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2016 (8) TMI 1397

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....ith A.Y. 1961-62 (WTR 2 of 1992) and end with the Appeal relating to A.Y. 1998-99 (ITA No.362 of 2003). 2. When the Writ Petition, bearing No.793/2005, was admitted on 25 July 2005 and interim reliefs granted, the Court directed its hearing expeditiously along with the pending References and Appeals. 3. Thus, all these matters were clubbed for hearing. Thereafter whenever these matters were called out, they were being adjourned on the statement made on behalf of the Applicants/Appellant/Petitioner that these proceedings have been stayed by the Supreme Court by its order dated 9 August 1973. On the basis of the above statement made by the Advocate, the hearing of all these clubbed matters was being adjourned by the Court from time to time.....

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....s were adjourned to 18 August 2016. On 18 August 2016, these proceedings did not reach hearing, as we were in the midst of hearing a partheard matter. 6. On 19 August 2016, Mr. Joshi, learned Counsel appearing for the Applicants/Appellant/Petitioner, again sought time till 22 August 2016, by which time, he hoped to have some clarity with regard to the impact of the order of the Apex Court, being Exhibit 'B' to the Petition to the present clubbed proceedings. This he submitted would be on obtaining necessary written instructions from the Advocate appearing for the Petitioner before the Supreme Court as according to him, it was vital to these proceedings. Mr. Joshi, at that time, also informed us that he would be returning the Refere....

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.... have been told about the circumstances leading to the matters being fixed on 22 August 2016, he would in all likelihood not have accepted the brief. Be that as it may, we refused to grant any further adjournment and directed both of them to proceed with the hearing of their respective briefs. However, both of them expressed their inability to make submissions in support of either the References, and/or the Appeals and/or the Petition. 9. Thereafter, Mr. Chandnani learned Advocate for the Petitioner/Applicants in the References, sought to place on record written submissions. However, we refused to take the same on record, as the copy of the same has not been forwarded to the Respondent Revenue. Taking these submissions would entail adjour....