Pulls up socks or will order change of erring officer(s): HP HC to Excise Dept
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Take your experience further with Premium access. Thought-provoking Opinions, Expert Analysis, In-depth Insights and other Member Only BenefitsThe High Court has taken a tough stand on the state Excise Department for not filing replies to the tax related petitions despite repeated opportunities.
While dealing with one of such petition, the division bench of Justice Tarlok Singh Chauhan and Justice Sushil Kukreja observed that “it has been repeatedly observed that replies from the Department of State Taxes and Excise are not being filed within the time granted or even in the extended time and invariably are being filed after three months, thereby causing not only inconvenience to the Court but hampering the adjudication of the cases, which involve high stakes running into several crores of rupees.”
While giving the example of the present case the court observed that “even in this case, notices were issued on April 24 and thereafter on May 1, May 8 and May 29. Even today, the time is being sought for filing reply.”
While cautioning the state government, the court further observed that “It is high time that the Excise Department pulls up its socks or else this court may have to direct the government to change the Commissioner/Law Officer or the erring officer(s) or any or all of them, as the case may be.”
The court further made it clear in its order that reply be positively filed within one week, failing which erring officer(s)/official(s) shall personally appear before the Court on July 4.