2023 (3) TMI 1197

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....Appellant Through: Mr. Zoheb Hossain, Sr. Standing Counsel, Mr Sanjeev Menon, Adv. Respondent Through: Mr Mayank Nagi, Adv. with Mr Tarun Singh, Adv. RAJIV SHAKDHER, J.: (ORAL) CM APPL. 8819/2023 [Application filed on behalf of the appellant/revenue seeking condonation of delay of 416 days in re-filing the appeal]. 1. This is an application filed on behalf of the appellant/revenue seek....

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....ect. 8. To be noted, the respondent/assessee had earned dividend income amounting to Rs. 86,88,44,673/-, which was excluded from total income in terms of Section 10(34) of the Act. 9. The respondent/assessee had, on its own as indicated above, worked out disallowance under Section 14A of the Act to the extent of Rs. 55,59,79,000/-. 10. The breakup of this amount, as per the record, is as ....

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....4 of the impugned order. 12.2 The Tribunal invoked the rule of consistency as enunciated by the Supreme Court in Radha Soami Satsang v Commissioner of Income Tax [1992] 193 ITR 321 and, thus, dismissed the appeal of the revenue. 13. We may note that the respondent/assessee had also filed cross-appeal against the order of the Commissioner of Income Tax (Appeals) [in short, "CIT(A)"], to the e....