The Director (Finance) Corporate Office, Block 1 M/S Neyveli Lignite Corporation Limited, Neyveli, Cuddalore District, Tamil Nadu 607 801 v. The Deputy Commissioner Of Income Tax, Large Tax Payer Unit, Chennai 600 101

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 15.02.2022CORAM : THE HON'BLE MR. JUSTICE R. MAHADEVANAND THE HON'BLE MR. JUSTICE J.SATHYA NARAYANA PRASAD T.C.A.No.136 of 2012 The Director (Finance)Corporate Office, Block 1M/s Neyveli Lignite Corporation Limited,Neyveli,Cuddalore District,Tamil Nadu 607 801.... AppellantVersusThe Deputy Commissioner of Income Tax,Large Tax Payer Unit,Chennai 600 101. ... Respondent Appeal preferred under Section 260A of the Income Tax Act,1961, against the order of the Income Tax Appellate Tribunal,Chennai, “B” Bench, dated 05.01.2012 in I.TA.No.1781/Mds/2011against the order dated 30.09.2011 of Commissioner of Income Tax(Appeals), Large Tax Payer Unit (for the Assessment Year 2008-09) For Appellant : Mr.Subbaraya AiyarFor Respondent :Mr.T.RavikumarSenior Standing Counsel (Judgment was delivered by R.MAHADEVAN, J.) This Tax Case Appeal has been filed by the appellant /Assessee challenging the order of the Income Tax AppellateTribunal, Chennai Bench 'B' dated 05.01.2012 passed inI.T.A.No.1781/Mds/2011 for the Assessment Year 2008-09. 2.The appeal was admitted on 20.04.2012 on the followingsubstantial questions of law : “1. Whether on the facts and in the https://hcservices.ecourts.gov.in/hcservices/ circumstances of the case, the Tribunal was right inholding that components of price for sale ofelectricity fixed on basis of tax liability shouldnot be taken as part of the sale price of electricityin computing relief under Section 80IA? 2. Whether on the facts and in the circumstancesof the case, the Tribunal was right in holding thatthe income tax reimbursement collected frompurchasers of power by the assessee could not beconsidered as income derived from industrialundertaking for the purpose of computing deductionunder Section 80IA?” 3.When the matter was taken up for consideration, thelearned counsel appearing for the appellant / assessee submittedthat during the pendency of the tax case appeal, the assesseehas availed the benefit conferred under the Direct Tax Vivad SeVishwas Act, 2020 and filed necessary declarations, which wereaccepted and Form 5 / order for full and final settlement of taxarrears, was also issued by the Income tax department, on09.11.2021. The learned counsel has also filed Form 5 dated09.11.2021 to that effect. 4.The aforesaid submission made by the learned counsel forthe appellant/assessee has also been fairly conceded by thelearned senior standing counsel appearing for the respondent/Revenue. 5.In view of the subsequent development, this court is ofthe opinion that nothing survives for adjudication in thisappeal. Recording the submission so made by the learned counselon either side, the Tax Case Appeal stands disposed of. Nocosts. Sd/-Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vkr / kas To 1. The Deputy Commissioner of Income Tax, Large Tax Payer Unit, Chennai 600 101.2. The Income Tax Appellate Tribunal, Chennai, “B” Bench.3. The Commissioner of Income Tax (Appeals), Large Tax Payer Unit, Chennai-101. +1cc to M/s.Subbaraya Aiyar, Advocate, S.R.No.9598+1cc to M/s.T.Ravi Kumar, Advocate, S.R.No.9487 T.C.A.No.136 of 2012 JP-II(CO)SU(01/03/2022)