The Commissioner Of Income Tax vs Indian Oil Panipat Power ...
2010 Latest Caselaw 4580 Del

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*       IN THE HIGH COURT OF DELHI AT NEW DELHI

+       ITA 1483/2010

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

                         versus

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

Through: None

AND

+ ITA 1482/2010

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. Present appeals have been filed under Section 260A of Income

Tax Act, 1961 (in short „the Act‟) challenging the common order dated

29th September, 2009 passed by the Income Tax Appellate Tribunal (in

short "Tribunal") in ITA Nos. 3366/Del/2009 and 3367/Del/2009, for

the Assessment Years 2001-02 and 2002-03 respectively.

2. Mr. Sanjeev Sabharwal, learned counsel for Revenue fairly

submitted at the Bar that the present two appeals pertain to imposition

of penalty under Section 271(1)(C) of the Act and the quantum appeals

with regard to these assessment years have already been dismissed by

this Court vide order dated 26th February, 2009 in ITA Nos. 1156 &

1157/2007.

3. Since the quantum appeals have already been dismissed, the

present appeals challenging imposition of penalty have to be and are

accordingly dismissed but without any order as to costs.

MANMOHAN, J

CHIEF JUSTICE SEPTEMBER 28, 2010 ng