TMI Blog2021 (3) TMI 991X X X X Extracts X X X X X X X X Extracts X X X X ..... pleadings in Ground Nos. 1 2 as well as during the course of hearing. We thus quote hon'ble apex court's larger bench decision in CIT Vs. K.Y. Pillaiah Sons [ 1966 (10) TMI 35 - SUPREME COURT] to express our completion agreement with the CIT(A) detailed discussion extracted in the preceding paragraph. The Revenue fails in its sole grievance therefore. - ITA No. 482/Hyd/2019 - - - Dated:- 15-3-2021 - S. S. Godara , Member ( J ) And Laxmi Prasad Sahu , Member ( A ) For the Respondents : Rohit Majumdar , D. R. ORDER Per S. S. Godara , JM This Revenue's appeal for the Asst. Year 2013-14 arises from the Commissioner of Income Tax (Appeals)-4, Hyderabad order dt. 31.01.2019 passed in the case of Appeal No. 4/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t appellant has established/setup its business and expenses under various heads have been incurred. The AR has further contented that no invoice has been raised towards sales etc. does not conclusively prove that AO's view of not commencement of the business. In this regard I perused the financials and it is clear from the same that the appellant has established/setup the business which is demonstrated by way of incurring the expenditure under various heads. 1) Cost of materials consumed ₹ 39,89,737, 2) Employee Benefit expense ₹ 63,21,452, 3) Financial costs ₹ 18,32,120 4) Other Admn. Expenses ₹ 1,37,64,617; 5) Depreciation ₹ 96,36,547. It is to be noted that the appellant has not raised any invoice/receip ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er had rightly disallowed the assessee's foregoing twin claims (supra) for the reason that it had not started any commercial activity. The same carries no substance in our considered opinion. It has come on record in the CIT(A) order that the assessee's business activity had duly commenced as per the costs of the material consumed, employees benefit expenses, initial costs, administrative expenses and depreciation; respectively. The same have gone very much unrebutted from the Revenue side in its pleadings in Ground Nos. 1 2 as well as during the course of hearing. We thus quote hon'ble apex court's larger bench decision in CIT Vs. K.Y. Pillaiah Sons (1967) 63 ITR 411 (SC) to express our completion agreement with the CIT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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