2023 (11) TMI 346

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.... Nikhil Jain, Adv. For the Respondent Through: None. RAJIV SHAKDHER, J. (ORAL): CM No. 50331/2023 1. Allowed, subject to just exceptions. CM Nos. 50332-33/2023 [Applications filed on behalf of the appellant seeking condonation of delay of 31 days in filing and 136 days in re-filing the appeal] 2. These are the applications moved on behalf of the appellant/revenue seeking condonation of ....

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....ncome Tax Act, 1961 [in short, "1961 Act"] read with Rule 8D of the Income Tax Rules, 1962 [in short, "1962 Rules"]? 8. The record shows that the deletion of disallowance of deductions sustained via the impugned order amounted to Rs. 3,81,71,231/-. 9. The stand taken by the appellant/revenue is that since huge investments had been made, amounting to nearly Rs. 45.80 crores, expenses would have b....

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....:DHC:5467-DB, wherein reference is made to other judgments on the point in issue. For convenience, the relevant observations contained therein are set forth hereafter: "9. Via these appeals, the appellant/revenue seeks to assail the common order of the Income Tax Appellate Tribunal [in short, "Tribunal"] dated 02.08.2022. 10. Mr Abhishek Maratha, senior standing counsel, who appears on behalf....

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....12. Mr Rai does not dispute that a Special Leave Petition (SLP) was preferred against Cheminvest Limited, which was dismissed via order dated 02.07.2018; which is reported in [2018] 95 taxmann.com 250 (SC). The order passed by the Supreme Court reads as follows: "The Special Leave petition is dismissed on the ground of delay as well as on merits." 13. As regards, the other issue, i.e., whether ....