DCIT,Central Circle-XVI, Kolkata, Kolkata V. Naresh Kumar Agarwal, Kolkata

ITA 1289/KOL/2012

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 74975 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 4 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-01-2014
• Appeal Filed By: Department
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 10-09-2012
• Court: TRIBUNAL
• Department Lawyers: A P ROY JCITSR
• Assessee Lawyers: K K CHHAPARIA
• Keywords: Search and seizure
• Section: 153A; 27; 132

Judgement Text

1 1 IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH C , KOLKATA [BEFORE HONBLE SRI P.K.BANSAL, AM & HONBLE SRI MAHAVIR SINGH, JM] ITA NOS.1289-1290/KOL/2012 ASSESSMENT YEARS : 2008-09 & 2009-2010 ( APPELLANT ) (RESPONDEN T) D.C.I.T., CENTRAL CIRCLE-XVI, . NARESH KUMAR AGAR WAL KOLKATA -VERSUS- KOLKATA (PAN NO.ACNPA 9268 M) ITA NOS.1291-1292/KOL/2012 ASSESSMENT YEARS : 2008-09 & 2009-2010 ( APPELLANT ) (RESPONDEN T) D.C.I.T., CENTRAL CIRCLE-XVI, . BISHNU KUMAR AGAR WAL KOLKATA -VERSUS- KOLKATA (PAN NO.ADDPA 5405 H) ITA NOS.1293-1294/KOL/2012 ASSESSMENT YEARS : 2008-09 & 2009-2010 ( APPELLANT ) (RESPONDEN T) D.C.I.T., CENTRAL CIRCLE-XVI, . PRADIP KUMAR SANT HALIA KOLKATA -VERSUS- KOLKATA (PAN NO.AHFPS 8270 A) FOR THE APPELLANT: SHRI A.P.ROY, JCIT,SR.DR FOR THE RESPONDENT: SHRI K.K.CHHAPARIA, FCA /DATE OF HEARING : 13.01.2014 /DATE OF PRONOUNCEMENT : 17.01.2014. ORDER PER SHRI P.K.BANSAL, AM SINCE ALL THESE APPEALS RELATING TO DIFFERENT ASSES EES HAVE A COMMON ISSUE THEREFORE FOR THE SAKE OF CONVENIENCE AND AS AGREED BY BOTH T HE PARTIES ALL THESE APPEALS HAVE BEEN DISPOSED OFF BY THIS COMMON ORDER ON THE BASIS OF T HE FACTS IN THE CASE OF SHRI NARESH KUMAR AGARWAL. ALL THESE APPEALS HAVE BEEN FILED BY THE REVENUE AGAINST DIFFERENT ORDERS OF THE LD. CIT(A)-CENTRAL-II, KOLKATA FOR A.YRS. 20 08-09 AND 2009-10. THE ONLY ISSUE INVOLVED IN ALL THESE APPEALS RELATE TO THE DELETIO N OF PENALTY IMPOSED BY THE AO U/S 271 AAA OF THE I.T.ACT. 2 2 2. AT THE TIME OF ARGUMENTS BOTH THE PARTIES AGREE D THAT SINCE THE FACTS IN ALL THESE APPEALS ARE COMMON THEREFORE WHATEVER VIEW THE TRIB UNAL MAY TAKE IN THE CASE OF SHRI NARESH KUMAR AGARWAL THE SAME VIEW MAY BE TAKEN IN THE CASE OF OTHER ASSESSES. ITA NOS.1289-1290/KOL/2012 (SHRI NARESH KUMAR AGARW AL) 3. THE BRIEF FACTS ARE THAT A SEARCH AND SEIZURE AC TION U/S 132 OF THE I.T.ACT WAS CONDUCTED IN THE CASE OF SRI RAM SONTHALIA & KUSHA L GROUP ON 24.04.2008 AND SUBSEQUENTLY THE ASSESSEE MADE A DISCLOSURE OF RS.1 ,25,00,000/- U/S 132(4) DURING THE COURSE OF SEARCH. NOTICE U/S 153A OF THE IT ACT WAS ISSUED IN THE CASE OF THE ASSESSEE FOR A.YR.2003-04 TO 2008-09. ALL THE ASSESSEE ARE INVOL VED IN THE BUSINESS OF REAL ESTATE, MANUFACTURING OF SPONGE IRON AND LOGISTICS ETC. RET URN OF INCOME INCLUDING THE UNDISCLOSED INCOME OF RS.1,25,00,000/- AT AN INCOME OF RS.1,61,55,646/- WAS FILED FOR A.YR.2008-09. SIMILARLY FOR THE A.YR. 2009-10 THE A SSESSEE HAS SHOWN UNDECLARED INCOME OF RS.50,00,000/-. THE ASSESSEE STATED IN THE BALAN CE SHEET THAT THE UNDISCLOSED INCOME OF RS.1,75,00,000/- IN BOTH THE YEARS WAS EARNED BY HI M AND THE BUSINESS ASSETS THROUGH REAL ESTATE BUSINESS AND OTHER BUSINESS. THE AO COMPLETE D THE ASSESSMENT FOR A.YR. 2008-09 AT RS.1,63,66,970/- AND FOR A.YR.2009-10 AT RS.55,8 7,940/-. THE AO INITIATED PENALTY PROCEEDINGS U/S 271AAA OF THE ACT AND ULTIMATELY IM POSED PENALTY FOR A.YR 2008-09 AT RS.14,16,250/- AND FOR A.YR.2009-10 AT RS.5,66,500/ -. 3.1. THE ASSESSEE WENT IN APPEAL BEFORE THE LD. CIT (A). THE LD. CIT(A) DELETED THE PENALTY BY OBSERVING AS UNDER :- 5. I HAVE CONSIDERED THE SUBMISSION OF THE APPELLA NT AND PERUSED THE PENALTY ORDER. I HAVE ALSO GONE THROUGH THE ASSESSMENT ORDER PASSED U/S 153A/143(3) OF THE ACT. THE FACTS OF THE CASE HAVE ALREADY BEEN DISCUSSED ABOVE . ON PERUSAL OF ASSESSMENT ORDER IT IS OBSERVED THAT THE AO HAS MENTIONED ABOU T THE CASH AND JEWELLERY FOUND DURING THE COURSE OF SEARCH, BANK ACCOUNTS AND THE INVESTMENTS MADE IN THE FIRMS. THEREAFTER, THE AO HAS ALSO STATED ABOUT THE DISCLO SURE MADE BY THE APPELLANT IN THE COURSE OF SEARCH FOR A.Y.2008-09 AND A.Y.2009-10. I N THE ASSESSMENT COMPLETED BY THE AO, HE ACCEPTED THE DISCLOSURE MADE BY THE APPE LLANT AND SHOWN IN THE RETURN OF INCOME. HOWEVER, HE MADE CERTAIN OBSERVATIONS AND I NITIATED THE PENALTY PROCEEDINGS U/S 271AAA OF THE ACT. FROM THE ASSESSMENT ORDER IT IS APPARENT THAT THE AO HAS NOT DISCUSSED ABOUT ANY OF THE SEIZED DOCUMENT WHICH CO ULD REVEAL THAT THE APPELLANT HAD EARNED THE UNDISCLOSED INCOME FOR WHICH DISCLOSURE OF UNDISCLOSED INCOME WAS MADE BY HIM. THERE IS NO OBSERVATION OF THE AO AS TO WHE THER THE DISCLOSURE MADE BY THE APPELLANT WAS IN ACCORDANCE WITH THE SEIZED DOCUMEN TS OR ANY OTHER EVIDENCE 3 3 UNEARTHED AS A RESULT OF SEARCH ACTION. THEREFORE, IT APPEARS THAT THE APPELLANT HIMSELF HAD MADE VOLUNTARY OFFER OF UNDISCLOSED INCOME IN T HE STATEMENT U/S 132(4). THE APPELLANT DECLARED THE UNDISCLOSED INCOME IN THE RE TURN FILED U/S 153A AND PAID THE TAX ALONG WITH INTEREST ON SUCH INCOME. ON GOING TH ROUGH THE ASSESSMENT ORDER, I FIND FORCE IN THE SUBMISSION OF THE APPELLANT THAT, BUT FOR THE STATEMENT MADE BY HIM, IT WOULD NOT HAVE BEEN POSSIBLE FOR THE DEPARTMENT TO ASSESS THE UNDISCLOSED INCOME AS OFFERED IN THE RETURN OF INCOME. IN THE PENALTY ORDER THE AO REPEATED THE SAME OBSERVATIONS AS MADE BY HIM IN THE ASSESSMENT ORDER . THE AO HAS IMPOSED THE PENALTY U/S 271AAA FOR TWO REASONS I.E. THE APPELLA NT HAS FILED THE ORIGINAL RETURN U/S 139(1) ON 07.03.2009 SHOWING INCOME OF RS.25,57,180 /- AND THEREAFTER RETURN WAS FILED IN RESPONSE TO NOTICE U/S 153A ON 24.05.2010 DECLARING INCOME OF RS.1,61,55,650/- INCLUDING UNDISCLOSED INCOME OF RS .1,25,00,OOO/-. THE AO WAS OF OF THE VIEW THAT SINCE BOTH THE RETURNS WERE FILED AFTER THE DATE OF SEARCH, IT IS A CLEAR CASE WHICH ATTRACTS PENALTY PROVISIONS U/S 271AAA AND THAT, THE CASE IS NOT COVERED BY THE BENEFIT AS ENVISAGED UNDER SUB-SECTI ON (2) OF SECTION 271AAA. SECONDLY, THE AO WAS ALSO OF THE OPINION THAT THE A PPELLANT WAS NOT HAVING CLEAR IDEA ABOUT HIS UNDISCLOSED INCOME ON THE DATE OF SEARCH AND HE GAVE ONLY AN IDEA OF THE MANNER OF EARNING OF UNDISCLOSED INCOME. THE APPELL ANT ALSO FAILED TO SUBSTANTIATE THE DISCLOSURE BY FURNISHING THE DOCUMENTS OR OTHER RELATED AND MATCHING DOCUMENTS. THE SOURCE OF THE UNDISCLOSED INCOME WHICH WAS CLAI MED AS FROM THE REAL ESTATE BUSINESS AND OTHER BUSINESSES COULD NEITHER BE PROV ED NOR COULD BE SUBSTANTIATED IN ANY MANNER BY THE APPELLANT. THEREFORE, THE CONDITI ONS LAID DOWN IN SUB-SECTION (2) OF SECTION 271AAA ARE NOT SATISFIED. ON THE OTHER HAND , IT IS ARGUED BY THE APPELLANT THAT THE CONDITIONS OF SUB-SECTION (2) OF SECTION 271AAA ARE SATISFIED BECAUSE IN THE COURSE OF SEARCH HE HAS ADMITTED THE UNDISCLOSED IN COME IN THE STATEMENT U/S 132(4) AND ALSO SPECIFIED THE MANNER IN WHICH SUCH INCOME HAS BEEN DERIVED. THE APPELLANT DECLARED THE UNDISCLOSED INCOME IN THE RETURN OF IN COME AND PAID THE TAX ALONG WITH THE INTEREST. IT IS FURTHER ARGUED BY THE APPELLANT THAT IN THE COURSE OF SEARCH NO INCRIMINATING DOCUMENTS WERE FOUND WHICH COULD LEAD TO THE CONCLUSION THAT THE APPELLANT HAD EARNED THE UNDISCLOSED INCOME. THIS W AS DUE TO THE REASON THAT THE APPELLANT WAS NOT IN THE HABIT OF MAINTAIN RECORDS OF GENERATION OF UNDISCLOSED INCOME. UNDER THE CIRCUMSTANCES, IT IS IMPOSSIBLE T O SUBSTANTIATE THE UNDISCLOSED INCOME BY PRODUCING ANY DOCUMENT AS OBSERVED BY THE AO. HOWEVER, THE FACT REMAINS THAT THE APPELLANT HAS SPECIFIED THE MANNER IN WHICH THE UNDISCLOSED INCOME HAD BEEN DERIVED. THAT, THE APPELLANT ALONG WITH H IS BROTHERS AND OTHER ASSOCIATES IS CARRYING ON VARIOUS BUSINESS ACTIVITIES THROUGH A N UMBER OF COMPANIES AND FIRMS. ONE OF THE ACTIVITY IN WHICH UNDISCLOSED INCOME WAS GENERATED IS REAL ESTATE BUSINESS AND THEREFORE IN THE STATEMENT U/S 132(4) IT WAS CLEARLY STATED BY HIM THAT THE UNDISCLOSED INCOME WAS DERIVED FROM THE REAL ES TATE BUSINESS AND OTHER BUSINESSES. IN THE ABSENCE OF ANY DOCUMENTS HAVING DESCRIPTION OF GENERATION OF UNDISCLOSED INCOME, THE SAME CANNOT BE SUBSTANTIATE D AS DESIRED BY THE AO. THEREFORE, THE CONDITIONS LAID DOWN IN SUB-SECTION (2) OF SECTION 271AAA ARE SATISFIED IN THE CASE OF APPELLANT AND ONCE THESE CONDITIONS ARE SATISFIED, THE SUB-SECTION (1) OF SECTION 271AAA IS NOT APPLICABLE. ON CAREFUL CONSID ERATION OF FACTS AND ON GOING THROUGH THE PROVISIONS OF SECTIO N 271AAA OF THE ACT, I AM OF THE OPINION THAT THE AO WAS NOT JUSTIFIED IN IMPOSING T HE PENALTY. THE PROVISIONS OF SECTION 271AAA WERE INSERTED IN THE STATUTE BY THE FINANCE ACT, 2007, W.E.F. 1.4.2007. THE SUB-SECTION (1) OF SECTION 271AAA SAY S THAT, THE AO MAY, NOTWITHSTANDING ANYTHING CONTAINED IN ANY OTHER PRO VISIONS OF THE ACT, DIRECT THAT, IN A CASE WHERE SEARCH HAS BEEN INITIATED UNDER SECTION 132 ON OR AFTER THE 1 ST DAY OF ]UNE,2007, THE ASSESSEE SHALL PAY BY WAY OF PENALTY , IN ADDITION TO TAX, IF ANY, PAYABLE BY HIM, A SUM COMPUTED AT THE RATE OF TEN P ERCENT OF THE UNDISCLOSED INCOME OF THE SPECIFIED PREVIOUS YEAR. THE MEANING OF 'SPE CIFIED PREVIOUS YEAR' HAS ALSO BEEN DEFINED IN EXPLANATION (B). FROM THE READING O F SUB-SECTION (I), IT IS APPARENT THAT THE PENALTY U/S 271AAA IS LEVIABLE @ 10% OF UN DISCLOSED INCOME OF THE SPECIFIED PREVIOUS YEAR. FOR THE PURPOSE OF SECTION 271AAA TH E MEANING OF THE 'UNDISCLOSED 4 4 INCOME' HAS ALSO BEEN PROVIDED IN EXPLANATION (A) W HICH READS AS UNDER: (A) 'UNDISCLOSED INCOME' MEANS - (I) ANY INCOME OF THE SPECIFIED PREVIOUS YEAR REPRE SENTED, EITHER WHOLLY OR PARTLY, BY ANY MONEY, BULLION, JEWELLERY OR OTHER V ALUABLE ARTICLE OR THING OR ANY ENTRY IN THE BOOKS OF ACCOUNT OR OTHER DOCUMENT S OR TRANSACTIONS FOUND IN THE COURSE OF SEARCH UNDER SECTION 132, WH ICH HAS - (A) NOT BEEN RECORDED ON OR BEFORE THE DATE OF SEAR CH IN THE BOOKS OF ACCOUNT OR OTHER DOCUMENTS MAINTAINED IN THE NORMAL COURSE REL ATING TO SUCH PREVIOUS YEAR; OR (8) OTHERWISE NOT BEEN DISCLOSED TO THE CHIEF COMMI SSIONER OR COMMISSIONER BEFORE THE DATE OF SEARCH; OR (II) ANY INCOME OF THE SPECIFIED PREVIOUS YEAR REPR ESENTED, EITHER WHOLLY OR PARTLY, BY ANY ENTRY IN RESPECT OF AN EXPENSE RECORDED IN THE BOOKS OF ACCOUNT OR OTHER DOCUMENTS MAINTAINED IN THE NORMAL COURSE RELATING TO SPECIFIED PREVIOUS YEAR WHICH IS FOUND TO BE FALSE AND WOULD NOT HAVE BEEN FOUND TO BE SO HAD THE SEARCH NOT BEEN CONDUCTED; THUS, FROM THE MEANING OF UNDISCLOSED INCOME EXPLAI NED IN THE ABOVE EXPLANATION, IT IS APPARENT THAT THE UNDISCLOSED INCOME IS THAT INCOME WHICH WAS UNEARTHED AS RESULT OF SEARCH U/S 132 AND REPRESENTED BY THE MONEY, BULLION, JEWELLER Y, OTHER VALUABLE ARTICLES OR THINGS, ENTRY IN THE BOOKS OF ACCOUNT OR OTHER DOCUMENTS AND THE FALSE OR BOGUS EXPENSES. IN THE CASE OF APPELLANT C ASH OF RS.9,67,5001- WAS FOUND FROM VARIOUS PREMISES WHICH HE STATED TO BE TREATED AS UNDISCLOSED INCOME FOR A.Y.2009-10 AND PART OF THE DISCLOSURE. BESIDES THA T, AS PER THE ASSESSMENT ORDER JEWELLERY WORTH RS.15,99,811/- WAS DECLARED FOR A.Y . 2009-10. THE AO HAS NOT DISCUSSED ANYTHING ABOUT THE UNDISCLOSED INCOME FOR THE YEAR UNDER CONSIDERATION DETECTED AS A RESULT OF SEARCH. FOR THE YEAR UNDER CONSIDERATION THE APPELLANT MADE SURRENDER OF UNDISCLOSED INCOME AT RS.L,25,00,0001- AND PAID THE TAX AND SAME WAS ALSO ACCEPTED BY THE AO. UNDER THE CIRCUMSTANCES, I AM OF THE OPINION THAT MERELY FOR THE REASON THAT THE APPELLANT HAD OFFERED A HIG HER AMOUNT OF UNDISCLOSED INCOME AND ALSO PAID THE TAX THEREON, IT DOES NOT MEAN THA T HE WOULD ALSO BE VISITED WITH PENALTY, SPECIFICALLY WHEN THE AO WAS NOT HAVING AN Y MATERIAL OR EVIDENCE OF UNDISCLOSED INCOME. ON PERUSAL OF PETITION DATED 23 .05.2008 FILED BY THE APPELLANT BEFORE THE DDIT (INV), IT IS OBSERVED THAT THE APPE LLANT HAD CLEARLY STATED THAT DURING THE COURSE OF SEARCH PROCEEDINGS ON 24 TH /25 TH APRIL, 2008, HE HAD VOLUNTARILY MADE A DISCLOSURE U/S 132(4) TO AVAIL IMMUNITY FROM THE PE NALTY AS PER SECTION271AAA OF THE LT. ACT ON HIS BEHALF AND ON BEHALF OF HIS FAMI LY MEMBERS AND BUSINESS ASSOCIATES. THE AO HAS STATED THAT SINCE THE AMOUNT OF UNDISCLOSED INCOME WAS NOT DECLARED BY THE APPELLANT IN THE RETURN FILED U/S 139(1) AFTER THE SEARCH, THEREFORE, HE WOULD NOT BE ENTITLED FOR BENEFIT AS ENVISAGED I N SUB-SECTION (2) OF SECTION 271AAA. HOWEVER, I AM OF THE OPINION THAT THE VIEW TAKEN BY THE AO IS NOT CORRECT BECAUSE AS PER THE PROVISIONS TO AVAIL THE BENEFIT OF SUB-SECTION (2) OF SECTION 271AAA, IT IS NOT NECESSARY THAT THE AMOUNT OF UNDI SCLOSED INCOME SHOULD HAVE BEEN SHOWN IN THE RETURN FILED U/S 139(1). THE APPE LLANT DECLARED THE UNDISCLOSED INCOME IN THE RETURN FILED U/S 153A AND PAID THE TA X ALONG WITH INTEREST. THE PROVISION OF SUB-SECTION (1) OF SECTION 271AAA IS N OT APPLICABLE IF THE CONDITIONS OF SUB-SECTION (2) OF SECTION 271AAA ARE SATISFIED. ON GOING THROUGH THE FACTS OF THE CASE AND AS ABOVE, I AM OF THE OPINION THAT IN THE CASE OF APPELLANT THE CONDITIONS OF SUB-SECTION(2) OF SECTION 271AAA ARE SATISFIED. THE APPELLANT HAD ADMITTED THE UNDISCLOSED INCOME IN THE COURSE OF SEARCH IN THE S TATEMENT U/S 132(4) AND SPECIFIED THE MANNER IN WHICH SUCH UNDISCLOSED INCO ME HAS BEEN DERIVED. THE APPELLANT ALSO PAID THE TAX ON SUCH UNDISCLOSED INC OME. I FIND FORCE IN THE SUBMISSION OF THE APPELLANT THAT SINCE NO DOCUMENT WAS FOUND DURING THE SEARCH WHICH COULD EVEN INDICATE ANY UNDISCLOSED INCOME EA RNED BY HIM, THE QUESTION OF SUBSTANTIATING THE SAME IS IMPRACTICAL. THEREFORE I AM OF THE CONSIDERED OPINION THAT THE APPELLANT COULD NOT BE DENIED IMMUNITY UNDER SE CTION 271AAA(2) OF THE ACT. IN 5 5 VIEW OF THE ABOVE, IT IS TO BE HELD THAT THE AO WAS NOT JUSTIFIED IN IMPOSING PENALTY U/S 271AAA OF THE ACT. HE IS DIRECTED TO DELETE THE PENALTY. THE GROUND NO.1 IS ALLOWED. 4. SIMILARLY THE PENALTY FOR A.YR.2009-10 WAS ALSO DELETED. 5. THE LD. DR EVEN THOUGH RELIED ON THE ORDER OF TH E AO BUT COULD NOT CONVINCE US HOW THE ASSESSEE FAILS TO GET IMMUNITY FROM THE PENALTY U/S 271AAA O F THE ACT. THE ASSESSEE HAS DECLARED UNDISCLOSED INCOME IN THE RETURN FILED U/S 153A AND PAID TAX AL ONG WITH THE INTEREST AND THE PROVISION OF SECTION 271AAA(1) WILL NOT BE APPLICABLE AS THE ASSESSEE CO MPLIED WITH THE CONDITIONS MENTIONED U/S 271AAA(2) OF THE ACT. THE ASSESSEE ADMITTED THE UND ISCLOSED INCOME IN THE COURSE OF SEARCH IN THE STATEMENT RECORDED U/S 132(4) OF THE ACT AND ALSO S PECIFIC MANNER IN WHICH THE INCOME HAS BEEN DERIVED BY HIM. THE MANNER DISCLOSED BY THE ASSESSEE HAD BE EN ACCEPTED BY THE AO. THE ASSESSEE HAS ALSO PAID THE TAX AND INTEREST IN RESPECT OF UNDISCLOSED INCO ME. THE UNDISCLOSED INCOME AS WELL AS THE SPECIFIED YEAR ARE DEFINED IN THE EXPLANATION 2 TO SECTION 27 1AAA OF THE ACT. THUS IN OUR OPINION THE ASSESSEE H AS COMPLIED WITH THE CONDITIONS AS GIVEN U/S 271AAA(2) . OUR AFORESAID VIEW IS DULY SUPPORTED BY THE FOLLOWING DECISIONS :- (I) PRAMOD KUMAR JAIN VS DCIT (2012) 149 TTJ 36 (CUTTAC K-TRIB) (II) CONCRETE DEVELOPERS VS ACIT (2013) 34 TAXMANN.COM 6 2 (NAGPUR-TRIB.) (III) ASHOK KUMAR SHARMA VS DCIT [(2012) 149 TTJ 33 (CUTT ACK-TRIB.)] (IV) SULOCHANADEVI AGARWAL VS DEPARTMENT OF INCOME TAX [ ITA NO.1052/AHD/2012)] (V) SHILPA M.GUPTA VS DEPARTMENT OF INCOME TAX [ITA NO. 1784/AHD/2012)] NO CONTRARY DECISION WAS BROUGHT TO OUR KNOWLEDGE B Y THE LD. DR. WE THEREFORE DISMISS THE GROUND TAKEN BY THE REVENUE. 6. IN THE RESULT BOTH THE APPEALS FOR A.YRS.2008-09 AND 2009-10 IN THE CASE OF SHRI NARESH KUMAR AGARWAL STAND DISMISSED. 7. SINCE THE FACTS INVOLVED IN ALL THE OTHER APPEAL S AS AGREED BY THE LD. AR AND DR ARE ALSO SIMILAR T O THE FACTS INVOLVED IN THE CASE OF SHRI NARESH KUMAR AGARWAL WE THEREFORE, RESPECTFULLY FOLLOWING THE AFORESAID DECISION DISMISS ALL THE APPEALS TAKEN BY US IN ALL THOSE APPEALS AND DISMISS ALL THE APPEAL S IN THE CASE OF SHRI BISHNU KUMAR AGARWAL AND SHRI PRAD IP KUMAR SANTHALIA. 6 6 8. IN THE RESULT ALL THE APPEALS FILED BY THE REVEN UE ARE DISMISSED. ORDER PRONOUNCED IN THE COURT ON 17.01.2014. SD/- SD/- [MAHAVIR SINGH ] [P.K.BANSAL] JUDICIAL MEMBER ACCOUNTANT MEMBER DATE: 17.01.2014. R.G.(.P.S.) COPY OF THE ORDER FORWARDED TO: 1. SHRI NARESH KUMAR AGARWAL, 37, GARCHA ROAD, KOLKATA -700032. 2 SHRI BISHNU KUMAR AGARWAL, 37, GARCHA ROAD, KOLKATA -700032. 3 . SHRI PRADIP KUMAR SANTHALIA, 34, RITCHIE ROAD, KOLK ATA-700019. 4. D.C.I.T., CENTRAL CIRCLE-XVI, KOLKATA 5. CIT (A)-CENTRAL-II, KOLKATA 6. CIT KOLKATA 7. CIT (DR) KOLKATA BENCHES, KOLKATA T RUE COPY, BY ORDER, ASST. REGISTRAR , ITAT, KOLKATA BENCHES