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2024 (2) TMI 1429

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..... capital nature - HELD THAT:- The legal issue involved in this appeal is squarely covered by the decision of three High Courts in favour of the assessee. See PVP Ventures Ltd. [ 2012 (7) TMI 696 - MADRAS HIGH COURT] and followed by the decision Lemon Tree Hotels Ltd.[ 2015 (11) TMI 404 - DELHI HIGH COURT] and M/S. BIOCON LTD. [ 2020 (11) TMI 779 - KARNATAKA HIGH COURT] In all the decisions it has b .....

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..... for respondent. ORDER The Court :- We have heard learned Counsel on either side. It appears that there is a delay of 117 days in filing the appeal. We have perused the affidavit filed in support of the application for condonation of delay and we are satisfied with the explanation offered for not preferring the appeal within the period of limitation and, therefore, the delay in filing the appeal i .....

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..... Advocates for the parties and carefully perused the materials on record. The legal issue involved in this appeal is squarely covered by the decision of three High Courts in favour of the assessee. The first of which is in the case of CIT v.PVP Ventures Ltd. [2012] 23 taxmann.com 286 and followed by the decision in CIT-v.-Lemon Tree Hotels Ltd., [2019] ITA No. 107 of 2015 dated 18.08.2015, High Co .....

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