PR. COMMISSIONER OF INCOME TAX- 9 vs M/S TATA POWER DELHI DISTRIBUTION LTD. (FORMERLY KNOWN AS M/S NORTH DELHI POWER LIMITED)

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 13.01.2025 + ITA 687/2019 PR. COMMISSIONER OF INCOME TAX- 9 .....Appellant Through: Mr. Indruj Singh Rai, SSC, Mr. Sanjeev Menon, JSC, Mr. Rahul Singh, JSC & Mr. Anmol Jagga, Advocates versus M/S TATA POWER DELHI DISTRIBUTION LTD. (FORMERLY KNOWN AS M/S NORTH DELHI POWER LIMITED) .....Respondent Through: Mr. Shashi M Kapila, Mr. Pravesh Sharma and Mr. Sushil Kumar, Advocates CORAM HON’BLE THE ACTING CHIEF JUSTICE HON’BLE MS. JUSTICE SWARANA KANTA SHARMA JUDGMENT SWARANA KANTA SHARMA, J. 1. The Revenue has preferred the present appeal under Section 260A of the Income Tax Act, 1961 [hereafter ‗the Act‘] impugning an order dated 29.10.2018 [hereafter ‗the impugned order‘] passed by the learned Income Tax Appellate Tribunal [hereafter ‗the learned Signature Not Verified Digitally Signed By:AANCHAL TAGGAR ITA 687/2019 Page 1 of 25 Signing Date:16.01.2025 12:33:08 ITAT‘], in ITA No. 4848/Del/2010, in respect of the assessment year (AY) 2006-07. FACTUAL BACKGROUND 2. The respondent – M/s Tata Power Delhi Distribution Limited – [hereafter ‗the assessee‘] is a joint venture between Tata Power Company Limited and the Government of NCT of Delhi, wherein Tata Power Company Limited, along with Tata Sons Limited, holds 51% of the shares, while the remaining 49% of the shares are held by the Government of NCT of Delhi. The assessee is engaged in the power generation and distribution of electricity in North and North West Delhi. 3. For the AY 2006-07, the assessee filed its return of income declaring a total income of ₹29,76,44,446/- under the normal provisions, and ₹162,35,14,954/- as book profits under Section 115JB of the Act. The return was processed under Section 143(1) of the Act on 04.12.2007, at the declared ret