Appeal details
Counselvise Citation
111819914 RSA 2008
Assessee PAN
Bench
Appeal Number
Duration Of Justice
7 year(s) 6 month(s) 25 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
09-09-2015
Appeal Filed By
Assessee
Order Result
Partly Allowed
Bench Allotted
A
Next Hearing Date
02-03-2015
Assessment Year
2004-2005
Appeal Filed On
14-02-2008
Judgement Text
, INCOME TAX APPELLATE TRIBUNAL,MUMBAI A BENCH , , BEFORE S/SH. RAJENDRA,ACCOUNTANT MEMBER & PARTHASAR ATHY CHOUDHURY,JUDICIAL MEMBER /. ITA NO. 1118 /MUM/20 08 , / ASSESSMENT YEAR - 200 4 - 05 M/S. MANGAL CREATIONS P. LTD. PLOT NO.77 ABC, GOVERNMENT INDUSTRIAL ESTATE, CHARKOP KANDIVALI (W) , MUMBAI - 400 067 . PAN: A AACD 0541 N VS I NCOME TAX OFFICER, WARD - 4(1)(4) 6 TH FLOOR, AAYAKAR BHAVAN CHURCHGATE MUMBAI - 400 020. ( / APPELLANT ) ( / RESPONDENT ) /ASSESSEE BY : SHRI BHAVIN PAREKH / REVENUE BY : SHRI S.P. WALIMBE / DATE OF HEARING : 01 - 09 - 2015 / DATE OF PRONOUNCEMENT : 09 - 0 9 - 2015 , 1961 254 ( 1 ) ORDER U/S.254(1)OF THE INCOME - TAX ACT,1961(ACT) PER RAJENDRA, AM - CHALLENGING THE ORDER DT. 27.11.2007 OF CIT(A) - IV , MUMBAI,THE ASSESSING OFFICER(AO) HAS RAISED FOLLOWING GROUNDS OF APPEAL : 1.THE LD. CIT(A)IV HAS WRONGLY CONFIRMED THAT THE SALE VALUE OF DEPB AMOUNTING TO RS.70,70,739/ - AS THE INCOME OF THE APPELLANT. ONLY PROFITS ON SALE OF LICENSES ARE TO BE TREATED AS INCOME OF THE APPELLANT. 2.THE LD. CIT(A)IV HAS WRONGLY CONFIRMED THE ADDITION OF RS.27,310/ - U/S. 14A.THE SAID ADDITION MAY PLEASE BE DELETED. 3. THE LD. CIT(A)IV HAS ERRED IN LAW IN NOT ALLOWING REDUCTION OF 10% OF EXPORT INCENTIVES FROM THE INDIRECT COST AT THE TIME OF CALCULATION OF DED UCTION U/S. 80HHC.THE SAID DEDUCTION MAY PLEASE BE ALLOWED TO THE APPELLANT. 4.THE ASSESSEE CRAVES LEAVE TO ADD, ALTER, AMEND, MODIFY OR DROP THE GROUNDS OF APPEAL AT THE TIME OF HEARING. DURING THE COURSE OF HEARING BEFORE US , THE AUTHORISED REPRESENTATIV E (AR) OF THE ASSESSEE STATED THAT ASSESSEE WAS NOT INTERESTED IN PURSUING GROUND NO.2 .HENCE, SAME STANDS DISMISSED, AS NOT PRESSED. 2. ASSESSEE - COMPANY, ENGAGED IN THE BUSINESS OF EXPORT OF FABRIC MADE - UPS AND HANDICRAFTS FILED ITS RETURN OF INCOME ON 26. 10.2004 SHOWING TOTAL INCOME AT RS.4.78 CRORES. THE AO COMPLETED THE AS SESSMENT U/S. 143(3) OF THE ACT,ON 22.12.2006, DETERMINING THE INCOME OF THE ASSESSEE AT RS . 5,30,08,030/ - .THE FIRST GROUND OF AP P E AL IS ABOUT AMOUNT OF DE PB (DUTY ENTITLEMENT PASS BOOK) FOR COMPUTATION OF DEDUCTION U/S. 80HHC OF THE ACT.D URING THE ASSESSMENT PROCEEDING, THE AO FOUND THAT THE ASSESSEE HAD CLAIMED DEDUCTION AMOUNTING TO RS.1.8 6 CRORES U/S. 80HHC OF THE ACT, THAT THE EXPORT TURNOVER OF THE ASSESSEE WAS RS.25.75 CRORES, THAT IT HAD SHOWN EXPORT INCENTIVE OF RS.1.87 CRORES AND DRAWBACK OF RS.27.70 LACS, THAT IT HAD CLAIMED DEDUCTION, BY APPLYING FIRST PROVISO TO S.80HHC(3).REFERRING TO THE AMENDMENT BROUGHT IN BY THE TAXATION LAW AS AMENDMENT BILL 2005, THE AO HELD THAT THE ONUS TO PROVE THAT DEPB WAS AN INCENTIVE ELIGIBLE FOR INCLUSION IN COMPUTATION OF DEDUCTION U/S. 80HHC OF THE ACT WAS ON THE ASSESSEE AS PER THE AMENDED ACT, THAT THE RATE OF DRAWBACK ATTRIBUTABLE TO CUSTOM DUTY WAS HIGHER THAN THE RATE OF ITA/ 1 118 /M/ 08 - MANGAL CREATION 2 DEPB. FINALLY, HE DID NOT CONSIDER THE DEPB FOR THE PURPOSE OF DEDUCTION US/ 80HHC OF THE ACT.AS A RESULT HE REWORKED THE DEDUCTION UNDER 80HHC AS UNDER : TRADING PROFIT = RS.4,29,60,428/ - ADD: 90% OF EXPORT INCENTIVE (I.E. DUTY DRAWBACK OF RS.2727438/ - ) X EXPORT TURN OVER TOTAL TURNOVER = 90% OF 27273438 X 257514526 2727438 = RS.24,54,694/ - TOTAL AMOUNT QUALIFIED FOR DEDUCTION = RS.4,5 4,15,122/ - A S A RESULT, HE ALLOWED DED UCTIO N OF RS. 1,36 , 24,536/ - . 2.1. AGGRIEVED BY THE ORDER OF THE AO THE ASSESSEE PREFERRED AN APPEAL BEFORE THE FIRST APPELLATE AUTHORITY (FAA). BEFORE HIM, IT WAS STATED THAT THERE WAS NO TRANSFER OF DEPB AMOUNT TO RS.1. 16 CRORES. DURING THE YEAR THAT NO PROFIT COULD HAVE BEEN EARNED BY THE ASSESSEE. REFERRING TO THE PROVISIONS OF SECTION 28(IIID) OF THE ACT IT WAS ARGUED THAT PROFIT ON TRANSFER OF DEPB SHOULD BE CONSIDERED AT RS.70,70,739/ - ONLY FOR THE CURRENT YEAR, THA T DEPB LICENSE OF RS.1.16 CRORES WAS NOT SOLD IN THE A.Y. 2005 - 06, THAT SAME WERE SOLD IN THE A.Y. 2006 - 07 AND THE PROFIT ARISING OUT OF THE TRANSACTION WAS DULY ACCOUNTED FOR IN THAT AY. AFTER CONSIDERING THE SUBMISSION OF THE ASSESSEE AND THE ASSESSMENT O RDER THE FAA HELD THAT PROVISIONS OF SECTION 28(IIID) WERE VERY CLEAR TO INDICATE THAT ONLY PROF IT WAS TO BE CONSIDERED.BUT, HE DIRECTED THE AO TO CONSIDER DEPB SOLD DURING THE YEAR AS A PROFIT OF CURRENT YEAR . 2. 2. BEFORE US , THE AUTHORISED REPRESENTATIVE (AR) SUBMITTED THAT THE FAA HAD TREATED THE SALE OF DEPB SOLD DURING THE YEAR AS TAXABLE INCOME FOR THE YEAR UNDER CONSIDERATION.REFERRING TO THE JUDGMENT OF TOPMAN EXPORTS (67 DTR 185), DELIVERED BY THE HONBLE APEX COURT IT WAS ARGUED THAT THE DIFFERENC E IN SALE VALUE AND THE FACE VALUE OF THE DEPB ON TRANSFER OF DEPB REPRESENTED BUSINESS PROFIT FOR THAT YEAR . DEPARTMENTAL REPRESENTATIVE (DR) LEFT THE ISSUE TO THE DISCRETION OF THE BENCH. 2.3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE BEFORE US. WE FIND THAT THE ISSUE IS SQUARELY COVERED BY THE JUDGMENT OF TOPMAN EXPORTS (SUPRA), OF THE HON'BLE SUPREME COURT . WE WOULD LIKE TO REPRODUCE THE RELEVANT PORTION OF THE JUDGMENT WHICH READS AS UNDER : - THE OBJECTIVE OF THE DUTY ENT ITLEMENT PASSBOOK SCHEME (DEPB) IS TO NEUTRALIZE THE INCIDENCE OF CUSTOMS DUTY ON THE IMPORT CONTENT OF THE EXPORT PRODUCTS. HENCE, IT HAS DIRECT NEXUS WITH THE COST OF THE IMPORTS MADE BY AN EXPORTER FOR MANUFACTURING THE EXPORT PRODUCTS. THE NEUTRALIZATI ON OF THE COST OF CUSTOMS DUTY UNDER THE DEPB CREDIT SCHEME, HOWEVER, IS BY GRANTING A DUTY CREDIT AGAINST THE EXPORT PRODUCT AND THIS CREDIT CAN BE UTILIZED FOR PAYING CUSTOMS DUTY ON ANY ITEM WHICH IS FREELY IMPORTABLE. THE DEPB CREDIT IS ISSUED AGAINST THE EXPORTS TO THE EXPORTER AND IS TRANSFERABLE BY THE EXPORTER. THE DEPB CREDIT IS CASH ASSISTANCE RECEIVABLE BY A PERSON AGAINST EXPORTS UNDER THE SCHEME OF THE GOVERNMENT OF INDIA AND FALLS UNDER CLAUSE (IIIB) OF SECTION 28 OF THE INCOME - TAX ACT, 196 1, AND IS CHARGEABLE TO INCOME - TAX UNDER THE HEAD PROFITS AND GAINS OF BUSINESS OR PROFESSION EVEN BEFORE IT IS TRANSFERRED BY THE ASSESSEE. UNDER CLAUSE (IIID) OF SECTION 28 , ANY PROFIT ON TRANSFER OF THE DEPB CREDIT IS CHARGEABLE TO INCOME - TAX UNDER T HE HEAD PROFITS AND GAINS OF BUSINESS OR PROFESSION AS AN ITEM SEPARATE FROM CASH ASSISTANCE UNDER CLAUSE (IIIB) . THE WORD PROFIT MEANS THE GROSS PROCEEDS OF A BUSINESS TRANSACTION LESS THE COSTS OF THE TRANSACTION. PROFITS IMPLY A COMPARISON OF THE VALUE OF AN ASSET WHEN THE ASSET IS ACQUIRED WITH THE VALUE OF THE ASSET WHEN THE ASSET IS TRANSFERRED AND THE DIFFERENCE BETWEEN THE TWO VALUES IS THE AMOUNT OF PROFIT OR GAIN MADE BY A PERSON. ITA/ 1 118 /M/ 08 - MANGAL CREATION 3 AS THE DEPB CREDIT HAS DIRECT NEXUS WITH THE COST OF IMPORTS FOR MANUFACTURING AN EXPORT PRODUCT, ANY AMOUNT REALISED BY THE ASSESSEE OVER AND ABOVE THE DEPB CREDIT ON TRANSFER OF THE DEPB CREDIT WOULD REPRESENT PROFIT ON THE TRANSFER OF THE DEPB CREDIT. THUS, WHILE THE FACE VALUE OF THE DEPB CREDIT WILL FALL UNDER CLAUSE (IIIB) OF SECTION 28 OF THE ACT, THE DIFFERENCE BETWEEN THE SALE VALUE AND THE FACE VALUE OF THE DEPB CREDIT WILL FALL UNDER CLAUSE (IIID) OF SECTION 28 OF THE ACT. THE COST OF ACQUIRING THE DEPB CREDIT IS NOT NIL BECAUSE THE PERSON ACQUIRES IT BY PAYING CUSTOMS DUTY ON THE IMPORT CONTENT OF THE EXPORT PRODUCT AND THE DEPB CREDIT WHICH ACCRUES TO A PERSON AGAINST EXPORTS HAS A COST ELEMENT IN IT. THE DEPB CREDIT REPRESENTS PART OF THE COST INCURRED BY A PERSON FOR MANUFACTURE OF THE EXPORT PRODUCT A ND HENCE EVEN WHERE THE DEPB CREDIT IS NOT UTILISED BY THE EXPORTER BUT IS TRANSFERRED TO ANOTHER PERSON, THE CREDIT CONTINUES TO REMAIN AS A COST TO THE EXPORTER. WHEN, THEREFORE, THE DEPB CREDIT IS TRANSFERRED BY A PERSON, THE ENTIRE SUM RECEIVED BY HIM ON SUCH TRANSFER DOES NOT BECOME HIS PROFITS. IT IS ONLY THE AMOUNT THAT HE RECEIVES IN EXCESS OF THE DEPB CREDIT WHICH REPRESENTS HIS PROFITS ON TRANSFER OF THE DEPB CREDIT. UNDER SECTION 28 OF THE ACT CASH ASSISTANCE RECEIVED OR RECEIVABLE BY ANY PERS ON AGAINST EXPORTS SUCH AS THE DEPB CREDIT AND PROFIT ON TRANSFER OF THE DEPB CREDIT ARE TREATED AS TWO SEPARATE ITEMS OF INCOME UNDER CLAUSES (IIIB) AND (IIID) . AS A RESULT, THE DEPB CREDIT WILL BE CHARGEABLE AS INCOME UNDER CLAUSE (IIIB) OF SECTION 28 IN THE YEAR IN WHICH THE PERSON APPLIES FOR THE DEPB CREDIT AGAINST THE EXPORTS AND THE PROFIT ON TRANSFER OF THE DEPB CREDIT BY THAT PERSON WILL BE CHARGEABLE AS INCOME UNDER CLAUSE (IIID) OF SECTION 28 IN HIS HANDS IN THE YEAR IN WHICH HE MAKES THE TRAN SFER. THERE IS NO DOUBLE TAXATION OF THE SAME INCOME. SUB - SECTION (3)(A) OF SECTION 80HHC PROVIDES THAT WHERE THE EXPORT OUT OF INDIA IS OF GOODS OR MERCHANDISE MANUFACTURED OR PROCESSED BY THE ASSESSEE, THE PROFITS DERIVED FROM SUCH EXPORTS SHALL BE THE AMOUNT WHICH BEARS TO THE PROFITS OF THE BUSINESS, THE SAME PROPORTION AS THE EXPORT TURNOVER IN RESPECT OF SUCH GOODS BEARS TO THE TOTAL TURNOVER OF THE BUSINESS CARRIED ON BY THE ASSESSEE. EXPLANATION (BAA) UNDER SECTION 80HHC STATES THAT PROFITS OF THE BUSINESS MEANS THE PROFITS OF THE BUSINESS AS COMPUTED UNDER THE HEAD PROFITS AND GAINS OF BUSINESS OR PROFESSION AS REDUCED, INTER ALIA, BY NINETY PER CENT. OF ANY SUM REFERRED TO IN CLAUSES (IIIA) , (IIIB) , (IIIC) , (IIID) AND (IIIE) OF SECTION 28 . THUS, NINETY PER CENT. OF THE DEPB CREDIT WHICH IS CASH ASSISTANCE AGAINST EXPORTS AND IS COVERED UNDER CLAUSE (IIIB) OF SECTION 28 WILL GET EXCLUDED FROM THE PROFITS OF THE BUSINESS OF THE ASSESSEE IF SUCH THE DEPB CREDIT HAS ACCRUED TO THE ASSESSEE DURING THE PREVIOUS YEAR. SIMILARLY, IF DURING THE SAME PREVIOUS YEAR, THE ASSESSEE HAS TRANSFERRED THE DEPB CREDIT AND THE SALE VALUE OF SUCH THE DEPB CREDIT IS MORE THAN THE FACE VALUE OF THE DEPB CREDIT, THE DIFFERENCE BETWEEN THE SALE VALUE OF THE DEPB CREDIT AND THE FACE VALUE OF THE DEPB CREDIT WILL REPRESENT THE PROFIT ON TRANSFER OF THE DEPB CREDIT COVERED UNDER CLAUSE (IIID) OF SECTION 28 AND NINETY PER CENT. OF SUCH PROFIT ON TRANSFER OF THE DEPB CREDIT CERTIFICATE WILL GET EXCLUDED FROM PROFITS OF THE BUSINESS. BUT, WHERE THE DEPB CREDIT ACCRUES TO THE ASSESSEE IN THE FIRST PREVIOUS YEAR AND THE ASSESSEE TRANSFERS THE DEPB CREDIT CERTIFICATE IN THE SECOND PREVIOUS YEAR, ONLY NINETY PER CENT. OF THE PROFITS ON TRANSFER OF THE DEPB CREDIT COVERED UNDER CLAUSE (IIID) AND NOT NINETY PER CENT OF THE ENTIRE SALE VALUE INCLUDING THE FACE VALUE OF THE DEPB CREDIT WILL GET EXCLUDED FROM THE PROFITS OF THE BUSINESS. THUS, WHERE THE NINETY PER CENT. OF THE FACE VALUE OF THE DEPB CREDIT DOES NOT GET EXCLUD ED FROM PROFITS OF THE BUSINESS UNDER EXPLANATION (BAA) AND ONLY NINETY PER CENT. OF THE DIFFERENCE BETWEEN THE FACE VALUE OF THE DEPB CREDIT AND THE SALE VALUE OF THE DEPB CREDIT GETS EXCLUDED FROM PROFITS OF THE BUSINESS, THE ASSESSEE GETS A BIGGER F IGURE OF PROFITS OF THE BUSINESS AND THIS IS POSSIBLE WHEN THE DEPB CREDIT ACCRUES TO THE ASSESSEE IN ONE PREVIOUS YEAR AND TRANSFER OF THE DEPB CREDIT TAKES PLACE IN THE SUBSEQUENT PREVIOUS YEAR. THE RESULT IN SUCH CASE IS THAT A HIGHER FIGURE OF PROFI TS OF THE BUSINESS BECOMES THE MULTIPLIER IN THE FORMULA UNDER SUB - SECTION (3)(A) OF SECTION 80HHC FOR ARRIVING AT THE FIGURE OF PROFITS DERIVED FROM EXPORTS. ITA/ 1 118 /M/ 08 - MANGAL CREATION 4 TO THE FIGURE OF PROFITS DERIVED FROM EXPORTS WORKED OUT ACCORDING TO THE FORMULA UNDER SUB - SE CTION (3)(A) OF SECTION 80HHC , THE ADDITIONS AS MENTIONED IN THE FIRST, SECOND, THIRD AND FOURTH PROVISO UNDER SUB - SECTION (3) ARE MADE TO THE PROFITS DERIVED FROM EXPORT. UNDER THE FIRST PROVISO, NINETY PER CENT. OF THE SUM REFERRED TO IN CLAUSES (IIIA) , (IIIB) AND (IIIC) OF SECTION 28 ARE ADDED IN THE SAME PROPORTION AS THE EXPORT TURNOVER BEARS TO THE TOTAL TURN - OVER OF THE BUSINESS CARRIED ON BY THE ASSESSEE. IN THIS FIRST PROVISO, THERE IS NO ADDITION OF ANY SUM REFERRED TO IN CLAUSE (IIID) OR CLAUSE (IIIE) . HENCE, PROFIT ON TRANSFER OF THE DEPB CREDIT OR DFRC ARE NOT TO BE ADDED UNDER THE FIRST PROVISO. WHERE THEREFORE IN THE PREVIOUS YEAR NO DEPB CREDIT OR DFRC ACCRUES TO THE ASSESSEE, HE WOULD NOT BE ENTITLED TO THE BENEFIT OF THE FIRST PROVISO TO SUB - SECTION (3) OF SECTION 80HHC BECAUSE HE WOULD NOT HAVE ANY SUM REFERRED TO IN CLAUSE (IIIB) OF SECTION 28 OF THE ACT. RESPECTFULLY, FOLLOWING THE ABOVE JUDGMENT, WE ARE REVERSING THE ORDER OF THE FAA . THE AO IS DIRECTED TO RECALCULATE THE CLAIM MADE BY THE ASSESSEE IN LIGHT OF THE DECISION OF THE HONBLE APEX COURT. GROUND NO.1 IS ALLOWED IN FAVOUR OF THE ASSESSEE. 4. GROUND NO.3 IS ABOUT NOT ALLOWING REDUCTION OF 10% OF EXPORT INCENTIVE FROM THE INDIRECT COST AT THE TIME OF CALCULATION OF DEDUCTION U/S. 80HHC OF THE ACT. 4.1 . DURING THE ASSESSMENT PROCEEDINGS , THE ASSESSEE HAD NOT REDUCED 100% OF THE EXPORT INCENTIVES FROM INDIRECT COST WHILE CALCULATIN G DEDUCTION U/.S. 80HHC.HOWEVER, A CLAIM WAS MADE BEFORE THE FAA DUR ING THE APPELLATE PROCEEDINGS.HE REJECTED THE CLAIM MADE BY THE ASSESSEE ON THE BASIS OF THE DECISION OF THE HON'BLE SUPREME COURT DELIVERED IN TH E CASE OF GOETZ INDIA LTD.(204 CTR 182).HE HELD THAT A CLAIM OF DEDUCTION MADE BY WAY OF AN APPLICATION COULD NOT BE ENTERTAINED BY THE AO AND THAT SUCH CLAIM COULD ONLY BE MADE BY WAY OF REVISED RETURN ONLY.FINALLY, HE REJECTED THE APPEAL FILED BY THE ASSESSEE. 4.2 BEFORE US, THE AR CONTENDED THAT ASSESSEE HAD MADE AN APPLICATION BEFORE THE FAA ,THAT HE WAS AUTHORIS ED TO GRANT THE RELIEF IN LIGHT OF THE JUDGMENT OF PRUTHVI BRO KERS AND SHARE HOLDERS (P) LTD. (349 ITR 336) OF THE HON'BLE BOMBAY HIGH COURT. HE REFERRE D TO THE CASE OF SURENDRA ENGG. CORPN. (86 ITD 121 - SB) IN THAT REGARD. DR STATED THAT MATTER COULD BE DECIDED ON MERITS. 4.3 . W E HAVE HEARD T HE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD.WE FIND THAT THE ASSESSEE HAD MADE AN APPEAL BEFORE THE FAA AND HE HAD REJECTED THE CLAIM FOLLOW ING THE JUDGMENT OF GOETZ INDIA (SUPRA).IN THE CASE OF PRUTHVI BROKERS AND SHARE HOLDERS (P) LTD. (SUPRA ), THE HON'BLE BOMBAY HIGH COURT HAS CLEARLY HELD THAT THE APPELLATE AUTHORITIES CAN ADMIT NEW CLAIM MADE BY AN ASSESSEE EVEN IF SAME WAS NOT MADE BEFORE THE AO, THAT IN CASE OF THE AO THE CLAIM COULD BE MADE B Y FILING A REVISED RETURN ONLY. AS THE FAA DID NOT HAVE THE BENEFIT OF THE JUDGMENT OF THE PRUTHVI BROKERS(SUPRA),SO, IN THE INTEREST OF JUSTICE WE ARE RESTORING BACK THE MATTER TO THE FILE OF THE FAA TO DECIDE THE ISSUE AFRESH IN LIGHT OF THE DECISION OF SURENDRA ENGG. CORPN. (SUPRA). HE IS DIRECTED TO AFFORD A REASONABLE OPPORTUNITY OF HEARING TO THE ASSESSEE. GROUND NO.3 OF THE APPEAL IS ALLOWED IN PART. AS A RESULT,APPEAL FILED BY THE ASSESSEE STANDS PARTLY ALLOWED. . ORDER PRONOUNCED IN THE OPEN COURT ON 9 TH SEPTEMBER ,2015. 9 , 2015 SD/ - SD/ - ( / PARTHASARATHY CHOUDHURY) ( / RAJENDRA) / JUDICIAL MEMBER / ACCOUNTANT MEMBER / MUMBAI, /D ATE: 09 . 09 . 2015 . . . JV. SR.PS. ITA/ 1 118 /M/ 08 - MANGAL CREATION 5 / COPY OF THE ORDER FORWARDED TO : 1. APPELLANT / 2. RESPONDENT / 3. THE CONCERNED CIT(A)/ , 4. THE CONCERNED CIT / 5. DR A BENCH, ITAT, MUMBAI / , , . . . 6. GUARD FILE/ //TRUE COPY// / BY ORDER, / DY./ASST. REGISTRAR , / ITAT, MUMBAI.
Mehul