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2022 Supreme(SC) 1188

M. R. SHAH, M. M. SUNDRESH
Commissioner of Income Tax -23 – Appellant
Versus
Mansukh Dyeing and Printing Mills – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Rupesh Kumar, Adv. Mr. Raj Bahadur Yadav, AOR
For the Respondent(s): Mr. Kaustubh Shukla, Adv. Ms. Nancy Shamim Adv Lakshmeesh S Kamat Adv Ms. Isha Vatsa Adv Mr. Parijat Kishore Adv Mr. Rahul Shyam Bhandari Adv Mr. Konark Tyagi Adv Mr. Ankur Kashyap Adv Mr. Hasan Murtuza Adv Mr. Abhay Singh Adv. Smiriti Ahuja Adv Mr. Vinodh Kanna B. AOR

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 24.06.2013 passed by the High Court of Bombay passed in Income Tax Appeal No. 1074 of 2009 (relating to A.Y. 1993-1994) and the judgment and order dated 24.06.2013 passed in Income Tax Appeal No. 1174 of 2009 (relating to A.Y. 1994-1995) by which with respect to the same assessee – M/s. Mansukh Dyeing and Printing Mills, a partnership firm, the High Court has dismissed the said appeals and has confirmed the respective orders passed by the Income Tax Appellate Tribunal (hereinafter referred to as “ITAT”) deleting the short term capital gains addition made by the Assessing Officer (AO), the Revenue has preferred the present appeals.

2. The facts leading to the present appeals in nutshell are as under :-

2.1 The respondent assessee, a partnership firm originally consisted of four partners (all brothers) engaged in the business of Dyeing and Printing, Processing, Manufacturing and Trading in Clothing. Under the Family Settlement dated 02.05.1991, the share of one of the existing partners – Shri M.H. Doshi having 25% profit share in the firm was reduced to 12% and, for his balance 13% s


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