SHERVANI HOSPITALITIES LTD

IN THE HIGH COURT OF DELHI AT NEW DELHI . . . ITA 804/2011 . . . SHERVANI HOSPITALITIES LTD ..... Appellant . Through: Mr. Ajay Vohra, Mr. Amit Sachdeva, Advs. . . . versus . . . . . CIT ..... Respondent . Through: Mr. Kamal Sawhney, Adv. . . . . . CORAM: . HON'BLE MR. JUSTICE SANJIV KHANNA . HON'BLE MR. JUSTICE R.V.EASWAR . . . . . O R D E R . 19.12.2011 . . . CM No.11776/2011 . There is delay of 244 days in filing of the present appeal. It is stated that the appellant wanted to withdraw the present appeal and wanted to bring the litigation to end. We condone the delay subject to payment of costs of Rs.10,000/- to the respondent. Costs will be paid within a period of four weeks. . Application is disposed of. . ITA 804/2011 . . . Heard. . . . Admit. . . . The following substantial question of law is framed:- . . . ?Whether the Income Tax Appellate Tribunal was justified in upholding levy of penalty under Section 271(1)(c) of the Income Tax Act, 1961?. . . . We are not framing a substantial question on issue of limitation as there is a judgment against the assessee of the Delhi High Court. In case the judgment or the ratio is reversed by the Supreme Court, the assessee will be at liberty to raise this question at the time of hearing. . Filing of printed paper book is dispensed with. Liberty is however given to the parties to file material/documents which were filed before the authorities/Tribunal. The said documents will be filed within a period of 12 weeks. . List in regular matters in due course. . Liberty is granted to the parties to ask for early disposal. . . . . . . . SANJIV KHANNA, J. . . . . . . . R.V.EASWAR, J. . DECEMBER 19, 2011 . mm . . . 6 . $ .