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

ITA 4966/DEL/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6914 (ITAT-DELHI)
• Duration Of Justice: 11 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-07-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2013-2014
• Appeal Filed On: 03-08-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S R SENAPATI
• Assessee Lawyers: SUSHMITA BASU

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: E NEW DELHI BEFORE SHRI G.D. AGRAWAL, PRESIDENT & SHRI K.NARASIMHA CHARY, JUDICIAL MEMBER ITA NO.4966/DEL/2017 ASSESSMENT YEAR: 2013-14 M/S NOIDA POWER CO. LTD. COMMERCIAL COMPLEX, H- BLOCK, ALPHA-II, SECTOR, GREATER NOIDA. PAN: AAACN4984D VS DCIT, CIRCLE - 2, NOIDA. ASSESSEE BY MS SUSHMITA BASU, CA REVENUE BY SH. S.R. SENAPATI, SR. DR ORDER PER K. NARASIMHA CHARY, J.M. THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE ORDER S DATED 30.06.2017 IN APPEAL NO.80/2016-17 PASSED BY THE LD. COMMISSIONER OF INCOME- TAX (APPEALS)- 1, NOIDA (FOR SHORT HEREINAFTER CALLED LD. CITA) . 2. AT THE OUTSET, LEARNED AR FILED A MEMO STATING THAT THE APPEAL IS NOT PRESSED AS THE GROUNDS HAVE BECOME ACADEMIC AND INF RUCTUOUS FOR THE FOLLOWING REASONS: 1. THE ASSESSING OFFICER ALLOWED THE POWER PURCHAS E COST AT THE RATES AT WHICH POWER PURCHASE WAS DEBITED IN THE PROFIT AND LOSS ACCOUNT AND NOT DATE OF HEARING 23.07.2018 DATE OF PRONOUNCEMENT 23.07.2018 2 THE INVOICED AMOUNT AS CLAIMED BY THE APPELLANT. TH E APPELLANT CONTESTED THE ACTION OF THE ASSESSING OFFICER AND HENCE THIS APPEAL. 2. AS STATED ABOVE, THE APPELLANT CHALLENGED THE R ATES AT WHICH UPPCL RAISED THE INVOICES AND THE MATTER TRAVELLED BEFORE THE UPERC FOR DETERMINATION OF THE FINAL RATE. 3. UPERC DECIDED THE RATE ISSUE IN FAVOUR OF THE AP PELLANT AND UPPCL DID NOT FILE ANY APPEAL AGAINST THE SAME, THE ISSUE HAD ATTAINED FINALITY. THEREFORE, THE PRESENT GROUNDS 4(A) TO 4(B) CLAIMIN G BILLED AMOUNT HAS BECOME ACADEMIC AND INFRUCTUOUS FOR THE YEAR. 4. IT MAY NOT BE OUT OF PLACE TO MENTION THAT RECEN TLY, THE APPEAL OF UPPCL IN THE EARLIER YEARS ON THE RATE ISSUE WHICH TRAVEL LED TO SUPREME COURT HAS BEEN DISMISSED ON THE GROUNDS OF NON- PROSECUTION. 5. WITHOUT PREJUDICE TO THE ABOVE, THE APPELLANT CR AVES LIBERTY TO REVIVE THE APPEAL IN THE EVENT THE HONBLE SUPREME COURT D ECIDES TO RE-CONSIDER THE RATE ISSUE ON MERITS FOR THE EARLIER YEARS. GROUND NOS. 5 TO 7 NOT PRESSED CONSEQUENTIAL TO GROUND NOS. 4(A) TO 4( B). GROUND NOS. 8(A) TO 8(B) NOT PRESSED. 3. LEARNED DR REPORTS NO OBJECTION TO PERMIT THE WIT HDRAWAL. RECORDING THE SAME, WE DISMISS THE APPEAL AS WITHDRAWN. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 23 RD JULY, 2018. SD/- SD/- (G.D. AGRAWAL) (K. NARASIMH A CHARY) PRESIDENT JUDICIAL MEMBER DATED: 23 RD JULY, 2018 VJ 3 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI DRAFT DICTATED ON 23.07.2018 DRAFT PLACED BEFORE AUTHOR 23.07.2018 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. APPROVED DRAFT COMES TO THE SR.PS/PS 24.7.18 KEPT FOR PRONOUNCEMENT ON 23.7.18 DATE OF UPLOADING ORDER ON THE WEBSITE 24.7.18 FILE SENT TO THE BENCH CLERK 24.7.18 DATE ON WHICH FILE GOES TO THE AR DATE ON WHICH FILE GOES TO THE HEAD CLERK. DATE OF DISPATCH OF ORDER.