IN THE HIGH COURT OF DELHI AT NEW DELHI 
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   ITA 77/2012  
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 KHANNA AND ANNADHANAM        ..... Appellant 
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 Through Mr. Ajay Vohra, Ms. Kavita Jha and Mr. Somnath Shukla, Advs. 
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 versus 
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 CIT            ..... Respondent 
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 Through Mr. Kamal Sawhney, Adv. 
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 CORAM: 
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 HON'BLE MR. JUSTICE SANJIV KHANNA 
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 HON'BLE MR. JUSTICE R.V.EASWAR 
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 O R D E R 
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              30.01.2012 
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 C.M.No.1747/2012 
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 Exemption allowed subject to all just exceptions. 
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 The application is disposed of. 
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 ITA 77/2012 
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 It is pointed that quantum appeal being ITA 1286/2008 was admitted 
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 by this Court vide order dated 8th September, 2010.  Learned counsel for the appellant has drawn our attention to notes, which were attached to 
 the return of income. 
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 Admit. 
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 The following substantial question of law is framed:- 
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 ?(i) Whether the Income Tax Appellate Tribunal was justified in holding 
 that penalty under Section 271(1) (c) of the Income Tax Act, 1961 should 
 have been imposed in the present case? 
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 Filing of printed paper book is dispensed with.  However, liberty 
 is granted to the parties to file documents/material, which were filed 
 before the authorities/tribunal within a period of 12 weeks. 
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 List in the category of ?Regular Matters? along with ITA No. 
 1286/2008.  Liberty is granted to the appellant to ask for early hearing 
 of this appeal and ITA 1286/2008. 
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 C.M.No.1748/2012 
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 We are not inclined to grant stay. 
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 It is pointed out that the appellant has already deposited Rs.25 
 lacs and the balance amount payable is Rs.21.28 lacs.  The appellant 
 should deposit the balance amount within a period of four weeks.  The 
 deposit made, will abide by the final outcome of the appeal. 
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 The application is accordingly disposed of. 
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 SANJIV KHANNA, J. 
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 R.V. EASWAR, J. 
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 JANUARY 30, 2012 
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 NA 
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 $ 41, 42 and 43 
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