COMMISSIONER OF INCOME TAX vs. M/S NATIONAL HYDRO ELECTRIC POWER CORP LTD

/ n Income Tax Appeal Nos. 178 of 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Income Tax Appeal No. 178 of 2011 Date of decision: 8.7.2011 Commissioner of Income Tax Faridabad ." --- Appellant Versus l- e::: :J 0 U :r: C)- :r:«z .~ ~« -:r: cz«m«.,z :J a.. Mis. National Hydro Electric Power Corporation Ltd. Faridabad --- Respondent , - CORAM: HON'BlE MR. JUSTICE ADARSH KUMAR GOEl ACTING CHIEF JUSTICE HON'BlE MR. JUSTICE AJAY KUMAR MITTAl , , .' Present: Mr. Yogesh Putney, Senior Standing Counsel for the appellant-revenue. AJAY KUMAR MITTAl, J. . . This order will dispose of Income Tax Appeal Nos. 178, 179 and 180 of 2011 as it has been stated by the learned counse! for the revenue that all the appeals involve common question. 2. Income Tax Appeal No. 178 of 2011 filed under Section 26'OAof the Income-Tax Act, 1961 (for short "the Act") has been preferred by the revenue , against the order dated 6.10.2010, passed by the Income Tax Appellate TribunaL Delhi Bench 'F', New Delhi (in short "the Tribunal") in ITA No. 3013/Del of 2010, relating to the assessment year 2000-01. 3. The following substantial question of law has been claimed for determination of this Court: . . ~I - i, '- 1'(' ,", I-~ ::J 0 U :I: <-'-::I: <tz~>~<t J: Cz<t CO <t, Z ::J C. ~ ==--'1 ,- - -- l -, . Income Tax Appeal Nos. 178 of 2011 2 "Whether on the facts and in the circumstances of the case and in , law, the Ld. ITATwas right in dismissing the, appeal of the Revenue as not maintainable for want of COD approval ignoring the decision of the Hon'ble C?ujarat High Court in the case of Gujarat Mineral , " ' Development Corporation Ltd., Vs. ITAT, reported in 314 ~TR 14 wherein it has been held that there is no such requirement to approach the committee as the assessee and the Income Tax Department cannot be asked to go and obtain clearance. fro~ a committee which has no jurisdiction over them and even the' - provIsions of the Income Tax Act, 1961 and the Income Tax (Appellate Tribunal) Rules do not permit exercise of such powers , by the Tribunal? 4. The facts, in brief, necessary for adjudication of the aforesaid question, as narrated in the app'eal, are that the respondent-assessee is a Government of India Undertaking which is engaged in the construction of Hydro Electric Power Projects, generation and distribution of electricity. During the course of hearing of the appeals filed by the respondent-assessee and separate appeals preferred by the Revenue, relating to the assessment years 2000-01 and 2001-02, the Jurisdictional Tribunal, Delhi, by order dated 11.1.2008, restored the ground to the file of the CIT(A) pertaining to the additions, amounting to Rs. 1.33,81,00,0001- on account of advance against depreciation (in short "AAD") made by the. assessing officer under Section 115JB of the !\ct. The. CIT(A), however, vide order dated 5.4.2010, accepted the appeal carried by the assessee and deleted the addition of Rs. 1,33,81,00,0001-. 5. Feeling aggrieved