NTPC Ltd.,(formerly National Thermal Power Corporation Ltd., Hyderabad V. ITO, Hyderabad

ITA 623/HYD/2008

• Counselvise Citation: [2010] 119 COUNSELVISE.COM (IT) 5959 (ITAT-HYDERABAD)
• Duration Of Justice: 1 year(s) 10 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-02-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 08-02-2010
• Assessment Year: 2004-2005
• Appeal Filed On: 04-04-2008
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NIVEDITA BISWAS

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B', HYDERABAD BEFORE SHRI G.C.GUPTA, VICE PRESIDENT AND SHRI AKBER BASHA, ACCOUNTANT MEMEBR ITA NO.622/HYD/08 : ASSTT . YEAR 2003-04 ITA NO.623/HYD/08 : ASSTT . YEAR 2004-05 ITA NO.624/HYD/08 : ASSTT . YEAR 2005-06 NTPC LTD., (FORMERLY NATIONAL THERMAL POWER CORPORATION LTD.), HYDERABAD ( PAN AAACN 0255 D ) V/S. INCOME-TAX OFFICER, WARD-15(1) HYDERABAD . (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI CHAITANYA KUMAR FOR SHRI S.RAMA RAO RESPONDENT BY : SMT. NIVEDITA BISWAS O R D E R PER G.C.GUPTA, VICE PRESIDENT: THESE THREE APPEALS OF THE ASSESSEE FOR THE ASSESSMENT YEARS 2003-04 TO 2005-06 ARE DIRECTED AGAINST A COMMON ORDER OF THE COMMISSIONER OF INCOME-TAX(APPEALS). 2. AT THE TIME OF HEARING, IT HAS BEEN BROUGHT T O OUR NOTICE, AT THE OUTSET, THAT APPROVAL OF THE COMMITTEE ON DISP UTES HAS NOT BEEN RECEIVED BY THE ASSESSEE TO PURSUE THESE APPEALS. ASSE SSEE, BEING A PUBLIC SECTOR UNDERTAKING, APPROVAL OF THE CO MMITTEE ON DISPUTES IS MANDATORY TO PURSUE THESE APPEALS. IN THIS VIEW OF THE MATTER, THESE APPEALS OF THE ASSESSEE IS LIABLE TO BE DISMI SSED FOR ITA NO.622-624/HYD/08 NTPC LTD., (FORMERLY NATIONAL THERMAL POWER CORPORATION LTD.), HYDERAB AD 2 WANT OF APPROVAL FROM COD. WE, HOWEVER, HOLD THAT THE APPELLANT SHALL BE AT LIBERTY TO REQUEST FOR RECALL OF THIS ORDER AND RESTORATION OF THESE APPEALS FOR ADJUDICATION THEREOF ON MERITS, IN CASE APPROVAL OF THE COD IS RECEIVED LATER. 3. IN THE RESULT, ALL THE THREE APPEALS OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE CONCLUSION OF HEARING OF THE APPEAL ON 8.2.2010 SD/- SD/- (AKBER BASHA) (G.C.GUPTA) ACCOUNTANT MEMBER VICE PRESIDENT DT/- 08 FEBRUARY, 2010 COPY FORWARDED TO: 1. NTPC LTD., (FORMERLY NATIONAL THERMAL POWER COR PORATION LTD.), C/O. SHRI S.RAMA RAO, ADVOCATE, FLAT NO.103 INDIRA DEVI NILAYAM, STREET NO.7, HIMAYAT NAGAR, HYD ERABAD 2. INCOME TAX OFFICER, WARD 15(1), HYDERABAD. 3. COMMISSIONER OF INCOME-TAX(APPEALS) II, HYDERABAD. 4. COMMISSIONER OF INCOME-TAX (TDS)HYDERABAD 5. DEPARTMENTAL REPRESENTATIVE, ITAT, HYDERABAD. B.V.S.