Sri Ananthapadmanabha Credit Co-operative Society Limited, Karkala V. Income Tax Officer, Ward- 3, Udupi

ITA 1256/BANG/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 7813 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 2 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-09-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 01-09-2021
• Assessment Year: 2016-2017
• Appeal Filed On: 04-06-2019

Judgement Text

ITA NO.1256/BANG/2019 M/S. SRI ANANTHAPADMANABHA CREDIT CO-OPERATIVE SOCIETY LTD., KARKALA IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: BANGALORE BEFORE SHRI B. R. BASKARAN, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA NO.1256/BANG/2019 ASSESSMENT YEAR: 2016-17 M/S. SRI ANANTHAPADMANABHA CREDIT CO-OPERATIVE SOCIETY LTD. 1, R.G. PAI COMPLEX, HEBRI KARKALA 574 104 PAN NO : AACAS9906L VS. ITO WARD-3 UDUPI APPELLANT RESPONDENT APPELLANT BY : SHRI V. SRINIVASAN, A.R. RESPONDENT BY : SHRI PRIYADARSHI MISHRA, D.R. DATE OF HEARING : 01.09.2021 DATE OF PRONOUNCEMENT : 01.09.2021 O R D E R PER B.R. BASKARAN, ACCOUNTANT MEMBER: THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 14.03.2019 PASSED BY LD CIT(A), MANGALORE AND IT RE LATES TO THE ASSESSMENT YEAR 2016-17. THE GROUNDS OF APPEAL FIL ED BY THE ASSESSEE READS AS UNDER:- 1. THE ORDERS OF THE AUTHORITIES BELOW IN SO FAR AS TH EY ARE AGAINST THE APPELLANT ARE OPPOSED TO LAW, EQUITY, WEIGHT OF EVI DENCE, PROBABILITIES, FACTS AND CIRCUMSTANCES OF THE CASE. 2. THE LEARNED CIT[A] IS NOT JUSTIFIED IN UPHOLDING TH E DENIAL OF DEDUCTION _AIMED U/S.80P[2][A][I] OF THE ACT AMOUNT ING TO RS. 52,68,554/- IN RESPECT OF THE PROFITS EARNED BY THE APPELLANT ITA NO.1256/BANG/2019 M/S. SRI ANANTHAPADMANABHA CREDIT CO-OPERATIVE SOCIETY LTD., KARKALA PAGE 2 OF 8 FROM THE BUSINESS OF PROVIDING CREDIT FACILITIES TO ITS MEMBERS UNDER THE FACTS AND IN THE CIRCUMSTANCES OF THE APP ELLANT'S CASE. 3. THE LEARNED CIT[A] ERRED IN HOLDING THAT THE BUSINE SS OF PROVIDING CREDIT FACILITIES TO THE MEMBERS CARRIED ON BY THE APPELLANT CANNOT BE REGARDED AS A BUSINESS CARRIED ON BY A CO- OPERATIVE SOCIETY COMPLYING WITH THE PRINCIPLES OF MUTUALITY SINCE THE APPELLANT HAD ADMITTED NOMINAL MEMBERS, W HO COULD EITHER VOTE NOR WERE ENTITLED TO A SHARE IN THE PRO FITS AS PER THE BYE-LAWS OF THE APPELLANT AND HENCE, THE APPELL ANT WAS NOT ENTITLED TO DEDUCTION U/S. 80P[2][A][I] OF THE ACT HAVING REGARD TO THE RATIONALE BEHIND THE JUDGEMENT OF THE HON'BLE SUPREME COURT IN THE CASE OF CITIZENS CO-OPERATIVE SOCIETY REPORTED IN 397 ITR 1 [SC] UNDER THE FACTS AND IN T HE CIRCUMSTANCES OF THE APPELLANT'S CASE. 4. THE LEARNED CIT[A] OUGHT TO HAVE APPRECIATED THAT T HE APPELLANT COOPERATIVE SOCIETY HAD NO DOUBT ADMITTED NOMINAL M EMBERS, WHICH WAS PERMISSIBLE UNDER THE KARNATAKA CO-OPERAT IVES SOCIETIES ACT, 1959 AND THAT THERE WAS NO VIOLATION OF ANY OF THE PROVISIONS OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT UNDER WHICH THE APPELLANT WAS CONSTITUTED AND THEREFORE, THE JUDGEMENT OF THE HON'BLE SUPREME COURT RELIED UPON IN THE CAS E OF CITIZENS CO-OPERATIVE SOCIETY REPORTED IN 397 ITR 1 WAS DIST INGUISHABLE AND WHOLLY INAPPLICABLE TO THE FACTS OF THE APPELLA NT'S CASE. 5. THE LEARNED CIT[A] OUGHT NOT TO HAVE HELD THAT THE INCOME EARNED BY THE APPELLANT FROM INVESTMENTS MADE IN SCDCC BAN K AND OTHER NATIONALISED BANKS TO THE EXTENT OF RS. 2,19,735/- WAS LIABLE FOR ASSESSMENT AS INCOME FROM BUSINESS AND NOT UNDER TH E HEAD 'OTHER SOURCES' UNDER THE FACTS AND IN THE CIRCUMST ANCES OF THE APPELLANT'S CASE. 6. THE LEARNED CIT[A] OUGHT TO HAVE APPRECIATED THAT T HE APPELLANT HAD EARNED THE INTEREST INCOME OF RS. 2,19,735/- FR OM INVESTMENTS STATUTORILY REQUIRED TO BE MAINTAINED UNDER THE KAR NATAKA CO- OPERATIVE SOCIETIES ACT FROM OUT OF THE PROFITS BES IDES 25% OF THE TOTAL DEPOSITS AS SLR WITH CO-OPERATIVE BANKS AND 3 % OF THE TOTAL DEPOSITS TOWARDS CRR AND THUS, THE INCOME EARNED TH EREFROM OUGHT TO HAVE BEEN ASSESSED AS PART OF THE BUSINESS OF THE PROVIDING CREDIT FACILITIES TO ITS MEMBERS AND NOT UNDER THE HEAD 'OTHER SOURCES' UNDER THE FACTS AND IN THE CIRCUMST ANCES OF THE APPELLANT'S CASE. ITA NO.1256/BANG/2019 M/S. SRI ANANTHAPADMANABHA CREDIT CO-OPERATIVE SOCIETY LTD., KARKALA PAGE 3 OF 8 7. WITHOUT PREJUDICE TO THE ABOVE, THE LEARNED CIT(A) OUGHT TO HAVE APPRECIATED THAT THE COST OF FUNDS OUGHT TO HAVE BE EN ALLOWED U/S. 57[III] OF THE ACT WHILE ASSESSING THE INTEREST INC OME UNDER THE HEAD 'OTHER SOURCES' UNDER THE FACTS AND IN THE CIR CUMSTANCES OF THE APPELLANT'S CASE. 8. WITHOUT PREJUDICE TO THE RIGHT TO SEEK WAIVER WITH THE HONBLE CCIT/DG, THE APPELLANT DENIES ITSELF LIABLE TO BE C HARGED TO INTEREST U/S 234B OF THE ACT, WHICH UNDER THE FACTS AND IN THE CIRCUMSTANCES OF THE APPELLANTS CASE DESERVES TO B E CANCELLED. 9. FOR THE ABOVE AND OTHER GROUNDS THAT MAY BE URGED A T THE TIME OF HEARING OF THE APPEAL, YOUR APPELLANT HUMBLY PRAYS THAT THE APPEAL MAY BE ALLOWED AND JUSTICE RENDERED AND THE APPELLANT MAY BE AWARDED COSTS IN PROSECUTING THE APPEAL AND ALSO ORDER FOR THE REFUND OF THE INSTITUTION FEES AS PART OF T HE COSTS. 2. THE ASSESSEE IS A CO-OPERATIVE CREDIT SOCIET Y REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT. THE ASSESSEE CLAIMED DEDUCTION U/S 80P(2)(A)(I) OF THE ACT IN RESPECT OF ITS ENTIRE INCOME AND ACCORDINGLY FILED RETURN OF INCOME DECLARING NI L INCOME. THE ASSESSING OFFICER NOTICED THAT THE ASSESSEE IS HAVI NG NOMINAL/ASSOCIATE MEMBERS AND ACCORDINGLY TOOK THE VIEW THAT THE ASSESSEE HAS VIOLATED THE PRINCIPLES OF MUTUALITY. ACCORDINGLY, TAKING SUPPORT OF THE DECISION RENDERED BY THE HONBLE SUP REME COURT IN THE CASE OF CITIZENS CO-OPERATIVE BANK (2017)(84 TA XMANN.COM 114), THE AO HELD THAT THE ASSESSEE IS NOT ELIGIBLE FOR D EDUCTION U/S 80P(2)(A)(I) OF THE ACT. 3. THE AO ALSO NOTICED THAT THE ASSESSEE HAS EA RNED INTEREST INCOME FROM DEPOSITS TO THE EXTENT OF RS.5,92,555/- AND IT HAS CLAIMED DEDUCTION U/S 80P(2)(A)(I) FOR THIS AMOUNT ALSO. THE A.O. HELD THAT THE ABOVE SAID INCOME IS NOT ALLOWABLE AS DEDUCTION U/S 80P(2)(D) OF THE ACT. FURTHER, THE ASSESSEE SHOULD HAVE OFFERED THE ABOVE SAID INTEREST INCOME UNDER THE HEAD INCOME FR OM OTHER ITA NO.1256/BANG/2019 M/S. SRI ANANTHAPADMANABHA CREDIT CO-OPERATIVE SOCIETY LTD., KARKALA PAGE 4 OF 8 SOURCES. ACCORDINGLY, TAKING SUPPORT OF THE DECISI ON RENDERED BY HONBLE KARNATAKA HIGH COURT IN THE CASE OF THE TOT AGARS CO- OPERATIVE SOCIETY (ITA NO.100066 OF 2016 DATED 16.6 .2017). THE A.O. HELD THAT HE IS BRINGING THE INTEREST INCOME TO TAX U/S 56 OF THE ACT UNDER THE HEAD INCOME FROM OTHER SOURCES. AS STATE D EARLIER HE DID NOT ALLOW DEDUCTION FOR INTEREST INCOME U/S 80P(2)( D) AND 80P(2)(A)(I) OF THE ACT. THE LD. CIT(A) CONFIRMED THE ORDER PAS SED BY A.O. 4. THE GROUND NO.1 AND 9 URGED BY THE ASSESSEE ARE GENERAL IN NATURE. GROUND NO.8 RELATING TO CHARGING OF INTERE ST U/S 234B IS CONSEQUENTIAL IN NATURE. 5. GROUND NO.2 TO 4 RELATE TO DEDUCTION CLAIMED U/S 80P(2)(A)(I) OF THE ACT. THE LD. A.R. SUBMITTED THAT THE ENTIRE ISSUE REQUIRES RE- EXAMINATION IN THE LIGHT OF DECISION RENDERED BY HO NBLE SUPREME COURT IN THE CASE OF MAVILAYI SERVICE CO-OPERATIVE BANK LTD. AND OTHERS (2021) 431 ITR 1. HE SUBMITTED THAT THE COO RDINATE BENCHES IN THE CASE OF THANNIRUPANTHA PRIMARY AGRICULTURAL CREDIT CO- OPERATIVE SOCIETY LTD. VS. ITO (ITA NO.276 & 277/BA NG/2020 DATED 30.7.2021) HAS RESTORED AN IDENTICAL ISSUE TO THE F ILE OF THE A.O. FOR EXAMINING THE DEDUCTION CLAIMED U/S 80P(2)(A)(I) OF THE ACT IN THE LIGHT OF DECISION RENDERED BY HONBLE SUPREME COURT IN THE CASE OF MAVILAYI SERVICE CO-OPERATIVE BANK LTD. 6. WE HEARD LD. D.R. AND PERUSED THE RECORD. SINC E THE ISSUE OF DEDUCTION U/S 80P(2)(A)(I) OF THE ACT REQUIRES FRES H EXAMINATION IN THE LIGHT OF DECISION RENDERED BY HONBLE SUPREME COURT IN THE CASE OF MAVILAYI SERVICE CO-OPERATIVE BANK LTD. (SUPRA), W E SET ASIDE THE ORDER PASSED BY LD. CIT(A) ON THIS ISSUE AND RESTOR E THE SAME TO THE FILE OF THE A.O. FOR EXAMINING IT AFRESH AS DISCUS SED ABOVE. ITA NO.1256/BANG/2019 M/S. SRI ANANTHAPADMANABHA CREDIT CO-OPERATIVE SOCIETY LTD., KARKALA PAGE 5 OF 8 7. GROUND NO.5 & 6 RELATE TO DEDUCTION CLAIMED U/S 80P(2)(D) OF THE ACT. THE LD. A.R. SUBMITTED THAT AND IDENTICAL ISSUE WAS ALSO RESTORED TO THE FILE OF A.O. IN THE CASE OF THANNIR UPANTHA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD. VS. I TO (SUPRA) AND ACCORDINGLY PRAYED THAT THIS ISSUE MAY BE RESTORED TO THE FILE OF THE A.O. 8. WE HEARD LD. D.R. AND PERUSED THE RECORD. WE NO TICE THAT AN IDENTICAL ISSUE WAS RESTORED TO THE FILE OF THE A.O . BY THE COORDINATE BENCH IN THE CASE OF THANNIRUPANTHA PRIMARY AGRICUL TURAL CREDIT CO- OPERATIVE SOCIETY LTD. VS. ITO (SUPRA) WITH THE FOL LOWING OBSERVATIONS: 9.1 AS REGARDS THE CLAIM OF DEDUCTION U/S 80P(2)(D ) OF THE I.T.ACT, THE BANGALORE BENCH OF THE TRIBUNAL IN THE CASE OF M/S. THE JAYANAGAR CO- OPERATIVE SOCIETY LTD. (SUPRA), ON IDENTICAL FACTS, HAD RESTORED THE ISSUE TO THE FILES OF THE A.O. FOR DE NOVO CONSIDERATION. THE NA RRATION OF FACTS, CONTENTIONS AND THE FINDINGS OF THE TRIBUNAL IN THE CASE OF M/S .THE JAYANAGAR CO-OPERATIVE SOCIETY LTD. (SUPRA) READS AS FOLLOW:- 4. THE ISSUES THAT ARISE FOR CONSIDERATION IN THIS APPEAL BY THE ASSESSEE ARE AS TO WHETHER THE REVENUE AUTHORITIES WERE JUSTIFIE D IN HOLDING THAT THE ASSESSEE WAS NOT ENTITLED TO THE BENEFIT OF DEDUCTI ON UNDER SECTION 80P(2)(A)(I) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) ON INTEREST INCOME EARNED AND UNDER SECTION 80P(2)(D) OF THE AC T IN RESPECT OF INTEREST RECEIVED FROM CO-OPERATIVE INSTITUTIONS. THE ASSESS ING OFFICER (AO) DENIED THE CLAIM OF THE ASSESSEE ON THE GROUND THAT INTERE ST INCOME EARNED BY MAKING INVESTMENT OF SURPLUS FUNDS HAS TO BE ASSESS ED UNDER THE HEAD INCOME FROM OTHER SOURCES AND NOT INCOME FROM BUS INESS AND SINCE INTEREST INCOME IS NOT ASSESSED AS BUSINESS INCOME, THE CLAIM FOR DEDUCTION UNDER SECTION 57 OF THE ACT CANNOT BE ALLOWED. IN U PHOLDING THE ABOVE CONCLUSIONS, THE CIT(A), INTER ALIA, RELIED ON THE DECISION OF THE HONBLE SUPREME COURT IN THE CASE OF THE TOTGARS CO-OPERAT IVE SALES SOCIETY LTD., VS. ITO 322 ITR 283 (SC) WHEREIN THE HONBLE SUPREM E COURT HELD THAT THE BENEFIT OF DEDUCTION UNDER SECTION 80P(2)(A)(I) OF THE ACT IS ONLY ON INCOME WHICH IS ASSESSABLE UNDER THE HEAD INCOME FROM BUS INESS. INTEREST EARNED ON INVESTMENT OF SURPLUS FUNDS NOT IMMEDIATE LY REQUIRED IN SHORT TERM DEPOSITS AND SECURITIES BY A CO-OPERATIVE SOCI ETY PROVIDING CREDIT FACILITIES TO MEMBERS OR MARKETING AGRICULTURAL PRO DUCE TO MEMBERS IS NOT BUSINESS INCOME BUT INCOME FROM OTHER SOURCES AND T HE SOCIETY IS NOT ENTITLED TO SPECIAL DEDUCTION. ITA NO.1256/BANG/2019 M/S. SRI ANANTHAPADMANABHA CREDIT CO-OPERATIVE SOCIETY LTD., KARKALA PAGE 6 OF 8 5. WHILE LEARNED AR RELIED ON THE DECISION OF THE H ONBLE KARNATAKA HIGH COURT IN THE CASE OF TUMUKUR MERCHANTS SOUHARDA CRE DIT CO-OPERATIVE LTD., 230 TAXMAN 309 (KARN), THE DR RELIED ON A SUB SEQUENT DECISION OF THE HONBLE KARNATAKA HIGH COURT IN THE CASE OF PCIT VS . TOTGARS COOPERATIVE SALE SOCIETY LTD., 395 ITR 611 (KARN.). WE HAVE CAR EFULLY GONE THROUGH THE SAID JUDGMENT. THE FACTS OF THE CASE BEFORE THE HON BLE KARNATAKA HIGH COURT WAS THAT THE HONBLE COURT WAS CONSIDERING A CASE RELATING TO ASSESSMENT YEARS 2007-08 TO 2011-12. IN CASE DECIDE D BY THE HONBLE SUPREME COURT IN THE CASE OF THE VERY SAME ASSESSEE , THE ASSESSMENT YEARS INVOLVED WAS ASSESSMENT YEARS 1991-92 TO 1999-2000. THE NATURE OF INTEREST INCOME FOR ALL THE ASSESSMENT YEARS WAS ID ENTICAL. THE BONE OF CONTENTION OF THE ASSESSEE IN AY 2007-08 TO 2011-12 WAS THAT THE DEDUCTION UNDER SECTION 80P(2) OF THE ACT IS CLAIMED BY THE R ESPONDENT ASSESSEE UNDER SECTION 80P(2)(D) OF THE ACT AND NOT UNDER SECTION 80P(2)(A) OF THE ACT WHICH WAS THE CLAIM IN AY 1991-92 TO 1999- 2000. TH E REASON GIVEN BY THE ASSESSEE WAS THAT IN AY 2007-08 TO 2011-12 INVESTME NTS AND DEPOSITS AFTER THE SUPREME COURT'S DECISION AGAINST THE ASSESSEE T OTGAR'S CO-OPERATIVE SALE SOCIETY LTD. (SUPRA), WERE SHIFTED FROM SCHEDU LE BANKS TO COOPERATIVE BANK. U/S.80P(2)(D) OF THE ACT, INCOME BY WAY OF IN TEREST OR DIVIDENDS DERIVED BY A CO-OPERATIVE SOCIETY FROM ITS INVESTME NTS WITH ANY OTHER CO- OPERATIVE SOCIETY IS ENTITLED TO DEDUCTION OF THE W HOLE OF SUCH INTEREST OR DIVIDEND INCOME. THE CLAIM OF THE ASSESSEE WAS THAT CO-OPERATIVE BANK IS ESSENTIALLY A CO-OPERATIVE SOCIETY AND THEREFORE DE DUCTION HAS TO BE ALLOWED UNDER CLAUSE (D) OF SEC.80P(2) OF THE ACT. THE HON'BLE KARNATAKA HIGH COURT FOLLOWED THE DECISION OF THE SUPREME COU RT IN THE TOTGARS CO- OPERATIVE SALES SOCIETY LTD. (SUPRA) AND HELD THAT INTEREST EARNED FROM SCHEDULE BANK OR COOPERATIVE BANK IS ASSESSABLE UND ER THE HEAD INCOME FROM OTHER SOURCES AND THEREFORE THE PROVISIONS OF SEC.80P(2)(D)OF THE ACT WAS NOT APPLICABLE TO SUCH INTEREST INCOME. IT IS T HUS CLEAR THAT THE SOURCE OF FUNDS OUT OF WHICH INVESTMENTS WERE MADE REMAINE D THE SAME IN AY 2007- 08 TO 2011- 12 AND IN AY 1991-92 TO 1999-2000 DECID ED BY THE HON'BLE SUPREME COURT. THEREFORE WHETHER THE SOURCE OF FUND S WERE ASSESSEE'S OWN FUNDS OR OUT OF LIABILITY WAS NOT SUBJECT MATTER OF THE DECISION OF THE HON'BLE KARNATAKA HIGH COURT IN THE DECISION CITED BY THE L EARNED DR. TO THIS EXTENT THE DECISION OF THE HON'BLE KARNATAKA HIGH COURT IN THE CASE OF TUMUKUR MERCHANTS SOUHARDA CO-OPERATIVE LTD. (SUPRA) STILL HOLDS GOOD. HENCE, ON THIS ASPECT, THE ISSUE SHOULD BE RESTORED BACK TO T HE AO FOR A FRESH DECISION AFTER EXAMINING THE FACTS IN THE LIGHT OF THESE JUD GMENT OF THE HON'BLE APEX COURT RENDERED IN THE CASE OF THE TOTGARS CO-OPERAT IVE SALE SOCIETY LTD. (SUPRA) AND OF HON'BLE KARNATAKA HIGH COURT RENDERE D IN THE CASE OF TUMUKUR MERCHANTS SOUHARDA CO-OPERATIVE LTD. (SUPRA ). 9.2 IN THE LIGHT OF THE ABOVE ORDER OF THE TRIBUNAL , WE DEEM IT APPROPRIATE ON THE FACTS OF THE INSTANT CASE, TO RESTORE THE ISSUE OF CLAIM OF DEDUCTION U/S ITA NO.1256/BANG/2019 M/S. SRI ANANTHAPADMANABHA CREDIT CO-OPERATIVE SOCIETY LTD., KARKALA PAGE 7 OF 8 80P(2)(D) OF THE I.T.ACT TO THE FILES OF THE A.O. H ENCE GROUND NOS.6 AND 7 ARE ALLOWED FOR STATISTICAL PURPOSES. 9. FOLLOWING THE ABOVE SAID DECISION WE RESTORE THI S ISSUE TO THE FILE OF THE A.O. FOR EXAMINING IT AFRESH IN THE LI GHT OF DISCUSSIONS MADE (SUPRA). 10. GROUND NO.7 RELATES TO ALTERNATIVE CLAIM OF THE ASSESSEE THAT THE EXPENSES RELATING TO INTEREST INCOME SHOULD BE ALLOWED U/S 57(III) OF THE ACT. SINCE WE HAVE ALREADY RESTORED THE ISS UE OF CLAIM OF DEDUCTION U/S 80P(2)(D) OF THE ACT, WE RESTORE THIS ALTERNATIVE CONTENTION ALSO TO THE FILE OF THE A.O., SINCE THE CLAIM OF THE ASSESSEE GETS SUPPORT FROM THE DECISION RENDERED BY HONBLE HIGH COURT OF KARNATAKA IN THE CASE OF TOTGARS CO-OPERATIVE SALES SOCIETY LTD. VS. ITO (2015) 58 TAXMANN.COM 35. 11. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS TR EATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 1 ST SEPT 2021 SD/- (BEENA PILLAI) JUDICIAL MEMBER SD/- (B.R. BASKARAN) ACCOUNTANT MEMBER BANGALORE, DATED 1 ST SEPT, 2021. VG/SPS ITA NO.1256/BANG/2019 M/S. SRI ANANTHAPADMANABHA CREDIT CO-OPERATIVE SOCIETY LTD., KARKALA PAGE 8 OF 8 COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASST. REGISTRAR, ITAT, BANGALORE.