FAMILY PLASTICS AND THERMOWARE, MUMBAI V. D.C.I.T. 20(3), MUMBAI

ITA 1691/MUM/2011

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 3198 (ITAT-MUMBAI)
• Duration Of Justice: 5 year(s) 3 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-06-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 2007-2008
• Appeal Filed On: 01-03-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Recovery proceedings; Opportunity of being heard
• Section: 234B

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH F, MUMBAI BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI SANJAY GARG, JUDICIAL MEMBER ITA NO.1691/M/2011 ASSESSMENT YEAR: 2007-08 M/S. FAMILY PLASTICS & THERMOWARE, 4 RADHA APARTMENTS, TELLI GALLI, ANDHERI (E), MUMBAI 400 069 PAN: AAAFF4968L VS. DY. COMMISSIONER OF INCOME TAX 20(3), MUMBAI (APPELLANT) (RESPONDENT) PRESENT FOR: ASSESSEE BY : SHRI K. GOPAL, A.R. REVENUE BY : SHRI SENTHIL KUMARAN, D.R. DATE OF HEARING : 06.06.2016 DATE OF PRONOUNCEMENT : 15.06.2016 O R D E R PER SANJAY GARG, JUDICIAL MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE ASSES SEE AGAINST THE ORDER DATED 03.11.2010 OF THE COMMISSIONER OF INCOME TAX (APPEALS) [HEREINAFTER REFERRED TO AS THE CIT(A)] RELEVANT TO ASSESSMENT Y EAR 2007-08. 2. THE ASSESSEE THROUGH ITS GROUNDS OF APPEAL HAS R AISED THREE EFFECTIVE ISSUES. THE FIRST ISSUE IS RELATING TO THE DISALLO WANCE UNDER SECTION 40(A)(IA) ON ACCOUNT OF FREIGHT AND FORWARDING CHARGES PAID TO F OREIGN SHIPPING COMPANIES. 3. THE BRIEF FACTS RELATING TO THE ISSUE UNDER CONS IDERATION ARE THAT THE ASSESSEE A PARTNERSHIP FIRM, IS ENGAGED IN THE BUSI NESS OF MANUFACTURING OF HOUSEHOLD PLASTIC GOODS AND MARKETS THE SAME IN THE DOMESTIC MARKET AS WELL AS IN THE EXPORT MARKET. DURING THE ASSESSMENT PRO CEEDINGS, THE ASSESSING OFFICER (HEREINAFTER REFERRED TO AS THE AO) OBSERVE D THAT THE ASSESSEE HAD MADE ITA NO.1691/M/2011 M/S. FAMILY PLASTICS & THERMOWARE 2 CERTAIN PAYMENTS OF FREIGHT AND FORWARDING EXPENSES TO THE FOREIGN SHIPPING COMPANIES. THE AO OBSERVED THAT THE ASSESSEE HAD N OT DEDUCTED TAX AT SOURCE ON SUCH PAYMENTS. HE, THEREFORE, DISALLOWED THE FR EIGHT, FORWARDING AND CARRIAGE OUTWARD CHARGES UNDER SECTION 40(A)(IA) OF THE ACT. HE REJECTED THE PLEA OF THE ASSESSEE THAT THE PROVISIONS OF SECTION 40(A)(IA) OF THE ACT WERE NOT APPLICABLE TO THE PAYMENTS MADE TO FOREIGN SHIPPING COMPANIES. HE, WHILE RELYING UPON THE DECISION OF THE HONBLE JURISDICTI ONAL BOMBAY HIGH COURT IN THE CASE OF CIT VS. ORIENT (GOA) PVT. LTD. IN ITA NO.7/2010 REPORTED AT 325 ITR 554 (BOM.) HELD THAT CBDT CIRCULAR NO.723 DATED 19.09.2005 WAS NOT APPLICABLE TO THE PROVISIONS OF SECTION 40(A)(IA) O F THE ACT. 4. IN APPEAL, THE LD. CIT(A) UPHELD THE ABOVE DISAL LOWANCE MADE BY THE AO. THE ASSESSEE, THUS, HAS COME IN APPEAL BEFORE US ON THE SAME ISSUE. 5. AT THE OUTSET, THE LD. A.R. OF THE ASSESSEE HAS BROUGHT OUR ATTENTION TO THE FULL BENCH DECISION OF THE HONBLE JURISDICTION AL BOMBAY HIGH COURT IN THE CASES OF CIT VS. V.S. DEMPO AND CO. P. LTD. A ND SESA GOA LTD. VS. CIT REPORTED IN (2016) 381 ITR 303 (BOM) (FB) VIDE WHIC H THE HONBLE BOMBAY HIGH COURT HAS OVERRULED THE PROPOSITION OF LAW LAI D DOWN IN THE CASE OF CIT VS. ORIENT (GOA) PVT. LTD. (SUPRA). THE FULL BENC H OF THE HONBLE BOMBAY HIGH COURT IN THE CASE OF CIT VS. V.S. DEMPO AND C O. P. LTD. (SUPRA) HAS HELD THAT THERE ARE SPECIAL PROVISIONS FOR COMPUTIN G PROFITS AND GAINS FOR SHIPPING BUSINESS IN THE CASE OF A NON RESIDENT ENA CTED BY SECTION 44B WHICH STIPULATES THAT A SUM EQUAL TO 7 1/2 % OF THE AGGRE GATE AMOUNT SPECIFIED IN SUB SECTION (2) OF SECTION 44B IS DEEMED TO BE PROFIT A ND GAINS OF SUCH BUSINESS CHARGEABLE TO TAX UNDER THE HEAD PROFIT AND GAINS OF BUSINESS OR PROFESSION. THE TAX IS TO BE LEVIED AND RECOVERED IN TERMS OF S UB SECTIONS OF SECTION 172 OF THE ACT. THE HONBLE BOMBAY HIGH COURT HAS OBSERVE D THAT SECTION 172 IS REFERABLE TO SECTION 44B OF THE ACT AND THAT BOTH T HE PROVISIONS OPEN WITH A NON OBSTANTE CLAUSE. WHILE SECTION 44B ENACTS SPEC IAL PROVISION FOR COMPUTING PROFITS AND GAINS OF SHIPPING BUSINESS IN CASE OF N ON RESIDENTS, SECTION 172 ITA NO.1691/M/2011 M/S. FAMILY PLASTICS & THERMOWARE 3 DEALS WITH SHIPPING BUSINESS OF NON RESIDENTS WHICH IS ENACTED FOR THE PURPOSE OF LEVY AND RECOVERY OF TAX IN THE CASE OF ANY SHIP BELONGING TO OR CHARTERED BY A NON RESIDENT OPERATED FROM INDIA. THE FULL BENCH OF THE HONBLE BOMBAY HIGH COURT HAS OBSERVED THAT WHEN SUB SECTIONS OF S ECTION 172 READ ALTOGETHER AND HARMONIOUSLY WITH THE PROVISIONS OF SECTION 44B , THEY REVEAL AS TO HOW THE TAX SHOULD BE LEVIED, COMPUTED, ASSESSED AND RECOVE RED. THE FULL BENCH OF HONBLE BOMBAY HIGH COURT (SUPRA) HELD THAT THERE I S NO WARRANT IN APPLYING THE PROVISIONS OF CHAPTER VII FOR COLLECTION AND RE COVERY OF THE TAX AND ITS DEDUCTION AT SOURCE VIDE SECTION 195 IN CASE OF INC OME OF NON RESIDENT SHIPPING COMPANIES. THE HONBLE BOMBAY HIGH COURT HAS FURTH ER OBSERVED THAT AS PER THE PROVISIONS OF SECTION 172, THE SHIP CANNOT LEAV E THE PORT WITHOUT PAYING OR TO MAKE ARRANGEMENT TO PAY THE TAX, HENCE, THE PREV ENTION OF AVOIDANCE OR EVASION BOTH ARE TAKEN CARE OF BY THE LEGISLATURE W HILE ENACTING THE SAID PROVISIONS. THE FULL BENCH OF THE HONBLE BOMBAY HI GH COURT, THUS, HELD THAT THERE BEING THE SPECIAL PROVISIONS HAVING NON OBSTA NTE CLAUSE IN RELATION TO THE LEVY AND RECOVERY OF TAX IN CASE OF SHIPPING BUSINE SS OF NON RESIDENTS, THE ASSISTANCE CAN BE DERIVED BY THE ASSESSEE IN THIS R ESPECT FOR NON DEDUCTION OF TDS IN CASE OF FOREIGN SHIPPING COMPANIES. THE REL EVANT PART OF THE OBSERVATIONS MADE BY THE FULL BENCH OF THE HONBLE BOMBAY HIGH COURT IN THE CASE OF CIT VS. V.S. DEMPO AND CO. P. LTD. (S UPRA) FOR THE PURPOSE OF READY REFERENCE IS REPRODUCED AS UNDER: 46. A BARE PERUSAL THEREOF WOULD INDICATE AS TO HO W THIS PROVISION COVERS THE CASE OF AN ASSESSEE WHO IS A NON-RESIDENT AND ENGAGED IN THE BUSINESS OF OPERATION OF SHIPS. THAT STIPULATES A SUM EQUAL TO 7% OF THE AG GREGATE OF THE AMOUNT SPECIFIED IN SUB-SECTION (2) OF SECTION 44B AS DEEMED TO BE PROFITS AND GAINS OF SUCH BUSINESS CHARGEABLE TO TAX UNDER THE HEAD 'PROFITS AND GAINS OF BUSINESS OR PROFESSION'. IT IS THE EXPLANATION WHICH REFERS TO THE DEMURRAGE AND F OR THE PURPOSE OF SUB-SECTION (2) OF SRP 62/79 ITXA989.15.DOC SECTION 44B . IT CLARIFIES THAT THE AMOUNT PAID OR PAYABLE OR RECEIVED OR DEEMED TO BE RECEIVED, AS TH E CASE MAY BE, BY WAY OF DEMURRAGE CHARGES OR HANDLING CHARGES OR ANY OTHER AMOUNT OF SIMILAR NATURE SHALL FOR THE PURPOSES OF SUB-SECTION (1) DEEMED TO BE TH E PROFITS AND GAINS OF THE BUSINESS, NAMELY, SHIPPING BUSINESS CHARGEABLE TO T AX UNDER THAT HEAD. THE AMOUNTS WHICH ARE PAID OR PAYABLE WHETHER IN OR OUT OF INDIA TO THE ASSESSEE OR TO ANY PERSON ON HIS BEHALF ON ACCOUNT OF CARRIAGE OF PASSENGERS, LIVESTOCK, MAIL OR GOODS SHIPPED AT A PORT IN INDIA AND THE AMOUNT REC EIVED WAS DEEMED TO BE ITA NO.1691/M/2011 M/S. FAMILY PLASTICS & THERMOWARE 4 RECEIVED IN INDIA BY OR ON BEHALF OF THE ASSESSEE O N ACCOUNT OF THE CARRIAGE OF PASSENGERS, LIVESTOCK, MAIL OR GOODS SHIPPED AT ANY PORT OUTSIDE INDIA SHALL BE DEEMED TO BE THE PROFITS AND GAINS. ON THAT THE TAX IS PAYABLE BY VIRTUE OF SUB- SECTION (1) OF SECTION 172 . THAT HAS TO BE LEVIED AND RECOVERED IN TERMS OF T HE SUB- SECTIONS OF SECTION 172 OF THE INCOME TAX ACT. ONCE SECTION 172 FALLS IN CHAPTER XV TITLED AS LIABILITY IN SPECIAL CASES - PROFITS OF N ON-RESIDENTS, THEN SECTION 172 IS REFERABLE TO SECTION 44B . BOTH PROVISIONS OPEN WITH A NON-OBSTANTE CLAUSE A ND WHEREAS SECTION 44B ENACTS SPECIAL PROVISIONS FOR COMPUTING PROFITS AN D GAINS OF SHIPPING BUSINESS IN CASE OF NON-RESIDENTS SECTION 172 DEALING WITH SHIPPING BUSINESS OF NON-RESIDENTS IS SRP 63/79 ITXA989.15.D OC ENACTED FOR THE PURPOSE OF LEVY AND RECOVERY OF TAX IN THE CASE OF ANY SHIP BE LONGING TO OR CHARTERED BY A NON- RESIDENT OPERATED FROM INDIA. THESE SECTIONS AND PA RTICULARLY SECTION 172 DEVISE A SCHEME FOR LEVY AND RECOVERY OF TAX. THE SUB-SECTIO NS OF SECTION 44B DENOTE AS TO HOW THE AMOUNTS PAID TO OR PAYABLE WOULD INCLUDE DE MURRAGE CHARGES OR HANDLING CHARGES OR ANY OTHER AMOUNT OF SIMILAR NATURE. THE SUB-SECTIONS OF SECTION 172 READ TOGETHER AND HARMONIOUSLY WOULD REVEAL AS TO HOW TH E TAX SHOULD BE LEVIED, COMPUTED, ASSESSED AND RECOVERED. THEREFORE, THERE IS NO WARRANT IN APPLYING THE PROVISIONS IN CHAPTER XVII FOR COLLECTION AND RECOV ERY OF THE TAX AND ITS DEDUCTION AT SOURCE VIDE SECTION 195 . 47. TO OUR MIND, THE DIVISION BENCH JUDGMENT IN COMMISSIONER OF INCOME-TAX VS. ORIENT (GOA) PVT. LTD . SEEN IN THIS LIGHT DOES NOT, WITH GREATEST RESPEC T, TAKE INTO ACCOUNT THE SCHEME AND SETTING AS UNDERSTOOD ABOVE. THERE NEED NOT BE APPREHENSION BECAUSE THERE IS NO ESCAPE FROM THE LE VY AND RECOVERY OF TAX. THE TAX HAS TO BE LEVIED AND COLLECTED. THE SHIP CANNOT LEA VE THE PORT OR IF ALLOWED TO LEAVE ANY PORT IN INDIA, IT MUST EITHER PAY OR MAKE ARRAN GEMENT TO PAY THE TAX. HENCE, THE APPREHENSION OF SRP 64/79 ITXA989.15.DOC AVOIDANCE OR EVASION BOTH ARE TAKEN CARE OF BY THE LEGISLATURE. THAT IS HOW ADVISEDLY THE LEGISLATURE CAST THE OBLIGATION TO DEDUCT TAX AT SOURCE ON THE PERSON RESPONSIBLE T O MAKE PAYMENT TO A NON- RESIDENT IN SHIPPING BUSINESS. 48. THE RESPONDENT-ASSESSEE CONTENDED BEFORE THE DI VISION BENCH IN ORIENT (GOA) (SUPRA) AS WELL AS THE DIVISION BENCH WHICH MADE TH E REFERRING ORDER THAT SECTION 172 OF THE INCOME TAX ACT HAS A BEARING AND AN IMPORTA NT ONE ON THE OBLIGATION TO DEDUCT TAX AT SOURCE. THEREFORE, IT IS THE RECIPIE NT'S POSITION AND THE PERSPECTIVE IN WHICH THE RECIPIENT'S INCOME WOULD BE TAXED WILL HA VE TO BE BORNE IN MIND. THE NON-RESIDENT SHIPPING COMPANY IN RESPECT OF IT'S IN COME WOULD BE IN A POSITION TO RELY UPON SECTION 44B AND CONSEQUENTLY SECTION 172 . HOWEVER, WE DO NOT SEE HOW THERE IS AN OBLIGATION TO DEDUCT TAX AT SOURCE ON T HE RESIDENT ASSESSEE/INDIAN COMPANY BEFORE US. WHILE COMPUTING THE INCOME OF TH E NON-RESIDENT INDIAN / FOREIGN COMPANY, ASSISTANCE CAN BE DERIVED BY SUCH NON-RESIDENTS FROM SECTION 44B IF THEY ARE IN SHIPPING BUSINESS. IT WOULD ALSO BE IN A POSITION TO RELY UPON SECTION 172 BUT THE RESPONSIBILITY OF THE PERSON MAKING PAYMEN T TO A NON- RESIDENT IN SUB-SECTION (1) OF SECTION 195 CANNOT BE SRP 65/79 ITXA989.15.DOC AVOIDED IN THE MANNER SET OUT IN OTHER CASES. THE S CHEME AS ABOVE OPERATES ONLY TO CASES COVERED BY SECTION 172 OF THE IT ACT AND NONE ELSE. 6. SINCE THE DECISION OF THE HONBLE BOMBAY HIGH CO URT IN THE CASE OF CIT VS. ORIENT (GOA) PVT. LTD. (SUPRA) HAS BEEN O VERRULED BY THE FULL BENCH ITA NO.1691/M/2011 M/S. FAMILY PLASTICS & THERMOWARE 5 DECISION IN THE CASE OF CIT VS. V.S. DEMPO AND CO. P. LTD. (SUPRA), HENCE RESPECTFULLY FOLLOWING THE ABOVE DECISION OF THE HO NBLE BOMBAY HIGH COURT, WE DELETE THE DISALLOWANCE MADE BY THE LOWER AUTHOR ITIES FOR NON DEDUCTION OF TDS ON THE AMOUNTS PAID BY THE ASSESSEE TO FOREIGN SHIPPING COMPANY. 7. THE SECOND ISSUE RAISED BY THE ASSESSEE IS RELAT ING TO DISALLOWANCE OF COMMISSION PAYMENT MADE TO M/S. S.G. TRADING COMPAN Y A FOREIGN AGENT. DURING THE ASSESSMENT PROCEEDINGS THE AO OBSERVED T HAT THE ASSESSEE HAD PAID A SUM OF RS.5,31,979/- TO M/S. S.G. TRADING COMPANY , BUT THE ASSESSEE HAS NOT BEEN ABLE TO PROVE THE SERVICES RENDERED BY M/S. S. G. TRADING COMPANY AND FURTHER NEXUS OF SUCH SERVICES WITH THE BUSINESS OF THE ASSESSEE. HE, THEREFORE, HELD THAT THE ASSESSEE HAD FAILED TO PROVE THAT THE ABOVE EXPENDITURE HAD BEEN INCURRED BY THE ASSESSEE WHOLLY AND EXCLUSIVELY FOR THE BUSINESS PURPOSE OF THE ASSESSEE. HE, THEREFORE, DISALLOWED THE SAID EXPEN DITURE AND ADDED THE SAME INTO THE INCOME OF THE ASSESSEE. 8. BEFORE THE LD. CIT(A), THE ASSESSEE SUBMITTED TH AT THE SAID COMPANY WAS A FOREIGN AGENT WHO HAD PROCURED THE SALES ORDE R IN FOREIGN COUNTRIES AND THAT NO TDS WAS LIABLE TO BE DEDUCTED ON PAYMENTS T O THE SAID FOREIGN AGENT. THAT, THOUGH, THE AO HAD ACCEPTED THAT NO TDS WAS A PPLICABLE, YET, HAD DISALLOWED THE CLAIM STATING THAT THE ASSESSEE WAS UNABLE TO PROVE THE NEXUS OF THE SERVICES AND COMMISSION PAID WITH THE BUSINESS OF THE ASSESSEE. THE ASSESSEE BEFORE THE LD. CIT(A) PRODUCED APPOINTMENT LETTER OF THE FOREIGN COMMISSION AGENT, ACCEPTANCE LETTER FROM ASSESSEES COMMISSION AGENT, DEBIT NOTES, E-MAIL AND CORRESPONDENCE ABOUT THE PURCHASE ORDER, SALES INVOICES AND EXPORT DOCUMENTS SHOWING THE ITEMS EXPORTED AND THE DETAILS OF PAYMENTS ETC. MADE IN FOREIGN CURRENCY. HOWEVER, THE LEARNED CIT(A) DID NOT CONSIDER THE DOCUMENTS AND DETAILS SUPPLIED BY THE ASSESSEE AT APPELLATE STAGE CITING RULE 46A OF THE I.T. RULES AND OBSERVING THAT THE EVIDENCE UNDER RULE 46 A CAN ONLY BE ACCEPTED, ITA NO.1691/M/2011 M/S. FAMILY PLASTICS & THERMOWARE 6 IF, THE AO HAD REFUSED TO ACCEPT THE SAID EVIDENCE OR THE ASSESSEE WAS PREVENTED BY SUFFICIENT CAUSE FROM PRODUCING THE EV IDENCE BEFORE THE AO. 10. WE HAVE HEARD THE RIVAL SUBMISSIONS PUT FORTH B Y THE LEARNED REPRESENTATIVES OF BOTH THE PARTIES AND GONE THROUG H THE RELEVANT MATERIAL AVAILABLE ON RECORD. IN OUR VIEW, WHILE REFUSING TO TAKE INTO CONSIDERAT ION THE RELEVANT DOCUMENTS WHICH WERE VERY MUCH NECESSARY FOR THE JUST DECISIO N OF THE CASE, LEARNED CIT(A) FAILED TO EXERCISE HIS APPELLATE JURISDICTIO N U/S 250 OF THE ACT. THE DUTY WAS ALSO CAST UPON THE LEARNED CIT(A) TO ADMIT AND CONSIDER THE EVIDENCE PRODUCED BEFORE HIM BY THE ASSESSEE IF, THE SAME GO TO THE ROOT OF THE CASE. THE HON'BLE BOMBAY HIGH COURT IN THE CASE OF SMT. PRABHAVATI S.SHAH V. CIT [(1998) 231 ITR 1 (BOM.)] HAS HELD THAT THE PO WERS CONFERRED ON THE FIRST APPELLATE AUTHORITY UNDER SUB-SECTION (4) OF SECTIO N 250 OF THE ACT, BEING A QUASI-JUDICIAL POWER, IT IS INCUMBENT ON HIM TO EXE RCISE THE SAME, IF THE FACTS AND CIRCUMSTANCES JUSTIFY. EVEN OTHERWISE UNDER RULE 46A(4) OF THE INCOME TAX RULES, THE CIT(A) HAS BEEN GIVEN POWER TO CALL FOR PRODUCTION OF ANY DOCU MENT OR THE EXAMINATION OF ANY WITNESSES TO ENABLE HIM TO DISPOSE OF THE APPEA L. THERE IS NO DOUBT ABOUT THE LEGAL POSITION THAT IF ANY DOCUMENT FURNISHED B Y THE ASSESSEE BEFORE THE COMMISSIONER (APPEALS) IS IN THE NATURE OF CLINCHIN G EVIDENCE WHICH GOES TO THE ROOT OF THE CASE, THEN IN THE INTEREST OF JUSTI CE SUCH TYPES OF EVIDENCE SHOULD NOT BE REJECTED. THE DOCUMENTS RELIED UPON B Y THE ASSESSEE ARE VERY MUCH RELEVANT AND NECESSARY FOR THE JUST AND PROPER DECISION OF THE CASE AS THE ASSESSEE FROM THE ABOVE DOCUMENTS HAS CLAIMED THAT HE HAD DEDUCTED THE TAX WHILE MAKING PAYMENTS TO CERTAIN PARTIES AND FURTHE R THAT THE REMAINING PARTIES HAD BEEN GRANTED EXEMPTION FROM DEDUCTION OF TAX UN DER SECTION 197(1) OF THE ACT. HENCE, WE SET ASIDE THE FINDINGS OF THE CIT(A) ON THIS ISSUE AND REMAND BACK THE MATTER TO THE FILE OF AO WITH A DIRECTION TO DECIDE THE ISSUE AFRESH AS PER LAW AFTER ALLOWING THE ASSESSEE TO SUBMIT THE R ELEVANT EVIDENCES, CONSIDER ITA NO.1691/M/2011 M/S. FAMILY PLASTICS & THERMOWARE 7 THE SAME AND AFTER GIVING THE ASSESSEE A REASONABLE OPPORTUNITY OF BEING HEARD. THIS GROUND OF APPEAL IS ACCORDINGLY ALLOWED FOR ST ATISTICAL PURPOSES. 11. THE NEXT ISSUE IS REGARDING THE LEVY OF INTERES T UNDER SECTION 234B AND 234C, WHICH IS CONSEQUENTIAL IN NATURE AND DOES NOT REQUIRE ANY ADJUDICATION AT THIS STAGE. 12. IN VIEW OF OUR ABOVE OBSERVATIONS, THE APPEAL O F THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 15.06.2016. SD/- SD/- (G.S. PANNU) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 15.06.2016. * KISHORE, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORD ER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.