COMMISSIONER OF INCOME TAX vs. SPIRIT GLOBAL CONSTRUCTION PVT.LTD

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ITA/198/2018HC DelhiDLHC01009712201818 July 2023Bench: HON'BLE MR. JUSTICE RAJIV SHAKDHER,HON'BLE MR. JUSTICE GIRISH KATHPALIA2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court decided the common question of law against the appellant (revenue) and in favour of the respondent (assessee). Therefore, the same outcome applies to these appeals.

What were the facts?

The appeals concern Assessment Years 2011-12 and involve common questions of law. The facts in these appeals are identical to those in ITA 191/2018.

What were the issues?

The appeals revolve around a common question of law that was decided against the revenue in a related case.

AI-generated summary — verify with the full judgment below

ITA 191/2018

Pg. 1 of 2

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgement reserved on: 09.02.2023 %

Judgement pronounced on : 18.07.2023

+ ITA 192/2018

COMMISSIONER OF INCOME TAX

..... Appellant

versus

SPIRIT INFRADEVELOPERS

..... Respondent

+ ITA 193/2018

COMMISSIONER OF INCOME TAX

..... Appellant

versus

SPIRIT INFRASTRUCTURE PVT.LTD.

..... Respondent

+ ITA 198/2018

COMMISSIONER OF INCOME TAX

..... Appellant

versus

SPIRIT GLOBAL CONSTRUCTION PVT.LTD ..... Respondent

Present: Mr Kunal Sharma, Sr. Standing Counsel and Ms Zehra Khan, Jr. Standing Counsel with Mr S. Bhattacharya, Adv. for appellant. Mr S. Krishnan and Mr Amandeep Mehta, Advs. for the respondent.

CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER HON'BLE MS. JUSTICE TARA VITASTA GANJU

RAJIV SHAKDHER, J.:

1.

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- Digitally Signed By:ATUL JAIN Signing Date:19.07.2023 15:13:09 Signature Not Verified

ITA 191/2018

Pg. 2 of 2

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.

(RAJIV SHAKDHER) JUDGE

(TARA VITASTA GANJU) JUDGE

JULY 18th, 2023

Digitally Signed By:ATUL JAIN Signing Date:19.07.2023 15:13:09 Signature Not Verified

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