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2023 Supreme(Del) 3493

RAJIV SHAKDHER, TARA VITASTA GANJU
Principal Commissioner of Income Tax-7 – Appellant
Versus
Polyplex Corporation Ltd. – Respondent


Advocates appeared:
Mr Kunal Sharma, Sr Standing Counsel with Ms Zehra Khan, Advocate, for the Appellant.
Mr Ved Jain with Mr Nischay Kantoor, Advocates, for the Respondent.

JUDGMENT

Rajiv Shakdher, J.

Prefatory Facts

1. The above-captioned appeals, which are four (4) in number, are directed against a common order dated 24.01.2019 [hereafter referred to as "impugned order"] passed by the Income Tax Appellate Tribunal [in short, "Tribunal"].

1.1. The impugned order concerns Assessment Years (AY) 2010-11 (ITA 573/2019), 2011-12 (ITA 574/2019), 2012-13 (ITA 571/2019) and 2013-14 (ITA 575/2019).

2. The disputants before us, via their respective counsel, have conveyed that the controversy at hand is common to all four AYs and therefore, a decision rendered vis-a-vis one AY, will cover and/or apply to the remaining AYs as well. Notably, this position was also adopted before the Tribunal.

3. Accordingly, as was the case before the Tribunal, we will be adverting to the facts, as obtained in AY 2010-11.

4. Before we proceed further, we may indicate that the broad issue which arose for consideration before the statutory authorities [including the Tribunal] and us, concerns the following:

4.1. The respondent/assessee claims that it is eligible for tax credi

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