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TMI Blog2019 (3) TMI 468X X X X Extracts X X X X X X X X Extracts X X X X ..... 06–07 and 2007–08. Disallowance of project expenses - assessee did not furnish the complete details of the project expenses, thus the genuineness of such expenses could not be verified - HELD THAT:- Since the issue relating to claim of various expenditure under the head project expenses is a purely factual issue and has to be decided on the basis of facts involved in each assessment year and the supporting evidences furnished by the assessee, it cannot be allowed without factually verifying the claim of the assessee and by simply relying upon the written submissions and the preceding years orders. Since, in our considered opinion, the deduction claimed by the assessee under the head project expenses has not been factually verified with r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar under dispute, the assessee filed its return of income on 30th March 2013, declaring total income of ₹ 6,45,520, after claiming deduction under section 80IA of the Act. In course of assessment proceedings, the Assessing Officer while verifying assessee s claim of deduction under section 80IA of the Act noticed that the income credited to the Profit Loss Account is from lease rental, service charges, interest, short term capital gain, etc. He observed, though the assessee had stated that it is in the business of sub leasing of plots obtained on lease from MIDC to various companies for setting up of windmills, however, the assessee itself was not setting up windmills. Therefore, the conditions of section 80IA(4)(vi)(b) of the Act a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en by the learned Commissioner (Appeals) while deciding assessee s appeals in assessment year 2002 03, 2006 07 and 2007 08. Notably, while deciding Revenue s appeal on identical issue for assessment year 2002 03, 2006 07 and 2007 08 in ITA no.4518/Mum./2011, ITA no. 547/Mum./2012, ITA no.1306/Mum./2012, dated 31st October 2018, the Tribunal has upheld the decision of learned Commissioner (Appeals) in allowing assessee s claim of deduction under section 80IA of the Act. Facts being identical in the impugned assessment year, respectfully following the decision of the Co ordinate Bench in assessee s own case as referred to above, we uphold the decision of the learned Commissioner (Appeals) on this issue. Ground raised is dismissed. 8. In gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e claim of the assessee remained unverified. Hence, the Assessing Officer disallowed it. He submitted, before the first appellate authority the assessee furnished the details/bifurcation of the project expenses for the first time. Therefore, learned Commissioner (Appeals) should have remanded the issue to the Assessing Officer for verifying assessee s claim. He submitted, without providing an opportunity to the Assessing Officer to verify assessee s claim, the expenditure should not have been allowed. 12. The learned Authorised Representative submitted, similar expenditure was claimed by the assessee in assessment year 2007 08. He submitted, out of the project/site development expenses claimed of ₹ 1,83,83,200 in Assessment Year 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pective orders of the first appellate authority and the Assessing Officer that the nature and details of expenditure claimed by the assessee were not factually verified by examining the supporting documentary evidences. Learned Commissioner (Appeals) simply relying upon the written submissions filed by the assessee and also the fact that cost of expenses of transmission line were allowed by the first appellate authority in the preceding assessment years has deleted the disallowance. On a perusal of the assessment order passed for the assessment year 2007 08, it is noticed that the Assessing Officer has not only enquired into the details of expenditure claimed by the assessee but the assessee had also furnished the necessary details of expen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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