Noida Power Co. Ltd., Noida V. DCIT, Circle-2, Noida

ITA 4455/DEL/2018

AI Insights

The case involved Noida Power Company Limited appealing against the order of the Learned Commissioner of Income Tax (Appeals)-1, Noida, which pertained to the Assessment Year 2011-12. The primary contention in the appeal was regarding the deduction of tax at source on lease rent payments to the Greater Noida Industrial Development Authority. The appellant argued that the CIT(Appeals) erred in directing the Assessing Officer to proceed under section 150 of the Income-tax Act, 1961 without providing an opportunity for the appellant to be heard, thus violating the principles of natural justice. Additionally, the appellant contested the applicability of section 150 and the timing of the notice under section 148, which they claimed had expired by the time the order under section 154 was passed. However, before the hearing could proceed, the appellant decided to withdraw the appeal, which was accepted by the Tribunal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 130602 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 8 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-02-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 13-02-2023
• Assessment Year: 2011-2012
• Appeal Filed On: 10-06-2018
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: REVENUE STATED
• Assessee Lawyers: KANCHAL KAUSHAL
• Keywords: Principle of natural justice
• Section: 148; 154

Judgement Text

Page 1 of 3 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’: NEW DELHI BEFORE, SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA No.4455/Del/2018 (ASSESSMENT YEAR 2011-12) Noida Power Company Limited Commercial Complex H-Block Alpha-II, Sector Greater Noida-201 310 PAN-AAACN 4984D Vs. The Dy.CIT Circle-2, Noida (Appellant) (Respondent) Appellant by Mr. Kanchal Kaushal, FCA and Mr. Kshitij Bansal, CA Respondent by Mr. Jitender Chand, Senior Departmental Representative (“SR- DR” for short) ORDER PER ANADEE NATH MISSHRA, AM: (A) This appeal by Assessee is filed against the order of Learned Commissioner of Income Tax (Appeals)-1, Noida [“Ld. CIT(A)”, for short], dated 28/03/2018 for Assessment Year 2011-12. Grounds taken in this appeal are as under: ITA 4455 /Del/2018 Noida Power Company Ltd. vs. DCIT Page 2 of 3 1. That on the facts and circumstances of the case, the learned CIT(Appeals) erred in holding that tax is deductible at source on payment of lease rent to Greater Noida Industrial Development Authority and directing the Assessing Officer to proceed u/s. 150 of the Income-tax Act, 1961 without giving the appellant an opportunity of being heard and accordingly the action of the learned CIT(Appeals) is in violation of principle of natural justice. 2. That the learned CIT(Appeals) erred in holding that the provisions of section 150 of the Income tax Act, 1961 is applicable in the present case. 3. That the learned CIT(Appeals) failed to appreciate that time limit to issue notice under section 148 of the Income-tax Act, 1961 had already expired for the subject assessment year at the time when the order under section 154 of the Income-tax Act, 1961 was passed by the Assessing Officer. 4. That the learned CIT(Appeals) erred in holding that tax is deductible on payment of lease rent made to Greater Noida Industrial Development Authority. 5. That the appellant craves leave to add, amend, modify, rescind, supplement or alter any of the grounds stated hereinabove either before or at the time of hearing of this appeal.” (B) At the time of hearing, the Ld. Authorized Representative (“Ld. AR”, for short) for the assessee submitted that the assessee wished to withdraw this appeal. The Ld. Sr. DR for Revenue stated that Revenue had no objection to withdrawal of the appeal by the assessee. In view of the foregoing, the assessee is permitted to withdraw this appeal. Accordingly, the appeal is dismissed as withdrawn. (C) For statistical purposes, the appeal is dismissed. ITA 4455 /Del/2018 Noida Power Company Ltd. vs. DCIT Page 3 of 3 (D) This order was pronounced on 14/02/2023 in Open Court, in the presence of representatives of both sides, after conclusion of the hearing and is signed on 14/02/2023. Sd/- Sd/- (KUL BHARAT) (ANADEE NATH MISSHRA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 14/02/2023 Pk Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI