(1.) IN this appeal under Section 260A of the Income Tax Act, 1961 ('Act'), the Revenue is aggrieved by an order dated 16th September, 2005, passed by the Income Tax Appellate Tribunal, New Delhi Bench 'A' (Tribunal) in ITA No. 1684/Del/2002 relevant for the assessment year 1998 -99.
(2.) IN the concluding paragraph of the assessment order, the Assessing Officer recorded as follows: Assessed. Tax as per law and charge interest as applicable. Penalty proceedings Under Section 271(1)(c) have been initiated separately.
(3.) WE may note at this stage that the decision of this Court in Ram Commercial Enterprises Ltd. has been approved by the Supreme Court in Dilip N. Shroff v. Joint Commissioner of Income Tax : [2007]291ITR519(SC) and T. Ashok Pai v. Commissioner of Income Tax : [2007]292ITR11(SC) .