TaxTMI 
TaxTMI 
2026 (9) TMI 371
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....] for the assessment year 2018-19. 2. The present appeal is delayed by 177 days. Along with the appeal, the assessee has filed an application seeking condonation of delay. As per the assessee, the impugned order was not received by post, and therefore he was not aware of the passing of the order by the learned CIT(A). It was further submitted that even the order was not received by e-mail and only upon receiving a phone call from the Demand Management Centre, CPC, Mysore, regarding the payment of outstanding demand for the year under consideration, the assessee came to know about the passing of the order by the learned CIT(A). Accordingly, the assessee has submitted that the delay in filing the present appeal is not intentional and has o....
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.... deduction claimed under section 80-IA of the Act. 6. The brief facts of the case pertaining to this issue, as emanating from the record, are: The assessee is an individual and has a proprietary concern in the name and style of M/s. Azure Energy. For the year under consideration, the assessee filed its return of income on 12.10.2018, declaring a total income of Rs. 42,77,990/-, after claiming deduction of Rs. 11,52,138/- under Chapter VI-A of the Act, which, inter alia, includes the deduction of Rs. 9,67,138/- claimed under section 80-IA of the Act. The return filed by the assessee was selected for scrutiny, and statutory notices under section 143(2) and section 142(1) of the Act were issued and served on the assessee. During the assessm....
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....tem on the roof of M/s. Viswas Textile Processors and an agreement was entered into between M/s. Azure Energy and M/s. Viswas Textile Processors for supply of energy to the latter by M/s. Azure Energy. The assessee submitted that M/s. Viswas Textile Processors was the holder of a power license from Bangalore Electricity Supply Company, and therefore, the approval sanctioned by Bangalore Electricity Supply Company was issued in the name of M/s. Viswas Textile Processors. 7. The Assessing Officer ("AO"), vide order dated 29.01.2021 passed under section 143(3) read with section 143(3A) and section 143(3B) of the Act, disagreed with the submissions of the assessee and held that since all the approvals, agreements and permissions were in the ....
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....on the business of generating electricity from solar energy. However, the Revenue denied the deduction claimed by M/s. Azure Energy on the basis that the necessary approvals and agreements are not in the name of M/s. Azure Energy, which is claiming deduction under section 80-IA of the Act, but the same are in the name of M/s. Viswas Textile Processors. As per the assessee, he is a proprietor of M/s. Azure Energy and also a partner in M/s. Viswas Textile Processors. It is a consistent plea of the assessee that M/s. Azure Energy is generating electricity through solar power, and M/s. Viswas Textile Processors is not in the business of generating electricity. As per the assessee, the entire investment for setting up the Solar Rooftop Power Pla....
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...., from the documents placed on record, we find that even though the assessee filed the said audit report in Form No. 10CCB, which forms part of the paper book from Pages 39 - 40, the approval for installation of Solar Rooftop Power Plant was issued in the name of M/s. Viswas Textile Processors, as is evident from the copy of the said approval placed in the paper book from Pages 42 - 44. It is pertinent to note that even the completion certificate issued by RenXSOL Eco Tech on 24.03.2016 was in the name of M/s. Viswas Textile Processors, and there is no mention of the name of M/s. Azure Energy in such a certificate. Thus, in the present case, it is evident that even though the assessee filed an audit report in Form No. 10CCB, the same was no....