M/s. Vaishali Travel Services Pvt. Ltd., New Delhi V. ACIT, New Delhi

CO 332/DEL/2012

• Counselvise Citation: [2013] 122 COUNSELVISE.COM (IT) 9159 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 2 month(s) 17 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 06-12-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Next Hearing Date: 21-11-2013
• Assessment Year: 2006-2007
• Appeal Filed On: 19-09-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SAMEER SHARMA
• Assessee Lawyers: C S AGGARWAL
• Keywords: Reassessment proceedings
• Section: 143(3); 147; 148

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: H NEW DELHI BEFORE SMT DIVA SINGH, JUDICIAL MEMBER AND SHRI B.C.MEENA, ACCOUNTANT MEMBER I.T.A .NO.-4314/DEL/ 2012 (ASSESSMENT YEAR-2006-07) ACIT, CIRCLE-17(1), C.R. BUILDING, NEW DELHI-110019 (APPELLANT) VS VAISHALI TRAVEL SERVICE PVT. LTD., 303-304, PADMA TOWER-I, RAJENDRA PLACE, NEW DELHI-110001. P AN-AAACV0687R (RESPONDENT) C.O-332/DEL/2012 (IN I.T.A .NO.-4314/D EL/2012) (ASSESSMENT YEAR-2006-07) VAISHALI TRAVEL SERVICE PVT. LTD., 303-304, PADMA TOWER-I, RAJENDRA PLACE, NEW DELHI-110001. P AN-AAACV0687R (APPELLANT) VS ACIT, CIRCLE-17(1), C.R. BUILDING, NEW DELHI-110019 (RESPONDENT) APPELLANT BY SH.C.S.AGGARWAL, SR. ADV. & SH. RAVI PRATAP MALL, ADV. RESPONDENT BY SH. SAMEER SHARMA, SR. DR ORDER PER DIVA SINGH, JM THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE A GAINST THE ORDER DATED 06.06.2012 OF CIT(A)-XIX, NEW DELHI PERTAINING TO 2 006-07 ASSESSMENT YEAR ON THE FOLLOWING GROUNDS:- 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE AND IN LAW THE LEARNED CIT(A) HAS ERRED IN DELETING THE ADDITION O F RS.20,40,464/- ON ACCOUNT OF DIFFERENCE IN FOREIGN EXCHANGE RECEIPTS AS PER TAX AUDIT REPORT AND THOSE DISCLOSED IN THE PROFIT & LOSS ACCOUNT. I.T.A .NO.-4314/DEL/2012 & C.O-332/DEL/2012 2 2. THE APPELLANT CRAVES FOR RESERVING THE RIGHT TO AMEND, MODIFY, ALTER, ADD OR FOREGO ANY GROUND(S) OF APPEAL AT ANY TIME B EFORE OR DURING THE HEARING OF APPEAL. 2. THE RELEVANT FACTS OF THE CASE ARE THAT THE ASSE SSEE DECLARED AN INCOME OF RS.24,56,654/- BY WAY OF FILING ITS RETURN ON 28.11 .2006. THE ASSESSMENT WAS CONCLUDED BY ORDER U/S 143(3) DATED 15.12.2008 AT A N INCOME OF RS.2456,654/-. SUBSEQUENTLY THE CASE WAS REOPENED U/S 147 BY ISSUA NCE OF NOTICE U/S 148 DATED 30.03.2011 ON ACCOUNT OF THE FOLLOWING REASONS:- ASSESSEE COMPANY HAS CREDITED AN AMOUNT OF RS.7,31 ,87,218/- & RS.900.691/- ON ACCOUNT OF RECEIPT CONVERTIBLE FO REIGN EXCHANGE AND EXCHANGE GAIN (FOREIGN RECEIPT) RESPECTIVELY WHILE AS PER NOTES OF ACCOUNTS TOTAL RECEIPT OF THE COMPANY IN FOREIGN CURRENCY IS RS.7,61,28,643/-. CONSIDERING THE ABOVE FACTS, I HAVE THEREFORE, REAS ON TO BELIEVE THAT A SUM OF RS.20,40,464/- CHARGEABLE TO TAX HAS ESCAPED ASSESS MENT. THUS, THE SAME IS TO BE BROUGHT TO TAX UNDER SECTION 147/148 OF THE I .T. ACT 1961. 3. A PERUSAL OF THE 143(3)/148 ORDER DATED 14/12/20 11SHOWS THAT THE ASSESSEE FILED ITS LETTER DATED 18.05.2011 WHEREIN IT WAS EXPLAINED THAT THE DISCREPANCY AROSE ON ACCOUNT OF SERVICE TAX RECEIPT S AND RECEIPTS FROM SUNDRY DEBTORS. THE AO REQUIRED THE ASSESSEE TO PRODUCE THE COMPLETE BILLS AND VOUCHERS ALONGWITH BOOKS OF ACCOUNTS FOR RECONCILIA TION WHICH WAS NOT DONE. IN THESE CIRCUMSTANCES AN ADDITION OF RS.20,40,464/ - WAS MADE IN THE HANDS OF THE ASSESSEE. 3.1. THE ASSESSEE CHALLENGED THESE ACTIONS BEFORE T HE CIT(A). IN SUPPORT OF THE GROUNDS RAISED IT WAS ARGUED THAT THE ASSESSEE IS A TOUR OPERATOR AND THE AO HAS ERRED ON FACTS AND LAW IN MAKING AN ADDITION OF SAID AMOUNT ON THE BASIS THAT IN THE NOTES TO THE ACCOUNTS THE ASSESSEE HAD DECLARED TOTAL RECEIPTS OF THE COMPANY IN FOREIGN CURRENCY AT RS.7,61,28,643/- WHE REAS THE RECEIPTS DISCLOSED IN THE PROFIT & LOSS ACCOUNT WERE RS.7,40,87,909/-. FOR READY REFERENCE WE EXTRACT THE RELEVANT PORTION OF THE ARGUMENTS ADVAN CED FROM THE IMPUGNED ORDER ITSELF. I.T.A .NO.-4314/DEL/2012 & C.O-332/DEL/2012 3 7.1. THE AO NOTICED THAT THERE IS DIFFERENCE OF RS. 20,40,464/- BETWEEN THE FIGURE OF RS.7,40,88,179/- AS SHOWN IN THE P&L A/C AND FIGURE OF RS.7,61,28,643/- AS DISCLOSED IN THE NOTES TO THE F INANCIAL STATEMENTS. IN THE COURSE OF REASSESSMENT PROCEEDINGS THE APPELLANT VI DE REPLY DATED 18.05.2011 SUBMITTED AS UNDER :- WE WOULD LIKE TO BRING TO YOUR NOTICE THAT THE COM PANY HAS NOT ESCAPED ANY INCOME DURING THE ABOVE SAID ASSESSMENT YEAR. THE FIGURE OF RS.7,61,28,643/- SHOWN IN THE NOTES ON ACCOUNT IN SCHEDULE B, ATTACH ED WITH THE BALANCE SHEET. FOREIGN CURRENCY RECEIPT OF RS.7,61,28,643/-, IS ON ACCOUNT OF TOTAL FOREIGN EXCHANGE RECEIPT ON VARIOUS ACCOUNTS DURING THE ASS ESSMENT YEAR 2006-07. THIS INCLUDES PAYMENT RECEIVED FROM SUNDRY DEBTORS PERTAINING TO PREVIOUS FINANCIAL YEAR ENDING ON 31.3.2005 AND PAYMENTS FRO M THE DEBTORS PERTAINING TO THE CURRENT FINANCIAL YEAR ENDING ON 31.3.2005, THE TOTAL FOREIGN EXCHANGE RECEIPT RS.7,61,28,643/- ALSO INCLUDED RS.26,97,665 /- ON ACCOUNT OF SERVICE TAX CHARGED FROM THE CLIENTS. DURING THE ASSESSMENT YEAR 2006-07 THE TOTAL AMOUNT OF FOREIGN EXCHANGE INVOICES RAISED BY THE COMPANY WAS AGGREGATING RS.7 ,58,84,883/- WHICH WAS INCLUDES OF RS.26,97,665/- ON ACCOUNT OF SERVICE TA X CHARGED FROM THE CLIENTS IN THE RESPECTED INVOICE AND WHICH WAS PAYABLE AS STATUTORY LIABILITY WHICH WAS PAID FROM TIME TO TIME AND BALANCE AMOUNT OF RS .7,31,87,218/- SHOWN IN THE PROFIT AND LOSS ACCOUNT. FOREIGN EXCHANGE INC OME OF THE COMPANY FOR ASSESSMENT YEAR 2006-07, THE DIFFERENCE SHOWN BETWE EN TWO FIGURES, IS FIRSTLY ON ACCOUNT OF SERVICE TAX RECEIPTS FROM CLIENTS WHI CH IS NOT INCOME OF THE COMPANY, SECONDLY THE TOTAL RECEIPTS IN FOREIGN CUR RENCY SHOWN RS.7,61,28,643/- IN SCHEDULE-B ATTACHED WITH THE BA LANCE SHEET, ALSO INCLUDES PAYMENT RECEIPT FROM SUNDRY DEBTORS OUTSTANDING AS ON 31.3.2005 ON ACCOUNT OF INCOME BOOKED IN PREVIOUS ASSESSMENT YEAR. THE PAYMENT RECEIVED ON ACCOUNT OF SERVICE TAX IS N OT THE INCOME OF THE COMPANY BUT A STATUTORY LIABILITY WHICH THE COMPANY HAS TO DEPOSIT WITH THE SERVICE TAX DEPARTMENT. THE PAYMENT RECOVERABLE FROM SUNDRY DEBTORS ON ACCO UNT OF INCOME AND SERVICE TAX OUTSTANDING AT THE CLOSE OF THE YEAR 31 .3.2006 WAS PARTY RECEIVED IN THE NEXT FINANCIAL YEAR I.E. 2007-08. THUS THE TOTAL FOREIGN EXCHANGE RECEIPT RS.7,61,28, 643/- SHOWN IN NOTES TO ACCOUNT IN SCHEDULE-B ATTACHED WITH THE BALANCE SHE ET, IS NOT HE INCOME OF THE COMPANY. AS STATED ABOVE WHICH INCLUDES PAYMENT ON ACCOUNT OF SERVICE TAX, BALANCE RECOVERABLE FROM DEBTORS FOR THE PREVIOUS F INANCIAL YEAR AS WELL AS THE CURRENT FINANCIAL YEAR. WE ARE ENCLOSING HEREWITH A STATEMENT AS ANNEXURE-I GIVING COMPLETE DETAILS OF FOREIGN EXCHANGE RECEIPT AS WELL AS INCOME/PAYME NT RECEIPTS ON ACCOUNT OF SERVICE TAX/DEBTORS, FROM THIS STATEMENT IT IS CLAR IFY VARIOUS HEADS OF ACCOUNT AGAINST WHICH THE TOTAL FOREIGN EXCHANGE RECEIPTS F IGURE OF RS.7,61,28,643/- HAS BEEN ARRIVED AT. AS PER REQUIREMENTS OF THE CO MPANY ACT, 1956 THE COMPANY HAS TO DISCLOSED THE TOTAL RECEIPT IN FORE IGN CURRENCY AS WELL AS FOREIGN CURRENCY PAYMENT, THUS THE FIGURE RS.7,61,2 8,643/- IS THE FOREIGN I.T.A .NO.-4314/DEL/2012 & C.O-332/DEL/2012 4 EXCHANGE RECEIPTS WHICH IS NOT THE INCOME OF THE CO MPANY DURING THE SAID FINANCIAL YEAR. 3.2 CONSIDERING THE SAME THE CIT(A) PROCEEDE D TO DELETE THE ADDITION MADE ON THE FOLLOWING REASONING :- 6. I HAVE GONE THROUGH THE ASSESSMENT ORDER AND TH E DETAILED WRITTEN SUBMISSIONS FILED BY THE AR IN THIS REGARD. 7.1. THE AO NOTICED THAT THERE IS DIFFERENCE OF RS. 20,40,464/- BETWEEN THE FIGURE OF RS.7,40,88,179/- AS SHOWN IN THE P&L A/C AND FIGURE OF RS.7,61,28,643/- AS DISCLOSED IN THE NOTES TO THE F INANCIAL STATEMENTS. IN THE COURSE OF REASSESSMENT PROCEEDINGS THE APPELLANT VI DE REPLY DATED 18.05.2011 SUBMITTED AS UNDER :- WE WOULD LIKE TO BRING TO YOUR NOTICE THAT THE COM PANY HAS NOT ESCAPED ANY INCOME DURING THE ABOVE SAID ASSESSMENT YEAR. THE FIGURE OF RS.7,61,28,643/- SHOWN IN THE NOTES ON ACCOUNT IN SCHEDULE B, ATTACH ED WITH THE BALANCE SHEET. FOREIGN CURRENCY RECEIPT OF RS.7,61,28,643/-, IS ON ACCOUNT OF TOTAL FOREIGN EXCHANGE RECEIPT ON VARIOUS ACCOUNTS DURING THE ASS ESSMENT YEAR 2006-07. THIS INCLUDES PAYMENT RECEIVED FROM SUNDRY DEBTORS PERTAINING TO PREVIOUS FINANCIAL YEAR ENDING ON 31.3.2005 AND PAYMENTS FRO M THE DEBTORS PERTAINING TO THE CURRENT FINANCIAL YEAR ENDING ON 31.3.2005, THE TOTAL FOREIGN EXCHANGE RECEIPT RS.7,61,28,643/- ALSO INCLUDED RS.26,97,665 /- ON ACCOUNT OF SERVICE TAX CHARGED FROM THE CLIENTS. DURING THE ASSESSMENT YEAR 2006-07 THE TOTAL AMOUNT OF FOREIGN EXCHANGE INVOICES RAISED BY THE COMPANY WAS AGGREGATING RS.7 ,58,84,883/- WHICH WAS INCLUDES OF RS.26,97,665/- ON ACCOUNT OF SERVICE TA X CHARGED FROM THE CLIENTS IN THE RESPECTED INVOICE AND WHICH WAS PAYABLE AS STATUTORY LIABILITY WHICH WAS PAID FROM TIME TO TIME AND BALANCE AMOUNT OF RS .7,31,87,218/- SHOWN IN THE PROFIT AND LOSS ACCOUNT. FOREIGN EXCHANGE INC OME OF THE COMPANY FOR ASSESSMENT YEAR 2006-07, THE DIFFERENCE SHOWN BETWE EN TWO FIGURES, IS FIRSTLY ON ACCOUNT OF SERVICE TAX RECEIPTS FROM CLIENTS WHI CH IS NOT INCOME OF THE COMPANY, SECONDLY THE TOTAL RECEIPTS IN FOREIGN CUR RENCY SHOWN RS.7,61,28,643/- IN SCHEDULE-B ATTACHED WITH THE BA LANCE SHEET, ALSO INCLUDES PAYMENT RECEIPT FROM SUNDRY DEBTORS OUTSTANDING AS ON 31.3.2005 ON ACCOUNT OF INCOME BOOKED IN PREVIOUS ASSESSMENT YEAR. THE PAYMENT RECEIVED ON ACCOUNT OF SERVICE TAX IS N OT THE INCOME OF THE COMPANY BUT A STATUTORY LIABILITY WHICH THE COMPANY HAS TO DEPOSIT WITH THE SERVICE TAX DEPARTMENT. THE PAYMENT RECOVERABLE FROM SUNDRY DEBTORS ON ACCO UNT OF INCOME AND SERVICE TAX OUTSTANDING AT THE CLOSE OF THE YEAR 31 .3.2006 WAS PARTY RECEIVED IN THE NEXT FINANCIAL YEAR I.E. 2007-08. THUS THE TOTAL FOREIGN EXCHANGE RECEIPT RS.7,61,28, 643/- SHOWN IN NOTES TO ACCOUNT IN SCHEDULE-B ATTACHED WITH THE BALANCE SHE ET, IS NOT HE INCOME OF THE COMPANY. AS STATED ABOVE WHICH INCLUDES PAYMENT ON ACCOUNT OF SERVICE TAX, I.T.A .NO.-4314/DEL/2012 & C.O-332/DEL/2012 5 BALANCE RECOVERABLE FROM DEBTORS FOR THE PREVIOUS F INANCIAL YEAR AS WELL AS THE CURRENT FINANCIAL YEAR. WE ARE ENCLOSING HEREWITH A STATEMENT AS ANNEXURE-I GIVING COMPLETE DETAILS OF FOREIGN EXCHANGE RECEIPT AS WELL AS INCOME/PAYME NT RECEIPTS ON ACCOUNT OF SERVICE TAX/DEBTORS, FROM THIS STATEMENT IT IS CLAR IFY VARIOUS HEADS OF ACCOUNT AGAINST WHICH THE TOTAL FOREIGN EXCHANGE RECEIPTS F IGURE OF RS.7,61,28,643/- HAS BEEN ARRIVED AT. AS PER REQUIREMENTS OF THE CO MPANY ACT, 1956 THE COMPANY HAS TO DISCLOSED THE TOTAL RECEIPT IN FORE IGN CURRENCY AS WELL AS FOREIGN CURRENCY PAYMENT, THUS THE FIGURE RS.7,61,2 8,643/- IS THE FOREIGN EXCHANGE RECEIPTS WHICH IS NOT THE INCOME OF THE CO MPANY DURING THE SAID FINANCIAL YEAR. 7.2. DISREGARDING THE EXPLANATION AND WITHOUT POINT ING OUT ANY ERROR IN THE FIGURE FURNISHED BY THE AR, THE AO PROCEEDED TO MAK E THE ADDITION. 7.3. THE RECONCILIATION FILED (BASED ON THE FIGURES GIVEN TO THE AO) IS AS UNDER :- SR. NO. PARTICULARS AMOUNT (RS.) I) FOREIGN EXCHANGE RECEIPTS SHOWN IN THE PROFIT AND LOSS ACCOUNT FOR THE FINANCIAL YEAR ENDING 31.3.2006 7,31,87,218/- (PAGE 4 OF PAPER BOOK) II) CONVERTIBLE FOREIGN EXCHANGE FLUCTUATION GAIN/LOSS (NET) (** ADOPTED BY AO RS.9,00,961/- INSTEAD OF RS.9,00,601/-) 9,00,601.40/-** (PAGE 4 OF PAPER BOOK) III) TOTAL INCOME FROM FOREIGN CLIENTS AS PER PROFIT AND LOSS ACCOUNT 7,40,87,819.40/- III) ADD: SERVICE TAX 26,97,665.40/- (PAGE 40 READ WITH PAGES 41 TO 54 OF PAPER BOOK) IV) TOTAL 7,67,85,484.40/- V) ADD: AMOUNT REALIZED DURING THE YEAR OUT OF OUTSTANDING ON THE FIRST DAY OF THE YEAR I.E. 1.4.2005 (VAISHALI TRAVEL JAPAN CO. LTD.) 88,83,654/- (PAGES 55-84 READ WITH PAGE 2 OF PAPER BOOK) 8,56,69,138.40/- VI) LESS : AMOUNT NOT REALIZED DURING THE YEAR AND, OUTSTANDING AT THE CLOSE OF THE YEAR I.E 31.3.2006. BREAK UP OF WHICH IS AS UNDER : I) VAISHALI TRAVELS JAPAN CO. LTD. 92,71,611/- (PAGES 85- 107 OF PAPER BOOK) II) FREE INDIVIDUAL TRANSIT (MR. 1,84,314/- 94,55,925/- (PAGE 2 READ WITH PAGES 85 TO 107 OF PAPER BOOK) I.T.A .NO.-4314/DEL/2012 & C.O-332/DEL/2012 6 KAWANO SHIGERO) 7,62,13,213.40/- VII) LESS : CHARGES DEDUCTED BY BANK ON REALIZATION REPRESENTING FOR CREDITED TO PROFIT AND LOSS BUT DEDUCTED BY BANK CHARGES I) ON ACCOUNT OF BANK CHARGES 26,573/- II) ON ACCOUNT OF JOB DONE TO BE FILED 57,997/- 84,570/- VIII) TOTAL FOREIGN EXCHANGE RECEIPTS DURING THE ASSESSMENT YEAR (AS PER NOTES TO ACCOUNT SCHEDULE-B) 7,61,28,643.40/- 7.4. AFTER CAREFUL CONSIDERATION OF THE FACTS OF TH E CASE AND IN THE LIGHT OF THE ABOVE RECONCILIATION, THERE IS NO SUPPRESSION OF RECEIPTS AND NO CASE FOR ANY ADDITION ON ACCOUNT OF DIFFERENCE ALLEGED BY THE AO. RELIEF : RS.20,40,464/- ACCORDINGLY, GROUND NOS. 3 & 4 ARE ALLOWED. 4. AGGRIEVED BY THIS THE REVENUE IS IN APPEAL BEFOR E THE TRIBUNAL. THE LD. SR. DR PLACED RELIANCE UPON THE ASSESSMENT ORDER. HE WAS SPECIFICALLY REQUIRED TO POINT OUT WHETHER THERE IS ANY ERROR IN THE RE-C ONCILIATION OR INFIRMITY ON FACTS IN THE ARGUMENTS ADVANCED ON BEHALF OF THE ASSESSEE WHICH HAVE BEEN TAKEN INTO CONSIDERATION IN ARRIVING AT THE CONCLUSION. HOWEVE R APART FROM RELYING UPON THE ASSESSMENT ORDER NO INFIRMITY IN THE IMPUGNED O RDER WAS POINTED OUT. 4.1. LD. AR ON THE OTHER HAND HEAVILY RELYING UPON THE IMPUGNED ORDER CONTENDED THAT IN THE ABSENCE OF ANY COGENT ARGUMEN TS ON BEHALF OF THE REVENUE ASSAILING THE IMPUGNED ORDER, HE WOULD HEAV ILY RELY UPON THE FACTS AS TAKEN INTO CONSIDERATION BY THE CIT(A) WHICH REMAIN ED UNASSAILED. THE RECONCILIATION TAKEN INTO CONSIDERATION BASED ON TH E FIGURES GIVEN TO THE AO WAS HEAVILY RELIED UPON. 5. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IN THE ABSENCE OF ANY ARGUMENTS ASSAIL ING ANY FACT LET ALONE A MATERIAL FACT TAKEN INTO CONSIDERATION IN THE IMPUG NED ORDER, WE FIND NO GOOD REASON TO INTERFERE WITH THE IMPUGNED ORDER. THE A SSESSEE HAVING SUCCESSFULLY I.T.A .NO.-4314/DEL/2012 & C.O-332/DEL/2012 7 ESTABLISHED ON FACTS THAT THERE WAS NO ESCAPEMENT O F INCOME AND THE AMOUNT ADDED BY THE AO ON FACTS HAD WRONGLY BEEN CONSIDERE D AS ASSESSEES INCOME WE HAVE NO ALTERNATIVE BUT TO CONFIRM THE IMPUGNED ORDER. BEING SATISFIED WITH THE REASONING AND THE FINDING ON FACT WHICH REMAINE D UNASSAILED THE DEPARTMENTAL GROUND IS DISMISSED. 6. THE ASSESSEE IN ITS CROSS OBJECTION HAS CHALLENG ED THE ACTION OF THE CIT(A) IN NOT DISPOSING THE GROUND NO-2 AND 2.1 BEF ORE THE CIT(A) WHEREIN JURISDICTION OF THE AO WAS CHALLENGED. IN VIEW OF THE FACT THAT AFTER HEARING THE DEPARTMENTAL APPEAL IT WAS PRONOUNCED ON THE BENCH THAT IT WAS TO BE DISMISSED THE CROSS OBJECTION FILED BY THE ASSESSEE IN THE ABSENCE OF ANY ARGUMENTS ADVANCED IS DISMISSED AS INFRUCTUOUS AS P ER THE PRONOUNCEMENT MADE AT THE TIME OF HEARING IN THE PRESENCE OF THE PARTIES. 7. IN THE RESULT THE APPEAL OF THE REVENUE AND THE CROSS OBJECTION OF THE ASSESSEE ARE DISMISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 6 TH DECEMBER 2013. SD/- SD/- (B.C.MEENA) (DIVA SINGH) ACCOUNTANT MEMBER JUDICI AL MEMBER DATED: 06/12/2013 *AMIT KUMAR/R.NAHEED* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGI STRAR ITAT NEW DELHI I.T.A .NO.-4314/DEL/2012 & C.O-332/DEL/2012 8