ACIT, New Delhi vs. M/S. Ntpc Ltd., New Delhi
In the result, the appeals of the assessee are allowed and the appeals of the Revenue are dismissed
ITA 3194/DEL/2016[2006-07]Status: DisposedITAT Delhi04 May 2022AY 2006-07
Bench: Sh. A.D. Jaindr. B. R. R. Kumar(Through Video Conferencing) Ita No. 3590/Del/2014 : Asstt. Year: 2006-07 Ita No.3194 /Del/2016 : Asstt. Year: 2006-07 Dcit, Vs Ntpc Limited, Circle-18(2), Ntpc Bhawan, Scope Complex, New Delhi-110002 7, Institutional Area, Lodi Road, New Delhi-110003 (Appellant) (Respondent) Pan No. Aaacn0255D
For Appellant: Sh. Ved Jain, AdvFor Respondent: Ms. Sarita Kumari, CIT-DR
Section 14ASection 27Section 271(1)(c)Section 80I
…in appellant’s own case for AY 2005-06, ignoring the fact that the matter is sub- judice as the department has preferred an appeal before the Hon’ble Supreme Court on this issue. 7. Hon’ble Supreme Court in the ease of CST Vs. M.P. Electricity Board, [1970] 25 STC 188 (SC) and in the case of State of AP & Ors. Vs. National Thermal Power Corpn. Ltd. and Ors., 2002 AIR 1895 has held that electricity is capable of abstraction, transmission, transfer, delivery, possession, consumption and use like any other movable property and thus qualifies to be ‘goods’. In view of the said decisions of the apex court, the coord…