IN  THE  HIGH  COURT  OF  DELHI  AT  NEW  DELHI

                    ITA 203/2002

          COMMISSIONER OF INCOME TAX DEL      ..... Appellant
                                   Through  Mr.J.R.Goel, Adv.

                              versus

          M/S BHARAT HOTELS LTD.              ..... Respondent
                       Through  Ms.Ratna Dwivedi Dhingra, Adv.

          CORAM:
          HON'BLE MR. JUSTICE D.K. JAIN
          HON'BLE MS. JUSTICE SHARDA AGGARWAL

                              O R D E R
                             -----------
                            13.09.2002

                 Admit.   The following questions are framed  for
          adjudication:

                  1.    "Whether   the  Tribunal   was  right  in
                        holding  that the amount received by  the
                        assessee  from the  allottees/sub-lessees
                        is not taxable as revenue receipt ? "

                  2.    "Whether the Tribunal was right in law in
                        deleting  the  interest   charged   under
                        Section 217 of the Income Tax Act, 1961?"

                 The appellant shall file within three months ten
          copies  of the cyclostyled paper books, containing  all
          documents  on  which  reliance was  placed  before  the
          Tribunal,  including  any order/orders, either  in  the
          case  of  the assessee itself or in case of  any  other
          assessee, which has been followed by the Tribunal.
                 The  appeal be listed for hearing in the regular
          course along with ITAs No.69 to 73/2000.



                                                 D.K. JAIN, J



          SEPTEMBER 13, 2002               SHARDA AGGARWAL, J