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2023 (12) TMI 985

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....unsel. For the Respondent Through: None. RAJIV SHAKDHER, J. (ORAL): CM APPL. 63556/2023 [Application filed on behalf of the appellant seeking condonation of delay of 430 days in re-filing the appeal] 1. This is an application moved on behalf of the appellant/revenue seeking condonation of delay in re-filing the appeal. 1.1 According to the appellant/revenue, there is a delay of 430 ....

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...., F.Y. 2006-07 (AY 2007-08). 9. The respondent/assessee had thus made a provision in the AY 2007- 08 amounting to Rs. 3,87,12,148/-. 10. In the period in issue i.e., AY 2008-09, the respondent/assessee claimed deduction of liquidated damages, albeit on actual basis of an amount equivalent to Rs. 4,37,36,387/-. This amount included the sum referred to hereinabove which was provided as liquida....

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....he provisions made in the preceding AY, i.e., Rs. 3,87,12,148/-. 13.1. The CIT(A) found that the respondent/assessee had to make supplies to BSNL and MTNL. Since, there was a delay in making the supplies, liquidated damages were adjusted by the said entities against the invoices raised by the respondent/assessee. 14. These finding of facts are recorded by the CIT(A) in his order dated 28.03.....