2023 (1) TMI 723

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....spondent: Mr M P Rastogi with Mr Manu K Giri and Mr K N Ahuja, Advs. ORDER RAJIV SHAKDHER, J. CM Appl.14798/2019 in ITA 308/2019 1. This is an application filed on behalf of the appellant/revenue seeking condonation of delay in refiling the appeal. 2. According to the appellant/revenue, the period of delay involved is 64 days. 3. For the reasons given in the application, the delay is condon....

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....on? 2. If the answer to the above is in the affirmative in favour of the Revenue, the further question which arises is whether the Assessee was entitled to deduction under Section 80-IB of the Income Tax Act, 1961 in respect of sub-licence fee (ITA 892/2016 & 894/2016)? 9. The operative directions, which were issued by the coordinate Bench in the aforementioned judgment read as follows: "21. ....

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....Section 80-IB, it will be open to the Assessee to press their cross appeal before the Tribunal in case of an adverse finding against the assessee on the first issue. 23. The substantial questions of law are accordingly answered partly in favour of the Revenue and against the respondent-assessee. We have not given and expressed any firm opinion on merits as an order of remand to the Tribunal has ....