Smt. Asha Jain, Sonepat V. ITO, Sonepat

CO 156/DEL/2011

• Counselvise Citation: [2011] 122 COUNSELVISE.COM (IT) 6192 (ITAT-DELHI)
• Duration Of Justice: 1 month(s) 5 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 24-06-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 21-06-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 19-05-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MRS BANITA DEVI
• Keywords: Unexplained investment; Gift
• Section: 148

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : A : NEW DELHI BEFORE SHRI I.P. BANSAL, JUDICIAL MEMBER AND SHRI B.K. HALDAR, ACCOUNTANT MEMBER ITA NO.1899/DEL/2011 ASSESSMENT YEAR : 2006-07 THE INCOME-TAX OFFICER, WARD-1, SONEPAT. VS. SMT. ASHA JAIN, W/O SHRI VIJAY JAUN, C/O M/S VIJAY MOTOR STORE, ROHTAK ROAD, GOHANA (SONEPAT), (HARYANA). PAN : ABIPJ4746P C.O. NO.156/DEL/2011 (ITA NO.1899/DEL/2011) ASSESSMENT YEAR : 2006-07 SMT. ASHA JAIN, W/O SHRI VIJAY JAUN, C/O M/S VIJAY MOTOR STORE, ROHTAK ROAD, GOHANA (SONEPAT), (HARYANA). PAN : ABIPJ4746P VS. THE INCOME-TAX OFFICER, WARD-1, SONEPAT. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI K. SAMPATH, ADVOCATE REVENUE BY : MRS. BANITA DEVI, SR. DR ORDER PER I.P. BANSAL, JUDICIAL MEMBER THE APPEAL IS FILED BY THE REVENUE AND THE CROSS OBJE CTIONS BY THE ASSESSEE. THEY ARE DIRECTED AGAINST THE ORDER PASSED BY THE CIT (A) ON 8 TH FEBRUARY, 2011 FOR ASSESSMENT YEAR 2006-07. THE GROUN DS OF APPEAL AND GROUNDS OF CROSS OBJECTION READ AS UNDER: - GROUNDS OF APPEAL (ITA NO.1899/DEL/2011 ) 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT (A) HAS ERRED IN LAW AND FACTS IN TREATING THE INVE STMENT ITA NO.1899/DEL/2011 C.O. NO.156/DEL/2011 2 MADE BY SH. VIJAY JAIN, HUSBAND OF THE ASSESSEE AS I NVESTMENT MADE BY THE ASSESSEE WHEREAS BOTH ARE INDEPENDENT ENTITI ES UNDER THE INCOME-TAX ACT, 1961. 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT (A) HAS ERRED IN DELETING THE ADDITION OF RS.10,63 ,500/- MADE ON ACCOUNT OF UNEXPLAINED INVESTMENT IN PROPERTY. 3. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT (A) HAS ERRED IN LAW AND FACTS IN ACCEPTING THE EX PLANATION OF THE ASSESSEE WITHOUT ANY DOCUMENTARY EVIDENCE. 4. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT (A) HAS ERRED IN LAW AND FACTS IN TREATING THE INVE STMENT AS EXPLAINED WHEREAS NEITHER THE ASSESSEE HAS RECEIVED A NY GIFT NOR TAKEN ANY LOAN FROM SH. VIJAY JAIN, HUSBAND OF TH E ASSESSEE. 5. THAT THE APPELLANT CRAVES FOR THE PERMISSION TO ADD, DELETE OR AMEND THE GROUND OF APPEAL BEFORE OR AT THE TI ME OF HEARING OF APPEAL. GROUNDS OF CROSS OBJECTIONS (CO NO.156/DEL/2011 ) 1. THE LEARNED CIT (APPEALS) HAS RIGHTLY TREATED THE INVESTMENT OF RS.531750/- MADE BY SH. VIJAY JAIN HUSB AND OF THE APPELLANT BY GOING THROUGH THE RELEVANT FACTS AND DOCUME NTS AS THE SAME A.O. HAS ALSO ACCEPTED THE SUCH INVESTMENT IN TH E HAND OF SANJAY JAIN ITSELF. 2. THE LEARNED CIT (APPEALS) HAS RIGHTLY DELETED THE A DDITION OF RS.1063500/- MADE BY THE A.O. ON ACCOUNT OF UNEXPL AINED INVESTMENT. 3. THE LEARNED CIT (APPEALS) HAS RIGHTLY ACCEPTED THE EXPLANATION. 4. THE LEARNED CIT (APPEALS) HAS RIGHTLY HELD THE INVESTM ENT AS EXPLAINED BEING IT WAS NEITHER CASE OF LOAN OR GIF T OF SH. VIJAY JAIN TO SMT. ASHA JAIN. 2. THE ASSESSEE IS A PARTNER IN A FIRM, NAMELY M/S VIKAS B HATTA COMPANY AND ALSO EARNS INCOME FROM OTHER SOURCES. SHE HAS FILED HER RETURN OF INCOME AT ` 1,35,658/-. THE ASSESSMENT HAS BE EN FRAMED VIDE ORDER DATED 29 TH DECEMBER, 2009 IN WHICH ADDITION OF ` 10,63,500/- IS MADE ON ACCOUNT OF INVESTMENT IN PURCH ASE OF IMMOVABLE PROPERTY. THE TOTAL INCOME OF THE ASSESSEE H AS BEEN ASSESSED AT ` 11,99,158/- AGAINST THE RETURNED INCOME OF ` 1,35,658/-. ITA NO.1899/DEL/2011 C.O. NO.156/DEL/2011 3 3. THE IMPUGNED ASSESSMENT ORDER IS AN ORDER PASSED U/S 143 (3)/147 OF THE ACT. EARLIER, THE ASSESSMENT WAS FRAMED U/S 143(1). THEREAFTER, RE-ASSESSMENT PROCEEDINGS WERE INITIATED BY ISSUE OF NOTICE U/S 148 WHICH WAS SERVED ON THE ASSESSEE ON 16 TH FEBRUARY, 2009. THE RE-ASSESSMENT PROCEEDINGS WERE INITIATED ON THE GROUND T HAT INCOME TO THE EXTENT OF ` 10,63,500/- HAS ESCAPED ASSESSMENT AS T HE ASSESSEE DID NOT DECLARE INVESTMENT IN THE PURCHASE OF IMMOVAB LE PROPERTY AND, IN THIS MANNER, THE IMPUGNED ASSESSMENT HAS CAME TO BE FR AMED. IT IS NOTICED BY THE ASSESSING OFFICER IN THE ASSESSMENT ORDER THAT THE ASSESSEE HAD SHOWN AN OPENING BALANCE OF ` 8,17,883/- IN THE CAPITAL ACCOUNT OUT OF WHICH A SUM OF ` 5,35,696/- WAS INVESTE D IN M/S VIKAS BHATTA COM. AND ` 36,000/- WAS GIVEN TO S/SHRI RAJESH AND SANJAY. THEREFORE, THE ASSESSING OFFICER HAS ARRIVED AT A CONCLU SION THAT CASH IN HAND AVAILABLE WITH THE ASSESSEE WAS ONLY FROM LOAN A ND ADVANCES OF ` 1,82,000/- + ` 57,213/-. IT IS FURTHER NOTICED BY THE ASSESSING OFFICER THAT OUT OF LOANS AND ADVANCES SHE DEPOSITED ` 2,84,972/- IN HER BANK ACCOUNT WITH ALLAHABAD BANK, GOHANA UPTO 1 3.06.2005 FOR GIVING LOAN TO SHRI SANJAY JAIN. SHE HAS GIVEN LOAN OF ` 2,80,000/- TO SHRI SANJAY JAIN ON 14 TH JUNE, 2005 WHICH REMAINED WITH SHRI SANJAY JAIN UPTO 31 ST MARCH, 2006 WHICH HAS ALSO BEEN SHOWN AS DUE IN HER BALANCE SHEET FILED FOR ASSESSMENT YEAR 2006-07. THE ASSE SSEE EXPLAINED THAT INVESTMENT OF ` 5,31,750/- WAS MADE BY HER OUT OF HER CAPITAL AVAILABLE WITH HER AND THE AMOUNT OF ` 5,31 ,750/- WAS INVESTED BY HER HUSBAND SHRI VIJAY JAIN. IT WAS NOTICED BY TH E ASSESSING OFFICER THAT THE PROPERTY HAS BEEN REGISTERED IN THE NAME OF THE ASSESSEE. SHE DID NOT TAKE ANY LOAN OR GIFT FROM SHRI VIJAY J AIN. THE NAME OF SHRI VIJAY JAIN IS ALSO NOT APPEARING IN THE REGISTERED DEE D OF IMMOVABLE PROPERTY PURCHASED AND NO GIFT OR LOAN HAS BEEN SHOWN FROM SHRI VIJAY JAIN IN THE CAPITAL ACCOUNT AND BALANCE SHEET OF THE ASSESSEE FILED WITH THE RETURN AND, THUS, ACCORDING TO THE ASSESSING OFFICER , IT WAS PROVED THAT THE ASSESSEE HAS COOKED UP THE STORY TO AVOID PROOF OF INVESTMENT ITA NO.1899/DEL/2011 C.O. NO.156/DEL/2011 4 OF ` 5,31,750/- BY HER HUSBAND AND SHE ALSO COULD NOT PROVE INVESTMENT MADE BY HER OF `5,31,750/-. ACCORDING TO THE ASSESSING OFFICER, ALL THE FUNDS BELONGING TO HER WERE LOCKED UP EITHER WITH M/S VIKAS BHATTA COMPANY OR SHRI RAJESH AND SHRI SANJAY. HE DISBELIEVED THE VERSION OF THE ASSESSEE THAT INVESTMENT MADE BY HER I S PROVED BEYOND DOUBT FROM THE CAPITAL ACCOUNT AND BALANCE SH EET FILED BY HER. IN THIS MANNER, HE HAS ADDED THE ENTIRE INVESTMENT OF ` 10,63,500/- IN THE HANDS OF THE ASSESSEE. 4. BEFORE THE CIT (A) THE ASSESSEE CHALLENGED THE VALID ITY OF RE- ASSESSMENT PROCEEDINGS AS WELL AS THE ADDITION MADE BY THE ASSESSING OFFICER. IT WAS SUBMITTED THAT A PROPERTY AT GOHANA WAS PURCHASED FOR A SUM OF ` 42,54,000/- INCLUDING REGISTRATION CHARGES AND INCIDENTAL EXPENSES IN WHICH THE ASSESSEE AND HER HUSBAND SHRI VIJAY JAIN WAS HAVING SHARE AND ANOTHER SHARE WAS OWNED BY SMT. K USUM JAIN AND HER HUSBAND. IT WAS SUBMITTED THAT AS THE REGISTRAT ION CHARGES WERE LOWER IN THE CASE OF TITLE DEEDS REGISTERED IN TH E NAME OF LADIES, THE ENTIRE PROPERTY WAS GOT REGISTERED IN THE NAME OF THE ASSESSEE. HOWEVER, THE INVESTMENT OF ` 5,31,750/- WAS MADE BY T HE HUSBAND OF THE ASSESSEE AND SUCH FACT WAS CONFIRMED BY THE ASSESSING OFF ICER FROM THE FILE OF THE HUSBAND OF THE ASSESSEE DURING THE COURSE OF RE- ASSESSMENT PROCEEDINGS. THE PAYMENT WAS MADE THROUGH BAN KING CHANNEL WHICH WAS CONFIRMED BY THE ASSESSING OFFICER FRO M THE BANK. IT WAS ALSO SUBMITTED THAT ON SIMILAR GROUND SIMILAR RE- ASSESSMENT PROCEEDINGS WERE INITIATED IN THE CASE OF HUSBAND OF SMT. KUSUM JAIN, NAMELY, SHRI SANJAY KUMAR JAIN WHEREIN SIMILAR CONTE NTION OF THE ASSESSEE WAS ACCEPTED AND THE ASSESSMENT WAS ACCORDINGLY FRA MED WITHOUT MAKING ANY ADDITION. ON THESE SUBMISSIONS, LD. C IT (A) HAS UPHELD THE RE-ASSESSMENT PROCEEDINGS AND DELETED THE ADD ITION. HE HAS RECORDED A FINDING THAT THOUGH THE PROPERTY IS R EGISTERED IN THE NAME OF LADIES FOR AVAILING THE BENEFIT OF LOWER REG ISTRATION CHARGES, ITA NO.1899/DEL/2011 C.O. NO.156/DEL/2011 5 BUT, IT IS EVIDENCED FROM THE DETAILS OF PAYMENTS AND THE BALANCE SHEET THAT THE ASSESSEE HAD CONTRIBUTED ONLY OF SHARE OF T HE TOTAL PROPERTY. THE AMOUNT OF ` 5,31,750/- HAS BEEN DULY REFLECTED IN THE BALANCE SHEET OF THE ASSESSEE AND THE EVIDENCE FOR MAKIN G PAYMENT TO SELLER HAS ALSO BEEN FURNISHED. THE REMAINING SHARE OF SHARE IN THE HANDS OF THE HUSBAND OF THE ASSESSEE IS ALSO DULY REFLE CTED IN HIS BALANCE SHEET ALONG WITH THE DETAILS OF PAYMENTS AND T HE ASSESSEE HAD ADEQUATE SOURCES TO MAKE THE SAID INVESTMENT. THE DEPA RTMENT IS AGGRIEVED, HENCE, HAS FILED THE AFOREMENTIONED APPEA L. IN THE CROSS OBJECTIONS, THE ASSESSEE IS SUPPORTING THE ORDER OF THE LD . CIT (A). 5. LD. DR, RELYING UPON THE ASSESSMENT ORDER, PLEADED T HAT THE ASSESSEE COULD NOT PROVE THE INVESTMENT MADE BY HER IN T HE AFOREMENTIONED PROPERTY. THE ASSESSEE IS OWNER OF SHAR E IN THE SAID PROPERTY. THE NAME OF THE HUSBAND OF THE ASSESSEE HA S NOT BEEN MENTIONED IN THE REGISTERED DEED. THUS, SHE PLEADED T HAT THE ADDITION WAS RIGHTLY MADE BY THE ASSESSING OFFICER AND IT HAS WRON GLY BEEN DELETED BY THE CIT (A). 6. ON THE OTHER HAND, IT WAS SUBMITTED BY THE LD. COU NSEL OF THE ASSESSEE THAT THE IMPUGNED PROPERTY WAS PURCHASED BY THE ASSESSEE THROUGH THREE TITLED DEEDS THE COPY OF WHICH IS ENCLO SED IN THE PAPER BOOK AS ANNEXURE A, B AND C AND THE DETAILS OF WHICH ARE AS UNDER:- DETAIL OF PROPERTY OF RS.4254000.00 PURCHASE IN GO HANA DETAIL OF PROPERTY OF RS.4254000.00 PURCHASE IN GOH ANA DETAIL OF PROPERTY OF RS.4254000.00 PURCHASE IN GOH ANA DETAIL OF PROPERTY OF RS.4254000.00 PURCHASE IN GOH ANA A) 20.12.2005 740000.00 + STAMP EXP. 44400.00 B) 19.12.2005 985000.00 + STAMP EXP. 59100.00 C) 12.12.2005 2280000.00 + STAMP EXP. 1 36800.00 4005000.00 240300.00=4245300.0 0 OTHER EXP. 8700.00 _____________ 4254000.00 4254000.00 4254000.00 4254000.00 3/4 TH SHARE AS PER DEED OF SMT. KUSUM JAIN 3190500.0 0 1/4 TH SHARE AS PER DEED OF SMT. ASHA JAIN 1063500. 00 4254000.00 4254000.00 4254000.00 4254000.00 ITA NO.1899/DEL/2011 C.O. NO.156/DEL/2011 6 7. HE SUBMITTED THAT THE ASSESSEE HAS SHOWN THE SAID INVESTM ENT IN THE BALANCE SHEET ANNEXED BY HER WITH THE RETURN OF INCOME. HE SUBMITTED THAT COPY OF SUCH BALANCE SHEET IS FILED IN T HE PAPER BOOK AT PAGE 9 WHICH IS AS UNDER:- BALANCE SHEET CAPITAL A/C 930858.30 M/S VIKAS BHATTA CO. 519321.00 SMT. ADITYA JAIN 07.7.2005 GRAND DAUGHTER OF SH. D.K. JAIN THROUGH CHEQUE. 1000000.00 SHREE MAHAVEERA BHATTA CO. 6490.00 SANJAY JAIN, S/O SH. OM PARKASH JAIN, GOHANA, 26.06.2005 CHEQUE 500000.00 SANJAY JAIN 16.04.2005 CHEQUE 280000.00 ALLAHABAD BANK, GOHANA 12132.00 SHARE IN PROPERTY ROHTAK ROAD, GOHANA 1001250.00 REGISTRATION 62250.00 TOTAL 1063500.00 FURTHER SHARE CONTRIBUTED BY HUSBAND SH. VIJAY JAIN 531750.00 531750.00 M/S OM PARKASH SANJAY KUMAR, GOHANA CHEQUE 17.01.2006. 500000.00 LOAN & ADVANCES 460000.00 SANJAY B.K.O 18000.00 CASH IN HAND 66882.00 DIFF. 283.30 TOTAL 2430858.30 2430858.30 8. HE SUBMITTED THAT AN AMOUNT OF ` 5 LAC WAS RECEIVE D BY THE ASSESSEE FROM SHRI SANJAY JAIN BY WAY OF DRAFT WHICH WA S PAID TO SHRI MAHENDRA SINGH VERMA AND, THUS, THERE WAS A DEBIT BAL ANCE OF THE ASSESSEE WITH SHRI SANJAY JAIN AS ON 31 ST MARCH, 2006. HE SUBMITTED THAT THIS FACT IS FOUND PLACE IN THE ASSESSMENT ORDER AS T HE ASSESSING OFFICER HAS WRONGLY REJECTED SUCH CLAIM OF THE ASSESSEE A ND LD. CIT (A) HAS ACCEPTED SUCH SUBMISSION OF THE ASSESSEE. HE SUBMITTED T HAT THE MANAGER, ORIENTAL BANK OF COMMERCE (OBC), GOHANA HA S CONFIRMED THAT THE APPLICATION FILED BY SHRI SANJAY KUMAR VID E WHICH IT HAS BEEN VERIFIED BY THE BANK THAT DRAFT NO.995108 DATED 20 TH JUNE, 2005 WAS ISSUED FROM ACCOUNT NO.16615 RELATING TO SHRI SANJAY KUMAR AGAINST CHEQUE NO.345201 OF ` 5 LAC IN FAVOUR OF MAHENDRA V ERMA, ROHTAK AND ITA NO.1899/DEL/2011 C.O. NO.156/DEL/2011 7 COPY OF SUCH CERTIFICATE IS FILED IN THE PAPER BOOK. HE ALSO REFERRED TO THE COPY OF DEMAND DRAFT ISSUED BY OBC IN THE NAME OF MAHENDRA VERMA. 9. HE FURTHER SUBMITTED THAT THE INVESTMENT MADE BY T HE HUSBAND OF THE ASSESSEE, NAMELY, SHRI VIJAY JAIN, IS ASSESSED TO INC OME-TAX UNDER PAN ADMPJ 1982 F, WARD 1, SONEPAT AND HIS BALA NCE SHEET ALSO DULY SHOWED THE INVESTMENT MADE BY HIM IN THE AFOREME NTIONED PROPERTY. THE COPY OF BALANCE SHEET WHICH IS PLACED AT PAGE 10 OF THE PAPER BOOK IS REPRODUCED BELOW:- VIJAY JAIN, S/O SH. OM PARKASH JAIN PAN : ADMPJ1982F BALANCE SHEET AS ON 31.03.06. CAPITAL A/C 1,135,571.00 TRUCK NO.5785 127,940.00 BBF 982,858.00 OBC GOHANA 016616 20,099.00 INCOME OF THE YEAR 98,713.00 PLOT VERY VERY OLD 14,000.00 GIFT FROM MOTHER KANAK MALA JAIN ASSESSEE FROM THE LAST 10 YEARS ADMPJ- 1981G UPON MAHAVIR JAYANTI 51,000.00 LOAN ADVANCED LAST YEAR 200,000.00 UPON BIRTH DAY 51,000.00 1/8 SHARE OF TOTAL INVESTMENT 531,750.00 1,183,571. 00 DRAFT SENT TO VERMA JI 500,000.00 LESS: H/H CONTRIBUTION 48,000.00 16.05.05 BALANCE AMOUNT 625.00 08.06.05 DRAFT FROM TO J.K. JAIN DELHI LOAN 1,25,000.00 REGISTRATION EXPENSES 31,125.00 LOAN/ADVANCED/ PAWNING 165,000.00 CASH IN HAND 1,360.00 BIG CHEST 200,000.00 DIFFERENCE 422.00 1,260,571.00 1,260,571.00 10. HE FURTHER REFERRED TO PAGE 11 OF THE PAPER BOO K WHEREIN COPY OF TRANSFER VOUCHER HAS BEEN SUBMITTED BY WHICH THE HUSBAN D OF THE ASSESSEE HAS INSTRUCTED ORIENTAL BANK OF COMMERCE TO ISSUE A DRAFT OF ITA NO.1899/DEL/2011 C.O. NO.156/DEL/2011 8 ` 5 LAC IN THE NAME OF THE SELLER OF THE PROPERTY, N AMELY, SHRI PANKAJ VERMA WHICH INCLUDED EXCHANGE OF ` 2,205/-. IN THIS MANNER, HE HAS SUBMITTED THAT THE ADDITION HAS RIGHTLY BEEN DELETED BY THE CIT (A) AND HIS ORDER SHOULD BE CONFIRMED. SO FAR AS IT RELATES TO THE CROSS OBJECTIONS FILED BY THE ASSESSEE, HE SUBMITTED THAT IT IS SUPPORTING THE ORDER OF THE CIT (A). 11. WE HAVE CAREFULLY CONSIDERED THE RIVAL SUBMISSIONS I N THE LIGHT OF THE MATERIAL PLACED BEFORE US. THE INVESTMENT MADE B Y THE ASSESSEE IN THE PROPERTY IS DULY DEPICTED IN THE BALANCE SHEET OF THE ASSESSEE AND HER HUSBAND. THE ASSESSEE HAS ALSO EXPLAINED THE SOURC E OF MAKING SUCH PAYMENT WHICH ARE SUPPORTED BY DOCUMENTAR Y EVIDENCE. THE PROPERTY HAS BEEN GOT REGISTERED IN THE NAME OF T HE ASSESSEE DUE TO THE FACT THAT WHEN THE PROPERTY IS PURCHASED IN TH E NAME OF THE LADIES, IT WILL BE LIABLE FOR LESSER STAMP DUTY. THE H USBAND OF THE ASSESSEE IS BEING ASSESSEE TO INCOME-TAX AND INVESTMENT OF HI S PART HAS ALSO BEEN DULY DEPICTED IN THE BALANCE SHEET. THE ASSESSEE HAS ALSO PLACED COPIES OF ALL THE THREE TITLE DEEDS ON THE RECORD OF THE TRIBUNAL AND THE COPY OF RELATED EVIDENCE FROM WHER E IT IS CLEAR THAT CIT (A) HAS RIGHTLY DELETED THE ADDITION AND THERE I S NO INFIRMITY IN HIS ORDER VIDE WHICH THE AFOREMENTIONED ADDITION HAS BEE N DELETED. WE DECLINE TO INTERFERE. AS WE HAVE UPHELD THE DELETIO N OF THE ADDITION, THE CROSS OBJECTION FILED BY THE ASSESSEE HAS BECOME INFRU CTUOUS. 12. IN THE RESULT, THE APPEAL FILED BY THE REVENUE A S WELL AS THE CROSS OBJECTIONS FILED BY THE ASSESSEE BOTH ARE DISMISSED IN THE MANNER AFORESAID. THE ORDER PRONOUNCED IN THE OPEN COURT ON 24.06.20 11. SD/- SD/- [B.K. HALDAR] [I.P. BANSAL] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED, 24.06.2011. ITA NO.1899/DEL/2011 C.O. NO.156/DEL/2011 9 DK COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT TRUE COPY BY ORDER, DEPUTY REGISTRAR, ITAT, DELHI BENCHES