COMMISSIONER OF INCOME TAX Vs. BENDA AMTEK LTD.

JUDGEMENT

(1.) MR . Agarwal accepts notice for the respondent -assessee. With consent, we have heard learned counsel for the parties at this stage for final disposal of the appeal.

(2.) THE present appeal arises out of an order passed by the Tribunal whereby the appeal preferred by the Revenue against the deletion of penalty by the CIT(A) has been dismissed. The following two issues are raised by the appellant before us for determination :

(3.) THE above questions had been framed in a batch of cases titled CIT vs. Aditya Chemicals Ltd. and Ors., IT Appeal 205 of 2001 [reported at (2005) 197 CTR (Del) 241 - -Ed.] and connected matters and were answered in favour of the Revenue and against the assessee. This Court had, in the said cases, held as under :