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2023 Supreme(Del) 3491

RAJIV SHAKDHER, TARA VITASTA GANJU
Commissioner of Income Tax – Appellant
Versus
Spirit Infradevelopers – Respondent


Advocates appeared:
Mr Kunal Sharma, Senior Standing Counsel and Ms Zehra Khan, Jr. Standing Counsel with Mr S. Bhattacharya, Advocate, for the Appellant.
Mr S. Krishnan and Mr Amandeep Mehta, Advocates, for the Respondent.

JUDGMENT

Rajiv Shakdher, J. The above-captioned appeals concern Assessment Years (AYs) 2011-12.

2. On 09.02.2023, we indicated that the facts which obtain in the above-captioned appeals are pari materia with the facts that arise in ITA 191/2018.

2.1. It was also submitted by the counsels for the parties that the decision taken in the said appeal i.e., ITA 191/2018, would also apply to the above-captioned appeals.

3. Since, in ITA 191/2018, we have decided the common question of law arising in ITA 191/2018 and the above-captioned appeals against the appellant/revenue and in favour of the respondent/assessee, the same fate will follow in these appeals as well. It is ordered accordingly.

4. The appeals are, accordingly, closed.

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