The ACIT,Range-7, Ahmedabad V. Smt. Rupal M.Shah, Ahmedabad

ITA 1604/AHD/2008

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 5962 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 1 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-06-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 20-05-2010
• Assessment Year: 2005-2006
• Appeal Filed On: 09-05-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR JAYANT JHAVERI
• Assessee Lawyers: B R POPAT
• Keywords: Set aside
• Section: 143(3); 133A; 69B

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD AHMEDABAD A BENCH (BEFORE S/SHRI G.D. AGARWAL, VICE-PRESIDENT AND MUKUL SHRAWAT, JUDICIAL MEMBER) ITA.NO1605/AHD/2008 WITH CO. NO.137/AHD/2008 A.Y.2005-2006 ACIT, CIR.7 AHMEDABAD. VS. SHRI RUPESH K. SHAH (HUF) PROP: M/S.MANGALAM FASHION OPP: JAIN DERASAR, KRISHNA NAGAR, NAVA VADAJ, AHMEDABAD. ITA.NO1603/AHD/2008 WITH CO. NO.135/AHD/2008 A.Y.2005-2006 ACIT, CIR.7 AHMEDABAD. VS. SHRI DINESH K. SHAH PROP: M/S.MANGALAM SILK PALACE OPP: JAIN DERASAR, KRISHNA NAGAR, NAVA VADAJ, AHMEDABAD. ITA.NO.1604/AHD/2008 WITH CO. NO.136/AHD/2008 A.Y.2005-2006 ACIT, CIR.7 AHMEDABAD. VS. SMT. RUPAL M. SHAH PROP: M/S.MANGALAM OPP: JAIN DERASAR, KRISHNA NAGAR, NAVA VADAJ, AHMEDABAD. ITA.NO.1606/AHD/2008 WITH CO. NO.130/AHD/2008 A.Y.2005-2006 ACIT, CIR.7 AHMEDABAD. VS. SHRI KIRITBHAI R. SHAH PROP: M/S.MANGALAM CUT PIECE KENDRA, NAVA VADAJ, AHMEDABAD. (APPELLANT) (RESPONDENT) ITANO1605/AHD/2008 WITH CO. NO.137/AHD/2008 AND SEVEN OTHERS -2- REVENUE BY : DR.JAYANT JHAVERI ASSESSEE BY : SHRI B.R.POPAT O R D E R PER BENCH: THESE ARE REVENUES APPEALS AND THE ASSESSEES CROS S OBJECTIONS AGAINST THE RESPECTIVE ORDERS OF THE CIT (A)-XI, AHMEDABAD ARISING OUT OF THE ORDER OF THE ASSESSING OFFICER PASSED UN DER SECTION 143(3) OF THE INCOME TAX ACT, 1961. SINCE ASSESSEES ARE CONNECTE D AND ISSUES RAISED IN THE APPEALS AND THE COS ARE COMMON, FOR THE SAKE OF CON VENIENCE WE DISPOSE OF ALL THE APPEALS AND THE COS. BY THIS SINGLE ORDER. 2. FIRST WE SHALL TAKE UP THE ITA NO.1605/AHD/2008 FOR ADJUDICATION. IN THIS APPEAL, THE REVENUE HAS RAISED THE FOLLOWING G ROUNDS: 1. THE LD.CIT(A) HAS ERRED IN LAW AND ON FACTS IN DELETING THE ADDITION MADE OF RS.30,02,983/- ON ACCOUNT OF STOCK DIFFERENCE. 2. THE LD.CIT(A) HAS ERRED IN LAW AND ON FACTS IN RESTRICTING THE ADDITION MADE ON ACCOUNT OF CLOSING STOCK OF OUT-DA TED STOCK FROM RS.4,75,000/- TO RS.90,000/-. 3. THE FACTS OF THE CASE ARE THAT THE SURVEY UNDER SECTION 133A OF THE ACT WAS CONDUCTED AT THE BUSINESS PREMISES OF THE ASSES SEE ON 18-3-2005. DURING THE SURVEY, PHYSICAL VERIFICATION OF THE STOCK AVAI LABLE AT THE BUSINESS PREMISES WAS MADE AND IT WAS FOUND THAT THE STOCK AVAILABLE ON 18-3-2005 WAS AMOUNTING TO RS.49,21,905/-. AS PER THE BOOKS OF A CCOUNTS, STOCK ON THE DATE OF SURVEY WAS WORKED OUT AT RS.19,18,922/-. THUS, THERE WAS EXCESS STOCK OF RS.30,02,983/- (RS.49,21,905 MINUS RS.19,18,022/-). NEITHER DURING THE COURSE OF SURVEY NOR DURING THE ASSESSMENT PROCEEDI NGS, THE ASSESSEE WAS ABLE TO EXPLAIN THE DIFFERENCE IN THE CLOSING STOCK AS P ER THE BOOKS OF ACCOUNTS AND THE STOCK WHICH WAS FOUND ON VERIFICATION. THEREFO RE, THE AO MADE ADDITION OF RS.30,02,983/- UNDER SECTION 69B OF THE INCOME TAX ACT. ITANO1605/AHD/2008 WITH CO. NO.137/AHD/2008 AND SEVEN OTHERS -3- 4. ON APPEAL BEFORE THE CIT(A), IT WAS CLAIMED BY T HE ASSESSEE THAT THE INCOME ON ACCOUNT OF DIFFERENCE IN THE STOCK AMOUNT ING TO RS.30,02,983/- IS ALREADY OFFERED BY THE ASSESSEE. IN THIS REGARD, T HE ASSESSEE GAVE THE FOLLOWING WORKING BEFORE THE CIT(A): AN OPERATION OF SURVEY U/S.133A OF THE IT ACT, 196 1 WAS CARRIED OUT AT THE BUSINESS PREMISES OF THE APPELLANT ON 18.3.2005 . 1.2 FINDINGS OF THE SURVEY OPERATIONS ARE SUMMARIZED AS UNDER: A. PHYSICAL STOCK FOUND AS ON THE DATE OF THE SURVEY I.E. ON 18-3-2005 AT SALES PRICE. 57,90,476 LESS: GP AS SUGGESTED BY IT DEPARTMENT 8,68,571 VALUE OF STOCK AT COST 49,21,905 B. STOCK AS PER BOOKS OF ACCOUNTS 19,18,922 C. DIFFERENCE OF STOCK (EXCESS STOCK FOUND) 30,02,983 VALUE OF STOCK AS ON 18.03.2005 AS PER BOOKS A 19,18,922 ADD: PURCHASES DURING 19-3-05 TO 31-3-05 63,361 LESS: COST OF GOODS SOLD DURING 19.3.05 TO 31.3.05 3,01,275 VALUE OF CLOSING STOCK AS PER BOOKS AS ON 31.3.05 16,81,026 ADD: DIFFERENCE OF STOCK (EXCESS STOCK FOUND DURING SURVEY) 30,02,983 VALUE OF CLOSING STOCK AS PER I.T. AS ON 31.3.05 B 46,84,009 LESS: REDN. IN VALUATION ON A/C. OF OUT DATED STOCK (AS PER GROUND NO.2) 5,25,000 VALUE OF CL.STOCK CREDITED IN TRADING A/C. C 41,59,009 THE CIT(A) ACCEPTED THE ASSESSEES CONTENTION AND R ECORDED THE FOLLOWING FINDING: ITANO1605/AHD/2008 WITH CO. NO.137/AHD/2008 AND SEVEN OTHERS -4- 3.2.1 AFTER VERIFYING THE FACTS AND CIRCUMSTANCES OF THE CASE, I FIND THAT THE APPELLANT HAS CLEARLY INCLUDED THE EX CESS STOCK ASCERTAINED ON SURVEY DAY. THE ABOVE STATEMENT IS VERY CLEAR WHICH EXPLAINS THAT THE APPELLANT HAS TAKEN CLOSING STOCK OF RS.46,84,009/- WHICH INCLUDES RS.30,02,983/-. THER EAFTER, THE APPELLANT HAS REDUCED RS.5,25,000/- TOWARDS OUTDATE D STOCK WHICH HAS TO BE DEALT SEPARATELY WHILE LEADING THE NEXT GROUND OF APPEAL. THEREFORE, IN THE LIGHT OF ABOVE DISCUSSIO N, I AM OF THE VIEW THAT THE DEBIT AND CREDIT ENTRY MADE WITH RS.3 0,02,983/- DOES NOT MAKE ANY MATERIAL DIFFERENCE, SINCE THE AB OVE AMOUNT IS VERY MUCH INCLUDED IN RS.46,84,009/- WHICH IS APPEA RING AS CLOSING STOCK. THEREFORE, THE ADDITION MADE AT RS. 30,02,983/- IS DELETED. HENCE, THIS GROUND OF APPEAL IS ALLOWED. 5. THE REVENUE AGGRIEVED WITH THE ORDER OF THE CIT( A)IS IN APPEAL BEFORE US. 6. THE FACTS RELATING TO THE GROUND NO.2 ARE THAT W HILE WORKING OUT THE CLOSING STOCK AS ON 31-3-2005, THE ASSESSEE CLAIMED THE REDUCTION IN THE VALUE OF THE STOCK BY THE SUM OF RS.4,75,000/- ON ACCOUNT OF OUT-DATED STOCK. THE AO DID NOT ACCEPT THE ASSESSEES CONTENTION AND MAD E THE ADDITION OF RS.4,75,000/-. ON APPEAL, THE CIT(A) RESTRICTED T HE CLAIM OF OUTDATED STOCK AT RS.3,85,000/- AND SUSTAINED THE ADDITION OF RS.90,0 00/-. THE REVENUE IS IN APPEAL AGAINST THE RELIEF OF RS.3,85,000/- ALLOWED BY THE CIT(A), WHILE THE ASSESSEE IS IN APPEAL WITH CO AGAINST THE ADDITION OF RS.90,000/- SUSTAINED BY THE CIT(A). 7. AT THE TIME OF HEARING BEFORE US, THE LEARNED DR ARGUED AT LENGTH. HE HAS STATED THAT DURING THE COURSE OF SURVEY UNACCOU NTED STOCK OF RS. RS.30,02,983/- WAS FOUND. AS PER THE SECTION 69B, THE ASSESSEE IS REQUIRED TO EXPLAIN THE SOURCE OF ACQUISITION OF SUCH STOCK AND SINCE THE ASSESSEE FAILED TO EXPLAIN THE SOURCE OF ACQUISITION OF SUCH STOCK, TH E AO RIGHTLY MADE THE ADDITION OF RS.30,02,983/-. ITANO1605/AHD/2008 WITH CO. NO.137/AHD/2008 AND SEVEN OTHERS -5- 8. ON APPEAL, THE CIT(A) WHILE REFERRING TO THE SEC TION 69B JUST ACCEPTED THE ASSESSEES CONTENTION THAT THE ASSESSEE HAS ALR EADY OFFERED INCOME OF RS.30,02,983/-. HE HAS STATED THAT IN THE TRADING ACCOUNT, THE ASSESSEE HAS SHOWN THE DEBIT AS WELL AS CREDIT OF RS.30,02,983/- . THUS, BY SHOWING THE AMOUNT BOTH SIDES OF THE TRADING ACCOUNT, NO INCOME IS OFFERED BY THE ASSESSEE AS CONTENDED BY THE ASSESSEE BEFORE THE CIT(A). HE FURTHER SUBMITTED THAT IF ANY INCOME WAS TO BE OFFERED BY THE ASSESSEE, THE S AME SHOULD HAVE BEEN BY WAY OF CREDIT TO PROFIT AND LOSS ACCOUNT OR BY WAY OF OFFERING THE INCOME IN THE COMPUTATION OF INCOME. IF THE SUM OF RS.30,02,983/ - IS TRANSFERRED FROM TRADING ACCOUNT TO PROFIT AND LOSS ACCOUNT, THE GRO SS PROFIT (GP) OF THE ASSESSEE WOULD CONVERT INTO GROSS LOSS. IN THE TRADING OF S AREES, THERE IS NO QUESTION OF ANY GROSS LOSS. THAT THE AO ACCEPTED THE TRADING A CCOUNT OF THE ASSESSEE BECAUSE ON THE SALE OF RS.77.25 LAKHS, THE GP DISCL OSED WAS RS.23.53 LAKHS. IF THE AMOUNT OF RS.30,02,983/- IS TREATED AS INCOME U NDER SECTION 69B AND EXCLUDED FROM THE TRADING ACCOUNT, THEN THERE WOULD BE GROSS LOSS OF RS.6,77,279/- (RS.30,02,983 MINUS RS.23,35,704/-). HE THEREFORE SUBMITTED THAT THE ORDER OF THE CIT(A) SHOULD BE REVERSED AND THAT OF THE AO BE RESTORED. ON THE OTHER HAND, IT IS CONTENDED BY THE LD. COUNS EL THAT CONTENTION OF THE REVENUE THAT DEBIT AND CREDIT OF RS.30,02,983/- IN THE TRADING ACCOUNT WOULD NULLIFY EACH OTHER IS INCORRECT BECAUSE, THE DEBIT ENTRY OF RS.30,02,983/- BEING PURCHASE IS SET OFF AGAINST CLOSING STOCK AND CREDI T ENTRY OF RS.30,02,983/- IS IN FACT INCOME OFFERED BY THE ASSESSEE. HE FURTHER ST ATED THAT EVEN THE WORKING OF THE EXCESS STOCK BY THE SURVEY AUTHORITIES WAS INCO RRECT AND AT THE TIME OF SURVEY IN THE STATEMENT IT WAS STATED BY THE ASSESS EE THAT THE VALUE OF THE STOCK HAS BEEN TAKEN BY THE OFFICER AT A VERY HIGH FIGURE WHICH IS NOT CORRECT. HOWEVER, DURING THE ASSESSMENT PROCEEDINGS, THE AO HAS TAKEN THE VALUE AS WORKED OUT BY THE SURVEY AUTHORITIES. HE FAIRLY AD MITTED THAT IF THE TRADING ACCOUNT IS RE-CASTED BY EXCLUDING THE INCOME DECLAR ED ON THE ACCOUNT OF EXCESS STOCK, THERE WOULD BE LOSS. HE FURTHER STATED THAT THE ASSESSEE HAS MAINTAINED REGULAR BOOKS OF ACCOUNTS AND THEREFORE, EVEN IF TH ERE IS A LOSS IN THE TRADING ITANO1605/AHD/2008 WITH CO. NO.137/AHD/2008 AND SEVEN OTHERS -6- ACCOUNT, THE SAME WAS RIGHTLY ACCEPTED BY THE AO. HOWEVER, HAS NO SERIOUS OBJECTION IF THE MATTER IS SET ASIDE BACK TO THE FI LE OF THE AO FOR RE-EXAMINATION OF THE TRADING ACCOUNT. WITH REGARD TO THE OUT-DA TED STOCK, IT IS SUBMITTED BY THE LEARNED COUNSEL THAT IN THE SAREES BUSINESS, TH E FASHION CHANGES VERY FAST AND THE SAREES WHICH ARE OF OLD FASHION IS EITHER U NSALEABLE OR IF SALEABLE IT MAY BE SOLD ONLY AT A VERY HEAVY DISCOUNT. THE TOTAL S TOCK DETERMINED BY THE SURVEY AUTHORITIES AT RS.49.21 LAKHS WAS ACCUMULATION OF O LD STOCK OF VARIOUS YEARS. THAT THE SURVEY AUTHORITIES HAVE VALUED THE STOCK A T THE TAG PRICE I.E. PRICE WHICH IS QUOTED TO THE CUSTOMER WHILE SELLING THE G OODS, BUT THE SAREES OF OLD FASHION ARE TO BE SOLD AT A VERY HIGH DISCOUNT. HE FURTHER STATED THAT THE ASSESSEE HAS PREPARED THE LIST OF SUCH OUT-DATED ST OCK, BUT THE AO DID NOT ASK THE ASSESSEE TO FURNISH SUCH LIST, AND THEREFORE, T HE SAME COULD NOT BE PRODUCED BEFORE THE AO. HE ALSO STATED THAT CONSIDERING THE TOTAL STOCK OF RS.49.21 LAKHS AS WORKED OUT BY THE SURVEY AUTHORITIES, THE LOSS O N ACCOUNT OF OUT-DATED STOCK CLAIMED AT RS.4,75,000/- IS QUITE REASONABLE AND TH E SAME SHOULD BE ALLOWED AND THE CIT(A) WAS NOT JUSTIFIED IN SUSTAINING THE ADDITION OF RS.90,000/-. THE SAME SHOULD BE DELETED. 9. WE HAVE CONSIDERED THE ARGUMENTS OF BOTH THE SID ES AND PERUSED THE MATERIAL PLACED BEFORE US. THE TRADING ACCOUNT, PR OFIT AND LOSS ACCOUNT FOR THE YEAR UNDER CONSIDERATION OF THE ASSESSEE READS AS U NDER: TRADING, PROFIT & LOSS ACCOUNT FOR THE YEAR ENDED ON 31/03/2005 PARTICULARS AMOUNT PARTICULARS AMOUNT TO OPENING STOCK 768440.00 BY SALES 7725409.00 TO PURCHASES 8781354.85 LESS:RETURN 90113.00 8691241.85 BY CLOSING STOCK 4159009.00 TO VALUE OF STOCK DECLARED DURING I.T.SURVEY HELD ON 17-3-05 & 18-3-05 3002983.00 BY VALUE OF STOCK DECLARED DURING THE I.T. SURVEY 3002983.00 TO DIRECT EXPS.: FREIGHT, OCTROI, POSTAGE 89032.00 TO GROSS PROFIT 2335704.15 TO ADMINISTRATIVE EXPS. BY GROSS PROFIT 2335704.15 SALARY 305720.00 BY VATAV/ KASAR 37444.91 BONUS 43725.00 ELEC. EXPS. 67754.00 ITANO1605/AHD/2008 WITH CO. NO.137/AHD/2008 AND SEVEN OTHERS -7- ACCOUNTING CHARGES 7500.00 AC REPAIRING EXPS. 350.00 AUDIT FEES 5500.00 BANK CHARGES 7410.00 INSURANCE 7410.00 PROFESSIONAL FEES 8200.00 PROFESSIONAL TAX 1000.00 ROLL POLI. EXPS. 130.00 STATIONERY & PRINTING EXPS. 11600.00 STAFF WARE EXPS. 11056.00 TEA & COFFEE EXPS. 1185.00 TO SELLING EXPS. PACKING EXPS. 51624.00 SALES TAX 119884.00 FROM THE ABOVE, IT IS EVIDENT THAT THE ASSESSEE HAS SHOWN SUM OF RS.30,02,983/- AT BOTH SIDES OF THE TRADING ACCOUNT. IT IS FURTHE R CONTENDED BY THE LEARNED COUNSEL THAT THE SUM OF RS.30,02,983/- HAS BEEN INC LUDED IN THE CLOSING STOCK ALSO. THE WORKING OF THE CLOSING GIVEN BY THE ASSE SSEE IS AS UNDER: BOOK STOCK AS ON 18.3.2005 PHYSICAL STOCK AS ON 18-3- 2005 DIFFERENCE (EXCESS STOCK FOUND BOOK STOCK AS ON 31.03.05 NET OF EXCESS STOCK ADD: EXCESS STOCK FOUND BALANCE LESS: OUTDATED STOCK CLOSING STOCK 19,18,922 49,21,905 30,02,983 16,81,026 30,02,983 46,84,009 5,25,000 41,59, 009 10. FROM THE ABOVE, IT IS EVIDENT THAT WHILE DETERM INING THE CLOSING STOCK, THE ASSESSEE HAS TAKEN INTO ACCOUNT THE EXCESS STOC K FOUND AT THE TIME OF SURVEY. THEREFORE, THE CONTENTION OF THE ASSESSEE THAT A SUM OF RS.30,02,983/- SHOWN AT THE PURCHASE SIDE IS OF SET OFF OF BY THE CLOSING STOCK IS CORRECT. HOWEVER, IN OUR OPINION, THE INCOME FOR THE EXCESS STOCK FOUND DURING THE SURVEY AND REMAINED UNEXPLAINED IS TO BE DISCLOSED IN THE PROFIT AND LOSS ACCOUNT AND NOT IN THE TRADING ACCOUNT. WE, THEREF ORE, ACCEPT THE CONTENTION OF THE LEARNED DR THAT THE TRADING ACCOUNT OF THE ASSE SSEE IS REQUIRED TO BE RE- CASTED BY EXCLUDING A SUM OF RS.30,02,983/-. WHEN T HIS AMOUNT OF RS.30,02,983/- CREDITED TO THE TRADING ACCOUNT IS E XCLUDED AND CREDITED AS INCOME UNDER SECTION 69B, THE GP DISCLOSED IN THE T RADING ACCOUNT WOULD RESULT IN LOSS OF RS.6,67,279/- . THIS WOULD CERTA INLY REQUIRE VERIFICATION AS TO HOW THERE CAN BE GROSS LOSS IN THE TRADING OF THE S AREES. IN THE ABOVE CIRCUMSTANCES, WE DEEM IT PROPER TO SET ASIDE THE O RDER OF THE AUTHORITIES BELOW ITANO1605/AHD/2008 WITH CO. NO.137/AHD/2008 AND SEVEN OTHERS -8- AND RESTORE THE MATTER BACK TO THE FILE OF AO. WE DIRECT THE AO TO TREAT THE SUM OF RS.30,02,983/- CREDITED BY THE ASSESSEE IN T HE TRADING ACCOUNT AS INCOME DISCLOSED UNDER SECTION 69B AND THEREFORE NO SEPARA TE ADDITION FOR THE ADDITION UNDER SECTION 69B IS REQUIRED TO BE MADE. HOWEVER, THEN THE RESULTING POSITION OF TRADING ACCOUNT WOULD BE GROSS LOSS OF RS.6,67,2 79/-. THE AO WILL EXAMINE THE ASSESSEES TRADING ACCOUNT AND WILL ADJUDICATE WHETHER THE SAID GROSS LOSS DISCLOSED IN THE TRADING ACCOUNT OF THE SAREES IS T O BE ACCEPTED OR THE PROPER INCOME IS TO BE DETERMINED IN THIS REGARD. WITH RE GARD TO THE ASSESSEES CLAIM OF OUTDATED STOCK, WE ARE OF THE OPINION THAT IN TH E SAREES BUSINESS, POSSIBILITY OF STOCK BEING OUTDATED CANNOT BE RULED OUT. HOWE VER, WHAT IS THE QUANTUM OF SUCH OUTDATED STOCK WOULD REQUIRE VERIFICATION. IT IS STATED BY THE LEARNED COUNSEL THAT THE ASSESSEE HAS DETAILS OF OUTDATED S TOCK BUT THE SAME WAS NOT FURNISHED BEFORE THE AO, BECAUSE, HE DID NOT ASK FO R THE DETAILS OF SUCH STOCK. SINCE, WE HAVE ALREADY SET ASIDE THE MATTER BACK TO THE FILE OF THE AO FOR DETERMINING THE INCOME/LOSS FROM THE TRADING BUSINE SS, IN OUR OPINION, IT WOULD MEET ENDS OF JUSTICE IF THE ISSUE OF OUTDATED STOCK IS ALSO SET ASIDE TO THE FILE OF THE AO. WE DIRECT HIM TO ALLOW ADEQUATE OPPORTUNIT Y TO THE ASSESSEE TO PRODUCE ALL THE DETAILS/EXPLANATION IN THIS REGARD AND THEREAFTER RE-ADJUDICATE MATTER. 11. WE SHALL NOW TAKE UP THE REMAINING APPEALS AND CROSS-OBJECTIONS. THE FACTS IN ALL THESE APPEALS/COS. ARE IDENTICAL EXCEP T DIFFERENCES IN THE QUANTUM OF ADDITIONS FOR CLOSING STOCK AS WELL AS OUTDATED STOCK. BOTH PARTIES AGREED THAT SINCE THE FACTS IN ALL THE APPEALS/COS. ARE ID ENTICAL, THEIR ARGUMENTS IN ITA NO.165/AHD/2997 AND CO NO.137/AHD/2008 WILL HOLD GO OD IN RESPECT OF OTHER APPEALS/COS. WE HAVE ALREADY ADJUDICATED THE APPEA L IN ITA NO.1605/AHD/2008 AND CO. NO.137/AHD/2008. FOR THE DETAILED DISCUSSION IN PARA-2 TO 10, WE SET ASIDE THE ORDERS OF THE AUTHOR ITIES BELOW IN RESPECT OF THE GROUND RAISED IN THE REVENUES APPEALS AS WELL AS T HE ASSESSEES COS AND ITANO1605/AHD/2008 WITH CO. NO.137/AHD/2008 AND SEVEN OTHERS -9- RESTORE THE SAME TO THE FILE OF THE ASSESSING OFFIC ER TO BE ADJUDICATED AS PER OUR DIRECTION ABOVE IN PARA-10. 13. IN THE RESULT, THE REVENUES APPEALS AND THE AS SESSEES COS ARE DEEMED TO BE ALLOWED FOR THE STATISTICAL PURPOSE. ORDER PRONOUNCED IN OPEN COURT ON 11 TH JUNE, 2010. SD/- SD/- (MUKUL SHRAWAT) JUDICIAL MEMBER (G.D. AGARWAL) VICE-PRESIDENT PLACE : AHMEDABAD DATE : 11-06-2010 VK* COPY OF THE ORDER FORWARDED TO: 1) : APPELLANT 2) : RESPONDENT 3) : CIT(A) 4) : CIT CONCERNED 5) : DR, ITAT. BY ORDER AR, ITAT, AHMEDABAD