The Delay In Filing Of The Appeal Is Condoned v. In View Of The Above, This Appeal Stands Dismissed

ITA-117-2016 (COMMISSIONER OF INCOMETAX BHOPALVs M/S MADHYA PRADESHS POORVA KSHETRAVIDYUT VITRAN COMPANY LTD.) 19-10-2016 Shri Sanjay Lal for the appellant. Shri Sapan Usrethe for the respondent. Heard on I.A. No.12841/2016, an application forcondonation of delay. The delay in filing of the appeal is condoned. In view of the principle laid down by the Delhi HighCourt in the case of Commissioner of Income Tax (CIT)Vs. Delhi Transco Limited, (2016) 380 ITR 398; upheldby the Supreme Court in the SLP No.1387/2016 (CIT Vs.Delhi Transco Limited); and, further judgment of theKarnataka High Court in the case of CIT, Bangalore Vs.Hubli Electric Supply Company Limited, (2016) 237TAXMAN 7; and, the judgment of the Bombay High Court inthe case of CIT Vs. Maharashtra State ElectricityDistribution Company Limited (2015) 375 ITR 23, wesee no case for interference as the question of law raised inthis appeal by the revenue has already been decided againstthe revenue in the judgments referred to hereinabove andthe same has been upheld by the Supreme Court, whiledismissing the SLP filed by the revenue in the case of DelhiTransco Limited (supra). In view of the above, this appeal stands dismissed. (RAJENDRA MENON)ACTING CHIEF JUSTICE (SMT. ANJULI PALO)JUDGE aks