The Commissioner Of Income Tax v. Indian Oil Panipat Power Consortium Ltd

$~ * 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: 28[th] 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 ITA 1483, 1482/2010 Page 1 of 2 Tax Act, 1961 (in short „the Act‟) challenging the common order dated 29[th ] 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 26[th] 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 SEPTEMBER 28, 2010 ng CHIEF JUSTICE ITA 1483, 1482/2010 Page 2 of 2