Madras High Court
M/S.Neyveli Lignite Corporation ... vs The Asst. Commissioner Of Income ... on 2 August, 2022
Tax Case Appeal No.859 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.08.2022
CORAM :
THE HON'BLE MR. JUSTICE R. MAHADEVAN
AND
THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ
Tax Case Appeal No.859 of 2010
M/s.Neyveli Lignite Corporation Limited,
Corporate Office,
Block-I,
Neyveli 607 801 ... Appellant
Vs.
The Asst. Commissioner of Income Tax,
Company Circle – IV(4),
Chennai 600 034. ... Respondent
Tax Case Appeal filed under Section 260A of the Income Tax Act,
1961 against the order of the Income Tax Appellate Tribunal, 'C' Bench,
Chennai, passed in I.T.A.No.753/Mds/2009, dated 10.05.2010.
For Appellant : Mr.R.Vijaya Raghavan for
Mr. Subbaraya Aiyar
For Respondent : Mr.T.Ravi Kumar
Standing Counsel
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Tax Case Appeal No.859 of 2010
JUDGMENT
(Judgment was delivered by R. MAHADEVAN,J.)
This Tax Case Appeal has been filed by the appellant / Assessee
challenging the order dated 10.05.2010 passed by the Income Tax Appellate
Tribunal, Bench 'C', Chennai ('the Tribunal', for brevity) in
I.T.A.No.753/Mds/2009 for the assessment year 2005-06, by raising the
following substantial questions of law :
"1. Whether on the facts and in the circumstances of the
case, the Tribunal was right in holding that components of
price for sale of electricity fixed on basis of tax liability should
not be taken as part of the sale price of electricity in
computing relief under Section 80IA?
2. Whether on the facts and in the circumstances of the
case, the Tribunal was right in holding that the income tax
reimbursement collected from purchasers of power by the
assessee could not be considered as income derived from
industrial undertaking for the purpose of computing deduction
u/s.801A?”
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Tax Case Appeal No.859 of 2010
2.When the matter was taken up for consideration, the learned counsel
appearing for the appellant / assessee submitted that during the pendency of
this tax case appeal, the assessee has availed the benefit conferred under the
Direct Tax Vivad Se Vishwas Act, 2020 and filed necessary declarations,
which were accepted and Form 5 / order for full and final settlement of tax
arrears, was also issued by the Income tax department, on 28.10.2021. The
learned counsel has also filed Form 5 dated 28.10.2021 to that effect.
3.The aforesaid submission made by the learned counsel for the
appellant/assessee has also been fairly conceded by the learned standing
counsel appearing for the respondent/ Revenue.
4.In view of the subsequent development, this court is of the opinion
that nothing survives for adjudication in this appeal. Recording the
submission so made by the learned counsel on either side, the Tax Case
Appeal stands disposed of. No costs.
[R.M.D.,J.] [M.S.Q.,J.]
02.08.2022
msr
Internet : Yes
Index : Yes / No
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Tax Case Appeal No.859 of 2010
To
1. The Income Tax Appellate Tribunal, “C” Bench, Chennai.
2.The Asst. Commissioner of Income Tax,
Co. Circle IV(4), Chennai-34.
3. The Commissioner of Income Tax (Appeals)
Large Taxpayer Unit, Chennai.
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Tax Case Appeal No.859 of 2010
R. MAHADEVAN, J
and
MOHAMMED SHAFFIQ, J.
msr
Tax Case Appeal No.859 of 2010
02.08.2022
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