M/s. Spartan Plastic Industries Pvt. Ltd., New Delhi V. ITO, New Delhi

ITA 133/DEL/2010

• Counselvise Citation: [2011] 119 COUNSELVISE.COM (IT) 7048 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 10 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-11-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Next Hearing Date: 15-11-2011
• Assessment Year: 2005-2006
• Appeal Filed On: 11-01-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S MOHANTY
• Keywords: Accommodation entries; Reason to believe
• Section: 147; 68; 148

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G DELHI BEFORE SMT. DIVA SINGH & AND SHRI K.G. BANSAL ITA NO. 133(DEL)/2010 ASSESSMENT YEAR: 2005-06 M/S SPARTAN PLASTIC INDUSTRIES I NCOME-TAX OFFICER, PVT. LTD., SHOP NO. 7, D-1, VS. W ARD 9(1), NEW DELHI. DDA MARKET, JANAKPUR, NEW DELHI. PAN: AAACS0242B (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI PIYUSH KAUSHI K, ADVOCATE RESPONDENT BY : S MT. S. MOHANTY, SR. D.R. DATE OF HEA RING : 15.11.2011 DATE OF PRO NOUNCEMENT : 25.11.2011 ORDER PER K.G. BANSAL : AM THE ASSESSEE HAS TAKEN UP FIVE GROUNDS IN THE AP PEAL. THESE GROUNDS CONTAIN FACTS AND ARGUMENTS ALSO. THERE FORE, THE GROUNDS ARE NOT IN ACCORDANCE WITH THE INCOME TAX APPELLATE TR IBUNAL RULES. THE SUM AND SUBSTANCE OF THE GROUNDS, MENTIONED IN GROUND NO. 2, IS THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT(APPEALS) WAS NOT RIGHT IN UPHOLDING THE ADDITION OF RS. 10 ,02,500/- MADE BY THE AO. ITA NO. 133(DEL)/2010 2 2. THE FACTS ARE THAT THE ASSESSEE HAD FILED ITS RETURN ON 31.10.2005 DECLARING NIL INCOME. SUBSEQUENTLY, INFORMATION WAS RECEIVED FROM THE ADDITIONAL COMMISSIONER OF INCOME-TAX, RANGE-16, NE W DELHI THAT THE ASSESSEE COMPANY RECEIVED A SUM OF RS. 10.00 L AKH AS SHARE APPLICATION MONEY FROM TASHI TRACTORS PVT. LTD. (TASHI FOR SHORT). THE AO HAD MADE ENQUIRIES IN THAT CASE. THE BANK ACCOUNTS OF THAT COMPANY WERE LOCATED AND OBTAINED. IT WAS FOUND THAT THESE AC COUNTS WERE USED FOR FURNISHING BOGUS ENTRIES FOR WHICH CREDITS AND DEB ITS APPEARED THEREIN. A PRIMA FACIE LOOK SHOWED THAT FOR EVERY CREDIT THERE IS A CORRESPONDING CASH WITHDRAWAL. SIMILARLY, FOR EVERY CASH DEPOS IT THERE IS AN IMMEDIATE ISSUANCE OF CHEQUE OR DEMAND DRAFT OF THE SAME AMOUNT. AMOUNTS HAVE ALSO BEEN TRANSFERRED FROM ONE ACCOUNT TO ANOTHER ACCOUNT TO CAMOUFLAGE THE BOGUS TRANSACTIONS. THEREFORE, IT WAS CONCLU DED THAT THE TASHI MERELY PROVIDED ACCOMMODATION ENTRIES IN THE SHAPE OF S HARE CAPITAL, LOAN, ADVANCE ETC. IT WAS FURTHER INFORMED THAT THE BALANCE SHEET OF THAT COMPANY WAS FACTUALLY INCORRECT. IN FINANCIAL Y EAR 2004-05, INVESTMENTS BY WAY OF SHARE APPLICATION MONEY TO THE EXTENT OF RS. 1,77,40,000/- HAVE BEEN FOUND FROM ENQUIRIES WITH VARIOUS PARTIES, WHEREAS ITS BALANCE-SHEET AS ON 31.03.2005 SHOWED INVESTMENTS OF RS. 34.00 LAKH ONLY. IT WAS ALSO INFORMED THAT THE TASHI WAS NOT RESPONDING TO V ERIFICATION OF ITS ACCOUNTS ITA NO. 133(DEL)/2010 3 WHICH LEADS TO A CONCLUSION THAT IT HAS NOTHING TO SAY IN THE MATTER. IT WAS ALSO INFORMED THAT THE ASSESSEE WAS NOT CA RRYING ON ANY REAL BUSINESS AND IT WAS ENGAGED IN THE BUSINESS OF PR OVIDING ACCOMMODATION ENTRIES ONLY. THIS FACT HAS BEEN ACCEPTED BY T HE DIRECTOR OF THE COMPANY, SHRI SURENDER PAL SINGH IN THE STATEMENTS RECORD ED BY THE INVESTIGATION WING ON 30.12.2003 AND 05.01.2005. IN THE LIGHT OF THESE FACTS, IT WAS RECORDED THAT THE ASSESSEE RECEIVED AN AMOUNT O F RS. 10.00 LAKH IN THE FORM OF CHEQUES/DDS AS ACCOMMODATION ENTRY FRO M THE TASHI. THE DETAILS OF TWO CHEQUES OF RS. 5.00 LAKH EACH REC EIVED BY THE ASSESSEE FROM THE TASHI DRAWN ON DENA BANK, RAJENDRA PLACE, N EW DELHI HAVE BEEN FURNISHED IN THE ASSESSMENT ORDER. THEREFORE, T HERE IS REASON TO BELIEVE THAT A SUM OF RS. 10.00 LAKH ESCAPED ASSESSMENT I N THE HANDS OF THE ASSESSEE. ACCORDINGLY, NOTICE U/S 148 WAS ISSUE D. THE ASSESSEE INFORMED THAT THE RETURN FILED ON 31.10.2005 MAY BE TAKEN AS A RETURN FILED IN RESPONSE TO THIS NOTICE. THEREAFTER, ASSESSMENT PROCEEDINGS WERE INITIATED. IN VIEW OF THE FINDINGS IN THE CASE OF TASHI AND STATEMENTS OF SHRI SURENDER PAL SINGH FURNISHED BEFORE THE INV ESTIGATION WING, IT WAS HELD THAT THE ASSESSEE COMPANY HAS INTRODUCED ITS OWN MONEY IN THE BOOKS AS SHARE CAPITAL. THEREFORE, THE ASSESSMENT WAS COMPLETED AT AN INCOME OF RS. 10,02,500/-. ITA NO. 133(DEL)/2010 4 2.1 THE MATTER WAS AGITATED IN APPEAL. AFTER CON SIDERING VARIOUS SUBMISSIONS OF THE ASSESSEE, THE LD. CIT(APPEAL S) MENTIONED THAT THE PROVISION CONTAINED IN SECTION 147 HAS BEEN DULY FOLLOWED. THE COPY OF THE REASONS WAS SUPPLIED TO THE ASSESSEE. IN ORDER TO PROVE ITS CASE, THE ASSESSEE FILED A CONFIRMATION LETTER AND A COPY OF INCOME-TAX RETURN OF TASHI. HOWEVER, THE AO REJECTED THESE EVIDENCES IN THE LIGHT OF THE STATEMENT OF SHRI SURENDER PAL SINGH. IT WAS SU BMITTED BEFORE HER THAT THE CASE IS COVERED UNDER THE DECISION OF HON BLE SUPREME COURT IN THE CASE OF CIT VS. LOVELY EXPORTS (P) LTD., 216 C TR 195. SINCE THE ASSESSEE HAS FURNISHED PROOF OF IDENTITY OF TH E CREDITOR, NO ACTION LIED IN ITS CASE, AND ANY ACTION IF NECESSARY HAD TO B E TAKEN IN THE CASE OF TASHI. THESE SUBMISSIONS WERE REJECTED BY REL YING ON THE STATEMENTS OF SURENDER PAL SINGH, WHICH ACCORDING TO HER, STAND FORTIFIED BY THE BANK ACCOUNTS OF THE TASHI. IT WAS HELD THAT THE EVI DENCE PROVES BEYOND DOUBT THAT ASSESSEES OWN MONEY HAD BEEN INTRODUCED AS SHARE CAPITAL AND ACCOMMODATION ENTRY WAS OBTAINED BY PAYING COMMISS ION. THUS, THE ASSESSMENT ORDER HAS BEEN UPHELD. 3. BEFORE US, THE LD. COUNSEL REFERRED TO THE ASS ESSMENT ORDER WHICH IS BASED ON THE STATEMENTS OF SHRI SURENDER PAL SINGH MADE BEFORE ITA NO. 133(DEL)/2010 5 INVESTIGATION WING AND INFORMATION RECEIVED FROM ASSESSING OFFICER OF TASHI. IT IS SUBMITTED THAT THE CONFIRMATION FI LED BY THE ASSESSEE HAS BEEN DISBELIEVED ON THE BASIS OF THE CONTENTS OF THE INF ORMATION. THE AO HAS NOT MADE ANY INDEPENDENT VERIFICATION IN THE CASE O F THE ASSESSEE. SINCE THE ASSESSEE HAS DISCHARGED ITS BURDEN BY FILING THE CONFIRMATION LETTER, IT WAS NECESSARY TO SHIFT THE ONUS BACK TO THE ASSESSEE B Y BRINGING CONTRARY EVIDENCE ON RECORD. THIS HAS NOT BEEN DONE. THE ASSESSEE-COMPANY HAS RECEIVED PAYMENTS BY CHEQUES AND SHARES HAVE BEEN ALLOTTED TO THE TASHI. THEREFORE, IT IS ARGUED THAT NOTHING CAN BE ADD ED IN THE CASE OF THE ASSESSEE. 3.1 IN REPLY, THE LD. SR. DR REFERRED TO THE FIN DINGS IN THE CASE OF THE TASHI THAT IT HAD BEEN PROVIDING ONLY ACCOMMODA TION ENTRIES AND ITS BALANCE-SHEET IS NOT TRUE BUT RATHER INACCURATE . THESE FACTORS CLEARLY ESTABLISH THAT ASSESSEES OWN MONEY HAS BEEN I NVESTED BY TAKING ACCOMMODATION ENTRY FROM THE TASHI. 4. WE HAVE CONSIDERED THE FACTS OF THE CASE AND SUBMISSIONS MADE BEFORE US. THE ORIGIN OF REASSESSMENT PROCEEDING S IS IN THE FINDINGS GIVEN BY THE AO IN THE CASE OF THE TASHI THAT IT WAS CARRYING ON THE BUSINESS OF ITA NO. 133(DEL)/2010 6 PROVIDING ACCOMMODATION ENTRIES ONLY, AND THAT I TS BALANCE-SHEET FILED WITH THE INCOME-TAX RETURN IS FALSE. THIS WAS DEMONSTRATED BY EXAMINING THE BANK ACCOUNTS WHICH SHOWED CORRES PONDING CASH AND CHEQUE ENTRIES LEADING TO INFERENCE THAT THESE WERE ACCOMMODATION ENTRIES; AND COLLECTING EVIDENCE FROM THE COMPA NIES REGARDING INVESTMENTS MADE BY IT. ITS DIRECTOR HAD ALSO DEPOS ED BEFORE THE INVESTIGATION WING THAT IT HAS BEEN CARRYING ON THE BUSINESS OF PROVIDING ACCOMMODATION ENTRIES ONLY AND NO SUBSTANTIVE BUS INESS HAS BEEN CARRIED ON. 4.1 AT THIS STAGE, WE MAY EXAMINE THE CASES RE LIED UPON BY THE RIVAL PARTIES. IN THE CASE OF GLOBUS SECURITIES & FI NANCE PVT. LTD., IN ITA NO. 3593(DEL)/2010 FOR ASSESSMENT YEAR 2006-07 DATED 04.11.2011, THE FINDINGS OF THE LD. CIT(APPEALS) IN FAVOUR OF THE ASSESSEE HAVE BEEN UPHELD BY MENTIONING THAT THE ENQUIRIES CONDUCTED DO NOT ESTABLISH THAT THE SOURCE OF CONTRIBUTION WAS THE ASSESSEE. O N THE OTHER HAND, THE IDENTITY OF THE CONTRIBUTORS HAD BEEN ESTABLISHED. THEREFORE, IN THE LIGHT OF THE DECISION IN THE CASE OF LOVELY EXPORTS (P) LTD., 216 CTR 195(SC), THE ASSESSEE HAD DISCHARGED ITS BURDEN AND NOT HING FURTHER WAS DONE BY THE AO. HOWEVER, THE FACTS OF THE CASE ARE DIS TINGUISHABLE BECAUSE IN THE ITA NO. 133(DEL)/2010 7 CASE AT HAND THE ASSESSING OFFICER OF THE TASH I HAD GIVEN A FINDING THAT IT WAS ADMITTEDLY ENGAGED IN THE BUSINESS OF PROV IDING ACCOMMODATION ENTRIES AND ITS BALANCE-SHEET WAS FALSE. FOR R EADY REFERENCE, PARAGRAPH NO. 4 OF THE DECISION IN THE CASE OF AFORESAID GLOBUS SECURITIES IS REPRODUCED BELOW:- 4. WE HAVE CONSIDERED THE FACTS OF THE CASE AND SUBMISSIONS MADE BEFORE US. WE FIND THAT THE ASSE SSEE HAD FILED SUFFICIENT EVIDENCE IN THE FORM OF NAME, AD DRESS AND PAN DETAILS OF THE CONTRIBUTORS. FURTHER, COPIES OF CONFIRMATION, INCOME-TAX RETURN, BANK STATEMENT, SHARE APPLICATION FORM AND BALANCE-SHEET HAVE ALSO BEE N FILED. THESE DETAILS ESTABLISH THE IDENTITY OF THE CON TRIBUTORS. THIS, IN FACT, HAS NOT BEEN DOUBTED BY THE AO ALSO. H E HAS RELIED ON INFORMATION RECEIVED FROM INVESTIGATION WING , WHICH LISTED FOUR OF THE CONTRIBUTORS AS PERSONS WHO WERE INDULGING IN FURNISHING ACCOMMODATION ENTRIES. THIS POINT HAS NOT BEEN EXAMINED IN DETAILS BY MAKING ANY FURTHER E NQUIRY. HE HAS ALSO NOTED THAT THERE ARE MATCHING CREDITS I N THE CASE OF INTER STELLAR EXPORTS PVT. LTD., SOBER ASSOCIATES P VT. LTD. AND RITIKA FINANCE & INVESTMENTS PVT. LTD. HOWEVER, FURTHER ENQUIRY HAS NOT BEEN MADE IN THE CASE OF THE CO NTRIBUTORS TO ESTABLISH IN ANY MANNER THAT THE SOURCE OF THE CRE DITS WAS THE ASSESSEE. IT HAS ALSO BEEN FOUND THAT SHARES WE RE ISSUED IN THE IMMEDIATELY PRECEDING YEAR AND NO PREMIUM WAS CHARGED. THIS DOES NOT LEAD TO THE INFERENCE THAT THE AM OUNT OF PREMIUM RECEIVED IN THIS YEAR IS BOGUS OR THAT SUCH AMOUNT FLOWED FROM THE COFFERS OF THE ASSESSEE. THEREFO RE, WE ARE OF THE VIEW THAT THE ENQUIRIES DO NOT ESTABLISH TH AT SOURCE OF THE CONTRIBUTION WAS THE ASSESSEE. ON THE OTHER HAND , THE IDENTITIES OF THE CONTRIBUTORS HAVE BEEN ESTABLISH ED. IN THE LIGHT OF THE DECISION IN THE CASE OF LOVELY EXPORTS ( P) LTD. (SUPRA), THE ASSESSEE WAS NOT REQUIRED TO BRING ANYTHING FURTHER THAN ESTABLISHING THE IDENTITY. THEREAFTER, IF ANY DOU BT PERSISTED, THE ACTION LIED IN THE CASE OF THE CONTRIBUTORS. ACCORDINGLY, IT IS ITA NO. 133(DEL)/2010 8 HELD THAT THE LD. CIT(APPEALS) WAS RIGHT IN DELET ING THE ADDITION. 4.2 IN THE CASE OF LOVELY EXPORTS (P) LTD. (SUPRA) , IT HAS BEEN HELD THAT THE BURDEN OF THE ASSESSEE IS TO ESTABLISH THE IDENTITY OF THE CONTRIBUTOR. THEREAFTER, EVEN IF THE CONTRIBUTION IS BOGUS, THE ACTION LIES IN THE CASE OF THE CONTRIBUTOR. TO OUR MIND, THE RATIO OF THI S DECISION IS NOT APPLICABLE BECAUSE IT HAS NO WHERE BEEN HELD THAT IF MONEY FLOWS FROM THE ASSESSEE FOR MAKING CONTRIBUTION BY WAY OF SHARE CAPITAL, EVEN THEN NO ACTION LIES IN THE HANDS OF THE ASSESSEE. 4.3 IN THE CASE OF CIT VS. ROCK FORT METALS & M INERALS LTD., (2011) 198 TAXMAN 497 (DEL), THE COURT REFERRED TO THE FINDING IN THE CASE OF LOVELY EXPORTS (P) LTD. TO THE EFFECT THAT THE AMOUNT OF SHARE APPLICATION MONEY CANNOT BE REGARDED AS UNDISCLOSED INCOME U /S 68 OF THE INCOME- TAX ACT, 1961. THE COURT HAD FOUND NO MERIT IN THIS SPECIAL LEAVE PETITION FOR THE SIMPLE REASON THAT IF THE SHARE APPLICATI ON MONEY IS RECEIVED BY THE ASSESSEE-COMPANY FROM THE ALLEGED BOGUS SHAREHOL DERS, WHOSE NAMES ARE GIVEN TO THE AO, THEN THE DEPARTMENT IS FREE TO P ROCEED TO REOPEN THEIR OWN RESPECTIVE ASSESSMENTS IN ACCORDANCE WITH LAW . RELYING ON THIS DECISION, IT WAS HELD THAT THE CONCURRENT FINDINGS OF THE TWO LOWER ITA NO. 133(DEL)/2010 9 AUTHORITIES WERE IN ACCORDANCE WITH THE AFORESA ID DECISION AND THE SHARE APPLICATION MONEY COULD NOT BE REGARDED AS UNDISCL OSED INCOME OF THE ASSESSEE. THUS, THE APPEAL WAS DISMISSED IN LIMINE . WE HAVE ALREADY MENTIONED THAT LOOKING TO STATE OF ACCOUNTS OF THE TASHI AND STATEMENTS OF ITS DIRECTOR, THE AO AND THE LD. CIT(APPEALS) HAVE GIVEN A FINDING TO THE EFFECT THAT THE MONEY HAD FLOWED FROM THE ASSESS EE. THIS IS A DISTINGUISHING FEATURE OF THIS CASE. 4.4 THE ASSESSEE HAS RELIED ON A NUMBER OF OTHER CASES, THE GIST OF WHICH IS THAT IF THE IDENTITY OF THE CONTRIBUTOR HAS BEEN ESTABLISHED, NO ACTION CAN BE TAKEN IN THE HANDS OF THE ASSESSEE- COMPANY AND ACTION IF ANY LIES IN THE CASE OF THE CONTRIBUTOR. WE NEED NOT GO INTO EACH AND EVERY CASE BUT IT MAY BE ADDED THAT THE LD. CIT(APP EALS) HAS FURNISHED A SPECIFIC FINDING THAT THE SOURCE OF MONEY IS THE ASSESSEE AND, THUS, THESE CASES ARE DISTINGUISHABLE. 4.5 WE MAY NOW PROCEED TO DISCUSS THE CASES RELI ED UPON BY THE LD. SR. DR. IN THE CASE OF CIT VS. PRECISION FINANCE PV T. LTD., (1994) 208 ITR 465 (CAL.), IT HAS BEEN HELD THAT THE ENQUIRIES WERE CONDUCTED THROUGH THE INSPECTOR WITH THE CREDITOR AND SEVERAL LE TTERS WERE ALSO ISSUED TO THE ITA NO. 133(DEL)/2010 10 ASSESSEE BRINGING TO ITS NOTICE THAT THE LOANS C OULD NOT BE VERIFIED AND ADEQUATE PROOF WAS REQUIRED. THE ASSESSEE DID N OT RESPOND TO THESE LETTERS. IN THESE CIRCUMSTANCES, THE TRIBUNAL WAS RIGHT IN UPHOLDING THE FINDING THAT THE CASH CREDITS REMAINED UNPROVED. FURTHER, IN THE CASE OF CIT VS. KORLAY TRDING CO. LTD., (1998) 232 ITR 820, IT HAS BEEN HELD THAT SINCE THE ASSESSEE FAILED TO FURNISH CONFIR MATION LETTERS OF THE CREDITORS AND ONLY INCOME-TAX FILE NUMBERS WERE FILED, T HE FINDING THAT IDENTITY, CREDITWORTHINESS AND GENUINENESS OF TRANSACTIONS HAVE NOT BEEN PROVED IS BASED UPON RELEVANT MATERIAL ON RECORD. WE MAY MENTION THAT BOTH THESE CASES RELATE TO CASH CREDITS AND NOT CAPITAL CONT RIBUTION FOR SUBSCRIPTION TOWARDS SHARE. THEREFORE, THESE CASES ARE ALSO DISTINGUISHABLE. 4.6 HAVING REGARD TO THE FACTS OF THE CASE AND SUBMISSIONS MADE BY BOTH THE PARTIES, WE ARE OF THE VIEW THAT SUFFI CIENT INFORMATION WAS AVAILABLE IN THE FORM OF STATEMENTS OF DIRECTOR OF TASHI AND COMMUNICATION RECEIVED FROM ITS ASSESSING OFFICER TO PROCEED FURTHER IN THE CASE. HOWEVER, THE AO THEREAFTER DID NOT EX AMINE THE CONFIRMATION LETTER FILED BY THE ASSESSEE. HE ALSO DID NOT BRI NG ON RECORD THE ASSESSMENT ORDER IN THE CASE OF TASHI AND ITS BANK ACCOUNTS FOR THIS YEAR. IN THESE CIRCUMSTANCES, WE ARE OF THE VIEW THAT FURTHER E NQUIRY NEEDS TO BE MADE ITA NO. 133(DEL)/2010 11 WITH A VIEW TO BRING THE STATEMENTS OF SURENDE R PAL SINGH, ASSESSMENT ORDER IN THE CASE OF THE TASHI AND ITS BANK ACCO UNTS ON RECORD SO AS TO CONFRONT THE ASSESSEE WITH THESE DOCUMENTS. THE REAFTER, SHRI SURENDER PAL SINGH MAY BE EXAMINED ON OATH IN THE CASE OF THE ASSESSEE TO CLEARLY UNDERSTAND THE IMPORT OF THE ENTRIES IN ITS BOOK S IN THE NAME OF THE ASSESSEE. THE ASSESSEE SHOULD ALSO BRING ON REC ORD SHARE APPLICATION FILED BY THE TASHI. ON MAKING THESE ENQUIRIES ONLY, THE CASE CAN BE DECIDED AS TO NATURE AND SOURCE OF THE CREDITS PARTICULAR LY WITH REFERENCE TO THE SOURCE OF MONEY. IF THE SOURCE OF MONEY IS NOT THE ASSESSEE, NO ADDITION CAN BE MADE IN ITS CASE PROVIDED THAT TASHI HAD FILED APPLICATION FOR SHARE ALLOTMENT AND MONEY FLOWED FROM ITS ACCO UNTS. HOWEVER, IF THE SOURCE OF THE CONTRIBUTION IS THE ASSESSEE, THE AO SHALL BE JUSTIFIED IN MAKING THE ASSESSMENT. THUS, THE CASE IS REMAN DED TO THE AO TO CARRY OUT THESE INVESTIGATIONS AND DECIDE THE QUESTION AS PER LAW AFTER HEARING THE ASSESSEE. 5. IN THE RESULT, THE APPEAL IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. SD/- SD/- (DIVA SINGH) (K.G. BANSAL) JUDICIAL MEMBER ACCOUNTANT MEMBER SP SATIA ITA NO. 133(DEL)/2010 12 COPY OF THE ORDER FORWARDED TO:- 1. M/S SPARTAN PLASTIC INDUSTRIES PVT. LTD., NEW DELHI. 2. ITO, WARD 9(1), NEW DELHI. 3. CIT 4. CIT(A) 5. THE DR, ITAT, NEW DELHI. ASSISTANT REGISTRAR.