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TMI Blog2022 (10) TMI 1264X X X X Extracts X X X X X X X X Extracts X X X X ..... 22 The Court:- Heard Mr. Tilak Mitra, learned Advocate for the appellant / revenue. Though notice was sent to the respondent/assessee the same was returned unclaimed. There is a delay of 964 days in filing the appeal. Since the legal issue involved in this appeal is covered by a earlier decision of this Court in favour of the revenue we exercise discretion and condone the delay in filing the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titious Long Term Capital Gains of Rs. 19,48,385/- in favour of the instant assessee which is also claimed as exempted income tax u/s 10(38) of the Income Tax Act, giving rise thereby to the vice of perversity in the process of decision making ? (ii) Whether on the facts and the circumstances of the case the Learned Income Tax Appellate Tribunal erred in cancelling the disallowance of Long Term ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bunal but the Tribunal chose to follow the decision of the Coordinate Bench in I.T.A. No. 354/Kol/2018 dated 24th August, 2018. In fact, in the said decision the earlier decision was affirmed. Those decisions were appealed against in the case of Principal Commissioner of Income Tax Vs. Swati Bajaj, SCC online Cal 1572 the appeal filed by the revenue were allowed and the substantial questions of la ..... X X X X Extracts X X X X X X X X Extracts X X X X
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