Relish Pharmaceuticls Ltd., Ahmedabad V. The Dy.CIT.,Circle-5, Ahmedabad

CO 107/AHD/2011

• Counselvise Citation: [2014] 123 COUNSELVISE.COM (IT) 0127 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 7 month(s) 5 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 30-12-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 10-12-2014
• Assessment Year: 2007-2008
• Appeal Filed On: 25-05-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Reasonable cause
• Section: 43B; 6; 28

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD . . , , BEFORE SHRI N.S. SAINI, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER ./ I.T.A. NO.1130/AHD/2011 ( / ASSESSMENT YEAR : 2007-08) THE DY.CIT, CIRCLE-5 AHMEDABAD / VS. RELISH PHARMACEUTICALS LTD. 1/2, 4 TH FLOOR, MOONLIGHT COMPLEX OPP. GURUKUL TOWER DRIVE-IN-ROAD, AHMEDABAD ./ ./ PAN/GIR NO. : AAACR 5476 N ( / APPELLANT ) .. ( ! / RESPONDENT ) AND CO NO.107/AHD/2011 FOR AY 2007-08 (IN ITA NO.1130/AHD/2011 FOR AY 2007-08) RELISH PHARMACEUTICALS LTD. VS. THE DY.CIT AHMEDABAD AHMEDABAD (CROSS OBJECTOR .... (RESPONDE NT) REVENUE BY : SHRI B.KULSHRESTHA, SR.DR ASSESSEE BY : -NONE- $ % / DATE OF HEARING 10/12/2014 $ % / DATE OF PRONOUNCEMENT 30/12/2014 / O R D E R PER SHRI KUL BHARAT, JUDICIAL MEMBER : THE REVENUE AND THE ASSESSEE BOTH HAVE CHALLENGED T HE ORDER OF THE COMMISSIONER-OF INCOME TAX (APPEALS)-XI, AHMEDA BAD (CIT(A) IN SHORT) DATED 15/02/2011 PERTAINING TO ASSESSMENT YEAR (AY) 2007-08 BY WAY OF APPEAL AND CROSS-OBJECTION RESPECTIVELY. BOTH THE APPEAL AND ITA NO.1130/AHD/2011 (BY REVENUE) AND CO NO.107/AHD/2011 (BY ASSESSEE) DCIT VS. RELISH PHARMACEUTICALS LTD. ASST.YEAR 2007-08 - 2 - THE CROSS OBJECTION ARE TAKEN UP TOGETHER AND ARE B EING DISPOSED OF BY THIS CONSOLIDATED ORDER FOR THE SAKE OF CONVENIENCE . 2. FIRST, WE TAKE UP THE APPEAL FILED BY THE REVENU E, I.E. ITA NO.1130/AHD/2011 FOR AY 2007-08. THE REVENUE HAS R AISED THE FOLLOWING GROUNDS OF APPEAL:- 1. THE LD.CIT(A) HAS ERRED IN LAW AND ON FACTS I N DELETING THE DISALLOWANCE OF 16,03,831/- OUT OF INTEREST EXPENSES. 2. THE LD.CIT(A) HAS ERRED IN LAW AND ON FACTS IN D ELETING THE ADDITION OF 1,04,802/- MADE ON ACCOUNT OF DISCREPANCY IN AIR. 3. ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD.COMMISSIONER OF INCOME TAX (A) OUGHT TO HAVE UPH ELD THE ORDER OF THE ASSESSING OFFICER. 4. IT IS, THEREFORE, PRAYED THAT THE ORDER OF THE LD.COMMISSIONER OF INCOME TAX (A) MAY BE SET-ASIDE AND THAT OF THE ASSESSING OFFICER BE RESTORED. 2.1. BRIEFLY STATED FACTS ARE THAT THE CASE OF THE ASSESSEE WAS PICKED UP FOR SCRUTINY ASSESSMENT AND THE ASSESSMENT U/S.143( 3) OF THE INCOME TAX ACT,1961 (HEREINAFTER REFERRED TO AS THE ACT) WAS FRAMED VIDE ORDER DATED 25/11/2009, THEREBY THE ASSESSING OFFICER (AO IN SHORT) MADE DISALLOWANCE OF INTEREST ON LOANS AND ADVANCES AMOU NTING TO RS.16,03,831/- AND DISALLOWANCE ON ACCOUNT OF TRANS ACTION MADE WITH M/S.J.B. CHEMICALS & PHARMACEUTICALS LTD. AMOUNTING TO RS.1,04,802/-. THE AO HAD ALSO MADE DISALLOWANCE ON ACCOUNT OF LAT E PAYMENT OF PF & ITA NO.1130/AHD/2011 (BY REVENUE) AND CO NO.107/AHD/2011 (BY ASSESSEE) DCIT VS. RELISH PHARMACEUTICALS LTD. ASST.YEAR 2007-08 - 3 - ESI CONTRIBUTION AMOUNTING TO RS.23,736/- AGAINST THIS, THE ASSESSEE FILED AN APPEAL BEFORE THE LD.CIT(A), WHO AFTER CON SIDERING THE SUBMISSIONS, PARTLY ALLOWED THE APPEAL. WHILE ALLO WING THE APPEAL, THE LD.CIT(A) CONFIRMED THE DISALLOWANCE MADE ON ACCOUN T OF EMPLOYEES CONTRIBUTION TOWARDS PF/ESI AS THE SAME WAS NOT DEP OSITED IN THE GOVERNMENT ACCOUNT WITHIN THE STIPULATED TIME. HOW EVER, THE LD.CIT(A) DELETED THE DISALLOWANCE OF RS.16,03,831/- AND RS.1 ,04,802/-. NOW, BEFORE US, BOTH THE REVENUE AND ASSESSEE ARE IN APP EAL AND CROSS- OBJECTION RESPECTIVELY. 3. DURING THE COURSE OF HEARING, NO ONE APPEARED ON BEHALF OF THE ASSESSEE. IT IS OBSERVED THAT THE ASSESSEE HAD FIL ED AN APPLICATION ON 19/06/2014, WHEREIN IT HAS BEEN SUBMITTED THAT DUE TO UNAVOIDABLE CIRCUMSTANCES, THE ASSESSEE WAS NOT IN A POSITION T O APPEAR BEFORE THIS TRIBUNAL ON THE DATE OF HEARING, I.E. ON 27/06/2014 . THE HEARING OF APPEAL WAS ADJOURNED TO 11/08/2014 ON REQUEST APPLI CATION OF THE ASSESSEE. THE ASSESSEE MADE ANOTHER APPLICATION DA TED 07/08/2014 MAKING A SIMILAR SUBMISSION THAT DUE TO UNAVOIDABLE CIRCUMSTANCES, THE ASSESSEE WAS NOT IN A POSITION TO APPEAR BEFORE THE TRIBUNAL ON THE DATE FIXED ON 11/08/2014. ON 11/08/2014, THE MATTER W AS ADJOURNED TO 22/09/2014. ON 22/09/2014, THE MATTER WAS FURTHER ADJOURNED TO 31/10/2014. THE ASSESSEE FILED AN APPLICATION DATE D 30/10/2014 MAKING SIMILAR PRAYER THAT DUE TO UNAVOIDABLE CIRCUMSTANCE S, THE ASSESSEE WAS NOT IN A POSITION TO APPEAR BEFORE THE TRIBUNAL ON THE DATE FIXED. THE APPEAL WAS FIXED FOR HEARING ON 10/12/2014. THE AS SESSEE HAS NEITHER FILED ANY ADJOURNMENT APPLICATION NOR APPEARED BEFO RE THE TRIBUNAL. ITA NO.1130/AHD/2011 (BY REVENUE) AND CO NO.107/AHD/2011 (BY ASSESSEE) DCIT VS. RELISH PHARMACEUTICALS LTD. ASST.YEAR 2007-08 - 4 - THUS, FROM THE RECORDS, IT IS TRANSPIRED THAT THE A SSESSEE IS MAKING FRIVOLOUS APPLICATIONS SEEKING ADJOURNMENT WITHOUT ANY REASONABLE CAUSE. UNDER THESE FACTS, IT APPEARS THAT THE AS SESSEE IS NOT INTERESTED IN PROSECUTING THE CROSS OBJECTION AND MAKING ANY DEFE NSE IN RESPECT OF THE APPEAL FILED BY THE REVENUE. THEREFORE, THE APPEAL OF THE REVENUE AS WELL AS THE CROSS-OBJECTION FILED BY THE ASSESSEE W ERE TAKEN UP FOR HEARING IN THE ABSENCE OF THE ASSESSEE. 4. FIRST GROUND OF THE REVENUES APPEAL IS AGAINST DELETION OF DISALLOWANCE OF RS.16,03,831/- OUT OF INTEREST EXPE NSES. THE LD.SR.DR SHRI B.KULSHRESTHA VEHEMENTLY ARGUED THAT THE ORDE R OF THE LD.CIT(A) IS NOT JUSTIFIED. HE SUBMITTED THAT THE FINDING OF TH E LD.CIT(A) IS CATEGORICALLY CONTRADICTORY TO THE RECORDS. HE SUB MITTED THAT THE LD.CIT(A) HAS GIVEN A FINDING THAT THE AO HAS NOT E STABLISHED THAT THE INTEREST-BEARING FUNDS WERE ADVANCED AS INTEREST-FR EE FUNDS. HE POINTED OUT THAT IN THE SUBMISSION OF THE ASSESSEE, THE ASS ESSEE HAS SHOWN THE POSITION OF THE BALANCE IN RESPECT OF CAPITAL ACCUM ULATED PROFIT AND BALANCE OF CREDITORS AS UNDER:- CAPITAL 89862000 ACCUMULATED PROFIT -94007128 BALANCE OF CREDITORS 34525023 TOTAL 30379895 ADVANCES GIVEN 16090849 4.1. THE LD.SR.DR ALSO SUBMITTED THAT THE ORDER OF THE LD.CIT(A) IS CRYPTIC AND NOT A SPEAKING ORDER. ITA NO.1130/AHD/2011 (BY REVENUE) AND CO NO.107/AHD/2011 (BY ASSESSEE) DCIT VS. RELISH PHARMACEUTICALS LTD. ASST.YEAR 2007-08 - 5 - 5. WE HAVE HEARD THE LD.SR.DR, PERUSED THE MATERIAL AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITI ES BELOW. WE FIND THAT THE LD.CIT(A) HAS DECIDED THIS ISSUE BY OBSERVING A S UNDER:- 4.1. I HAVE CONSIDERED THE SUBMISSIONS MADE BY THE A.R. OF THE APPELLANT AND THE OBSERVATIONS OF THE ASSESSING OFFICER IN THE ASSESSMENT ORDER. A.O. HAS NOT ESTABLISHED TH AT INTEREST- BEARING FUNDS WERE ADVANCED INTEREST-FREE. IN THE ABSENCE OF SUCH NEXUS BEING ESTABLISHED, THE DISALLOWANCE OF I NTEREST (AT THE NOTIONAL RATE OF 11%) CANNOT BE SUSTAINED. IT IS DELETED. THIS GROUND OF APPEAL IS ALLOWED. 5.1. AFTER CONSIDERING THE TOTALITY OF THE FACTS AS WELL AS THE MATERIAL ON RECORD, WE FIND THAT THE ORDER OF THE LD.CIT(A) IS NON-SPEAKING, HENCE CRYPTIC. MOREOVER, THE FINDING AS GIVEN BY THE LD. CIT(A) THAT THE AO HAS NOT ESTABLISHED THAT THE INTEREST-BEARING FUNDS WER E ADVANCED AS INTEREST- FREE FUNDS WHICH IS CONTRARY TO RECORDS. WE FIND TH AT THE AO HAS GIVEN FINDING THAT THE ASSESSEE HAD GIVEN A TOTAL LOANS A ND ADVANCES AMOUNTING TO RS.1,60,90,948/- ON WHICH THE ASSESSEE HAS NOT C HARGED INTEREST ON SOME OF THE ADVANCES. MOREOVER, THE FINDING THAT T HE ASSESSEE WAS HAVING SUFFICIENT INTEREST-FREE FUNDS IS ALSO NOT C ORRECT. IT IS POINTED OUT BY THE AO THAT THE ADVANCE GIVEN TO M/S. M.P.BUILDE RS IN CONNECTION WITH ADVANCE FOR CAPITAL GOODS. SIMILARLY, OTHER A DVANCES ARE AMOUNTING TO RS.93,42,143/- ON WHICH NO BREAK-UP IS GIVEN. U NDER THESE FACTS, WE ARE OF THE CONSIDERED VIEW THAT THE LD.CIT(A) WAS N OT JUSTIFIED IN DELETING THE DISALLOWANCES, THEREFORE, THE ORDER OF THE LD.C IT(A) ON THIS ISSUE IS SET ASIDE AND THE DISALLOWANCES MADE BY THE AO ARE HEREBY CONFIRMED. THUS, THIS GROUND OF REVENUES APPEAL IS ALLOWED. ITA NO.1130/AHD/2011 (BY REVENUE) AND CO NO.107/AHD/2011 (BY ASSESSEE) DCIT VS. RELISH PHARMACEUTICALS LTD. ASST.YEAR 2007-08 - 6 - 6. SECOND GROUND OF REVENUES APPEAL IS AGAINST DEL ETION OF ADDITION OF RS.1,04,802/- MADE ON ACCOUNT OF DISCREPANCY IN AIR. 7. THE LD.SR.DR SUBMITTED THAT THE LD.CIT(A) WAS NO T JUSTIFIED IN DELETING THE DISALLOWANCES. HE SUBMITTED THAT THE AO HAS GIVEN A CATEGORICAL FINDING THAT THE TRANSACTION AS MENTION ED HAS BEEN REPORTED BY M/S.J.B.CHEMICALS IN THE ANNUAL INFORMATION RETURN (AIR) AND SO TO THAT EXTENT, THERE WAS DISCREPANCY IN THE SAME IN THE AC COUNT FURNISHED BY THE ASSESSEE. HE SUBMITTED THAT THE LD.CIT(A)S ORDE R ON THIS ISSUE IS CRYPTIC AS DELETED THE ADDITION THAT THE AO DID NOT MAKE ANY ENQUIRY WITH M/S.J.B.CHEMICALS IN RESPECT OF THE EXPLANATION OF THE ASSESSEE. 8. WE HAVE HEARD THE LD.SR.DR, PERUSED THE MATERIAL AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITI ES BELOW. WE FIND THAT THE LD.CIT(A) HAS DECIDED THIS ISSUE BY OBSERV ING AS UNDER:- 5.2. IN HAVE CONSIDERED THE SUBMISSIONS MADE BY T HE A.R. OF THE APPELLANT AND THE OBSERVATIONS OF THE ASSESSING OFF ICER IN THE ASSESSMENT ORDER. APPELLANTS CONTENTIONS ARE TEN ABLE. A.O. DID NOT MAKE ANY INQUIRY WITH M/S.J.B.CHEMICALS. APPEL LANTS EXPLANATION BEFORE THE A.O. (MENTIONED AT PARA-5 OF THE ASSESSMENT ORDER) REMAINS UNCONTROVERTED. HENCE, I MPUGNED ADDITION IS UNWARRANTED. IT IS DELETED. THIS GROU ND OF APPEAL IS ALLOWED. 8.1. AFTER CONSIDERING THE SUBMISSIONS OF THE LD.SR .DR AND PERUSAL OF THE MATERIAL AVAILABLE ON RECORD, WE ARE OF THE CON SIDERED VIEW THAT THE LD.CIT(A) WHILE DELETING THE ADDITION AS IT WAS INC UMBENT UPON THE ITA NO.1130/AHD/2011 (BY REVENUE) AND CO NO.107/AHD/2011 (BY ASSESSEE) DCIT VS. RELISH PHARMACEUTICALS LTD. ASST.YEAR 2007-08 - 7 - ASSESSEE TO RECONCILE THE DISCREPANCY, IF ANY. WE FIND THAT THE ASSESSEE HAS GROSSLY FAILED TO DO SO, THEREFORE, THE ORDER O F THE LD.CIT(A) IS SET ASIDE AND THE FINDING OF THE AO IS CONFIRMED. THUS , THIS GROUND OF THE REVENUES APPEAL IS ALLOWED. 9. GROUND NOS.3 & 4 ARE GENERAL IN NATURE REQUIRE N O INDEPENDENT ADJUDICATION. 10. IN THE RESULT, REVENUES APPEAL IS ALLOWED. 11. NOW, WE TAKE UP THE CROSS OBJECTION NO.107/AHD/ 2011 FOR AY 2007-08 FILED BY THE ASSESSEE (OUT OF ITA NO.1130/A HD/2011 FOR AY 2007-08), WHEREIN FOLLOWING GROUNDS HAVE BEEN RAIS ED BY THE ASSESSEE:- 1. THE LEARNED CIT(A) HAS GROSSLY ERRED IN LAW A ND FACTS IS PASSING THE ORDER. 2. IN LAW AND IN THE FACTS AND CIRCUMSTANCES IN THE CASE OF RESPONDENT, THE HONORABLE COMMISSIONER OF INCOME TA X (APPEALS) HAS GROSSLY ERRED IN CONFIRMING DISALLOWA NCE OF RS.23736 PF AND ESI EXPENSES U/S.43B OF THE ACT. 12. APROPOS TO GROUND NO.1, NONE APPEARED ON BEHALF OF THE ASSESSEE DESPITE HAVING BEEN GIVEN VARIOUS OPPORTUNITIES. T HEREFORE, WE ARE OF THE VIEW THAT THE ASSESSEE IS NOT INTEREST IN PROSECUTI NG THIS GROUND. THUS, THIS GROUND RAISED IN THE CROSS-OBJECTION FILED BY THE ASSESSEE IS REJECTED. 13. GROUND NO.2 OF CROSS-OBJECTION IS AGAINST THE C ONFIRMATION OF DISALLOWANCE OF RS.23,736/- IN RESPECT OF THE CONTR IBUTION OF PF & ESI BY ITA NO.1130/AHD/2011 (BY REVENUE) AND CO NO.107/AHD/2011 (BY ASSESSEE) DCIT VS. RELISH PHARMACEUTICALS LTD. ASST.YEAR 2007-08 - 8 - INVOKING THE PROVISIONS OF SECTION 43B OF THE ACT. THE LD.SR.DR SUPPORTED THE ORDER OF THE CIT(A) AND SUBMITTED THA T THE ORDER OF THE LD.CIT(A) IS JUSTIFIED. HE FURTHER SUBMITTED THAT THE ISSUE IS NO MORE RES INTEGRA AS THE HONBLE JURISDICTIONAL HIGH COURT HAS DECIDE D THE ISSUE IN FAVOUR OF THE REVENUE IN THE CASE OF CIT VS. G UJARAT STATE ROAD TRANSPORT CORPORATION REPORTED AT (2014) 366 ITR 1 70 (GUJ.). 14. WE HAVE HEARD THE LD.SR.DR PERUSED THE MATERIAL AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITI ES BELOW. WE FIND THAT THE LD.CIT(A) HAS DECIDED THIS ISSUE VIDE PARA -3.2 OF HIS ORDER BY OBSERVING AS UNDER:- 3.2. I HAVE CONSIDERED THE SUBMISSIONS MADE BY THE A.R. OF THE APPELLANT AND THE OBSERVATIONS OF THE ASSESSING OFF ICER IN THE ASSESSMENT ORDER. AS REGARDS EMPLOYEES CONTRIBUTI ON, IT IS GOVERNED ONLY BY SEC.36(1)(VA) AND SEC.43B(B) AND D ELETION OF SECOND PROVISO TO SEC.43B HAVE NO APPLICATION. AS SEEN FROM THE ASSESSMENT ORDER AND AS ADMITTED BY THE APPELLANT, THERE IS DELAY IN MAKING PAYMENT. APPELLANTS CONTENTIONS ARE GEN ERAL AND VAGUE. HENCE DISALLOWANCE OF THE SAID SUM IS UPHEL D. THIS GROUND OF APPEAL IS DISMISSED. 14.1. WE FIND THAT THE ISSUE IS WITH REGARD TO DISA LLOWANCE OF PAYMENT TOWARDS EMPLOYEES PF/ESI CONTRIBUTION. THE HONBL E GUJARAT HIGH COURT RENDERED IN THE CASE OF CIT VS. GUJARAT STAT E ROAD TRANSPORT CORPORATION REPORTED AT (2014) 366 ITR 170(GUJ.), H AS HELD AS UNDER:- ITA NO.1130/AHD/2011 (BY REVENUE) AND CO NO.107/AHD/2011 (BY ASSESSEE) DCIT VS. RELISH PHARMACEUTICALS LTD. ASST.YEAR 2007-08 - 9 - 8.00. IN VIEW OF THE ABOVE AND FOR THE REASONS STA TED ABOVE, AND CONSIDERING SECTION 36(1)(VA) OF THE INCOME TAX ACT , 1961 READ WITH SUB-CLAUSE (X) OF CLAUSE 24 OF SECTION 2, IT I S HELD THAT WITH RESPECT TO THE SUM RECEIVED BY THE ASSESSEE FROM AN Y OF HIS EMPLOYEES TO WHICH PROVISIONS OF SUB-CLAUSE (X) OF CLAUSE (24) OF SECTION (2) APPLIES, THE ASSESSEE SHALL BE ENTITLED TO DEDUCTION IN COMPUTING THE INCOME REFERRED TO IN SECTION 28 WITH RESPECT TO SUCH SUM CREDITED BY THE ASSESSEE TO THE EMPLOYEES ACCOUNT IN THE RELEVANT FUND OR FUNDS ON OR BEFORE THE 'DUE DATE' MENTIONED IN EXPLANATION TO SECTION 36(1)(VA). CONSEQUENTLY, IT IS HELD THAT THE LEARNED TRIBUNAL HAS ERRED IN DELETING RESPECTIVE D ISALLOWANCES BEING EMPLOYEES CONTRIBUTION TO PF ACCOUNT / ESI A CCOUNT MADE BY THE AO AS, AS SUCH, SUCH SUMS WERE NOT CREDITED BY THE RESPECTIVE ASSESSEE TO THE EMPLOYEES ACCOUNTS IN T HE RELEVANT FUND OR FUNDS (IN THE PRESENT CASE PROVIDENT FUND AND/OR ESI FUND ON OR BEFORE THE DUE DATE AS PER THE EXPLANATION TO SE CTION 36(1)(VA) OF THE ACT I.E. DATE BY WHICH THE CONCERNED ASSESSE E WAS REQUIRED AS AN EMPLOYER TO CREDIT EMPLOYEES CONTRIBUTION TO THE EMPLOYEES ACCOUNT IN THE PROVIDENT FUND UNDER THE PROVIDENT F UND ACT AND/OR IN THE ESI FUND UNDER THE ESI ACT. CONSEQUENTLY, ALL THESE APPEALS ARE ALLOWED AND THE IMPUGNED JUDGEMENT AND ORDERS PASSED BY THE TRIBUNAL IN DELE TING THE DISALLOWANCES MADE BY THE AO ARE HEREBY QUASHED AND SET ASIDE AND THE DISALLOWANCES OF THE RESPECTIVE SUMS WITH R ESPECT TO THE PROVIDENT FUND / ESI FUND MADE BY THE AO IS HEREBY RESTORED. THE QUESTIONS RAISED IN PRESENT APPEAL ARE ANSWERED IN FAVOUR OF THE REVENUE. WITH THIS, ALL THESE APPEALS ARE ALLOW ED. 15. RESPECTFULLY FOLLOWING THE JUDGEMENT OF HONBLE JURISDICTIONAL HIGH COURT IN THE CASE OF CIT VS. GUJARAT STATE R OAD TRANSPORT CORPORATION(SUPRA), THIS GROUND OF CROSS OBJECTION FILED BY THE ASSESSEE IS DISMISSED. ITA NO.1130/AHD/2011 (BY REVENUE) AND CO NO.107/AHD/2011 (BY ASSESSEE) DCIT VS. RELISH PHARMACEUTICALS LTD. ASST.YEAR 2007-08 - 10 - 16. IN THE RESULT, REVENUES APPEAL IS ALLOWED, WHE REAS CROSS- OBJECTION FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE COURT ON TUESDAY, THE 30 TH DAY OF DECEMBER, 2014 AT AHMEDABAD. SD/- SD/- ( . . ) ( ) ( N.S. SAINI ) ( KUL BHARAT ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 30/ 12 /2014 +% . . , . . ./ T.C. NAIR, SR. PS !'# $#! / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. ! / THE RESPONDENT. 3. ,-. / / CONCERNED CIT 4. / ( ) / THE CIT(A)-XI, AHMEDABAD 5. 01 -. , % -. , , / DR, ITAT, AHMEDABAD 6. 134 / GUARD FILE. / BY ORDER, !0 //TRUE COPY// / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD 1. DATE OF DICTATION - 16.12.14 (DICTATION-PAD 16- P AGES ATTACHED AT THE END OF THIS FILE) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER ..23.12.14 3. OTHER MEMBER... 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BAC K TO THE SR.P.S./P.S...30.12.14 7. DATE ON WHICH THE FILE GOES TO THE BEN CH CLERK .30.12.14 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER