M/s. Sai Liquors, Bidar V. ITO, Bidar

ITA 157/BANG/2009

• Counselvise Citation: [2009] 115 COUNSELVISE.COM (IT) 0629 (ITAT-BANGALORE)
• Duration Of Justice: 8 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-11-2009
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Next Hearing Date: 10-11-2009
• Assessment Year: 2004-2005
• Appeal Filed On: 02-03-2009
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: JACINTA ZIMIK VASHAI
• Assessee Lawyers: DINESH P
• Keywords: Bad and doubtful debts; Onus to prove
• Section: 143(3)

Judgement Text

ITA NO.157/B/09 1 IN THE INCOME TAX APPELL ATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, IN THE INCOME TAX APPELLATE TRIBUNAL, BANGALORE BENCH BANGALORE BENCH BANGALORE BENCH BANGALORE BENCH A AA A BEFORE BEFORE BEFORE BEFORE GEORGE GEORGE K, JUDICIAL MEMBER GEORGE GEORGE K, JUDICIAL MEMBER GEORGE GEORGE K, JUDICIAL MEMBER GEORGE GEORGE K, JUDICIAL MEMBER AND AND AND AND SHRI SHRI SHRI SHRI A. MOHAN ALANKAMONY A. MOHAN ALANKAMONY A. MOHAN ALANKAMONY A. MOHAN ALANKAMONY, A , A, A , ACCOUNTANT MEMBER CCOUNTANT MEMBER CCOUNTANT MEMBER CCOUNTANT MEMBER ITA NO.157/BAN G/2009 (ASSESSMEN T YEAR 2004-05) M/S SAI LIQUORS, NEAR SANGAM THEATRE, BIDAR. . APPELLANT VS. THE INCOME-TAX OFFICER, BIDAR. . RESPONDENT APPELLANT BY : SHRI DINESH P RESPONDENT BY : SMT. JACINTA ZIMIK VASHAI O R D E R O R D E R O R D E R O R D E R PER PER PER PER GEORGE GEORGE GEORGE GEORGE GEORGE GEORGE GEORGE GEORGE K KK K, , , , JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER : : : : THIS APPEAL PREFERRED BY THE ASSESSEE IS DIRECTED A GAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME-TAX (AP PEALS), HUBLI DATED 1.9.2008. THE ASSESSMENT YEAR CONCERNED IS 2 004-05. 2. THE REVENUE HAS RAISED THE FOLLOWING EFFECTIVE G ROUNDS : (I) THE CIT(A) OUGHT TO HAVE CONSIDERED THE FACT THAT THE GOODS SUPPLIED BY THE MANGALORE BREWERIES AND DISTILLERIES LTD., MANGALORE WERE HELD IN STOCK AND THAT THE APPELLANT FIRM HAS NOT RECEIVED ANY INCOME OR BENEFITS, IN THE SAID TRANSACTIONS MORE SO THE AMOU NT DUE ITA NO.157/B/09 2 WAS AGAINST GOODS SUPPLIED AND HELD IN STOCK THAT TOO IN SEDIMENTED CONDITION. (II) THE CIT(A) OUGHT TO HAVE CONSIDERED THE FACT THAT CONFIRMATION LETTERS WERE FILED IN CASE OF AMM AR WINERIES LTD AND INDIA BREWERIES AND DISTILLERIES L TD AND THE AO HAS NEITHER CARRIED PROPER ENQUIRIES NOR HAV E PROVIDED REASONABLE OPPORTUNITY TO THE APPELLANT IN THE MATTER. IN CASE OF OTHER TRADE CREDITORS AMOUNTING TO RS.142841.63(7 CREDITORS BELOW RS.50,000/- EACH) TH E ASSESSING AUTHORITY HAS NOT CALLED FOR ANY CONFIRMA TION LETTERS AND HENCE THE ADDITIONS RELATED TO THESE CR EDITORS IS UNJUSTIFIABLE AND BAD IN LAW. THE BRIEF FACTS OF THE CASE ARE AS FOLLOWS : 3. THE ASSESSEE IS A FIRM. IT IS CARRYING ON BUSIN ESS OF PURCHASE AND SALE OF BEER AND LIQUOR AS WHOLE SALE DEALER. FOR THE ASSESSMENT YEAR CONCERNED, RETURN OF INCOME WAS FILED ON 1.11. 04 DECLARING TOTAL INCOME OF RS.2,90,800/-. ASSESSMENT U/S 143(3) WAS COMPLETED ON 29.1.06 DETERMINING TOTAL INCOME OF RS.11,60,765/-. AN ADDITION OF RS.8,69,965/- WAS MADE BY THE AO ON THE GROUND THAT THE TRADE CREDITORS HAVE NOT CONFIRMED THE BALANCE DUE BY THE ASSESSEE FIRM TO THEIR CONCERN AS ON 31.3.04. 4. ON APPEAL BEFORE THE CIT(A), IT WAS SUBMITTED TH AT IN MAJORITY OF THE CASES, THE ASSESSE FIRM COULD NOT FURNISH THE C ONFIRMATION LETTER, DUE TO THE FACT THAT ONLY SHORT TIME WAS GIVEN BY T HE AO TO COLLECT LETTERS FROM THE CREDITORS. IN SOME CASES, THE CRE DITORS CONCERNED ITA NO.157/B/09 3 HAVE CLOSED DOWN THE BUSINESS AND THE CONFIRMATORY LETTERS COULD NOT BE OBTAINED. IT WAS FURTHER SUBMITTED AS PER FIRM S BOOKS OF ACCOUNTS AN AMOUNT OF RS.2,43,245.50 IS PAYABLE TO M/S MANGA LORE BREWERIES AND DISTILLERIES LTD, MANGALORE AGAINST THEIR SUPPL Y OF BEER IN ALL 750 CASES SUPPLIED ON 29.6.1999 VIDE THEIR BILL NO.525. THE GOODS SUPPLIED BY THE SAID COMPANY BEING A NEW PRODUCT C OULD NOT BE MARKETED, MORE SO BECAUSE OF INFERIOR QUALITY. THI S FACT WAS INFORMED TO THE SAID COMPANY AND THE AMOUNT PAYABLE WAS HELD UP. ON THE OTHER HAND THE ASSESSEE FIRM HAS INFORMED THE SAID SUPPLIER COMPANY FOR TAKING BACK THE SAID MATERIAL SUPPLIED. PENDIN G THE MATTER IN DISPUTE AND ALSO THE GOODS LAYING UNSOLD WITH THE A SSESSEE FIRM, THE AMOUNT WAS NOT PAID. THE GOODS BEING HELD IN STO CK FOR A LONG PERIOD, IT BECOMES SEDIMENTED AND NOT FIT FOR HUMAN CONSUMPTION. THEREAFTER SINCE THE GOVERNMENT HAS BANNED THE WHOL ESALE LICENCE OF THE ASSESSEE ON 30.6.2006, THE ASSESSEE FIRM HAS IN FORMED AND REQUESTED, FOR PERMISSION FOR DESTROYING THE SAID M ATERIAL HELD IN STOCK, TO DY. COMMISSIONER OF EXCISE, BIDAR. THE LIST OF MATERIAL HELD IN STOCK ALSO INCLUDES THE GOODS PURCHASED FROM M/S MA NGALORE BREWERIES AND DISTILLERIES LTD, BESIDES OTHER BRAND S. IN ABSENCE OF PERMISSION BY STATE EXCISE DEPARTMENT OFFICIAL, IT WAS SUBMITTED THAT, THE ASSESSEE FIRM COULD NEITHER RETURN THE MATERIAL NOR COULD DISPOSE OF THE SAME, AND HENCE THE MATERIAL IS LYING WITH THE ASSESSEE FIRM AND THE SAME HAS BEEN SHOWN AS STOCK IN TRADE. IT WAS SUBMITTED BEFORE THE CIT(A) WITHOUT VERIFYING THE ABOVE FACTS IT IS NOT CORRECT ON THE PART OF THE ASSESSING AUTHORITY TO COME TO THE CONCLUSIO N THAT THE LETTER ITA NO.157/B/09 4 ADDRESSED TO THE DY. COMMISSIONER OF EXCISE BIDAR DOES NOT BELONG TO THE GOODS UNDER CONSIDERATION. SINCE THE GOODS SUPPLIED BY MANGALORE BREWERIES AND DISTILLERIES LTD BEING HELD IN STOCK AND SINCE THE ASSESSEE FIRM HAVE NEITHER RECEIVED ANY INCOME NOR ANY KIND OF BENEFIT IN THE ABOVE REFERRED TRANSACTIONS, THE ADD ITIONS ON ACCOUNT OF AMOUNT PAYABLE TO M/S MANGALORE BREWERIES AND DISTI LLERIES LTD, IS UNJUSTIFIABLE AND BAD IN LAW. 4.1 WITH REGARD TO THE AMOUNT OF RS.2,03,413/-, P AYABLE TO INDIA BREWERIES AND DISTILLERY LTD. HALLIKHED, IT WAS SUB MITTED THAT, THE GOODS WERE SUPPLIED BY THE SAID CONCERN IN THE YEAR 2000- 01 FY AND THE AMOUNT IS PAYABLE TO THE SAID COMPANY. IT WAS SU BMITTED ASSESSEE HAS WRITTEN A LETTER TO INDIA BREWERIES AND DISTILL ERIES LTD FOR SENDING CONFIRMATION LETTER FOR THE BALANCE DUE TO THEM AND THE ADDITIONS OF RS.2,02,413/- IN THIS REGARD IS ALSO NOT CORRECT. 4.2 AS REGARDS THE AMOUNT PAYABLE TO AMAR WINERIES LTD. HUMNABAD AMOUNTING TO RS.2,23,140/- IT WAS SUBMITTE D THAT ASSESSEE COULD NOT COLLECT THE LETTER BECAUSE OF SHORT OF TI ME AND SINCE THE SAID CONCERN HAS CLOSED ITS BUSINESS ACTIVITIES. IT WAS SUBMITTED ASSESSEE IS TRYING TO COLLECT THE LETTER CONFIRMING THE BALA NCE DUE TO THEM AS EARLY AS POSSIBLE. IT WAS SUBMITTED ADDITION OF RS ..4,24,307/-, WAS MADE SOLELY FOR THE REASON THAT, THE CREDITOR HAVE NOT CONFIRMED THE BALANCE RECEIVABLE BY THEM FROM THE ASSESSEE FIRM. IT WAS SUBMITTED THAT, OTHER THAN LETTER CONFIRMATION IN THE CASE OF AMAR WINERIES LTD, ITA NO.157/B/09 5 THE INCOME-TAX OFFICER HAD NOT CALLED FOR CONFIRMAT ION LETTERS FROM THE OTHER PETTY CREDITORS. EVEN DURING THE COURSE OF T HE HEARING OF THE CASE, ASSESSEE HAS NOT BEEN ASKED FOR COLLECTING TH E CONFIRMATION LETTERS FROM THE CREDITORS WHERE IN THE BALANCE DUE WAS ABOVE RS.1 LAKH. 5. SUBSEQUENTLY, DURING THE COURSE OF PROCEEDINGS B EFORE THE CIT(A), THE CONFIRMATORY LETTERS OF M/S INDIA BREWE RIES AND DISTILLERIES LTD, BANGALORE AND M/S AMAR WINERIES WERE FURNISHED . THE ASSESSEE ALSO SUBMITTED WRITTEN SUBMISSIONS BEFORE THE CIT(A ). THE CIT(A) CALLED FOR REMAND REPORT FROM THE AO VIDE HIS LETTE R DATED 29.5.07. THE AO FILED HIS REPORT ON 16.7.07. THE CIT(A) PASSED AN ORDER CONFIRMING THE ADDITION TO THE EXTENT OF RS.8,11,642/-. IN RE SPECT OF THE CREDIT BALANCE IN THE CASE OF M/S VARION DISTILLERIES AMOU NTING TO RS.58,323/-, THE CIT(A) DELETED THE ADDITION. THE ASSESSEE BEING AGGRIEVED BY THE ORDER OF THE CI T(A) IS IN APPEAL BEFORE US. 6. THE LEARNED AR REITERATED THE CONTENTION HE RAIS ED BEFORE THE AUTHORITIES BELOW. PER CONTRA, THE DR SUPPORTED TH E FINDINGS OF THE CIT(A). THE AR HAS FILED PAPER BOOK RUNNING INTO 1 8 PAGES, WHEREAS THE DR HAS FILED PAPER BOOK CONTAINING 31 PAGES. ITA NO.157/B/09 6 7. HAVING HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD, WE ENTER THE FOLLOWING FINDINGS IN RESPE CTS OF TRADE CREDITOR OF ASSESSEE FIRM: I) M/S MANGALORE BREWERIES AND DISTILLERIES LTD., MANG ALORE AS REGARD THE ADDITION OF RS.2,43,245/- ON ACCOUNT OF CREDIT NOT CONFIRMED BY M/S MANGALORE BREWERIES AND DISTILLERI ES LTD, PURSUANT TO CALLING OF THE REMAND REPORT BY THE CIT(A), THE AO HAD ADDRESSED A LETTER TO M/S MANGALORE BREWERIES AND DISTILLERIES LTD TO PRODUCE THE ACCOUNT EXTRACT COPIES FOR THE PERIOD FROM 1999-00 TO 2003-04 OF M/S SAI LIQUORS (THE ASSESSEE). THE M/S MANGALORE BREW ERIES AND DISTILLERIES LTD VIDE LETTER DATED 26.4.2007 HAD C ONFIRMED THE SUPPLY OF GOODS TO THE ASSESSEE FIRM BY BILL NO.526 DATED 29. 6.1999 FOR RS.2,43,245.50. IT WAS STATED IN THAT LETTER, IN T HE YEAR 2000-01 M/S MANGALORE BREWERIES AND DISTILLERIES LTD WAS TAKEN OVER BY M/S UNITED BREWERIES LTD, AND THE NEW MANAGEMENT HAD WRITTEN O FF ENTIRE CUSTOMERS BALANCE AS BAD DEBTS AND IN THIS CONTEXT , IT WAS MENTIONED BY M/S MANGALORE BREWERIES AND DISTILLERIES LTD, T HAT THE ACCOUNT OF M/S SAI LIQUORS(THE ASSESSEE) DOES NOT SHOW ANY BAL ANCE FROM 1.4.2001. IT IS A FACT THAT MATERIALS PURCHASED IN THE YEAR 1999 ARE STILL HELD AS STOCK BY THE ASSESSEE FIRM AND THIS FACT H AS BEEN VERIFIED WHILE INSPECTING THE GODOWN OF THE ASSESSEE FIRM BY THE INSPECTOR ITA NO.157/B/09 7 ATTACHED TO THE OFFICE OF AO. THE VERIFICATION OF THE STOCK BY THE INSPECTOR IS MENTIONED IN THE REMAND REPORT OF THE AO TO THE CIT(A). IN ABSENCE OF ANY CREDIT NOTE RECEIVED FROM M/S MAN GALORE BREWERIES AND DISTILLERIES LTD, IT IS NOT POSSIBLE TO COME T O THE CONCLUSION THAT THE COMPANY HAD WAIVED THE LIABILITY THAT IS STANDING I N THE NAME OF ASSESSEE FIRM. THE ASSESSEE FIRM WAS NOT INFORMED, AT ANY POINT OF TIME, ABOUT WRITTEN OFF OF THE DEBT BY M/S MANGALOR E BREWERIES AND DISTILLERIES LTD. THE LIABILITY TO PAY TO THE SAID COMPANY WAS THERE AS ON 31.3.04 AND THE MATERIAL WAS ALSO HELD AS STOCK IN TRADE. MOREOVER, REMISSION OR CESSATION OF LIABILITY BY THE SUPPLIER COMPANY, DID NOT RESULT IN ANY BENEFIT TO THE ASSESSEE FIRM, SINCE A S AGAINST THE LIABILITY THERE WAS SEDIMENT STOCK IN TRADE. IN OTHER WORDS, THE ASSESSEE FIRM NEITHER RECEIVED ANY BENEFIT NOR ANY INCOME IN THIS TRANSACTION AND HENCE, THE ADDITION U/S 41(1) IS NOT JUSTIFIABLE. ANOTHER IMPORTANT ASPECT TO BE NOTED IS THAT, THE ASSESSEE HAS WRITTE N OFF THE AMOUNT FORM THE STOCK IN THE FINANCIAL YEAR 2007-08 AND TH E SAME HAS BEEN ACCEPTED BY THE AO FOR THE CONCERNED ASST. YEAR. FO R THE AFORESAID REASONS, WE DELETE THE ADDITION OF RS.2,43,245/-. (II) M/S INDIA BREWERIES AND DISTILLERIES LTD., BANGALOR E THERE IS A CREDIT BALANCE OF RS.2,02,413/- AGAINS T THE NAME OF M/S INDIA BREWERIES AND DISTILLERIES LTD., BANGALOR E. DURING THE COURSE OF ASSESSMENT PROCEEDINGS FOR THE ASST. YEAR 2004-0 5 AFTER A LETTER ITA NO.157/B/09 8 CORRESPONDENCE WITH M/S INDIA BREWERIES AND DISTILL ERIES LTD., BANGALORE AND M/S JOHN DISTILLERIES LTD., BANGALORE (LESSEE OF M/S INDIA BREWERIES), IT IS ASCERTAINED BY AO THAT THE LEDGER BALANCE OF M/S SAI LIQUORS, BIDAR DURING THE F.Y 2003-04 AS APPEARING IN THEIR BOOKS OF ACCOUNT WAS NIL. THEREFORE, CREDIT BALANCE OF RS .2,02,413/- WAS ADDED TO THE INCOME OF ASSESSEE FIRM. BEFORE THE CIT, THE ASSESSEE FIRM HAS FILED A COPY OF THE CONFIRMATION LETTER FROM THE ABOVE CONCERN. HAVING A DOUBT ABOUT A GENUINENESS OF THIS LETTER DATED 9.1.2007, THE AO H AS ADDRESSED A LETTER ON 13.4.2007 FORWARDING A COPY OF THE CONFIR MATION LETTER SUBMITTED BY THE ASSESSEE FIRM BEFORE THE CIT(A), GULBARGA AND REQUESTED THEM TO CONFIRM THE GENUINENESS OF THE LE TTER. IN TURN, THE INDIA BREWERIES & DISTILLERY LTD CLARIFIED THAT THE CONFIRMATION LETTER PRODUCED BY M/S SAI LIQUORS FROM THEIR COMPANY VIDE LETTER DATED 9.1.2007 IS WRONG AND FURTHER STATED THAT THEIR AD MIN OFFICE AS CLAIMED BY M/S SAI LIQUORS IS NO LONGER SITUATED IN THE LET TER PRODUCED BEFORE THE APPELLATE AUTHORITY. IT WAS ALSO STATED THAT T HEY DO NOT HAVE ANY PERSON BY NAME SURESH WORKING IN THEIR HYDERABAD OF FICE (SURESH IS THE PERSON WHO SIGNED THE CONFIRMATORY OF M/S INDIA BREWERIES & DISTILLERIES LTD.) UNDER THE ABOVE FACTS AND CIRCUM STANCES OF THE CASE, IT IS VERY CLEAR THAT THE CONFIRMATION LETTER IN RE SPECT OF M/S INDIA BREWERIES & DISTILLERIES LTD, HYDERABAD DATED 9.1.2 007 IS NOT GENUINE ONE AND WE CONFIRM THE ORDER OF AUTHORITIES BELOW. ITA NO.157/B/09 9 (III) M/S AMAR WINERIES, HUMNABAD DURING THE COURSE OF ASST. PROCEEDINGS, A LETTER A DDRESSED BY THE AO TO M/S AMAR WINERIES AND SAME WAS RETURNED B ACK BY THE POSTAL AUTHORITIES WITH A REMARK ADDRESS NOT FOUN D AND RETURNED TO SENDER. HENCE AMOUNT OUTSTANDING IN THE NAME OF M /S AMAR WINERIES IN BOOKS OF ASSESSEE FIRM WAS ADDED TO THE INCOME, ON ACCOUNT OF NON CONFIRMATION OF CREDIT. THEREAFTER, ON APPEAL, CIT (A) CALLED FOR A REMAND REPORT FROM THE AO. AFTER CALLING FOR A REM AND REPORT BY THE CIT, AO DEPUTED AN INSPECTOR TO THE BUSINESS PREMIS ES OF M/S AMAR WINERIES. THE INCOME-TAX INSPECTOR BY HIS ENQUIRY REPORT DT.15.5.2007 HAD SUBMITTED THAT THE BUSINESS PREMISES WERE SEALE D AND LOCKED LONG BACK BY THE EXCISE DEPARTMENT, HUMNABAD. IT IS UND ERSTOOD THAT THE ABOVE BUSINESS FIRM RELATES TO SHIR BABURAO CHINCHA SOOR, EX-MLA AND FURTHER IT IS ASCERTAINED M/S SHAKTI DAL, MILL, HUM NABAD WAS ALSO A CONCERN OF SHRI BABORAO CHINCHANSOOR, WHICH IS NEAR BY M/S AMAR WINERIES AND THE SAME IS ALSO LOCKED. HOWEVER AFTE R ENQUIRY WITH THE SERVANT AVAILABLE FOR DAILY MAINTENANCE OF MILL, PR ESENT ADDRESS OF SHRI BABURAO CHINCHANSOOR AT GULBARGA WAS OBTAINED . AO WROTE ONE MORE LETTER ADDRESSED TO M/S AMAR WINERIES AND THE SAME HAS BEEN SENT TO HUMNABAD ADDRESS AS WELL AS TO GULBARGA ADD RESS. A LETTER SENT TO GULBARGA ADDRESSED IS SERVED AND A LETTER S ENT TO HUMNABAD IS RETURNED BACK BY THE POSTAL AUTHORITIES WITH A REMA RK OF PARTY OUT OF STATION SENT TO SENDER. THERE IS NO COMPLIANCE B Y SHRI BABURAO ITA NO.157/B/09 10 CHINCHANSOOR. AO HAVING A DOUBT ABOUT GENUINENESS FOR CONFIRMATION LETTER DATED 5.1.07 FILED BEFORE THE CIT(A), GULBAR GA, A LETTER DATED 21.6.2007 HAS BEEN ADDRESSED TO M/S SAI LIQUORS, BI DAR TO PRODUCE MR. SHIVAJI, MANAGER OF M/S AMAR WINERIES WHO HAS S IGNED CONFIRMATION LETTER ON OR BEFORE 29.6.07. SINCE TH ERE WAS NO REPLY FROM ASSESSEE, THE AO HAD MADE ADVERSE REMARK, IN HIS RE MAND REPORT. THE CIT(A) UPHELD THE ADDITION. 8. FROM THE ABOVE FACTS AND CIRCUMSTANCES OF THE CA SE, IT IS VERY CLEAR THAT, THE ASSESSEE FIRM HAS NOT BEEN ABLE TO PROVE CONFIRMATION LETTER DATED 5.1.2007 FROM M/S AMAR WINERIES IS GEN UINE ONE OR NOT. WE ARE OF THE FIRM VIEW IN SPITE OF SUFFICIENT OPPO RTUNITY, ASSESSEE FIRM HAS FAILED TO DISCHARGE ITS BURDEN TO PROVE THE GEN UINENESS OF THE CONFIRMATORY LETTER ISSUED BY M/S M/S AMAR WINERIES . THEREFORE, ADDITION MADE OF RS.2,23,140/- IS CORRECT AND IS IN ACCORDANCE WITH LAW. 9. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS PAR TLY ALLOWED AS INDICATED ABOVE. PRONOUNCED IN THE OPEN COURT ON 20TH NOV, 2009. SD/ SD/ SD/ SD/- -- - SD/ SD/ SD/ SD/- -- - ( (( (A. MOHAN ALANKAMONY A. MOHAN ALANKAMONY A. MOHAN ALANKAMONY A. MOHAN ALANKAMONY) ) ) ) ( ( ( (GEORGE GEORGE K) GEORGE GEORGE K) GEORGE GEORGE K) GEORGE GEORGE K) ACCOUNTANT MEMBER JUDICIAL MEMBER BANGALORE DATED :20/11/09 VMS. ITA NO.157/B/09 11 COPY TO : 1. THE ASSESSEE 2. THE REVENUE 3. THE CIT CONCERNED. 4. THE CIT(A) CONCERNED. 5. DR 6. GF 7. GF, ITAT, NEW DELHI. BY ORDER ASST. REGISTRAR, ITAT, BANGAL ORE.