TMI Blog2021 (1) TMI 1226X X X X Extracts X X X X X X X X Extracts X X X X ..... resh, in the light of the directions issued by the co-ordinate Bench of the Tribunal BAJAJ ENERGY LTD (FORMERLY KNOWN AS BAJAJ ENERGY PVT. LTD.) [ 2017 (10) TMI 1595 - ITAT MUMBAI] after providing opportunity of being heard to the parties. Appeal filed by the Revenue is allowed for statistical purposes. - ITA No. 3566/M/2019 and CO No. 64/M/2020 - - - Dated:- 14-1-2022 - Shamim Yahya, Member (A) And Kuldip Singh, Member (J) For the Appellant : Mehul Jain, Sr. D.R. For the Respondents : Kirit Kamdar, A.R. ORDER Per Kuldip Singh, Judicial Member Aforesaid appeal filed by the Revenue and cross objections filed by the assessee are being disposed of by way of composite order in order to avoid the repetition of discussi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot to be reduced by such amount of interest income. 2. Briefly stated facts necessary for adjudication for the controversy at hand are that; the assessee is a Bajaj Group Company who has set up a 1980 MW Thermal Power Plant (TPP) 660 MW already commenced in the state of UP. During A.Y. 2013-14 the construction activity was in progress. 3. Assessee company has filed its return declaring nil income, as in the computation of income it has claimed loss of ₹ 98,97,000/- and the same have been capitalized as pre-commencement of expenses as the manufacturing activity has not been commenced during the year. From the information available on record the AO noticed that the assessee company has received an amount of ₹ 2,27,98,350/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uments in additional evidences for the first time which have not been forwarded to the AO to examine verify the same and thereby violated the provisions contained under Rule 46A(3) of IT Rules, 1962. This factual position has not been controverted by Ld. Sr. D.R. or by the assessee rather the Ld. A.R. for the assessee brought on record additional fact that identical issue in the identical facts and circumstances of the case in assessee's own case have been set aside to the AO to decide afresh. 7. Undisputedly, identical issue had come up before the coordinate Bench of the Tribunal in assessee's own case i.e. Dy. CIT vs. Bajaj Energy Ltd. in ITA No. 983/M/2015 order dated 11.10.2017 in A.Y. 2011-12 which was remitted back to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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