9911796707
TMI Blog2019 (3) TMI 468X X X X Extracts X X X X X X X X Extracts X X X X ..... t "the Act"). 3. Brief facts are, as stated by the Assessing Officer, the assessee company is engaged in infrastructure development activity for Windmill. For this purpose, it takes land on lease from MIDC or purchases land on its own and sub-leases them to various parties after dividing them to various small plots. It also develops other infrastructure for filling roads, fencing and other activities. The other activities of the assessee are laying transmission line/network of various windmills to the sub-stations of Maharashtra State Electricity Board (MSEB). For the assessment year under dispute, the assessee filed its return of income on 30th March 2013, declaring total income of Rs. 6,45,520, after claiming deduction under section 80IA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Authorised Representative submitted, the issue stands covered in favour of the assessee by the decision of the Tribunal in assessee's own case in assessment year 2002-03, 2006-07 and 2007-08. 7. We have considered rival submissions and perused material on record. It is evident, the Assessing Officer while disallowing assessee's claim of deduction under section 80IA of the Act has primarily relied upon the assessment order passed on identical issue in the preceding assessment years. However, learned Commissioner (Appeals) allowed assessee's claim following the view taken 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 identic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not clearly mentioned what details he asked for and not provided by the assessee. She observed, since the receipt/income has been accepted by the Assessing Officer, direct expenditure connected to such income has to be allowed. Accordingly, she deleted the addition made by the Assessing Officer. 11. The learned Departmental Representative submitted, in course of assessment proceedings, the assessee did not furnish the details of expenditure claimed under the head project expenses. Therefore, in the absence of the nature and details of expenditure, the 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tive, therefore, submitted that the issue is covered by the decision of the Tribunal. 13. We have considered rival submissions and perused material on record. As could be seen from the assessment order, the Assessing Officer without discussing in detail the nature and character of the expenses claimed has disallowed it by observing that complete details of the expenses were not furnished. Whereas, learned Commissioner (Appeals) relying upon the submissions made by the assessee has allowed assessee's claim. It is evident from the respective 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 ev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eduction claimed by the assessee under the head project expenses has not been factually verified with reference to the supporting evidences justifying such claim, we are inclined to restore the issue to the file of the Assessing Officer for de novo adjudication after due opportunity of being heard to the assessee and examining the supporting evidences furnished/to be furnished by the assessee. We make it clear, if on examination, the Assessing Officer finds that aforesaid expenditures are supported by evidence and similar expenditure claimed was allowed in preceding assessment years, then, there cannot be any disallowance in the impugned assessment year. Ground raised is allowed for statistical purposes. 14. 15. In the result, Revenue's a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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