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2015 (4) TMI 511 - BOMBAY HIGH COURT

2015 (4) TMI 511 - BOMBAY HIGH COURT - TMI - Appeal against order of dis allowance of Depreciation on the windmill - Commissioned within and before due date - Certificate issued by statutory authority - Held that:- The Commissioner may have undertaken an exercise and as alleged by Mr. Toprani but what the Tribunal found from the Commissioner's conclusion that the certificates which were relied upon by the Commissioner and purportedly of site inspection do not remove the essential discrepancy .....

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800 kilometers and reach a site which was earlier proposed in Nandurbar District and later on in Sangli District. Therefore, the perversity in the Commissioner's order enabled the Tribunal to interfere with the findings and uphold that of the Assessing Officer. We do not see any substantial question of law emerging from an exercise of this nature undertaken by the Tribunal.

This is not a case where any expert opinion was produced or relied upon and that expert was not made availab .....

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the assessee impugnes the order passed by the Income Tax Appellate Tribunal dated 15th February, 2013. 2. Mr. Toprani appearing on behalf of the assessee submits that the questions of law at pages 9 and 10 of the paper-book are substantial in nature. The Tribunal should not have interfered with the factual conclusion in the order of other First Appellate Authority. That was justified because the Commissioner relied upon a site inspection to conclude that the windmill project was commissioned on .....

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f income declaring total loss of ₹ 30,51,480/-. That return of income was filed on 27th October, 2006. The assessment year was 2006-07. This return was duly processed and the case was selected for scrutiny. The requisite notices were issued and served on the assessee. The assessee's Chartered Accountant and duly authorised represented him. The assessee projected that it is a firm carrying on business of construction of building and land development. It depicted certain construction act .....

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ate that the windmill project is completed by M/s. Suzlon Energy Limited and M/s. Suzlon Infrastructure Limited collectively on turnkey basis. The assessee had placed separate purchase orders on both parties on 17th February, 2006 and for windmill project at Nandurbar / Dhalgaon site in Maharashtra. The project was completed on 30th March, 2006 and handed over to the assessee on the same date. The summons was issued to these two companies to provide copies of purchase order, books of account and .....

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im was not genuine. The assessee's reply that previously the windmill site was at Dhalgaon, District Nandurbar but it was then installed at Tisangi village, District Sangli. It is stated that Dhalgaon was only a proposed site. However, the Assessing Officer found that there were no components and which were transported to Tisangi site. The entire reasoning in paragraph 4 at pages 4 and 5 of the Assessing Officer's order would reveal that the satisfaction recorded by him was that the new .....

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2006. The certificate issued by Maharashtra State Electricity Distribution Company Limited was relied upon. However, the Tribunal found that the hair-splitting by the Commissioner was uncalled for. If the project was indeed commissioned then it was not necessary for the assessee to have approached another authority and stated to be a statutory authority. The certificate issued by the statutory authority was also doubted because the same was issued at the instance and on the application of the a .....

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