NTPC LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

I.T. Appeal 3195 (Del) of 2016 for assessment year 2009-10 is filed by the ld. Assessing Officer and I.T. Appeal No. 5180 (Del) of 2014 is filed by the assessee NTPC for that year against the order of Commissioner of Income Tax (Appeals)-XVI, New Delhi, Page | 1 dated 27.06.2014. I.T. Appeal No. 2973 (Del) of 2016 for assessment year 2009-10 is filed by assessee against the order of Commissioner of Income Tax (Appeals)-20, New Delhi, dated 31.03.2016 for the same year of penalty confirmed by the ld. CIT (Appeals). I.T. Appeal 5198 (Del) of 2014 is filed by the ld. Assessing Officer for assessment year 2009-10 against the order of Commissioner of Income Tax (Appeals)-XVI, New Delhi, dated 27.06.2014.

At the time of hearing the assessee submitted a letter dated 20th March, 2021 that in I.T. Appeal No. 5180 (Del) of 2014 and I.T. Appeal No. 5198 (Del) of 2014 assessee has already filed relevant petitions for settling the dispute under The Direct Taxes Vivaad Se Vishwas Act, 2020. The other two are penalty appeals by the Revenue and the assessee arising out of the same dispute involved in quantum appeals. Therefore, all these four appeals and specifically two filed by the assessee may be treated as withdrawn as Form No. 3 in both the quantum appeals of the assessee as well as the Revenue has been issued on 2nd February, 2021. He stated that the appeal of the Revenue may also be treated as withdrawn and dismissed.

The ld. [CIT]–DR with respect to the appeal of the Revenue objected that the same cannot be withdrawn by the assessee. With respect to the appeal of the assessee, she did not have any objection.

On careful consideration of the facts, we find that I.T. Appeal No. 5180 (Del) of 2014 and ITA. 5198 (Del) of 2014 are cross quantum appeals filed by the assessee and Reveue in which Form No. 3 has already been issued to the assessee under The Direct Taxes Vivaad Se Vishwas Act, 2020 on 2nd February, 2021. I.T. Appeal No. 2973 (Del) of 2016 and (Del) of 2016 are cross penalty appeals for assessment year 2009-10 arising out of the same quantum proceedings for assessment year 2009-10. In view of this as Form No 3 has already been issued to the assessee in quantum appeals of the assessee as well as the appeals of the Revenue in quantum proceedings as well as penalty proceedings are treated as withdrawn and hence dismissed. We also grant a liberty to the parties that in case the impugned dispute involved in all these four appeals is not settled, ITAT may be approached for recall of this order.