JUDGMENT

[Physical Hearing/Hybrid Hearing (as per request)]

Rajiv Shakdher, J. (Oral):

CM No.6063/2023 [Application filed on behalf of the appellant seeking condonation of delay of 331 days in re-filing the appeal]

1. This is an application moved on behalf of the appellant/revenue seeking condonation of delay in re-filing the appeal.

1.1. According to the appellant/revenue, there is a delay of 331 days.

2. For the reasons given in the application, the delay is condoned.

3. The application is, accordingly, disposed of.

ITA 72/2023

4. This is an appeal preferred against the order dated 31.05.2019 passed by the Income Tax Appellate Tribunal [in short, "Tribunal"]. The appeal concerns Assessment Year (AY) 2012-13.

5. The short point, even according to Mr Zoheb Hossain, who appears on behalf of the appellant/revenue, is whether the income received by way of fee by the respondent/assessee, is amenable to deduction under Section 10(26AAB) of the Income Tax Act, 1961 [in short, "1961 Act"].

6. The facts which have emerged from the record [and which are not in dispute], are the following:

(i) The respondent/assessee had filed its return on 29.09.2012 declaring a loss of Rs.2,23,585/- after