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2023 Supreme(SC) 327

M. R. SHAH, B. V. NAGARATHNA
Mansarovar Commercial Pvt. Ltd. – Appellant
Versus
Commissioner of Income Tax, Delhi – Respondent


Advocates appeared:
For the Appellant(s) : Mr. G. Umapathy, Sr. Adv. Mr. Rohit K. Singh, AOR Mr. Adityasingh, Adv. Mr. Aditya Singh, Adv. Mr. Pritam Bishwas, Adv.
For the Respondent(s): Mr. N Venkatraman, A.S.G. Mr. Raj Bahadur Yadav, AOR Mr. H R Rao, Adv. Mrs. Gargi Khanna, Adv. Mr. S A Haseeb, Adv. Mr. Pranay Ranjan, Adv. Mr. Devashish Bharukha, Adv. Mr. Sughosh Subramanium, Adv. Mr. Bhuvan Kapoor, Adv. Mr. Rajat Nair, Adv. Mr. Vikrant Yadav, Adv.

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 22.02.2016 passed by the High Court of Delhi at New Delhi in Income Tax Appeal Nos. 162/2002, 164/2002, 165/2002, 167/2002 & 168/2002, by which the High Court has allowed the said appeals preferred by the Revenue and has quashed and set aside the common order dated 08th January, 2002 passed by the Income Tax Appellate Tribunal, New Delhi (for short, ‘ITAT’) for Assessment Years 1987-88, 1988-89 and 1989-90 and restored the orders passed by the Assessing Officer, upheld by the Commissioner of Income Tax (Appeals) (for short, ‘CIT(A)), the respective assessees have preferred the present appeals.

Facts:

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

The respective assessees, namely, Mansarovar Commercial Private Limited, Sovereign Commercial Private Limited, Swastik Commercial Private Limited, Trishul Commercial Private Limited and Pasupati Nath Commercial Private Limited were incorporated under the Registration of Companies (Sikkim) Act, 1961. Each of the assessee companies claim to be carrying on the business of commercial agents in cardamon and other a


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