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TMI Blog2024 (2) TMI 1531X X X X Extracts X X X X X X X X Extracts X X X X ..... Respondent : Mr. Neeraj Jain, Mr. Ansul And Mr. Tavish Varma, Advs. ORDER CM APPL. 12282/2024 (Delay of 165 days in re-filing) 1. This is an application filed by the appellant seeking condonation of 165 days delay in re-filing the present appeal. For the reasons stated in the application, the delay of 165 days in re-filing the appeal is condoned. 2. Application is disposed of. ITA 142/2024 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ITAT has ultimately proceeded to record the following conclusions: "21. In the facts of the present appeal, admittedly, the assessee has furnished all necessary and relevant documents, including audited financial statements, Audit Reports/invoices etc. to justify its claim. Even, the assessee has furnished detailed replies to various queries made by the Assessing Officer. Thus, the assessee has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... air market value. Thus, in our view, the Assessing Officer has failed to discharge the burden cast upon him under section 40A(2)(a) of the Act. Hence, the conditions remained unfulfilled. In any case of the matter, for the first time, at the final assessment stage, the Assessing Officer has invoked the provisions of section 40A(2)(b) of the Act without providing any opportunity to the assessee. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... leteness, we may also address the issue regarding applicability of section 44BBB(1) of the Act. On a careful reading of the said provision, we are of the view that it is not applicable to the assessee as the assessee is neither executing any turkey power project, nor the project is approved by the Central Government or a competent authority in terms of section 44BBB(1) of the Act. Even, assuming t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... failed to produce any material or establish from the record that the expenses claimed were inflated or unjustified. The Department had also not founded its allegation on a single comparable so as to even prima facie establish that the expenses had been unduly claimed. 6. In view of the aforesaid, we find that the appeal raises no substantial question of law. It shall consequently stand dismissed. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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