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$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 2&3 +
ITA 625/2015
COMMISSIONER OF INCOME TAX -1
..... Appellant
Through: Mr. Kamal Sawhney, Senior Standing
counsel, Mr. Raghvendra Singh, Junior Standing
counsel.
versus
AGYA CROWNS & TOPS (P) LTD.
..... Respondent
And
ITA 626/2015
COMMISSIONER OFINCOME TAX-L
..... Appellant
Through: Mr. Kamal Sawhney, Senior Standing
counsel, Mr. Raghvendra Singh, Junior Standing
counsel.
versus
AGYA CROWNS & TOPS (P) LTD.
..... Respondent
CORAM: HON'BLE DR. JUSTICE S.MURALIDHAR HON'BLE MR. JUSTICE VIBHU BAKHRU
O R D E R %
04.09.2015 CM APPL No. 16106 of 2015 (exemption) in ITA No. 626 of 2015 1. Allowed, subject to all just exceptions.
The application is disposed of.
ITA No. 625 of 2015 and ITA No. 626 of 2015
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CM APPL No. 16103 of 2015 (delay) in ITA No. 625 of 2015 CM APPL No. 16107 of 2015 (delay) in ITA No. 626 of 2015
For the reasons stated in the applications, the delay in re-filing the appeals is condoned.
The applications are allowed. ITA No. 625 of 2015 and ITA No. 626 of 2015
These appeals by the Revenue under Section 260A of the Income Tax Act, 1961 (‘Act’) are directed against the common order dated 8th 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.
These are penalty appeals against the deletion by the ITAT of the penalties imposed against the 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 nil income for the AYs in question.
The tax effect as far as AY 2007-08 is concerned is Rs.4,00,000 and for ITA No. 625 of 2015 and ITA No. 626 of 2015
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AY 2008-09 it is Rs. 6,30,000. Consequently, this Court declines to frame any substantial question of law in these cases.
The appeals are dismissed.
S.MURALIDHAR, J
VIBHU BAKHRU, J SEPTEMBER 04, 2015 mg
ITA No. 625 of 2015 and ITA No. 626 of 2015
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