COMMISSIONER OF INCOME TAX vs. GRAPECITY INDIA P. LTD.

IN THE HIGH COURT OF DELHI AT NEW DELHI . . . ITA 947/2010 . . COMMISSIONER OF INCOME TAX ..... Appellant Through: Mr. Sanjeev Sabharwal, Advocate. . versus . . GRAPECITY INDIA P. LTD. ..... Respondent Through: None. . . CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE MANMOHAN . O R D E R 27.07.2010 C.M. No. 12674/2010 (Condonation of delay) .

This is an application for condonation of delay of 220 days in refiling the appeal. We have heard Mr. Sanjeev Sabharwal, learned counsel for the appellant. Regard being had to the averments made in the application, we find sufficient cause for condonation of delay and accordingly, delay of 220 days in re- filing the appeal is condone. Accordingly, application stands disposed of. . . ITA 947/2010 page 1 of 2. . . ITA 947/2010 The present appeal preferred under Section 260A of the Income Tax Act, 1961 (in short ?Act?) is admitted on the following substantial questions of law:- 3. Whether the I.T.A.T. was correct in law in deleting the addition of Rs.47,96,455/- made by the Assessing Officer under Section 10A of the Income Tax

Act, 1961? . 4. Whether the order of I.T.A.T. is perverse as it has ignored the provisions of Section 10A(4) of the Income Tax Act? . Issue notice. Filing of paper book stands dispensed with. . . CHIEF JUSTICE . . . MANMOHAN, J JULY 27, 2010 js . . . . . . . . . . ITA 947/2010 page 2 of