The Commissioner Of Income Tax vs Indian Oil Panipat Power ...
2010 Latest Caselaw 4579 Del

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*       IN THE HIGH COURT OF DELHI AT NEW DELHI

+       ITA 1481/2010

THE COMMISSIONER OF INCOME TAX          ..... Appellant
                 Through: Mr. Sanjeev Sabharwal, Advocate

                         versus

INDIAN OIL PANIPAT POWER CONSORTIUM LTD.
                                   ..... Respondent

Through: None

% Date of Decision: 28th September, 2010

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE MANMOHAN

1. Whether the Reporters of local papers may be allowed to see the judgment? No

2. To be referred to the Reporter or not? No

3. Whether the judgment should be reported in the Digest? No

MANMOHAN, J

1. The present appeal has been filed under Section 260A of Income

Tax Act, 1961 challenging the order dated 18th September, 2009 passed

by the Income Tax Appellate Tribunal (in short "Tribunal") in ITA No.

729/Del/2006, for the Assessment Year 2003-04.

2. On a perusal of the impugned order, it is apparent that the

Tribunal has dismissed the Revenue's appeal relying upon the judgment

of this Court in ITA Nos. 1156 & 1157/2007 in the case of the

respondent-assessee itself wherein similar issue had been rejected by

this Court in respect of assessments for assessment years 2001-02 and

2002-03. Consequently, following the judgment of the Coordinate

Bench of this Court in ITA Nos. 1156 & 1157/2007, we dismiss the

present quantum appeal but without any order as to costs.

MANMOHAN, J

CHIEF JUSTICE SEPTEMBER 28, 2010 ng