Shri Ashokkumar Khimraj, Ahmedabad V. The Income Tax Officer, Ward-3(1), Ahmedabad

ITA 1247/AHD/2015

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 8184 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 7 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-01-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2006-2007
• Appeal Filed On: 11-05-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VINOD TALWANI
• Keywords: Capital asset; Business income; Question of law; Wrong claim; Sham transactions
• Section: 143(3); 2(14); 28

Judgement Text

, M MM MH HH H * ** * IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD L LL LK KK KOZJH OZJH OZJH OZJH OLHE OLHE OLHE OLHE VGEN] YS[KK LNL; , VGEN] YS[KK LNL; , VGEN] YS[KK LNL; , VGEN] YS[KK LNL; ,OA OAOA OA EK/ EK/EK/ EK/KQFERK KQFERK KQFERK KQFERK JKW;] U; JKW;] U; JKW;] U; JKW;] U;KF KFKF KF;D LNL; ;D LNL; ;D LNL; ;D LNL; DS LE{KA DS LE{KA DS LE{KA DS LE{KA BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND SMT MADHUMITA ROY, JUDICIAL MEMBER ./ I.T.A. NO. 1247/AHD/2015 ( / ASSESSMENT YEAR : 2006-07) SHRI ASHOKKUMAR KHIMRAJ PROP. RIDHI SIDDHI ENTERPRISES, 21, SHITALKUNJ SOCIETY, RAMBAUG ROAD, AHMEDABAD. / VS. ITO, WARD 3(1), AHMEDABAD. ./ ./ PAN/GIR NO. : AFDPK 6404 N ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI PARIN SHAH, A.R. / RESPONDENT BY : SHRI VINOD TALWANI, SR. D.R. / DATE OF HEARING 01/11/2018 !'# / DATE OF PRONOUNCEMENT 01/01/2019 $% / O R D E R PER WASEEM AHMED, ACCOUNTANT MEMBER: THE CAPTIONED APPEAL HAS BEEN FILED AT THE INSTANCE OF THE ASSESSEE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)10, AHMEDABAD [CIT(A) IN SHORT] VIDE APPEAL NO.CIT(A)-1 0/ITO WARD- 3(1)/104/14-15 DATED 26.03.2015 ARISING IN THE MATT ER OF ASSESSMENT ORDER PASSED UNDER S.143(3) R.W.S. 263 OF THE INCOM E TAX ACT, 1961(HERE- IN-AFTER REFERRED TO AS 'THE ACT') DATED 16.12.2010 RELEVANT TO ASSESSMENT YEAR (AY) 2006-07. ITA NO.1247/AHD/2015 ASHOKKUMAR KHIMRAJ VS. ITO A.Y. 2006-07 - 2 - 2. THE GROUNDS OF APPEAL RAISED BY THE ASSESSEE A RE AS UNDER:- 1. THE LEARNED CIT(A) AS WELL AS THE A.O HAVE GROS SLY ERRED IN LAW AND ON FACTS TREATING THE SHORT TERMAIANOR.961606/- AND LONG TERM CAPITAL GAIN OF RS.25471/- AS BUSINESS INCOME OF THE APPELLANT. 2. THE LEARNED CIT(A) AND THE A.O. HAVE ALSO ERRED IN LAW AND FACTS IN NOT APPRECIATING THE FACTS OF THE CASE IN PROPER PERSPECTIVE IN TREATING THE INCOME SHOWN UNDER THE HEAD SHORT TERM CAPITAL GAIN AND LONG TERM CAPITAL GAIN AS THE BUSINESS INCOME OF THE APPELLANT. 3. THE LEARNED CIT(A) EQUALLY ERRED IN NOT APPRECI ATING THE WRITTEN SUBMISSIONS FILED BY THE APPELLANT BEFORE HIM DURIN G THE PROCEEDING AS WELL AS NOT PROPERLY APPLYING THE JUD GMENT OF HON'BLE GUJARAT HIGH COURT IN CIT VS. REWASHANKAR A . KOTHARI VIDE 383 ITR 338. 4. IN THE ALTERNATIVE AND WITHOUT PREJUDICE TO ABO VE, THE LEARNED CIT(A) AS WELL AS THE LEANED A.O HAVE A LSO ERRED IN NOT FOLLOWING THE PROVISIONS OF THE ACT REGARDIN G THE CALCULATING OF THE COST OF OPENING STOCK OF THE SHA RES INVOLVED IN LONG TERM CAPITAL GAINS AS ON 01.04.2005 AS REQUIRE D UNDER THE ACT, IF THE SHARES ARE TO BE CONVERTED FROM INVESTM ENTS TO STOCK IN TRADE. 5. YOUR APPELLANT CRAVES LEAVE TO ADD, ALTER OR AM END THE GROUND OF APPEAL. 3. THE ONLY EFFECTIVE ISSUE RAISED BY THE ASSESSEE IS THAT LEARNED CIT(A) ERRED IN CONFIRMING THE ADDITION MADE BY THE AO TREATING THE SHORT TERM CAPITAL GAIN OF RS. 9,61,606/- AND LONG- TERM CAPITAL GAIN 25,471/- RESPECTIVELY AS BUSINESS INCOME OF THE ASS ESSEE. 4. BRIEFLY STATED FACTS ARE THAT THE ASSESSEE IS AN INDIVIDUAL AND ENGAGED IN THE BUSINESS OF CLOTH MERCHANT UNDER THE NAME AND STYLE OF RIDDHI SIDDHI ENTERPRISE. THE ASSESSEE IS ALSO DEAL ING IN SHARE ACTIVITIES. ITA NO.1247/AHD/2015 ASHOKKUMAR KHIMRAJ VS. ITO A.Y. 2006-07 - 3 - THE ASSESSEE IN THE YEAR UNDER CONSIDERATION HAS DE CLARED SHORT-TERM CAPITAL GAIN OF RS. 9,61,605/- AND A LONG-TERM CAPI TAL GAIN OF RS. 25,471/- ONLY. THE ASSESSEE HAS MADE 162 TRANSACTIONS OF PUR CHASE AND SALE OF SHARES FOR EARNING SUCH INCOME UNDER THE HEAD CAPIT AL GAIN. THE TRANSACTIONS FOR THE PURCHASE AND SALE OF THE SHARE S WERE VERY FREQUENT AND PERIOD OF HOLDING OF THESE SHARES WAS ALSO VERY LESS. ACCORDINGLY, THE AO WAS OF THE VIEW THAT THE ASSESS EE HAS BEEN CARRYING ON A BUSINESS OF SALE AND PURCHASE OF THE SHARES. T HEREFORE, THE ASSESSEE IS LIABLE TO OFFER THE INCOME AS DISCUSSED AFORESAI D UNDER THE HEAD BUSINESS AND PROFESSION. ACCORDINGLY, THE AO SOUGHT AN EXPLANATION FROM THE ASSESSEE VIDE LETTER DATED 06.08.2010. 4.1 THE ASSESSEE IN COMPLIANCE TO IT VIDE LETTER DA TED 13.09.2010 SUBMITTED AS UNDER: I. THE INVESTMENT IN THE SHARES HAS BEEN CLASSIFIED IN THE BALANCE SHEET UNDER THE HEAD AS AN INVESTMENT. II. HE IS MAINTAINING TWO SETS OF ACCOUNTS ONE FOR PERSONAL AFFAIRS SHOWING INVESTMENT ACTIVITY AND THE OTHER FOR HIS C LOTH BUSINESS. III. THE INVESTMENT WAS MADE IN THE SHARES TO EARN DIVIDEND INCOME. AS SUCH, THERE WAS NO INTENTION TO EARN INCOME BY W AY OF TRADING IN THE SHARES. THE SALE AND PURCHASES IN THE SHARES WERE CARRIED OUT DURING THE YEAR TO AVOID THE POSSIBLE LOSS AND TO I NVEST THE SAME IN THE BETTER SCRIPT. IV. HE ALSO SUBMITTED THAT THE ACTIVITY FROM THE IN VESTMENTS IN SHARES WAS ACCEPTED UNDER THE HEAD CAPITAL GAIN IN THE EAR LIER YEAR. THE ITA NO.1247/AHD/2015 ASHOKKUMAR KHIMRAJ VS. ITO A.Y. 2006-07 - 4 - ASSESSEE ALSO CLAIMED THAT THE INCOME OF SHORT-TERM CAPITAL GAIN HAS INCREASED IN THE YEAR UNDER CONSIDERATION IN CO MPARISON TO THE PREVIOUS ASSESSMENT YEAR TO AVOID THE LOSSES AND TO MAKE INVESTMENTS IN THE BETTER SCRIPT. V. HE HAS INVESTED A SUM OF RS. 4,29,258/- AS SHARE APPLICATION MONEY WHERE SHARES WERE PURCHASED IN THE INITIAL PU BLIC AFFAIRS. VI. ALL THE INVESTMENTS IN THE SHARES WERE MADE OUT OF THE OWN FUNDS OF THE ASSESSEE, AND THERE WAS NOT USED ANY BORROWE D FUND. HOWEVER, THE AO DISAGREED WITH THE SUBMISSIONS OF T HE ASSESSEE BY OBSERVING THAT THE ASSESSEE HAS CARRIED OUT NUMEROU S TRANSACTIONS IN A SYSTEMATIC MANNER. 4.2 THERE WAS NO DISTINCTION MADE BY THE ASSESSEE I N ITS BOOKS OF ACCOUNTS BETWEEN THE SHARES HELD AS STOCK IN TRADE AND BY WAY OF INVESTMENT. IN VIEW OF ABOVE, THE AO HELD THAT THE MOTIVE OF TH E ASSESSEE WAS TO EARN A PROFIT BY WAY OF TRADING IN THE SHARES. THEREFORE THE SAME SHOULD BE TREATED UNDER THE HEAD BUSINESS AND PROFESSION. ACC ORDINGLY, THE AO TREATED THE SUM OF RS. 9,87,077/- AS BUSINESS INCOM E. 5. AGGRIEVED, ASSESSEE PREFERRED AN APPEAL TO LEARN ED CIT(A). THE ASSESSEE BEFORE THE LEARNED CIT(A) SUBMITTED THAT T HE INVESTMENT WAS MADE TO EARN DIVIDEND INCOME AND NOT TO EARN BY WAY OF SALE AND PURCHASE OF SHARES. ITA NO.1247/AHD/2015 ASHOKKUMAR KHIMRAJ VS. ITO A.Y. 2006-07 - 5 - 5.1 THE SHARES WERE SOLD IN THE YEAR UNDER CONSIDER ATION INTENDING TO CHANGE THE INVESTMENT AFTER CONSIDERING THE MARKET DOWNFALL. 5.2 THE ASSESSEE ALSO SUBMITTED THAT THE ACTIVITY F OR INVESTMENT WAS ACCEPTED UNDER THE HEAD CAPITAL GAIN IN THE EARLIER YEARS IN THE ASSESSMENT FRAMED U/S 143(3) OF THE ACT. HOWEVER, THE LEARNED CIT(A) DISREGARDED THE CONTENT ION OF THE ASSESSEE AND CONFIRMED THE ORDER OF AO BY OBSERVING AS UNDER : 4.1.3. DECISION: THE RIVAL SUBMISSIONS HAVE BEEN C ONSIDERED. HONBLE GUJARAT HIGH COURT IN COMMISSIONER OF INCOM E-TAX V. REWASHANKER A. KOTHARI (2006) 283 ITR 338 (GUJ.) HA S LAID DOWN THE FOLLOWING TESTS FOR DETERMINING THE QUESTI ON AS TO WHETHER AN ASSESSEE CAN BE SAID TO BE CARRYING ON B USINESS OF SALE AND PURCHASE OF SHARES:- '[A] THE FIRST TEST IS WHETHER THE INITIAL ACQUISIT ION OF THE SUBJECT MATTER OF TRANSACTION WAS WITH THE INTENTION, OF DEALING IN THE ITEM, OR WITH A VIEW T O FINDING AN INVESTMENT IF THE TRANSACTION, SINCE THE INCEPTION, APPEARS TO BE IMPRESSED WITH THE CHARACTER OF A COMMERCIAL TRANSACTION ENTERED INTO WITH A VIEW TO EARN PROFIT, IT WOULD FURNISH A VALUABLE GUIDELINE. [B] THE SECOND TEST THAT IS OFTEN APPLIED IS AS TO WHY AND HOW AND FOR WHAT PURPOSE THE SALE WAS EFFECTED SUBSEQUENTLY. [C] THE THIRD TEST, WHICH IS FREQUENTLY APPLIED, I S AS TO HOW THE ASSESSEE DEALT WITH THE SUBJECT MATTER OF ITA NO.1247/AHD/2015 ASHOKKUMAR KHIMRAJ VS. ITO A.Y. 2006-07 - 6 - TRANSACTION DURING THE TIME THE ASSET WAS WITH THE ASSESSEE. HAS IT BEEN TREATED AS STOCK-IN-TRADE, O R HAS IT BEEN SHOWN IN THE BOOKS OF ACCOUNT AND BALANCE SHEET AS AN INVESTMENT. THIS INQUIRY, THOUGH RELEVANT, IS NOT CONCLUSIVE. [D] THE FOURTH TEST IS AS TO HOW THE ASSESSEE HIMS ELF HAS RETURNED THE INCOME FROM SUCH ACTIVITIES AN D HOW THE DEPARTMENT HAS DEALT WITH THE SAME IN THE COURSE OF PRECEDING AND SUCCEEDING ASSESSMENTS. THIS FACTOR, THOUGH NOT CONCLUSIVE, CAN AFFORD GOOD AND COGENT EVIDENCE TO JUDGE THE NATURE OF TRANSACTION AND. WOULD BE A RELEVANT CIRCUMSTANCE TO BE CONSIDERED IN ABSE NCE OF ANY SATISFACTORY EXPLANATION. [E] THE FIFTH TEST, NORMALLY APPLIED IN CASES OF PARTNERSHIP FIRMS AND COMPANIES, IS WHETHER THE DEED OF PARTNERSHIP OR THE MEMORANDUM OF ASSOCIATION, AS THE CASE MAY BE, AUTHORISES SU CH AN ACTIVITY. [F] THE LAST BUT NOT THE LEAST, RATHER THE MOST IM PORTANT TEST, IS AS TO THE VOLUME, FREQUENCY, CONTINUITY AN D REGULARITY OF TRANSACTIONS OF PURCHASE AND SALE OF THE GOODS CONCERNED. IN A CASE WHERE THERE IS REPETITION AND CONTINUITY, COUPLED WITH THE MAGNITUDE OF THE TRANSACTION, BEARING REASONABLE PROPORTION TO THE STRENGTH OF HOLDING, THEN AN INFERENCE CAN READILY BE DRAWN THAT THE ACTIVITY IS IN THE NATURE OF BUSINESS.' RELYING ON ITS OWN JUDGMENT IN C1T VS. REWASHANKAR A KOTHARI (SUPRA), HONBLE GUJARAT HIGH COURT IN CIT VS. VAIB HAVI J. SHAH (HUF) IN TAX APPEAL NO. 77&78 OF 2010 HAS HELD AS FOLLOWS :- 'IT IS CLEAR THAT WHERE NUMBER OF TRANSACTIONS OF S ALE AND PURCHASE, OF SHARES TAKES PLACE, THE MOST IMPORTANT TEST IS THE VOLUME, FREQUENCY, CONTINUITY AND REGULARITY OF TRA NSACTIONS OF PURCHASE AND SALE OF THE SHARES. HOWEVER, WHERE THE RE IS REPETITION AND CONTINUITY, COUPLED WITH MAGNITUDE O F THE TRANSACTION, BEARING REASONABLE PROPORTION TO THE S TRENGTH OF ITA NO.1247/AHD/2015 ASHOKKUMAR KHIMRAJ VS. ITO A.Y. 2006-07 - 7 - HOLDING, THEN AN INFERENCE CAN BE DRAWN THAT ACTIVI TY IS IN THE NATURE OF BUSINESS. LEARNED COUNSEL FOR THE REVENUE FROM THE RECORDS COULD NOT DEMONSTRATE THAT THERE WERE LARGE NUMBER OF TRANSACTIONS WHICH HAD FREQUENCY, VOLUME, CONTINUIT Y AND REGULARITY AND FELL WITHIN THE TESTS LAID DOWN BY T HE DIVISION BENCH OF THIS COURT. FOR THE AFORESAID REASONS, WE ARE OF THE CONSIDERED OPINION THAT THE INCOME EARNED BY THE AS SESSEE FROM TRADING IN THE SHARES UNDER THE 'HEAD LONG TERM CAP ITAL GAIN / SHORT TERM CAPITAL GAIN WAS CORRECTLY SHOWN'. IN THE PRESENT CASE, AS PER THE APPELLANT THE INTEN TION AT THE TIME OF ACQUISITION OF SHARES WAS INVESTMENT FURTHER, AS PER THE APPELLANT, THE SHARES HAVE BEEN SHOWN AS INVESTMENT IN THE BAL ANCE SHEET. FURTHER, THE APPELLANT HAS SHOWN INCOME FROM SALE OF SHARES AS CAPITAL GAINS FOR THE LAST SEVERAL PROCEEDING YEARS AND THE D EPARTMENT HAS ACCEPTED THE CONTENTION OF THE APPELLANT. THEREFOR E, AS PER THE APPELLANT, INCOME FROM SALE AND PURCHASE OF SHARES IS TO HE TRUSTED AS CAPITAL GAINS. THOUGH THE APPELLANT MAY CONTEND SO BUT WHEN THE LA ST TEST LAID DOWN BY THE HONBLE GUJARAT HIGH COURT IN THE ABOVE CITED CASES, WHICH IN THE OPINION OF THE COURT' IS THE MOST IMPO RTANT ONE IS APPLIED, IT CLEARLY POINTS TO THE FACT THAT IN THE CASE OF T HE APPELLANT INCOME FROM SALE AND PURCHASE OF SHARES SHOWN AS STCG IS TO BE TREATED AS BUSINESS INCOME FOR THE REASONS DISCUSSED AS FOLLOWS. THE TE ST LAID DOWN IS REGARDING VOLUME, FREQUENCY, CONTINUITY AND REGULAR ITY OF TRANSACTIONS OF PURCHASE AND SALE OF GOODS CONCERNED. IN THE CAS E OF THE APPELLANT, THE TOTAL TRANSACTIONS ON WHICH STCG IS SHOWN IS 12 2 (80 IN HIS OWN CASE + 42 IN CASE OF MINOR SON). THE ACTIVITY IS SP READ OUT THROUGHOUT THE YEAR I.E. THERE IS REGULARITY OF TRANSACTIONS. FURTHER, SAME SCRIPS ARE PURCHASED AND SOLD AGAIN AND AGAIN I.E. THERE IS RE PETITION. FURTHER, AND MOST IMPORTANTLY THE VOLUME OF TRANSACTIONS OF SALE AND PURCHASE OF SHARES IS VERY HIGH. THE TOTAL SALE CONSIDERATION O N THESE TRANSACTIONS IS RS. 48.41 LAKHS WHILE TOTAL PURCHASE PRICE IS RS. 3 8.79 LAKHS WHICH IS VERY HIGH. THE TOTAL INVESTMENT IN SHARES IS SHOWN AT AROUND RS. 1.73 LAKHS. THUS THE TURNOVER OF SALE AND PURCHASE OF SH ARES IS VERY HIGH AS COMPARED TO THE HOLDING IN SHARES. ALSO, THE NUMBER OF SHARES PURCHASED AND SOLD OF SEVERAL SCRIPS IS VERY HIGH. FOR EXAMPLE 5000 SHARES OF DATA IM PURCHASED ON 12.1.05 WERE SOLD ON 15.6.05 AND ITA NO.1247/AHD/2015 ASHOKKUMAR KHIMRAJ VS. ITO A.Y. 2006-07 - 8 - 14.7.05. SIMILARLY, 3645 SHARES OF IOFC WERE PURCHA SED ON 11.08,05 AND SOLD ON 12.08,05, 11.11.05, 14.11.05 AND 17.11. 05. THUS, THERE IS CONTINUITY AND REGULARITY IN SALE, AND PURCHASE OF SHARES, THE VOLUME IS VERY HIGH, THERE IS REPETITION AND THERE IS HIGH FR EQUENCY OF DEALING IN SHARES. IN VIEW OF THESE FINDINGS, IT IS CLEAR THAT THE INCOME FROM SALE AND PURCHASE OF SHARES IS TO BE TREATED AS BUSINESS INCOME. WITH DUE REGARD TO RATIO OF JUDGMENT IN CASES RELIED ON BY T HE APPELLANT, THE SAME ARE NOT APPLICABLE IN THE PRESENT CASE AS THE FACTS ARE DIFFERENT. IN VIEW OF DISCUSSION ABOVE, I HOLD THAT THE AO WAS JUSTIFIED IN TREATING STCG OF RS.9,61,606/- AND LTCG OF RS.25,47 1/- ON SALE OF SHARES AS BUSINESS INCOME. THE AO HAS RIGHTLY TREAT ED PROFIT FROM SALE OF SHARES AS BUSINESS INCOME. ACCORDINGLY, THIS GRO UND OF APPEAL IS DISMISSED. BEING AGGRIEVED BY THE ORDER OF LEARNED CIT(A) ASSE SSEE IS IN APPEAL BEFORE US. 6. THE LEARNED AR BEFORE US FILED A PAPER BOOK RUNN ING FROM PAGES 1-45 AND REITERATED THE SUBMISSIONS AS MADE BEFORE THE LEARNED CIT(A). 6.1 THE LEARNED AR ALSO SUBMITTED THAT IN THE ASSES SMENT YEAR 2005- 06 THE ACTIVITY OF THE ASSESSEE WAS ACCEPTED AS UND ER THE HEAD CAPITAL GAIN IN THE ASSESSMENT ORDER FRAMED U/S 143(3) OF THE AC T PERTAINING TO THE A.Y. 2005-06 VIDE ORDER DATED 16.10.2007. 6.2 THE ASSESSEE HAS MADE ALL THE INVESTMENT IN THE IPO, AND AS SUCH THERE WAS NO INVESTMENT BY WAY OF ACQUIRING SHARES FROM THE SECONDARY MARKET. ITA NO.1247/AHD/2015 ASHOKKUMAR KHIMRAJ VS. ITO A.Y. 2006-07 - 9 - 7. ON THE OTHER HAND, LEARNED DR VEHEMENTLY SUPPORT ED THE ORDER OF AUTHORITIES BELOW. 8. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD. AT THIS JUNCTURE, WE ARE INCLI NED TO REFER TO THE CIRCULAR ISSUED BY THE CBDT VIDE NO.6/2016 DATED 29 .02.2016. THE RELEVANT EXTRACT READS AS UNDER: IN THIS BACKGROUND, WHILE RECOGNIZING THAT NO UNIV ERSAL PRINCIPAL IN ABSOLUTE TERMS CAN BE LAID DOWN TO DECIDE THE CHARA CTER OF INCOME FROM SALE OF SHARES AND SECURITIES (I.E. WHETHER THE SAM E IS IN THE NATURE OF CAPITAL GAIN OR BUSINESS INCOME), CBDT REALIZING TH AT MAJOR PART OF SHARES/SECURITIES TRANSACTIONS TAKES PLACE IN RESPE CT OF THE LISTED ONES AND WITH A VIEW TO REDUCE LITIGATION AND UNCERTAINT Y IN THE MATTER, IN PARTIAL MODIFICATION TO THE AFORESAID CIRCULARS, FU RTHER INSTRUCTS THAT THE ASSESSING OFFICERS IN HOLDING WHETHER THE SURPL US GENERATED FROM SALE OF LISTED SHARES OR OTHER SECURITIES WOULD BE TREATED AS CAPITAL GAIN OR BUSINESS INCOME, SHALL TAKE INTO ACCOUNT TH E FOLLOWING (A) WHERE THE ASSESSEE ITSELF, IRRESPECTIVE OF THE PERI OD OF HOLDING THE LISTED SHARES AND SECURITIES, OPTS TO TREAT THEM AS STOCK-IN- TRADE, THE INCOME ARISING FROM TRANSFER OF SUCH SHARES/SECURIT IES WOULD BE TREATED AS ITS BUSINESS INCOME, (B) IN RESPECT OF LISTED SHARES AND SECURITIES HELD FOR A PERIOD OF MORE THAN 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF ITS TRANSFER, IF THE ASSESSEE DESIRES TO TREAT THE INCOME ARISING FROM T HE TRANSFER THEREOF AS CAPITAL GAIN, THE SAME SHALL NOT BE PUT TO DISPUTE BY THE ASSESSING OFFICER. HOWEVER, THIS STAND, ONCE TAKEN BY THE ASSESSEE IN A PARTICULAR ASSESSMENT YEAR, SHALL REMAIN APPLI CABLE IN SUBSEQUENT ASSESSMENT YEARS ALSO AND THE TAXPAYERS SHALL NOT BE ALLOWED TO ADOPT A DIFFERENT/CONTRARY STAND IN THI S REGARD IN SUBSEQUENT YEARS; (C) IN ALL OTHER CASES, THE NATURE OF TRANSACTION (I.E. WHETHER THE SAME IS IN THE NATURE OF CAPITAL GAIN OR BUSINESS INCOME) SHALL CONTINUE TO BE DECIDED KEEPING IN VIEW THE AFORESAID CIRCULARS ISSUED BY THE CBDT. ITA NO.1247/AHD/2015 ASHOKKUMAR KHIMRAJ VS. ITO A.Y. 2006-07 - 10 - 8.1 AS PER THE ABOVE CIRCULAR, THE CASE ON HAND FAL LS UNDER THE CLAUSE C AND IT IS PERTINENT TO TAKE GUIDANCE, THEREFORE , FROM THE CBDT CIRCULAR NO.4/2007 DATED 15.06.2007. THE RELEVANT E XTRACT READS AS UNDER: 1. THE INCOME-TAX ACT, 1961 MAKES A DISTINCTION BETWE EN A 'CAPITAL ASSET' AND A 'TRADING ASSET'. 2. CAPITAL ASSET IS DEFINED IN SECTION 2(14) OF THE A CT. LONG-TERM CAPITAL ASSETS AND GAINS ARE DEALT WITH UNDER SECTION 2(29A ) AND SECTION 2(29B). SHORT-TERM CAPITAL ASSETS AND GAINS ARE DEA LT WITH UNDER SECTION 2(42A) AND SECTION 2(42B). 3. TRADING ASSET IS DEALT WITH UNDER SECTION 28 OF TH E ACT. 4. THE CENTRAL BOARD OF DIRECT TAXES (CBDT) THROUGH I NSTRUCTION NO. 1827, DATED AUGUST 31, 1989 HAD BROUGHT TO THE NOTI CE OF THE ASSESSING OFFICERS THAT THERE IS A DISTINCTION BETWEEN SHARES HELD AS INVESTMENT (CAPITAL ASSET) AND SHARES HELD AS STOCK-IN-TRADE ( TRADING ASSET). IN THE LIGHT OF A NUMBER OF JUDICIAL DECISIONS PRONOUNCED AFTER THE ISSUE OF THE ABOVE INSTRUCTIONS, IT IS PROPOSED TO UPDATE THE AB OVE INSTRUCTIONS FOR THE INFORMATION OF ASSESSEES AS WELL AS FOR GUIDANC E OF THE ASSESSING OFFICERS. 5. IN THE CASE OF COMMISSIONER OF INCOME-TAX (CENTRAL ), CALCUTTA V. ASSOCIATED INDUSTRIAL DEVELOPMENT CO. ( P.) LTD. [1971] 82 ITR 586, THE SUPREME COURT OBSERVED THAT : 'WHETHER A PARTICULAR HOLDING OF SHARES IS BY WAY O F INVESTMENT OR FORMS PART OF THE STOCK-IN-TRADE IS A MATTER WHICH IS WIT HIN THE KNOWLEDGE OF THE ASSESSEE WHO HOLDS THE SHARES AND IT SHOULD, IN NOR MAL CIRCUMSTANCES, BE IN A POSITION TO PRODUCE EVIDENCE FROM ITS RECORDS AS TO WHETHER IT HAS MAINTAINED ANY DISTINCTION BETWEEN THOSE SHARES WHI CH ARE ITS STOCK-IN- TRADE AND THOSE WHICH ARE HELD BY WAY OF INVESTMENT .' 6. IN THE CASE OF COMMISSIONER OF INCOME-TAX, BOMBAY V. H. HOLCK LARSEN [1986] 160 ITR 67, THE SUPREME COURT OBSERVE D : 'THE HIGH COURT, IN OUR OPINION, MADE A MISTAKE IN OBSERVING WHETHER TRANSACTIONS OF SALE AND PURCHASE OF SHARES WERE TR ADING TRANSACTIONS OR ITA NO.1247/AHD/2015 ASHOKKUMAR KHIMRAJ VS. ITO A.Y. 2006-07 - 11 - WHETHER THESE WERE IN THE NATURE OF INVESTMENT WAS A QUESTION OF LAW. THIS WAS A MIXED QUESTION OF LAW AND FACT.' 7. THE PRINCIPLES LAID DOWN BY THE SUPREME COURT IN T HE ABOVE TWO CASES AFFORD ADEQUATE GUIDANCE TO THE ASSESSING OFFICERS. 8.2 ON PERUSAL OF THE ABOVE CIRCULARS IT IS CLEAR T HAT THE ASSESSEE CAN MAINTAIN TWO PORTFOLIOS ONE FOR TRADING IN THE SHAR ES AND THE OTHER ONE IS FOR THE INVESTMENT IN SHARES. THE ONLY REQUIREMENT OF THE CIRCULAR, BOTH THE ACTIVITIES OF THE ASSESSEE SHOULD BE CLEARLY DE MARCATED IN THE BOOKS OF ACCOUNTS. AS THE ASSESSEE HAS NOT SHOWN ANY ACTIVIT Y FROM THE TRADING OF SHARES AND THERE WAS NO CLOSING STOCK SHOWN IN THE FINANCIAL STATEMENT, THEREFORE, WE ARE OF THE VIEW THAT THE ASSESSEE IS DEALING ONLY IN THE INVESTMENT ACTIVITY AS EVIDENT FROM THE CLASSIFICAT ION SHOWN BY THE ASSESSEE UNDER THE HEAD INVESTMENTS. IN THIS REGARD , WE REFERRED TO THE RELEVANT PORTION OF THE BALANCE SHEET OF THE ASSESS EE WHICH IS PLACED ON PAGE 25 OF THE PAPER BOOK AND REPRODUCED AS UNDER: SHARES APPLICATION ADHUNIK METAL SHARE APPL. 94,500.00 BIRLA POWER SOLU. SHARE APP. 94,500.00 KEWAL KIRAN CLO. SHARE APP. 96,250.00 ROHIT FERRO TECH SHARE APPL. 96000.00 SHIVALIK GLOBLE SHARE APPL. 48,000.00 4,29,250.00 INVESTMENT N.S.C. ACCOUNT 30,000.00 30,000.00 SHARE INVESTMENT SHARE ACCOUNT 1,73,439.46 1,73,439.46 ITA NO.1247/AHD/2015 ASHOKKUMAR KHIMRAJ VS. ITO A.Y. 2006-07 - 12 - FROM THE ABOVE BALANCE SHEET, IT IS CLEAR THAT THE ASSESSEE HAS DEMARCATED ITS SHARES UNDER THE HEAD INVESTMENT. THEREFORE THE CIRCULAR ISSUED BY THE CBDT APPLIES TO THE INSTANT FACTS OF THE CASE. THER EFORE, KEEPING IN VIEW THE PROVISION OF THE CIRCULAR ISSUED BY THE CBDT WE ARE INCLINED TO HOLD THAT THE INCOME FROM THE INVESTMENT OF SHARE ON ACC OUNT OF SALE PURCHASE SHOULD BE LIABLE TO TAX UNDER THE HEAD CAPITAL GAIN . 8.3 WE ALSO NOTE THAT THE BENEVOLENT CIRCULARS ISSU ED BY THE CBDT ARE BINDING ON THE TRIBUNAL AS HELD BY THE JUDGMENT OF HONBLE SUPREME COURT IN THE CASE OF KESHAVJI RAVJI & CO. VS. CIT REPORTED IN 183 ITR 1 WHEREIN IT WAS OBSERVED AS UNDER : THE TASK OF INTERPRETATION OF THE LAWS IS THE EXCLU SIVE DOMAIN OF THE COURTS. HOWEVER, - THIS IS WHAT SHRI RAMACHANDRAN R EALLY HAS IN MIND - CIRCULARS BENEFICIAL TO THE ASSESSEES AND WHICH TON E DOWN THE RIGOUR OF THE LAW ISSUED IN EXERCISE OF THE STATUTORY POWER U NDER SECTION 119 OF THE ACT OR UNDER CORRESPONDING PROVISIONS OF THE PR EDECESSOR ACT ARE BINDING ON THE AUTHORITIES IN THE ADMINISTRATION OF THE ACT. THE TRIBUNAL, MUCH LESS THE HIGH COURT, IS AN AUTHORITY UNDER THE ACT. THE CIRCULARS DO NOT BIND THEM. BUT THE BENEFITS OF SUC H CIRCULARS TO THE ASSESSEES HAVE BEEN HELD TO BE PERMISSIBLE EVEN THO UGH THE CIRCULARS MIGHT HAVE DEPARTED FROM THE STRICT TENOR OF THE ST ATUTORY PROVISION AND MITIGATED THE RIGOUR OF THE LAW. BUT THAT IS NOT TH E SAME THING AS SAYING THAT SUCH CIRCULARS WOULD EITHER HAVE A BINDING EFF ECT IN THE INTERPRETATION OF THE PROVISION ITSELF OR THAT THE TRIBUNAL AND THE HIGH COURT ARE SUPPOSED TO INTERPRET THE LAW IN THE LIGH T OF THE CIRCULAR. THERE IS, HOWEVER, SUPPORT OF CERTAIN JUDICIAL OBSE RVATIONS FOR THE VIEW THAT SUCH CIRCULARS CONSTITUTE EXTERNAL AIDS TO CON STRUCTION. 8.4 WE ALSO NOTE THAT THE REVENUE HAS ACCEPTED THE ACTIVITY OF INVESTMENT IN THE SHARES IN EARLIER YEARS AS WELL A S SUBSEQUENT YEARS WHICH WAS ALSO NOT DISTURBED BY THE REVENUE. THEREF ORE, THE PRINCIPLES OF ITA NO.1247/AHD/2015 ASHOKKUMAR KHIMRAJ VS. ITO A.Y. 2006-07 - 13 - CONSISTENCY NEED TO BE FOLLOWED WITHOUT ANY DEVIATI ON WHEN THERE IS NO CHANGE IN THE FACTS AND CIRCUMSTANCES OF THE CASE F ROM THE EARLIER YEARS. RELIANCE IN THIS REGARD IS PLACED ON THE JUDGMENT O F THE HONBLE SUPREME COURT IN THE CASE OF RADHASAOMI SATSANG VS CIT REPO RTED IN (1992) 193 ITR 321 (SC) . 8.5 WE ALSO NOTE THAT THE ITAT, AHMEDABAD IN THE CA SE OF ACIT VS. BHANUPRASAD T. TRIVEDI HUF IN IT(SS)A NO.460/AHD/20 10 PERTAINING TO THE A.Y. 2005-06 VIDE ORDER DATED 11.07.2016 HAS DE CIDED THE ISSUE IN FAVOR OF THE ASSESSEE BY OBSERVING AS UNDER: 10. THE DISPUTE IS REGARDING THE NATURE OF INCOME ON SALE AND PURCHASE OF SHARES BY THE ASSESSEE. THE ISSUE, WHET HER THE INCOME FROM SALE AND PURCHASE OF SHARES IN A PARTICULAR CASE SH OULD BE TREATED AS CAPITAL GAIN OR AS BUSINESS INCOME HAS BEEN A DEBAT ABLE ISSUE AND THERE ARE CONFLICTING DECISIONS OF THE TRIBUNAL ON THIS I SSUE. EACH CASE IS THEREFORE, TO BE BASED ON ITS OWN FACTUAL SITUATION . IN THE BALANCE SHEET, THE ASSESSEE HAS SHOWN SHARES UNDER THE HEAD 'INVES TMENT'. THESE INVESTMENT SHARES HAVE BEEN VALUED AT COST. THE HON 'BLE SUPREME COURT IN THE CASE OF CIT ASSOCIATED INDUSTRIAL DEVELOPMEN TCO PVT. LTD. 82 ITR 586, WHICH DECISION HAS ALSO BEEN CONSIDERED BY THE CBDT IN ITS CIRCULAR NO. 4/2007 DT. 15.6.2007, HAS OBSERVED THA T:- 'WHETHER A PARTICULAR HOLDING OF SHARES IS BY WAY O F INVESTMENT OR FORMS PART OF THE STOCK-IN-TRADE IS A MATTER WHI CH IS -WITHIN THE KNOWLEDGE OF THE ASSESSEE WHO HOLDS THE SHARES AND IT SHOULD, IN NORMAL CIRCUMSTANCES, BE IN A POSITION T O PRODUCE EVIDENCE FROM ITS RECORDS AS TO WHETHER IT HAS MAIN TAINED ANY DISTINCTION BETWEEN THOSE SHARES WHICH ARE ITS STOC K-IN- TRADE AND THOSE WHICH ARE HELD BY WAY OF INVESTMENT' 11. THE CBDT HAS FURTHER THROWN LIGHT ON THIS CONT ROVERSIAL ISSUE IN ITS CIRCULAR NO. 6/2016 DATED 29.02.2016 AND THE SA ME READS AS UNDER:- ITA NO.1247/AHD/2015 ASHOKKUMAR KHIMRAJ VS. ITO A.Y. 2006-07 - 14 - SUB: ISSUE OF TAXABILITY OF SURPLUS ON SALE OF SHAR ES AND SECURITIES - CAPITAL GAINS OR BUSINESS INCOME -- INSTRUCTIONS IN ORDER TO REDUCE LITIGATION - REG.- SUB-SECTION (14) OF SECTION 2 OF THE INCOME-TAX ACT , 1961 ('ACT') DEFINES THE TERM 'CAPITAL ASSET' TO INCLUDE PROPERT Y OF ANY KIND HELD BY AN ASSESSEE, WHETHER OR NOT CONNECTED WITH HIS BUSINESS OR PROFESSION, BUT DOES NOT INCLUDE ANY STOCK-IN-TR ADE OR PERSONAL ASSETS SUBJECT TO CERTAIN EXCEPTIONS. AS R EGARDS SHARES AND OTHER SECURITIES, THE SAME CAN BE HELD EITHER A S CAPITA! ASSETS OR STOCK-IN-TRADE/ TRADING ASSETS OR BOTH. D ETERMINATION OF THE CHARACTER OF A PARTICULAR INVESTMENT IN SHARES OR OTHER SECURITIES, WHETHER THE SAME IS IN THE NATURE OF A CAPITAL ASSET OR STOCK-IN- TRADE, IS ESSENTIALLY A FACT-SPECIFIC DET ERMINATION AND HAS LED TO A LOT OF UNCERTAINTY AND LITIGATION IN T HE PAST. 2. OVER THE YEARS, THE COURTS HAVE LAID DOWN DIFFER ENT PARAMETERS TO DISTINGUISH THE SHARES HELD AS INVESTMENTS FROM THE SHARES HELD AS STOCK- IN-TRADE. THE CENTRAL BOARD OF DIRECT TAX ES ('CBDT') HAS ALSO, THROUGH INSTRUCTION NO. 1827, DATED AUGUS T 31, 1989 AND CIRCULAR NO. 4 OF 2007 DATED JUNE 15, 2007, SUM MARIZED THE SAID PRINCIPLES FOR GUIDANCE OF THE FIELD FORMATION S. 3. DISPUTES, HOWEVER, CONTINUE TO EXIST ON THE APPL ICATION OF THESE PRINCIPLES TO THE FACTS OF AN INDIVIDUAL CASE SINCE THE TAXPAYERS FIND IT DIFFICULT TO PROVE THE INTENTION IN ACQUIRING SUCH SHARES/SECURITIES. IN THIS BACKGROUND, WHILE RECOGN IZING THAT NO UNIVERSAL PRINCIPAL IN ABSOLUTE TERMS CAN BE LAID D OWN TO DECIDE THE CHARACTER OF INCOME FROM SALE OF SHARES AND SEC URITIES (I.E. WHETHER THE SAME IS IN THE NATURE OF CAPITAL GAIN O R BUSINESS INCOME), CBDT REALIZING THAT MAJOR PART OF SHARES/S ECURITIES TRANSACTIONS TAKES PLACE IN RESPECT OF THE LISTED O NES AND WITH A VIEW TO REDUCE LITIGATION AND UNCERTAINTY IN THE MA TTER, IN PARTIAL MODIFICATION TO THE AFORESAID CIRCULARS, FURTHER IN STRUCTS THAT THE ASSESSING OFFICERS IN HOLDING WHETHER THE SURPLUS G ENERATED FROM SALE OF LISTED SHARES OR OTHER SECURITIES WOULD BE TREATED AS CAPITAL GAIN OR BUSINESS INCOME, SHALL TAKE INTO AC COUNT THE FOLLOWING- ITA NO.1247/AHD/2015 ASHOKKUMAR KHIMRAJ VS. ITO A.Y. 2006-07 - 15 - A) WHERE THE ASSESSEE ITSELF, IRRESPECTIVE OF THE P ERIOD OF HOLDING THE LISTED SHARES AND SECURITIES, OPTS TO TREAT THE M AS STOCK-IN- TRADE, THE INCOME ARISING FROM TRANSFER OF SUCH SHA RES/SECURITIES WOULD BE TREATED AS ITS BUSINESS INCOME, B) IN RESPECT OF LISTED SHARES AND SECURITIES HELD FOR A PERIOD OF MORE THAN 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF ITS TRANSFER, IF THE ASSESSEE DESIRES TO TREAT THE INCO ME ARISING FROM THE TRANSFER THEREOF AS CAPITAL GAIN, THE SAME SHAL L NOT BE PUT TO DISPUTE BY THE ASSESSING OFFICER. HOWEVER, THIS STA ND, ONCE TAKEN BY THE ASSESSEE IN A PARTICULAR ASSESSMENT YEAR, SH ALL REMAIN APPLICABLE IN SUBSEQUENT ASSESSMENT YEARS ALSO AND THE TAXPAYERS SHALL NOT BE ALLOWED TO ADOPT A DIFFERENT /CONTRARY STAND IN THIS REGARD IN SUBSEQUENT YEARS; C) IN ALL OTHER CASES, THE NATURE OF TRANSACTION (I .E. WHETHER THE SAME IS IN THE NATURE OF CAPITAL GAIN OR BUSINESS I NCOME) SHALL CONTINUE TO BE DECIDED KEEPING IN VIEW THE AFORESAI D CIRCULARS ISSUED BY THE CBDT. 4. IT IS, HOWEVER, CLARIFIED THAT THE ABOVE SHALL N OT APPLY IN RESPECT OF SUCH TRANSACTIONS IN SHARES/SECURITIES W HERE THE GENUINENESS OF THE TRANSACTION ITSELF IS QUESTIONAB LE, SUCH AS BOGUS CLAIMS OF LONG TERM CAPITAL GAIN/SHORT TERM C APITAL LOSS OR ANY OTHER SHAM TRANSACTIONS. 5. IT IS REITERATED THAT THE ABOVE PRINCIPLES HAVE BEEN FORMULATED WITH THE SOLE OBJECTIVE OF REDUCING LITIGATION AND MAINTAINING CONSISTENCY IN APPROACH ON THE ISSUE OF TREATMENT O F INCOME DERIVED FROM TRANSFER OF SHARES AND SECURITIES. ALL THE RELEVANT PROVISIONS OF THE ACT SHALL CONTINUE TO APPLY ON TH E TRANSACTIONS INVOLVING TRANSFER OF SHARES AND SECURITIES. 12. CONSIDERING THE FACTS IN HAND, IN THE LIGHT OF THE AFOREMENTIONED CIRCULAR OF THE BOARD, IN OUR CONSIDERED OPINION, T HE INTENTION OF THE ASSESSEE AT THE TIME OF THE PURCHASE OF SHARES IS P ARAMOUNT. IF THE ASSESSEE HAS CLEAR INTENTION OF BEING AN INVESTOR A ND SHOWING THE SHARES AS INVESTMENT, WE DO NOT FIND ANY REASON TO DISTURB THE INTENTION OF THE ASSESSEE. THE ASSESSEE UNDER CONSIDERATION IS INVES TOR AND, THEREFORE, ITA NO.1247/AHD/2015 ASHOKKUMAR KHIMRAJ VS. ITO A.Y. 2006-07 - 16 - ANY GAIN ARISING OUT THE TRANSFER OF SHARES SHOULD BE TREATED AS CAPITAL GAINS BE IT SHORT TERM OR LONG TERM. 13. IN THE LIGHT OF THE AFOREMENTIONED DISCUSSION, WE HAVE NO HESITATION IN UPHOLDING THE FINDINGS OF THE FIRST A PPELLATE AUTHORITY. GROUND NO. 1 IS ACCORDINGLY DISMISSED. 8.6 THE HONBLE HIGH COURT OF GUJARAT SUBSEQUENTLY CONFIRMED THE VIEW TAKEN BY THE TRIBUNAL IN THE ABOVE CASE REPORT ED IN 87 TAXMANN.COM 137 WHEREIN IT WAS HELD AS UNDER: 4. THE CIT (APPEALS) AND THE TRIBUNAL HAVING APPLIED SUCH PARAMETERS ON THE FACTS OF THE CASE AND HAVING COME TO THE CON CLUSION THAT THE ASSESSEE'S STAND THAT THE SHARES WERE HELD BY WAY O F INVESTMENT AND THEREFORE THE SALE THEREOF SHOULD RESULT IN LONG TE RM CAPITAL GAIN INSTEAD OF BUSINESS INCOME, CALLS FOR NO INTERFERENCE . 8.7 WE ALSO NOTE THAT THE REVENUE AGAINST THE ORDER OF HONBLE GUJARAT HIGH COURT IN THE ABOVE CASE HAD FILED A PE TITION BEFORE THE HONBLE SUPREME COURT WHICH WAS DISMISSED BY THE HO NBLE SUPREME COURT REPORTED IN 95 TAXMANN.COM 19. 8.8 WE ALSO NOTE THAT THE CASE LAW RELIED ON BY THE LEARNED CIT(A) HAS NOT CONSIDERED THE CBDT CIRCULAR NO.6/2016 DATE D 29.02.2016. THEREFORE WE ARE RELUCTANT TO RELY ON THE JUDGMENT RELIED UPON BY THE LEARNED CIT(A). IN VIEW OF ABOVE, WE HOLD THAT THE FREQUENCY, MAGNI TUDE OF THE TRANSACTION IN SYSTEMATIC MANNER CANNOT BE THE CRIT ERIA TO HOLD THAT THE ASSESSEE IS ENGAGED IN BUSINESS ACTIVITY OF SHARES. THEREFORE, WE ARE ITA NO.1247/AHD/2015 ASHOKKUMAR KHIMRAJ VS. ITO A.Y. 2006-07 - 17 - INCLINED TO SET ASIDE THE ORDER OF LEARNED CIT(A) A ND DIRECT THE AO TO TREAT THE INCOME FROM INVESTMENT ACTIVITY UNDER THE HEAD CAPITAL GAIN. HENCE, THE GROUND OF APPEAL OF THE ASSESSEE IS ALLO WED. 9. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. THIS ORDER PRONOUNCED IN OPEN COURT ON 01/01/2019 SD/- SD/- E/KQFERK JKW; E/KQFERK JKW; E/KQFERK JKW; E/KQFERK JKW; OLHE VGEN OLHE VGEN OLHE VGEN OLHE VGEN U;KF;D LNL; YKS [KK LNL; U;KF;D LNL; YKS[KK LNL; U;KF;D LNL; YKS[KK LNL; U;KF;D LNL; YKS[KK LNL; (MADHUMITA ROY) (WASEEM AHMED) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD; DATED 01/01/2019 PRITI YADAV, SR.PS !'# $#! / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. & '( ) / CONCERNED CIT 4. ) () / THE CIT(A)-10, AHMEDABAD. 5. ,-. //'( , '(# , 12$&$ / DR, ITAT, AHMEDABAD. 6. .34 5 / GUARD FILE. % & / BY ORDER, , / //TRUE COPY// '/& () ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD 1. DATE OF DICTATION 01/11/2018 (DICTATION PAGE-7) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER : 12/12/2018 3. OTHER MEMBER.. 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S 18/12/2018 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT.. 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S .. 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 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