Commissioner of Income Tax v. Indian Oil Panipat Power Consurtium Ltd

MANMOHAN, J

¶1The 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.

¶2On 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

#10 * 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? 2. To be referred to the Reporter or not? 3. Whether the judgment should be reported in the Digest?