2023 (9) TMI 1351 - SCH - Income Tax

Revision u/s 263 - disallowance of claim of deduction u/s 80IA - tribunal granted relief to assessee - as per HC Tribunal correctly noted the factual contend with regard to the purchases which were undertaken assessee as also the terms and conditions of the agreement entered into by the assessee with the concerned highways department and having been factually satisfied that the deduction claimed by the assessee is admissible, had granted relief - also for the previous assessment years Tribunal had granted relief for assessee and in the absence of any distinguished feature in the nature of contract the Rule of Consistency has to be applied - HELD THAT - Though there is delay of 219 days in filing this special leave petition, we nevertheless heard learned ASG on the merits of the matter. We do not find any infirmity in the impugned order. The special leave petition is, hence, dismissed, while condoning the delay in filing the special leave petition.

Summary

The Supreme Court dismissed the special leave petition due to a delay of 219 days, but heard arguments from the ASG. No issues were found in the impugned order. The delay was condoned, and pending applications were disposed of.