Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (3) TMI 468 - ITAT MUMBAIClaim of deduction u/s 80IA denied - infrastructure development activity for Windmill - it takes land on lease from MIDC or purchases land on its own and sub–leases them for Windmill - develops other infrastructure for filling roads, fencing and other activities- laying transmission line/network of various windmills to the sub–stations of Maharashtra State Electricity Board (MSEB) - AO alleged that assessee itself was not setting–up windmills - HELD THAT:- 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. 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 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.
|