NTPC Limited v. CIT

21 Taxmann.com 429Supreme Court of India2012#5155 most cited

What is NTPC Limited v. CIT authority for?

A tribunal can permit an additional ground to be raised in second appellate proceedings, even in section 153A assessments initiated after search action, if all relevant facts are on record, to determine the correct tax liability.

23

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2022 to 2026.

Also referred to as

NTPC Limited v. CIT · section 153A · section 153D approval · additional ground · second appellate proceedings · relevant facts · correct tax liability · search action · tribunal powers

Also reported as

229 ITR 338

Sections most often in play

Section 143(3)Section 148Section 153ASection 153DSection 147Section 153CSection 69CSection 154

Issues it is cited on

section 33bsection 153a proceedingssection 75section 40a(9)section 148(1)section 80msection 80jnon application of mindsection 52initial assessment yearsection 80hsection 80hhc

Judgments citing NTPC Limited v. CIT

Tata Chemicals Ltd, Mumbai vs. DCIT 2(3), Mumbai

In the result, appeal by the Revenue is dismissed

ITA 2440/MUM/2011[2004-05]Status: DisposedITAT Mumbai06 Jul 2022AY 2004-05

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

For Appellant: Shri Nitesh Joshi a/wFor Respondent: Smt. Somogyan Pal, CIT DR
Section 115JSection 14ASection 250Section 80Section 80HSection 80M

…nd of appeal, is purely legal issues which can be decided on the basis of material available on record, we are of the view that same can be admitted for consideration and adjudication in view of the ratio laid down by Hon’ble Supreme Court in NTPC Ltd vs CIT: 229 ITR 338. 34. We find that, while deciding similar issue in favour of the assessee, the coordinate bench of the Tribunal in assessee’s own case in Tata Chemicals Limited vs DCIT, in ITA No. 2439/Mum/2011, for the assessment year 2003–04, vide order dated 16/02/2022, observed as under: ―016. In the additional ground number 3 by the assessee it is challeng…

Bombay Real Estate Development Co. P. Ltd., Mumbai vs. ITO Ward-1(1)-3, Mumbai

In the result, appeal by the assessee is allowed

ITA 513/MUM/2021[2010-11]Status: DisposedITAT Mumbai14 Jun 2022AY 2010-11

Bench: Shri Pramod Kumar & Shri Sandeep Singh Karhail

For Appellant: Shri K. Gopal a/wFor Respondent: Shri C.T. Mathews, Sr. A.R
Section 115JSection 143Section 143(3)Section 147Section 148Section 148(1)Section 14ASection 250Section 40

…sis Bombay Real Estate Development Co. P. Ltd. ITA No.513/Mum./2021 of material available on record, we are of the view that same can be admitted for consideration and adjudication in view of the ratio laid down by Hon‟ble Supreme Court in NTPC Ltd. V. CIT : 229 ITR 338. 5. The brief facts of the case for deciding the additional grounds of appeal, as emanating from the records are: The assessee is engaged in the business of real estate. For the year under consideration, assessee e- filed its return of income on 30/09/2010 declaring total loss of Rs. 33,85,526. The assessee is engaged in the activity of developme…

DCIT 15(2)(1), Mumbai vs. Nomura Structured Finance Services P.Ltd, Mumbai

In the result, the appeal by the Revenue is dismissed in terms of our aforesaid findings

ITA 1711/MUM/2015[2010-11]Status: DisposedITAT Mumbai03 Mar 2022AY 2010-11

Bench: Shri Prashant Maharishi & Shri Sandeep Singh Karhail

For Appellant: Shri Farrokh IraniFor Respondent: Smt. Vatsalya Jha
Section 143(3)Section 144C(13)Section 92C

…ds of appeal is purely legal issue which can be decided on the basis of material available on record, we are of the view that same can be admitted for consideration and adjudication in view of the ratio laid down by Hon‟ble Supreme Court in NTPC Ltd. V. CIT : 229 ITR 338. 14. By way of additional ground of appeal, the Revenue has sought exclusion of M/s CG VAK Software & Exports Ltd. on the basis that its turnover is less than Rs. 1 Crore and thus is much less than the assessee‟s turnover. From the entire order passed by the TPO, it is evident that the functional similarity of relevant segment of M/s CG VAK Softw…