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2012 Supreme(Del) 353

SANJAY KISHAN KAUL, RAJIV SHAKDHER
CIT – Appellant
Versus
Virtual Soft Systems Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Ms. Rashmi Chopra, Advocate.
For the Respondent:S. Krishnan, Advocate.

JUDGMENT

RAJIV SHAKDHER, J

1. The captioned appeals lay challenge to a common judgment of the Income Tax Appellate Tribunal, Delhi Bench, New Delhi (in short the Tribunal) passed on 19.02.2010. The only point raised in the captioned appeals is: whether an assesse’ sleased rental income could be allowed to be reduced by taking recourse to lease equalization charges.

2. It is relevant to note that before the Tribunal the assessment years (in short AY) in issue were: AYs 1996-97 to 2000-01. Thus, the Tribunal, by virtue of the impugned judgment dealt in all with five (5) appeals being ITA Nos. 117, 118, 119, 120 & 2292/Del/2006&04. In so far as the first appeal was concerned, that is, the one relating to 1996-97, the challenge before the Tribunal was laid vis-a-vis the order dated 26.03.2004, passed by the Commissioner of Income Tax (in short CIT) under Section 263 of the Income Tax Act, 1961 (in short the I.T. Act). The issue on merits was the same as indicated hereinabove by us. As regards the remaining four (4) appeals, what was challenged before the Tribunal was a common order of the Commissioner of Income Tax (Appeals) [in short the CIT(A)] dated 15.09.2003 pertaining to AY 1997-9












































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