National Thermal Power Company Ltd. v. CIT

97 Taxmann.com 358Reported decision1999#2402 most cited

What is National Thermal Power Company Ltd. v. CIT authority for?

Appellate authorities, including the Income Tax Appellate Tribunal, can admit additional grounds, even if raised for the first time, provided they are questions of law arising from facts already on record, go to the root of the case, and do not require fresh investigation of facts.

49

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2019 to 2025.

Also referred to as

National Thermal Power Company v. CIT · NTPC v. CIT · admission of additional grounds · question of law · facts on record · appellate tribunal · power to admit new grounds · section 250 · section 143(3) · appeal proceedings

Issues it is cited on

Judgments citing National Thermal Power Company Ltd. v. CIT

M/S. LOOTCART.COM,MUMBAI vs. ITO WARD 22(2)(3), MUMBAI

ITA 5032/MUM/2025[2017-18]Status: DisposedITAT Mumbai13 Nov 2025AY 2017-18

Bench: Shri Narender Kumar Choudhryassessment Year: 2017-18 M/S. Lootcart.Com, Income Tax Officer Shop No.29, 3Rd Floor, Ward 22(2)(3), Hi-Life Mall, R.No.311, 3Rd Floor, Vs. P M Road, Piramal Chamber, Santacruz (W), Lal Baug, Mumbai – 400 054 Parel Mumbai – 400 012 Pan: Aaffl5361E (Appellant) (Respondent) Present For: Assessee By : Shri V.D. Parmar, Ld. A.R. Revenue By : Shri Pushkaraj Bhangepatil, Ld. Sr. D.R. Date Of Hearing : 13.11.2025 Date Of Pronouncement : 13.11.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 07.11.2024, Impugned Herein, Passed By The National Faceless Appeal Center (Nfac)/ Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2017-18. 2. At The Outset, It Is Observed That There Is A Delay Of 222 Days In Filing The Instant Appeal, On Which The Assessee By Filing Duly Sworn Affidavit Has Demonstrated The Peculiar Facts For Condonation Of Delay, Which Read As Under:

For Appellant: Shri V.D. Parmar, Ld. A.RFor Respondent: Shri Pushkaraj Bhangepatil, Ld. Sr. D.R
Section 144Section 250Section 253(5)

…IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “SMC”, MUMBAI BEFORE SHRI NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER Assessment Year: 2017-18 M/s. Lootcart.com, Income Tax Officer Shop no.29, 3rd Floor, Ward 22(2)(3), Hi-Life Mall, R.No.311, 3rd Floor, Vs. P M Road, Piramal Chamber, Santacruz (W), Lal Baug, Mumbai – 400 054 Parel Mumbai – 400 012 PAN: AAFFL5361E (Appellant) (Respondent) Present for: Assessee by : Shri V.D. Parmar, Ld. A.R. Revenue by : Shri Pushkaraj Bhangepatil, Ld. Sr. D.R. Date of Hearing : 13.11.2025 Date of Pronouncement : 13.11.2025 O R D E R Per : Narender Kumar Choudhry, Judicial Member…

SUNIDHI SECURITIES & FINANCE LIMITED,MUMBAI vs. DCIT 4(2)(1), MUMBAI

In the result, the appeal filed by the assessee is hereby allowed

ITA 5938/MUM/2024[2015-16]Status: DisposedITAT Mumbai26 Aug 2025AY 2015-16

Bench: Ms. Kavitha Rajagopal, Jm & Shri. Girish Agrawal, Am Sunidhi Securities & Finance The Deputy Commissioner Of Limited Income Tax, 4(2)(1), Mumbai 8Th Floor, Unit-1, Kalpataru Inspire, Room No. 642, Aaykar Bhavan, M. Vs. Opp. Grand Hyatt Hotel, Santacruz K. Road, Mumbai – 400020. (East), Mumbai – 400055 Pan/Gir No. Aadcs1657D (Appellant) : (Respondent) Assessee By : Shri. Shashi Bekal : Shri. Pravin Salunkhe (Sr. Dr) Respondent By Date Of Hearing : 06.06.2025 Date Of Pronouncement : 26.08.2025 O R D E R Per Kavitha Rajagopal, J M: This Appeal Has Been Filed By The Assessee, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals) Delhi (‘Ld. Cit(A)’ For Short), National Faceless Appeal Centre (‘Nfac’ For Short) Passed U/S.250 Of The Income Tax Act, 1961 (‘The Act'), Pertaining To The Assessment Year (‘A.Y.’ For Short) 2015-16. 2. The Assessee Has Raised The Following Grounds Of Appeal: Grounds Of Appeal: 1. The Ld. C.I.T. (Appeals) Erred In Confirming The Action Of D.C.I.T. Of Reopening The Assessment Merely Based On Reason To Suspect & Not Reason To Believe & Is Therefore Bad In Law. 2. The Ld. C.I.T. (Appeals) Erred In Confirming The Action Of D.C.I.T. Treating The Trading In Steel Exchange India Limited Through Recognized Stock Exchange As Bogus Trading Loss. Sunidhi Securities & Finance Limited

For Appellant: Shri. Shashi Bekal
Section 115JSection 143(1)Section 143(3)Section 147Section 148Section 151Section 234BSection 250

…deem it fit to admit the additional grounds raised by the assessee as it goes to the very root of the case and the same is in accordance with the proposition laid down by the Hon’ble Apex Court in the case of National Thermal Power Corporation vs. CIT (1999) 97 Taxmann.com 358/(1998) 229 ITR 383 (SC), where the additional grounds pertains to question of law arising from the facts which are already on record in the assessment proceedings. 2 Sunidhi Securities & Finance Limited 5. Brief facts of the case are that the assessee company was engaged in the business of brokerage in shares, currency derivatives, WDM, F…

VIDARBHA MINING PRIVATE LIMITED ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(3)(2), MUMBAI, MUMBAI

In the result, the appeal filed by the assessee is hereby allowed

ITA 1265/MUM/2024[2014-15]Status: DisposedITAT Mumbai30 Jul 2025AY 2014-15

Bench: Ms. Kavitha Rajagopal, Jm & Ms. Padmavathy S., Am Vidarbha Mining Private Limited Deputy Commissioner Of Income 703, Samarpan Complex, Near Mirador Tax, Circle-1(3)(2), Mumbai Room No. 540, 5Th Floor, Aayakar Hotel, New Link Road, Chakala, Andheri (East), Mumbai – 400099. Vs. Bhavan, Maharshi Karve Rd, New Marine Lines, Churchgate, Mumbai – 400020. Pan/Gir No. Aaccv2506M (Assessee) : (Respondent) Assessee By : Shri. Gaurav Kabra Respondent By : Shri. G. J. Ninawe, Sr. Dr Date Of Hearing : 01.05.2025 Date Of Pronouncement : 30.07.2025 O R D E R Per Kavitha Rajagopal, J M: This Appeal Has Been Filed By The Assessee, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals)-Delhi (‘Ld. Cit(A) For Short), National Faceless Appeal Centre (‘Nfac’ For Short) Passed U/S.250 Of The Income Tax Act, 1961 (‘The Act'), Pertaining To The Assessment Year (‘A.Y.’ For Short) 2014-15. 2. The Assessee Has Raised The Following Grounds Of Appeal & Has Also Filed Additional Grounds Which Are As Follows: Grounds Of Appeal: “1. On The Facts & Circumstances Of The Case As Well As In Law, The Learned Cit(A) Has Erred In Confirming The Action Of Learned Assessing Officer In Reopening The Assessment U/S.147 Of The Act, Without Appreciating The Fact & Circumstances Of The Case. Vidarbha Mining Private Limited Vs. Dy. Cit

For Appellant: Shri. Gaurav KabraFor Respondent: Shri. G. J. Ninawe, SR. DR
Section 115JSection 143(1)Section 143(3)Section 147Section 148Section 153CSection 250Section 68

…3. As the additional grounds raised by the assessee requires no new facts which are on record in the assessment proceeding, the same is admitted in view of the decision of the Hon’ble Apex Court in the case of National Thermal Power Corporation vs. CIT (1999) 97 Taxmann.com 358/(1998) 229 ITR 383 (SC). 4. Brief facts of the case are that the assessee company had filed its return of income dated 08.11.2014 declaring total loss of Rs. 3,18,04,157/-, the same was processed u/s. 143(1) of the Act. The assessee’s case was selected for scrutiny and the assessment order dated 28.12.2016 was passed by the ld. AO u/s. 143…

BAB-E-REHMAT EDUCATIONAL SOCIETY,MUMBRA THANE vs. AO EXEMTION WARD THANE, QUERESHI MANSION

In the result, the appeal filed by the assessee is allowed for statistical purpose

ITA 3119/MUM/2025[2023-24]Status: DisposedITAT Mumbai24 Jun 2025AY 2023-24

Bench: Shri Vikram Singh Yadav, Am & Ms. Kavitha Rajagopal, Jm Bab-E-Rehmat Educational Society Ao Exemption Ward Thane Fakir Shah Baba Hill Road, Near Darul Falah, Near Sahil Hotel, Kausa, Vs. Mumbai – 400612. Pan/Gir No. Aabtb7190H (Appellant) : (Respondent) Assessee By : Shri Himanshu Gandhi Respondent By : Shri Leyaqat Ali Aafaqui, Sr. Ar. Date Of Hearing : 23.06.2025 Date Of Pronouncement : 24.06.2025 O R D E R Per Kavitha Rajagopal, J M: This Appeal Has Been Filed By The Assessee, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals) Addl/Jcit (A)-2, Bengaluru (‘Ld. Cit(A)’ For Short), Passed U/S.250 Of The Income Tax Act, 1961 (‘The Act'), Pertaining To The Assessment Year (‘A.Y.’ For Short) 2023-24. 2. The Assessee Has Raised The Following Grounds Of Appeal: 1) Rejection Of Approval Claimed U/S 12Aa Is Bad In Law Assessee Having Exemption Certificate U/S 12Aa Dated 25 April 2016, As Per Old Registration Process Once An Organization Obtains Section 12Aa Registration, The Validity Of The Registration Is Perpetual Unless It Is Cancelled Or Revoked By The Income Tax Department. Unlike Certain Registrations Requiring Periodic Renewal, Section 12Aa Of Income Tax Act Has No Expiration Date Or A Specific Time Limit. Which Is Valid For Life Time Of Society/Trust That Means Appellant Is Eligible For 12Aa Registration Till Cancellation Or Revoked By The Income Tax Department. Bad-E-Rehmat Educational Society

For Appellant: Shri Himanshu GandhiFor Respondent: Shri Leyaqat Ali Aafaqui, SR. AR
Section 11Section 12ASection 143Section 250

…s an additional ground for the first before the Tribunal for which the ld. AR prayed that the same may be admitted and adjudicated in terms of the proposition laid down by the Hon’ble Apex Court in the case of National Thermal Power Corporation vs. CIT (1999) 97 Taxmann.com 358/(1998) 229 ITR 383 (SC). On perusal of the same, we deem it fit to admit and adjudicate the same. 4. Brief facts of the case are that the assessee is a charitable trust providing educational related charitable activities. The assessee trust had filed its return of income dated 30.10.2023, declaring total income at Rs. 1,09,35,452/- which h…

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