NTPC Ltd., New Delhi V. Addl. CIT, New Delhi

MA 463/DEL/2022

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 5202 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 7 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-08-2024
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 25-07-2024
• Assessment Year: 2007-2008
• Appeal Filed On: 25-12-2022
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VIVEK K. UPADHYAY
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’, NEW DELHI Before Sh. C. N. Prasad, Judicial Member Dr. B. R. R. Kumar, Accountant Member MA No. 460/Del/2022 (In ITA No. 4086/Del/2014: Asstt. Year: 2008-09) MA No. 461/Del/2022 (In ITA No. 6893/Del/2014: Asstt. Year: 2010-11) MA No. 463/Del/2022 (In ITA No. 5718/Del/2015: Asstt. Year: 2007-08) NTPC Ltd., Core-7, Scope Complex-7, Institutional Area, Lodhi Road, New Delhi 110003 Vs DCIT, Central -13(1), New Delhi (ASSESSEE) (RESPONDENT) PAN No. AAACN0255D Assessee by : Sh. Ved Jain, Adv. & Ms. Supriya Mehta, CA Revenue by : Sh. Vivek K. Upadhyay, Sr. DR Date of Hearing: 26.07.2024 Date of Pronouncement: 08.08.2024 ORDER Per Dr. B. R. R. Kumar, Accountant Member: Heard the arguments of both the parties and perused the material available on record. MA No. 460/Del/2022 2. Para No. 13 reads as under: “13. The expenses were in principle adjudicated as allowable owing to business contingencies. The AO may verify the fact of incurring such expenses.” MA Nos. 460, 461 & 463/Del/2022 NTPC Ltd. 2 3. This direction was given based on the order for the A.Y. 2006-07 wherein the details were not furnished by the assessee before the AO. 4. It was brought to our notice that during the year, the details have been already furnished before the AO and hence, the issue of re-verification of expenses doesn’t arise during the year. The submission of the appellant is not in dispute. Hence, the order is rectified as under in accordance with the provisions of Section 254(2): “13. The expenses were in principle adjudicated as allowable owing to business contingencies.” 5. In the result, the Miscellaneous Application of the assessee is allowed. MA No. 461 & 463/Del/2022 6. The assessee has withdrawn the Miscellaneous Applications in view of the admission of the issue by the Hon’ble High Court. Hence, the MAs are hereby dismissed. Order Pronounced in the Open Court on 08/08/2024. Sd/- Sd/- (C. N. Prasad) (Dr. B. R. R. Kumar) Judicial Member Accountant Member Dated: 08/08/2024 *Subodh Kumar, Sr. PS* Copy forwarded to: 1. Assessee 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR