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2018 Supreme(SC) 415

R.K.AGRAWAL, A.M.SAPRE
Commissioner of Income Tax-VI – Appellant
Versus
Virtual Soft Systems Ltd. – Respondent


Advocates Appeared:
For the Appellants : K. Radhakrishnan, Sr. Adv., Mrs. Anil Katiyar, Advs.
For the Respondents:- Mrs. Rani Chhabra, Santosh Kumar-I, Nikhil Nayyar, Advs.

JUDGMENT

R.K. Agrawal, J.

SLP (C) No. 25006 of 2012

Leave granted.

2. This batch of appeals has been filed against the impugned judgment and order dated 07.02.2012 passed by the High Court of Delhi at New Delhi in ITA Nos. 216, 398, 403, 404 and 680 of 2011 whereby the Division Bench of the High Court upheld the decision of the Income Tax Appellate Tribunal (in short 'the Tribunal') dated 19.02.2010. Since the moot question of law in all these appeals is akin, hence, vide this common judgment, all the appeals would stand disposed of.

3. In order to appreciate the controversy at hand, it is pertinent to allude to the relevant facts in a summarized way for the proper insightful of the instant case.

(a) The appellant herein is the Income Tax Department, on the other hand, the Respondent - M/s Virtual Soft Systems Ltd. is a company registered under the provisions of the Companies Act, 1956.

(b) On 29.12.1999, the Respondent filed return of income for the Assessment Year 1999-2000 declaring loss of Rs. 70,24,178/- while claiming an amount of Rs. 1,65,12,077/- as deduction for lease equalization charges.

(c) On scrutiny, the Assessing Officer, after perusal of the return and hearing the parties,





































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