delay. Consequently, the revision petition is
also dismissed.
5. Pending application, if any, also stands disposed of.
(VIPIN SANGHI, C.J.)
(ALOK KUMAR VERMA, J.) Dated: 18th April, 2023 NISHANT
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