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COMMISSIONER OFINCOME TAX -1 Appellant
Through:Mr.Kamal Sawhney,Senior Standing counsel,Mr.Raghvendra Singh,Junior Standing counsel.
COMMISSIONER OFINCOME TAX-L Appellant
Through:Mr.Kamal Sawhney,Senior Standing counsel,Mr.Raghvendra Singh,Junior Standing counsel,
HON'BLE MR.JUSTICE VIBHU BAKHRU
04.09.2015 CM APPL No.16106 of2015(exemptionjin ITA No.626 of2015
ORDER
1. Allowed,subjectto alljust exceptions.
2. The application is disposed of. ITA No.625of2015andITA No.626of2015 PageI of[3] 2015:DHC:11432-DB CM APPL No.16103 of2015(delay)in ITA No.625 of2015 CM APPL No.16107 of2015(delay)in ITA No.626 of2015
3. For the reasons stated in the applications,the delay in re-filing the appeals is condoned.
4. The applications are allowed. ITA No.625 of2015 and ITA No.626 of2015
5. These appeals by the Revenue under Section 260A of the Income Tax Act, 1961 ('Act') are directed against the common order dated 8^'' August 2014 passed by the Income Tax Appellate Tribunal('ITAT')in ITA Nos. 6104-6105/Del/2012 for the Assessment Years('AYs')2007-08 and 2008-
09.
6. These are penalty appeals against the deletion by the ITAT of the penalties imposed againstthe Respondent Assessee under Section 271(1)(c) of the Act arising from the purported inadmissible claim made by the Respondent Assessee under Section 115 JB of the Act and filing returns showing nilincome for the AYs in question.
7. The tax effect as far as AY 2007-08 is concerned is Rs.4,00,000 and for ITA No.625of2015andITA No.626of2015 Page2of[3] AY 2008-09 it is Rs. 6,30,000. Consequently,this Court declines to frame any substantial question oflaw in these cases.
8. The appeals are dismissed.
SEPTEMBER 04,2015 mg S.MURALIDHAR,J VIBHU BAKHRU,J ITA No.625of2015andlTA No.626of2015 Page3of[3]