TMI Blog2017 (9) TMI 745X X X X Extracts X X X X X X X X Extracts X X X X ..... ision in National Hydroelectric Power Corpn. Ltd. v. Commissioner of Income Tax [2010 (1) TMI 281 - SUPREME COURT]. This was obviously a debatable issue that did not warrant penalty. Recovery of transmission charges - ITAT noticed adequate disclosure had been made by the Assessee in Note Nos. 14(D) and 17 of the audited accounts of the Assessee. Therefore, there was no failure on the part of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is condoned. These applications stand disposed of accordingly. ITA No. 595/2017 ITA No. 725/2017 3. The Revenue is in appeal against a common order dated 9th January 2017 passed by the Income Tax Appellate Tribunal ( ITAT ) in ITA No. 191/Del/2013 for Assessment Year ( AY ) 2005-06 and ITA No. 189/Del/2013 for AY 2006-07. 4. The appeals concern the setting aside of the penalty under Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the second issue of recovery of transmission charges, the ITAT noticed adequate disclosure had been made by the Assessee in Note Nos. 14(D) and 17 of the audited accounts of the Assessee. Therefore, there was no failure on the part of the Assessee to make a complete disclosure. In the facts and circumstances, the impugned order of the ITAT deleting the penalty under Section 271 (1) (c) of the Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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