DCIT,, New Delhi v. M/s National Thermal Power Corp. Ltd.,, New Delhi

MA 394/DEL/2010 | 1999-2000
Pronouncement Date: 21-01-2011 | Result: Allowed

Appeal Details

RSA Number 39420124 RSA 2010
Bench Delhi
Appeal Number MA 394/DEL/2010
Duration Of Justice 5 month(s) 15 day(s)
Appellant DCIT,, New Delhi
Respondent M/s National Thermal Power Corp. Ltd.,, New Delhi
Appeal Type Miscellaneous Application
Pronouncement Date 21-01-2011
Appeal Filed By Department
Order Result Allowed
Bench Allotted I
Tribunal Order Date 21-01-2011
Assessment Year 1999-2000
Appeal Filed On 06-08-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH F DELHI BEFORE SHRI A.D. JAIN AND SHRI K.G. BANSAL M.A. NOS. 394 & 395(DEL)/2010 (ARISING OUT OF ITA NOS. 2709 & 2710(DEL)/2009) ASSESSMENT YEARS: 1999-00 & 2001-02 DEPUTY COMMISSIONER OF INCOME NATIONAL THER MAL POWER CORPORATION TAX CIRCLE 13(1) NEW DELHI. VS. LTD. NTPC BHAWAN CORE-7 SCOPE COMPLEX LODHI ROAD NEW DELHI. (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI AMRENDRA KUMAR SR. DR RESPONDENT BY: S HRI V. MOHAN A.R. ORDER PER K.G. BANSAL : AM IN THIS CASE THE TRIBUNAL HAD PASSED A CONSOLI DATED ORDER FOR ASSESSMENT YEAR 1999-00 AND 2001-02 TO 2002-03 ON 19.8.2009 IN WHICH THE APPEALS OF THE REVENUE WERE DISMISSED IN LIM INE AS PERMISSION TO FILE THE APPEALS HAD NOT BEEN TAKEN FROM THE COD. IN PARAGRAPH NO. 5 THE ASSESSEE WAS GIVEN THE LIBERTY TO APPROACH THE TRIBUNAL FOR REVIVAL OF APPEALS AS AND WHEN THE APPROVAL IS ACCORDED. 2. THE REVENUE HAS NOW FILED TWO MISCELLANEOUS AP PLICATIONS AS ABOVE REQUESTING THE TRIBUNAL TO RECALL THE ORDER IN SO FAR AS IT RELATES TO MA NOS. 394 & 395(DEL)/2010 2 ASSESSMENT YEARS 1999-00 AND 2001-02. FOR ASS ESSMENT YEAR 1999-00 THE REVENUE HAS BEEN ACCORDED APPROVAL TO PROSE CUTE THE APPEAL IN RESPECT OF THE FOLLOWING GROUNDS IN TERMS OF T HE MINUTES OF MEETING HELD AT SARDAR PATEL BHAWAN NEW DELHI AT 3.00 P.M. ON 7.1.2010: WHETHER CIT(A) HAS ERRED IN : (1) ALLOWING THE ASSESSEES CLAIM OF DEDUCTION U/S 80 IA OF THE INCOME-TAX ACT 1961 IN RESPECT OF EIGHT STEA M UNIT OF COMBINED CYCLE GAS POWER STATION (CCGPS); (2) DELETING THE ADDITION ON ACCOUNT OF INCOME TAX RECOVERABLE FROM STATE ELECTRICITY BOARDS. 2.1 THE REVENUE HAS ALSO BEEN ACCORDED APPROVAL T O PROSECUTE THE APPEAL FOR ASSESSMENT YEAR 2001-02 ON THESE VERY GROUNDS. THE GROUNDS AS MENTIONED IN THE APPROVAL READ AS UNDER:- WHETHER CIT(A) HAS ERRED IN : (1) ALLOWING THE ASSESSEES CLAIM OF DEDUCTION U/S 80 IA; (2) DELETING THE ADDITION ON ACCOUNT OF INCOME TAX RECOVERABLE FROM STATE ELECTRICITY BOARDS. 3. BEFORE US BOTH THE PARTIES SUBMITTED THE AFORESAID TWO APPEALS MAY BE RECALLED SO THAT THE GROUNDS MAY BE DECI DED ON MERITS NOW. MA NOS. 394 & 395(DEL)/2010 3 4. HAVING CONSIDERED THE SUBMISSIONS OF BOTH THE PARTIES WE CALL THE ORDER PASSED ON 19.08.2009 IN SO FAR AS IT RELA TES TO ASSESSMENT YEARS 1999-00 AND 2001-02 WITH A VIEW TO DECIDE THE AFORESAID TWO GROUNDS ON MERITS AFTER HEARING BOTH THE PARTIES. 5. IN THE RESULT BOTH THE APPLICATIONS ARE ALLO WED. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT ON 21 ST JANUARY 2011. SD/- SD/- (A.D.JAIN) (K.G.B ANSAL) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE OF ORDER: 21.01.2011. SP SATIA COPY OF THE ORDER FORWARDED TO:- NATIONAL THERMAL POWER CORPORATION LTD. NEW DELH I. DCIT CIRCLE 13(1) NEW DELHI. CIT(A) CIT THE DR ITAT NEW DELHI. ASSISTANT REGISTRAR.