2019 (10) TMI 1536

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..... Ms. Asiya, Advocates. O R D E R CM APPL. 44786/2019 Issue notice. Learned counsel for the respondent accepts notice. Considering the fact that the delay in filing the appeal is 30 days, learned counsel for the respondent fairly does not oppose the application. Accordingly, the same is allowed. The application stands disposed of. ITA 891/2019 The Department has preferred the present app .....

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..... assessment year 2013-14 in ITA No. 6565/Del/2017. It appears that no further appeal was filed by the Revenue from the said decision. The extract from the order passed by the Tribunal in ITA No. 6565/Del/2017 reads as follows: "6. Having heard the rival contentions and having perused the material on record, we are unable to see any merits in the impugned ALP adjustment of Rs. 23,83,92,783 on, wh .....

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..... ng judicial precedent from Hon'ble jurisdictional High Court has been challenged by the revenue authorities before the Hon'ble Supreme Court. The binding nature of a judicial precedent, as long as it holds the field i.e. is not overturned, remains unaffected by whether or not it has been challenged before a higher forum. As a corollary to this legal position, the impugned addition of Rs.23 .....

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