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2026 (9) TMI 1325

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....ant : Mr. Shlok Chandra, SSC with Ms. Naincy Jain, and Ms. Madhavi Shukla, JSCs with Mr. Udit Dad, Adv. For the Respondent : Ms. Ananya Kapoor, Adv. JUDGMENT Per DINESH MEHTA, J. (Oral) CM APPL. 54952/2026 (delay of 454 days in re-filing) 1. The present application has been filed by the appellant seeking condonation of 454 days delay in re-filing the appeal. 2. For the reasons st....

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....d the order dated 28.11.2024 passed by the Income Tax Appellate Tribunal (hereinafter referred to as 'ITAT') in Appeal No. 8765/DEL/2019 for Assessment Year (AY) 2016-17, whereby the appeal filed by the Revenue against the order dated 26.08.2019 passed by the Commissioner of Income Tax (Appeals)-5, New Delhi [hereinafter referred to as 'CIT(A)'], allowing the assessee's appeal was rejected. 10.....

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....e about the factum of execution of the sale deed. The assessee, therefore, reflected the transaction of his return of income and showed capital gain, but since there was a capital loss, the long term capital gain arising on the land was set off. 13. During the course of assessment proceedings, when the AO questioned the purchaser about the factum of the sale deed and the transaction, then he le....

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.... was disallowed by the Appellate Authority and said view has been affirmed by the Tribunal by holding that the AO was not justified in making addition of the amount of Rs. 10 crores in the year under consideration, as said amount was received by the assessee in the FY 2006-07. 15. Mr. Shlok Chandra, learned Senior Standing Counsel for the Department vehemently argued that the assessee had adopt....