Adani Gas Ltd., Ahmedabad V. The Dy. CIT., Circle-1(1)(2), Ahmedabad

ITA 1637/AHD/2018

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 2323 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 5 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-12-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2015-2016
• Appeal Filed On: 06-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: BIREN V. SHAH
• Keywords: Depreciation; Earning of tax free income; Rule 8D
• Section: 143(3); 14A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER& MS. MADHUMITA ROY, JUDICIAL MEMBER I.T.A. NO. 1637/AHD/2018 (ASSESSMENT YEAR: 2015-16) ADANI GAS LTD. 1, ADANI HOUSE, NR. MITHAKHALI CIRCLE, NAVRANGPURA, AHMEDABAD-380009 VS. DCIT CIR. 1(1)(2) AHMEDABAD [ PAN NO. AAF CA3 788 D ] ( APPELLANT ) .. ( RESPONDENT ) APPELLANT BY : SHRI BIREN V. SHAH, AR RESPONDENT BY : SHRI SATISH SOLANKI, SR. D.R. DATE OF HEARING 27.09.2019 DATE OF PRONOUNCEMENT 06.12.2019 O R D E R PER MS. MADHUMITA ROY - JM: THE INSTANT APPEAL FILED BY THE ASSESSEE IS DIRECTE D AGAINST THE ORDER DATED 29.05.2018 PASSED BY THE COMMISSIONER OF INCO ME TAX (APPEALS) 1, AHMEDABAD UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED AS TO THE ACT) ARISING OUT OF THE ORDER DATED 15.12.2017 PASSED BY THE DCIT, CRICLE-1(1)(2), AHME DABAD FOR ASSESSMENT YEAR 2015-16. 2. THE FIRST ISSUE RELATES TO DISALLOWANCE OF RS. 1 ,36,00,477/- ON ACCOUNT OF DEPRECIATION ON GOODWILL ARISING ON DEMERGER OF ADANI ENERGY LTD. FROM ITA NO.1637/AHD/2018 ADANI GAS LTD. VS. DCIT ASST.YEAR 2015-16 - 2 - APPELLANT ON THE GROUND THAT SINCE AS PER ORDER OF HONBLE GUJARAT HIGH COURT DATED 09.12.2009, APPOINTED DATE OF DEMERGER IS 01.01.2007, DEPRECIATION ON GOODWILL OUGHT TO HAVE BEEN CLAIMED FROM APPOINTED DATE I.E. A.Y. 2007-08 AND NOT FROM EFFECTIVE DATE I.E. A.Y. 2010-11. THE LD. ASSESSING OFFICER MAY BE DIRECTED TO ALLOW FULL DEP RECIATION ON GOODWILL AMOUNTING TO RS. 2,35,25,149/- AS CLAIMED IN RETURN OF INCOME AS THE PRAYER MADE BY THE ASSESSEE. 3. AT THE TIME OF THE HEARING OF THE INSTANT APPEA L THE LD. AR SUBMITTED BEFORE US THAT THE ISSUE IS SQUARELY COVERED BY THE JUDGMENT PASSED BY THE CO-ORDINATE BENCH IN ITA NO. 1806/AHD/2017 COPY WHE REOF HAS BEEN SUBMITTED BEFORE US. 4. THE LD. DR FAILED TO CONTROVERT SUCH CONTENTION MADE BY THE LD. AR. HEARD THE PARTIES, PERUSED THE RELEVANT MATERIAL A VAILABLE ON RECORD INCLUDING THE ORDER PASSED BY THE HONBLE CO-ORDINA TE BENCH THE RELEVANT PORTION WHEREOF IS AS FOLLOWS:- 7. DURING THE COURSE OF ASSESSMENT ON PERUSAL OF D EPRECIATION CHART ANNEXED WITH THE AUDIT REPORT THE AO NOTICED THAT A SSESSEE HAS CLAIMED DEPRECIATION ON GOODWILL @ 25% TO THE AMOUNT OF RS. 3,13,66,865/- W.D.V. OF RS. 12,54,67,458/-. ON QUERY THE ASSESSEE EXPLAIN ED THAT THE ASSESSEE COMPANY WAS A RESULTANT COMPANY OUT OF THE DEMERGER OF ADANI ENERGY LTD. THE HONBLE HIGH COURT OF GUJARAT APPROVED THE SCHE ME OF DEMERGER AND ORDERED APPOINTED DATE AS 01.01.2007. MEANING THAT THE SCHEME OF DEMERGER WAS EFFECTIVE FROM APPOINTED DATE, THEREFORE, DEPRE CIATION ON GOODWILL WAS REQUIRED TO BE ALLOWED FROM A.Y. 2007-08 INSTEAD OF A.Y. 2010-11. THE ASSESSEE HAS EXPLAINED THAT HONBLE GUJARAT HIGH CO URT HAS SANCTIONED THE SCHEME OF DEMERGER OF GAS DISTRIBUTION BUSINESS OF ADANI ENERGY LTD. IN TO THE ASSESSEE COMPANY VIDE ORDER DATED 09.12.2009. IT W AS FURTHER SUBMITTED THAT HONBLE GUJARAT HIGH COURT HAS APPROVED THE APPOINT ED DATE OF 01.01.2007 AS MENTIONED IN THE SCHEME OF DEMERGER AND THE ORDE R WAS PASSED ONLY IN ITA NO.1637/AHD/2018 ADANI GAS LTD. VS. DCIT ASST.YEAR 2015-16 - 3 - F.Y. 2009-10. IT IS FURTHER SUBMITTED THAT THE TRA NSFER OF ASSETS AND LIABILITY FROM THE DEMERGED COMPANY TO THE ASSESSEE COMPANY TOOK PLACE IN A.Y. 2010-11 AND GOODWILL WAS RECOGNISED IN ASSESSEES B OOKS OF ACCOUNT IN A.Y. 2010-11. THEREFORE, DEPRECIATION CANNOT BE CLAIMED ON THE SAME FROM A.Y. 2007-08 WHEN THE ASSET ITSELF WAS CREATED IN A.Y. 2 010-11. THE AO HAS NOT ACCEPTED THE EXPLANATION OF THE ASSESSEE. HE WAS O F THE VIEW THAT HONBLE HIGH COURT OF GUJARAT HAS APPROVED THE SCHEME OF DE MERGER AND ORDER APPOINTED DATE AS 01.01.2007. THEREFORE, THE CLAIM OF DEPRECIATION ON GOODWILL TO THE AMOUNT OF RS. 1,81,33,969/- WAS DIS ALLOWED AND ADDED TO THE TOTAL INCOME OF THE ASSESSEE. 8. AGGRIEVED ASSESSEE HAS FILED BEFORE LD. CIT(A). THE LD. CIT(A) HAS DISMISSED THE APPEAL OF THE ASSESSEE. 9. DURING THE COURSE OF APPELLATE PROCEEDING BEFORE US THE LD. COUNSEL HAS BROUGHT TO OUR NOTICE THAT CO-ORDINATE BENCH OF THE ITAT HAS ADJUDICATED THE IDENTICAL ISSUE ON IDENTICAL FACT IN FAVOUR OF THE ASSESSEE IN THE CASE OF THE ASSESSEE ITSELF VIDE ITA NO. 775/AHD/2014 2346 AND 2979/AHD/2015 FOR A.Y. 2009-10 TO A.Y. 2013-14. THEREFORE, THE LD. CIT(A) IS NOT JUSTIFIED IN SUSTAINING THE DISALLOWANCE MADE BY THE AO. ON THE OTHER SIDE LD. DR HAS SUPPORTED THE DECISION OF THE LOWER AUTHORITIES. 10. WE HAVE HEARD BOTH THE SIDES AND PERUSED THE MA TERIAL ON RECORD. WITH THE ASSISTANCE OF THE LD. REPRESENTATIVE WE HA VE GONE THROUGH THE AFORESAID DECISION OF THE CO-ORDINATE BENCH OF THE ITAT AND NOTICED THAT THE SIMILAR ISSUE ON IDENTICAL FACT HAS BEEN DECIDED IN FAVOUR OF THE ASSESSEE. THE RELEVANT PART OF THE DECISION IS REPRODUCED AS UNDE R:- 21. WE SHALL NOW ADVERT TO THE ADDITIONAL GROUND R AISED BY ASSESSEE AS ADJUNCT TO ITS CROSS OBJECTION. THE LEARNED AR SUBMITTED THAT THE ADDITIONAL GROUND RAISED BY T HE ASSESSEE IN ITS CROSS OBJECTION CONCERNS ELIGIBILIT Y OF DEPRECIATION OF GOODWILL ARISING ON DEMERGER. THE LEARNED AR SUBMITTED THAT ADDITIONAL GROUND CONCERN ING THE ISSUE DOES NOT REQUIRE ANY FRESH INVESTIGATION OF FACTS AND THEREFORE URGED FOR ADMISSION OF THE SAME IN TH E LIGHT OF THE DECISION OF HONBLE SUPREME COURT IN THE CAS E OF NATIONAL THERMAL POWER COMPANY LTD. VS. CIT (1998) 229 ITR 383 (SC): CIT VS. SINHGAD TECHNICAL EDUCATION SOCIETY [2017] 84 TAXMANN.COM 290 (SC). ELABORATIN G FURTHER, THE LEARNED AR REFERRED PARA 7 OF PAGE NO. 33 TO THE ASSESSMENT ORDER PASSED UNDER S. 143(3) OF THE ACT CONCERNING AY 2012-13 AND SUBMITTED THAT THE CONTRO VERSY HAS ARISEN BECAUSE THE SCHEME OF THE DEMERGER WAS ITA NO.1637/AHD/2018 ADANI GAS LTD. VS. DCIT ASST.YEAR 2015-16 - 4 - SANCTIONED BY THE ORDER OF THE HONBLE GUJARAT HIGH COURT VIDE ITS ORDER DATED 09.12.2009 W.E.F. THE AP POINTED DATE OF 01.01.2007 AS MENTIONED IN THE DRAFT SCHEME OF DEMERGER. THE SANCTION WAS ACCORDED BY THE HONBLE HIGH COURT IN FY 2009-10 I.E. AY 2010-11. THE ASSE SSEE CLAIMED DEPRECIATION ON THE GOODWILL ARISING ON THE DEMERGER IN THE AY 2010-11 AS THE ORDER WAS RECEIVE D IN FY 2009-10 RELEVANT TO AY 2010-11, THE AO HOWEVER COMPLIED DEPRECIATION ON GOODWILL GENERATED AS A RE SULT OF THE DEMERGER (RS.33.98 CRORE) W.E.F. FY 2006-07 I.E. AY 2007-08 AND CONSEQUENTLY, CALCULATED THE WDV OF THE GOODWILL GENERATED NOTIONALLY AFTER REDUCING THE DEPRECIATION OF THE EACH YEAR STARTING FROM AY 2006 -07. THUS, WHEREAS THE ASSESSEE HAS CLAIMED DEPRECIATION FOR THE FIRST TIME IN FY 2009-10 RELEVANT TO AY 2010-11 ON THE AMOUNT OF GOODWILL GENERATED, THE AO ALLOWED THE DEPRECIATION AFTER REDUCING THE DEPRECIATION FOR AY 2006- 07 AND 2007-08. CONSEQUENTLY, THE DEPRECIATION ON GOODWILL WAS ALLOWED AT RS.5,57,63,315/- AS AGAINST CLAIM OF DEPRECIATION OF RS.8,80,01,481/- CLAIMED BY THE ASSESSEE, THE AO THEREBY DISALLOWED THE REMAINING C LAIM OF GOODWILL AMOUNT OF RS.3,22,38,166/- BY REVISING THE AMOUNT OF GOODWILL CARRIED FORWARD OWING TO NOTIONA L DEPRECIATION IN AY 2006-07 AND 2007-08. THE LEARNE D AR REFERRED TO THE TABULATED STATEMENT WORKED OUT BY T HE AO AS REPRODUCED IN THE ASSESSMENT ORDER CONCERNING AY 2012-13 WHICH IS REPRODUCED HEREUNDER FOR EASY REFE RENCE AND UNDERSTANDING OF THE SUBJECT: PARTICULARS FY 2006 -07 FY 2007 -08 FY 2008 -09 FY 2009 -10 FY 2010 -11 FY 2011-12 GOODWILL GENERATED 339,890,680 297,404,345 223,053,259 167,289,944 125,467,458 94,100,594 DEPRECIATION 42,486,335 74,351,086 55,763,315 41,822,486 31,366,865 23,525,148 CLOSING WDV 297,404,345 223,053,259 167,289,944 125,467,458 94,100,594 70,575,445 21.1 AS STATED ON BEHALF OF THE ASSESSEE, THE ASSES SEE COMPANY WAS FORMED AS A RESULTANT COMPANY OUT OF TH E DEMERGER OF ADANI ENERGY LTD. THE ORDER UNDER S.39 4 OF THE COMPANIES ACT, 1956 WAS PASSED BY THE HONBLE GUJARAT HIGH COURT ON DECEMBER 9, 2009 WHILE THE APPOINTED DATE WAS FIXED AT 01.01.2007 AS PER THE D RAFT SCHEME OF DEMERGER. AS A RESULT OF DEMERGER, THE A SSESSEE COMPANY HAS PAID CERTAIN EXCESS CONSIDERATION TO TH E DEMERGED COMPANY OVER AND ABOVE THE ASSETS ACQUIRED . SUCH EXCESS CONSIDERATION AMOUNTING TO RS.33,98,90, 680/- ITA NO.1637/AHD/2018 ADANI GAS LTD. VS. DCIT ASST.YEAR 2015-16 - 5 - WAS TREATED IN THE NATURE OF GOODWILL BY THE ASSESS EE AS A CAPITAL RIGHT. THE ASSESSEE CLAIMED DEPRECIATION T HEREON FOR THE FIRST TIME IN AY 2010-11 BEING THE YEAR IN WHICH THE ORDER OF THE HONBLE GUJARAT HIGH COURT WAS REC EIVED. CONSEQUENTLY, THE DEPRECIATION OF RS.4,24,86,335/- (BEING 12.5% OF THE VALUE OF GOODWILL AND DEMERGER OF RS.3 3.98 CRORE) WAS CLAIMED IN AY 2010-11. IN THE COURSE O F SCRUTINY ASSESSMENT, HOWEVER, THE AO TOOK A VIEW TH AT DEPRECIATION WAS ALLOWABLE TO THE ASSESSEE ON SUCH GOODWILL FROM THE DATE OF SANCTION OF THE DEMERGER SCHEME FALLING IN AY 2007-08. THE AO ACCORDINGLY RE-DETER MINED THE GROSS BLOCK AND WDV PERTAINING TO DEPRECIATION OF GOODWILL AS A RESULT THE DEPRECIATION FOR AY 2007-0 8, 2008-09 AND 2009-10 WAS ARTIFICIALLY APPLIED WHICH WAS NOT CLAIMED BY THE ASSESSEE AT ALL IN THESE YEARS. THE AO ACCORDINGLY RE-WORKED THE WDV OF THE VARIOUS FYS AS TABULATED ABOVE. 21.2 WE ARE CONCERNED WITH AY 2009-10 IN QUESTION. THE AO HAS ASSUMED DEPRECIATION OF RS.5,57,63,315/- PERTAINING TO THE AFORESAID ASSESSMENT YEAR WHILE R E- DETERMINING THE QUANTUM OF ELIGIBLE DEPRECIATION IN AYS 2010-11, 2011-12. 2012-13 & 2013-14. AS A RESULT O F SUCH RE-DETERMINATION OF ASSESSMENT YEAR DEPRECIATION CLAIMED BY RESPONDENT DEPRECIATION COMPUTED BY AO 2007-08 4,24,86,335/- (BEING 12.5% OF VALUE OF GOODWILL ON DEMERGER I.E. RS.33,98,90,680/-) 2008-09 - 7,43,51,086/- 2009-10 - 5,57,63,315/- 2010-11 4,24,86,335/- (BEING 12.5% OF VALUE OF GOODWILL ON DEMERGER I.E. RS.33,98,90,680/-) 4,18,22,486/- 2011-12 7,43,51,086/- 3,13,66,865/- 2012-13 5,57,63,315/- 2,35,25,148/- 2013-14 4,18,22,486/- 1,76,43,861/- 21.3 THE ASSESSEE IN THE CAPTIONED AY 2009-10 SEEKS CLAIM OF DEPRECIATION ON GOODWILL AMOUNTING TO ITA NO.1637/AHD/2018 ADANI GAS LTD. VS. DCIT ASST.YEAR 2015-16 - 6 - RS.5,57,63,315/- BASED ON THE WORKING OF THE AO ALT HOUGH NOT MADE ANY CLAIM TOWARDS SUCH DEPRECIATION ON GOO DWILL IN THIS YEAR. IT IS THE CASE OF THE ASSESSEE BY WA Y OF ADDITIONAL GROUND THAT THE ELIGIBILITY OF DEPRECIAT ION ON GOODWILL IS NOT IN DISPUTE. THE AO HAS SIMPLY DISP UTED THE QUANTIFICATION OF ELIGIBLE DEPRECIATION SPANNIN G OVER VARIOUS FINANCIAL YEARS ON THE GROUND THAT DEPRECIA TION IS ELIGIBLE FROM THE APPOINTED DATE AS SANCTIONED BY T HE HONBLE GUJARAT HIGH COURT. THUS, ON ACCOUNT OF SU CH RE- WORKING, THE ASSESSEE HAS PRESENTED A NEW CLAIM TOW ARDS DEPRECIATION ON GOODWILL IN THE IMPUGNED AY 2009-10 ON THE GROUND THAT ALL THE RELEVANT FACTS ARE AVAILABL E ON RECORD WHICH ARE DULY ADMITTED BY THE REVENUE. THEREFORE, THE ASSESSEE CANNOT BE DEPRIVED OF THE E LIGIBLE DEPRECIATION AS COMPUTED BY THE AO HIMSELF CONCERNI NG AY 2009-10. 21.4 A LEGAL ISSUE ALSO CROPPED UP IN THE COURSE OF HEARING AS TO WHETHER ADDITIONAL GROUND COULD BE RA ISED IN A CROSS OBJECTION FILED BY THE ASSESSEE UNDER S. 253(4) OF THE ACT. ON BEING ENQUIRED ON THIS ASPECT OF THE M ATTER, IT WAS SUBMITTED ON BEHALF OF THE ASSESSEE THAT THERE IS NO PERCEPTIBLE DISTINCTION BETWEEN THE POSITION OF LAW QUA CROSS OBJECTION IN THE MATTER OF FILING ADDITIONAL GROUND. IT WAS SUBMITTED THAT A CROSS OBJECTION HAS ALL THE TRAPPINGS OF A REGULAR APPEAL MORE SO IN THE LIGHT OF LANGUAGE EMPLOYED UNDER S.253(4) OF THE ACT. 21.5 WE FIND OURSELVES IN AGREEMENT WITH THE PROPOSITIONS MADE ON BEHALF OF THE ASSESSEE THAT IN A CROSS OBJECTION, THERE IS NO BAR TO RAISE LEGAL ISSUES FO R THE FIRST TIME BEFORE ITAT. A CROSS OBJECTION IS LIKE AN APP EAL. IT HAS ALL THE TRAPPINGS OF AN APPEAL. IT IS FILED IN THE FORM OF MEMORANDUM AND IT IS REQUIRED TO BE DISPOSED IN SAME MANNER AS AN APPEAL. EVEN WHERE THE APPEAL IS WITH DRAWN OR DISMISSED FOR DEFAULT, CROSS OBJECTION MAY NEVER THELESS BE HEARD AND DETERMINED. CROSS OBJECTION IS NOTHIN G BUT AN APPEAL, A CROSS APPEAL AT THAT. THIS APART, RAI SING OF ADDITIONAL GROUND WOULD ONLY ENABLE THE AUTHORITY C ONCERN TO CORRECTLY ASSESS THE TAX LIABILITY OF THE ASSESS EE. SIMILAR VIEW HAS BEEN EXPRESSED BY THE CO-ORDINATE BENCH IN THE CASE OF ITO VS. JASJIT SINGH (DEL) IN CROSS OBJECTION NOS. 138 TO 142/DEL/2014 INTERIM ORDER DATED 23.09. 2014. WE THUS DO NOT SEE ANY IMPEDIMENT IN ENTERTAINING T HE ADDITIONAL GROUNDS. THE RELEVANT FACTS ARE AVAILABL E ON RECORD. ITA NO.1637/AHD/2018 ADANI GAS LTD. VS. DCIT ASST.YEAR 2015-16 - 7 - 21.6 IN SO FAR AS THE MERITS OF THE CLAIM MADE IN ADDITIONAL GROUND IS CONCERNED, WE OBSERVE THAT WHE RE THE AO HAS READJUSTED THE QUANTUM OF DEPRECIATION IN TH E SUBSEQUENT ASSESSMENT YEAR, THE ASSESSEE IS WITHIN ITS LEGITIMATE RIGHTS TO BE GRANTED DEPRECIATION IN AY 2009-10 AS PER THE FIGURES WORKED BY THE AO HIMSELF. WE DO NOT SEE ANY PERCEPTIBLE REASON FOR NOT ADMITTING SUCH C LAIM OF THE ASSESSEE. WE ALSO FIND BONAFIDES IN THE PLEA O F THE ASSESSEE FOR RAISING NEW CLAIM ON ACCOUNT OF DEPREC IATION BY WAY OF ADDITIONAL GROUND AT THIS BELATED STAGE. THE ORDER FOR THE AY 2012-13 WAS PASSED ON 29.03.2015. BY VIRTUE OF THIS ORDER, THE ASSESSEE CAME TO KNOW ABO UT THE REVISION IN THE CLAIM OF DEPRECIATION CONCERNING AY 2012- 13. BY THAT TIME, THE ORDER OF THE CIT(A) DATED 13.12.2013 WAS ALREADY PASSED. THEREFORE, THE ASSE SSEE WAS INCAPACITATED TO PUT FORWARD SUCH NEW CLAIM TOW ARDS DEPRECIATION ON GOODWILL AMOUNTING TO RS.5,57,63,31 5/- FOR WHICH RELEVANT FACTS ARE DULY AVAILABLE ON RECO RD IN THE LIGHT OF THE DECISION OF HONBLE SUPREME COURT IN THE CASE OF GOETZE (INDIA) LTD. VS. CIT [2006] 284 ITR 323 (SC) & NTPC VS. CIT 229 ITR 383 (SC). RESPECTFULLY, FOLLOWING THE DECISION OF THE CO-ORD INATE BENCH AS CITED IN THIS ORDER THE APPEAL OF THE ASSESSEE ON THIS IS SUE IS ALLOWED. IN THE ABSENCE OF ANY CHANGED CIRCUMSTANCES RESPECT FULLY RELIANCE UPON THE SAME WE ALLOW THE CLAIM OF THE ASSESSEE AN D THE ADDITION IS, THEREFORE, DELETED. THIS GROUND OF APPEAL IS THUS ALLOWED. 5. THE GROUNDS OF APPEAL RELATES TO DISALLOWANCE UN DER SECTION 14A RULE 8D OF THE ACT. THIS ISSUE IS ALSO COVERED BY THIS JUDGMENT PASSED IN ITA NO. 1806/AHD/2017 PASSED BY THE CO-ORDINATE BEN CH IN ASSESSEES OWN CASE. THE RELEVANT PORTION WHEREOF IS AS FOLLO WS:- 11. THE MAJOR PART OF THE DISALLOWANCE MADE U/S. 1 4A R.W.R 8D IS PERTAINED TO DISALLOWANCE OF ADMINISTRATIVE EXPENDI TURE INCURRED TOWARDS EARNING EXEMPT INCOME. THE LD. CIT(A) HAS RESTRICT ED THE DISALLOWANCE TO THE AMOUNT OF RS. 2,74,658/-. AFTER PERUSAL OF THE MAT ERIAL ON RECORD WE OBSERVE ITA NO.1637/AHD/2018 ADANI GAS LTD. VS. DCIT ASST.YEAR 2015-16 - 8 - THAT IT IS NOT POSSIBLE TO EARN HUGE VOLUME OF EXEM PT INCOME WITHOUT INCURRING ADMINISTRATIVE EXPENSES, THEREFORE, WE DO NOT FIND ANY UNREASONABLENESS AND INFIRMITY IN THE DECISION OF LD. CIT(A). ACCORDING LY, THE APPEAL OF THE ASSESSEE ON THIS ISSUE IS DISMISSED. IN THE ABSENCE OF ANY CHANGED CIRCUMSTANCES WE FIND NO REASON TO DEVIATE SUCH FINDING OF THE HONBLE CO-ORDINATE BEN CH. HENCE, RESPECTFULLY RELYING UPON THE SAME WE DELETE THE ADDITION MADE B Y THE AUTHORITIES BELOW. ASSESSEES APPEAL IS THUS ALLOWED. 4. IN THE RESULT, THE ASSESSEES APPEAL IS ALLOWED. THIS ORDER PRONOUNCED IN OPEN COURT ON 06/12/2019 SD/- SD/- (WASEEM AHMED) (MS. MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 06/12/2019 TANMAY, SR. PS TRUE COPY / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A)- 5. , ! ' , #$%% / DR, ITAT, AHMEDABAD 6. &' () / GUARD FILE. / BY ORDER, / (DY./ASSTT. REGISTRAR) !, #$ / ITAT, AHMEDABAD 1. DATE OF DICTATION 22.11.2019 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 26.11.2019 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S 27.11.2019 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT .11.2019 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S .11.2019 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 06.12.2019 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER