2021 (8) TMI 792

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.... depreciation of Rs. 3.04 crores claimed on wind power generation plant. 3. Assessee is a company engaged in the business of processing and export of rice and during the year under consideration the assessee also entered into the business of wind power generation. 4. The assessee filed its return of income declaring income of Rs. 1.45 crores which was accessed at Rs. 1.49 crores vide order dated 16.04.2008 framed u/s. 143 (3) of the Act. 5. Subsequently vide order dated 03.03.2011 the PCIT assuming jurisdiction u/s.263 of the Act set aside the assessment with a direction to the AO to frame the assessment afresh after verification of genuineness of the claim of the depreciation on wind power plant. 6. Pursuant to the direction of....

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....rded on the said agreement. In this regard, AO preferred to conduct enquiry directly with the Chief Secretary, the Government of Karnataka by writing a letter dated 09.12.2011, which was not replied to by the latter till the date of passing of the impugned order. On this aspect, my Id. predecessor, CIT(A)-4, New Delhi, vide several letters directed the AO to furnish his remand report, however, till date in the absence of the comments of the Chief Secretary, Government of Karnataka, no such reply was filed. (iii) The auditor in the audit report did not mention about the business of wind power generation nor any depreciation on the wind power generation plant was claimed under the Companies 1956." 12. We have gone through the powe....

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....d in the open court in the presence of both the representatives on 23.06.2021. ============= Document 1 NAV BHARAT INTERNATIONAL LTD 5192,Naya Bazar, Delhi-6 Delivery S.NO Date LR No Lorry No Challan No Date Name of the Transport 10.03.2006 7328 TN04M8609 7545155272 10.03.2005 Sri Kamakshi Transpo Surat Goods Transpor 11.03.2006 88369 TN31F7198 7545155280 11.03.2006 Private Ltd 14.03.2006 8502 GJ1UU6082 7545155374 14 03 2006 Kataria Automobiles L 16.03.2006 101006: HR38M0309 7545155449 16 03 2006 Katana Transport Serv 23.03.2008 8272 GJ1UU6081 7544154348 23:03 2003 Kataria Automobiles L Document 2 NAV BHARAT INTERNATIONAL LTD ASSESSMENT YEAR ....