R.K. Garg Developers Pvt. Ltd., New Delhi V. ITO, New Delhi

ITA 1810/DEL/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 2811 (ITAT-DELHI)
• Duration Of Justice: 8 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-12-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 27-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T VASANTHAN
• Assessee Lawyers: B L GUPTA ITP
• Keywords: Income from undisclosed sources; Question of law; Tangible material; Accommodation entries; Reason to believe; Reassessment proceedings
• Section: 147; 68; 148

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC , NEW DELHI BEFORE SH. N. K. SAINI, A CCOUNTANT M EMBER ITA NO. 1810 /DEL/2017 : ASSTT. YEAR : 2007 - 0 8 R.K. GARG DEVELOPERS PVT. LTD., E - 92 0, SARAWATI VIHAR, NEW DELHI - 110034 VS INCOME TAX OFFICER, WARD - 20(3 ) , NEW DELHI (APPELLANT) (RESPONDENT) PAN NO. AADCR1835L ASSESSEE BY : SH. B. L. GUPTA, ITP REVENUE BY : SH. T. VASANTHAN , SR. DR DATE OF HEARING : 21 .09 .201 7 DATE OF PRONOUNCEMENT : 20 .12 .201 7 ORDER THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE ORDER DATED 10.02.2017 OF LD. CIT(A) - 7 , NEW DELHI . 2. FOLLOWING GROUNDS HAVE BEEN RAISED IN THIS APPEAL: 1. ON THE FACTS AND IN THE C IRCUMSTANCES OF THE CASE AND IN LAW, THE CIT(A) WAS INCORRECT AND UNJUSTIFIED IN HOLDING THAT ACTION INITIATED BY THE AO U/S 147 WAS LEGAL VALID AND ALL THE NECESSARY CONDITIONS FOR SUCH A VALID ACTION U/S 147/148 HAS BEEN FULFILLED. 2. ON THE FACTS AND I N THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE CIT(A) WAS INCORRECT AND UNJUSTIFIED IN REJECTING THE SECOND GROUND OF APPEAL OF THE ASSESSEE REGARDING ILLEGALITY, INVALIDITY AND BAD IN LAW ACTION U/S 147/148. ITA NO . 1810 /DEL /201 7 R. K. GARG DEVELOPERS PVT. LTD. 2 3. ON THE FACTS AND IN THE CIRCUMSTANCES OF T HE CASE AND IN LAW, THE CIT(A) WAS INCORRECT AND UNJUSTIFIED IN HOLDING THAT THE ASSESSEE FAILED TO PROVE THE GENUINENESS OF THE TRANSACTIONS AND CREDITWORTHINESS OF THE SHARE HOLDERS IN RESPECT OF SHARE CAPITAL OF RS. 12 LAKH WHEREAS THE SHARE CAPITAL HAS BEEN GENUINELY RECEIVED BY THE ASSESSEE. 4. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE CIT(A) WAS INCORRECT AND UNJUSTIFIED IN TREATING THE AMOUNT OF RS. 12 LAKH AS INCOME OF THE ASSESSEE U/S 68 OF THE INCOME TAX ACT ON THE BASIS O F SUSPICION ALONE EVEN WHEN THE ASSESSEE HAS PROVED THE IDENTITY GENUINENESS OF THE TRANSACTION AND CREDITWORTHINESS OF THE SHARE HOLDER. 5. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE CIT(A) WAS INCORRECT AND UNJUSTIFIED IN DISMISSI NG THE APPEAL OF THE ASSESSEE. 6. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE CIT(A) WAS INCORRECT AND UNJUSTIFIED IN TREATING THE AMOUNT OF RS. 14,550/ - AS INCOME OF THE ASSESSEE. 7. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E AND IN LAW, THE CIT(A) WAS INCORRECT AND UNJUSTIFIED IN HOLDING THAT ACTION U/S 147 HAS BEEN TAKEN BY THE AO VALIDLY BY IN DEPENDED APPLICATION OF MIND AND ALSO ON THE BASIS OF TANGIBLE MATERIAL WHEREAS THERE IS NEITHER INDEPENDENT APPLICATION OF MIND NO R THERE IS TANGIBLE MATERIAL. 8. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE CIT(A) WAS INCORRECT AND UNJUSTIFIED ITA NO . 1810 /DEL /201 7 R. K. GARG DEVELOPERS PVT. LTD. 3 IN CONFIRMING THE ADDITION OF RS. 12 LAKH WITHOUT CONSIDERING AND EXAMINING ELEVEN JUDGMENTS OF THE VARIOUS TRIBUNALS A ND HIGH COURTS CITED BEFORE HIM DURING ASSESSMENT PROCEEDINGS. 9. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, WHETHER THE CIT(A) WAS CORRECT AND JUSTIFIED IN NOT FOLLOWING THE JUDGMENT OF THE HON'BLE JURISDICTIONAL TRIBUNAL IN THE CASE O F THE ASSESSEE ITSELF FOR THE A.Y 2006 - 2007 WHERE THE FACTS AND THE CIRCUMSTANCES OF THE CASE WERE THE SAME. 3 . FROM THE ABOVE GROUNDS, IT WOULD BE CLEAR THAT THE MAIN GRIEVANCE OF THE ASSESSEE IN THIS APPEAL RELATES TO THE REOPENING OF THE ASSESSMENT U/ S 147/148 OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT). 4 . DURING THE COURSE OF HEARING, THE LD. COUNSEL FOR THE ASSESSEE AT THE VERY OUTSET STATED THAT THE ISSUE UNDER CONSIDERATION IS SQUARELY COVERED VIDE ORDER DATED 31.08.2016 BY THE ITAT DELHI BENCH SMC - III , NEW DELHI IN ITA NO. 6558/DEL/2014 FOR THE ASSESSMENT YEAR 2006 - 07 IN ASSESSEE S OWN CASE. IT WAS FURTHER SUBMITTED THAT THE REASONS RECORDED IN THE PRECEDING YEAR AND FOR THE YEAR UNDER CONSIDERATION ARE SAME, THEREFORE, TH E REOPENING ON THE BASIS OF REPORT OF THE INVESTIGATION WING WAS NOT VALID. HE DREW OUR ATTENTION TOWARDS PARA 7 OF THE AFORESAID REFERRED TO ORDER WHEREIN THE REASONS RECORDED ARE REPRODUCED FOR THE ASSESSMENT YEAR 2006 - 07 AND STATED THAT THE SIMILAR REAS ONS ARE RECORDED BY THE AO WHILE REOPENING THE ASSESSMENT FOR THE YEAR UNDER ITA NO . 1810 /DEL /201 7 R. K. GARG DEVELOPERS PVT. LTD. 4 CONSIDERATION. OUR ATTENTION WAS DRAWN TOWARDS THE ASSESSMENT ORDER DATED 16.01.2015. 5 . IN HIS RIVAL SUBMISSIONS, THE LD. DR ALTHOUGH SUPPORTED THE ORDERS OF THE AUTHORITIES B ELOW BUT COULD NOT CONTROVERT THE AFORESAID CONTENTION OF THE LD. COUNSEL FOR THE ASSESSEE. 6 . I HAVE CONSIDERED THE SUBMISSIONS OF BOTH THE PARTIES AND PERUSED THE MATERIAL AVAILABLE ON THE RECORD. IN THE PRESENT CASE, IT IS NOTICED THAT THE AO REOPENED THE ASSESSMENT ON THE BASIS OF THE INFORMATION RECEIVED FROM THE INVESTIGATION WING, WHICH IS CLEAR FROM THE FOLLOWING OBSERVATIONS OF THE AO IN THE ASSESSMENT ORDER DATED 16.01.2015: IN THIS CASE AN INFORMATION RECEIVED FROM THE DIT(INV) THAT DURING THE COURSE OF INVESTIGATION IN THE CASE OF TARUN GOYAL HAS FOUND THAT SHRI TARUN GOYAL CREATED A NUMBER OF PRIVATE LIMITED COMPANIES AND FIRMS FOR PROVIDING ACCOMMODATION ENTRIES. THE DIRECTORS OF THESE COMPANIES WERE HIS EMPLOYEES WHO WORKED IN HIS OFFICE AS PEONS, RECEPTIONISTS ETC. THE DOCUMENTS WERE GOT SIGNED FROM THESE EMPLOYEES. A NUMBER OF BANK ACCOUNTS IN VARIOUS BANKS WERE OPENED IN THE NAMES OF THESE COMPANIES AND HIS EMPLOYEES, IN WHICH HUGE CASH DEPOSITS WERE MADE. LATER CHEQUES WERE ISSUED TO VAR IOUS BENEFICIARIES, DISGUISING THE WHOLE TRANSACTION AS GENUINE. DURING THE COURSE OF INVESTIGATION IT WAS ESTABLISHED THAT SHRI TARUN GOYAL HAS FLOATED ABOUT 90 COMPANIES FOR THE PURPOSE OF PROVIDING ACCOMMODATION ENTRIES. THE COMPANIES FLOATED BY SHRI TA RUN GOYAL ARE NOT CARRYING OUT ANY GENUINE ACTIVITY AND ARE MERELY BEING USED TO PROVIDE ACCOMMODATION ENTRIES. DURING THE COURSE OF INVESTIGATION BY THE DIT(INV) IT WAS ALSO DISCOVERED THAT THE NET WORK OF COMPANIES RUN BY SHRI TARUN GOYAL IS ONLY DOING T HE BUSINESS OF PROVIDING ITA NO . 1810 /DEL /201 7 R. K. GARG DEVELOPERS PVT. LTD. 5 ACCOMMODATION ENTRIES TO VARIOUS BENEFICIARIES AND ARE NOT DOING ANY REAL BUSINESS, HENCE THESE COMPANIES ARE BOGUS . 7. IT IS ALSO NOTICED THAT IN PARA 7 OF THE ORDER DATED 31.08.2016 IN ASSESSEE S OWN CASE FOR THE PRECEDING AS SESSMENT YEAR 2006 - 07 IN ITA NO. 6558/DEL/2014, SIMILAR REASONS RECORDED BY THE AO ARE REPRODUCED . THE RELEVANT FINDINGS AND THE OBSERVATIONS OF THE ITAT BENCH SMC - III , NEW DELHI IN PARA 7 OF THE SAID ORDER READ AS UNDER: 7. I HAVE HEARD BOTH THE PA RTIES AND PERUSED THE RELEVANT RECORDS AVAILABLE WITH US, ESPECIALLY THE ORDERS OF THE REVENUE AUTHORITIES AND THE CASE LAW CITED BY THE ASSESSEE S COUNSEL ON THE ISSUE IN DISPUTE. IN MY VIEW, IT IS VERY MUCH NECESSARY TO REPRODUCE THE REASONS RECORDED BY THE AO BEFORE ISSUE OF NOTICE TO THE ASSESSEE U/S. 148 OF THE I.T. ACT, 1961 WHICH IS REPRODUCED HEREUNDER: - 'DIT(INV.) UNIT - IV, DURING THE COURSE OF INVESTIGATION IN THE CASE OF SH. TARUN GOYAL HAS FOUND THAT SH. TARUN GOYAL CREATED A NUMBER OF PRIVATE L IMITED COMPANIES AND FIRMS FOR PROVIDING ACCOMMODATION ENTRIES. THE DIRECTORS OF THESE COMPANIES WERE HIS EMPLOYEES WHO WORKED IN HIS OFFICE AS PEONS, RECEPTIONISTS ETC. THE DOCUMENTTS WERE GOT SIGNED FROM THESE EMPLOYEES. A NUMBER OF BANK ACCOUNTS IN VARI OUS BANKS WERE OPENED IN THE NAMES OF THESE COMPANIES AND HIS EMPLOYEES, IN WHICH HUGE CASH DEPOSITS WERE MADE. LATER CHEQUES WERE ISSUED TO VARIOUS BENEFICIARIES, DISGUISING THE WHOLE TRANSACTION AS GENUINE. DURING THE COURSE OF INVESTIGATION IT WAS ESTAB LISHED THAT SH. TARUN GOYAL HAS FLOATED ABOUT 90 COMPANIES FOR THE PURPOSE OF PROVIDING ACCOMMODATION ENTRIES. THE COMPANIES FLOATED BY SH. TARUN GOYAL ARE NOT CARRYING OUT ANY GENUINE ACTIVITY AND ARE MERELY BEING USED TO PROVIDE ACCOMMODATION ENTRIES. DU RING THE COURSE OF INVESTIGATIONS BY THE DIT(INV) IT WAS ALSO DISCOVERED THAT THE NETWORK' OF COMPANIES RUN BY SH. TARUN GOYAL IS ONLY DOING THE BUSINESS OF PROVIDING ACCOMMODATION ITA NO . 1810 /DEL /201 7 R. K. GARG DEVELOPERS PVT. LTD. 6 ENTRIES TO VARIOUS BENEFICIARIES AND ARE NOT DOING ANY REAL BUSINESS, HENCE THESE COMPANIES ARE 'BOGUS'. IT IS NOTICED FROM THE LIST OF ENTRIES OF BENEFICIARIES THAT THE ASSESSEE M/S R K GARG DEVELOPERS P LTD HAS TAKEN FOLLOWING ACCOMMODATION ENTRIES FROM THE COMPANY CONTROLLED BY SH. TARUN GOYAL AS PER DETAILS HEREUNDER: - BE NEFICIARY NAME OF ENTRY PROVIDER AMOUNT R K GARG DEVELOPERS P LTD. TAJASVI INVESTMENTS P LTD. 7,00,000 IN VIEW OF THE REPORT RECEIVED FROM THE DITS(INV.) NEW DELHI, AND IN VIEW OF THE FACTS NARRATED ABOVE IT IS CLEAR THAT THE ASSESSEE HAD PROVIDED ITS O WN CASH TO ARRANGE A CREDIT ENTRY FROM THE COMPANY CONTROLLED BY SH. TARUN COYA1. THE CASH PROVIDED BY THE ASSESSEE REPRESENTS ITS OWN INCOME FROM UNDISCLOSED SOURCES. FURTHER, THE ASSESSEE HAD PAID COMMISSION FOR SUCH ARRANGEMENT, WHICH IN SUCH CASES IS A T 1%. THEREFORE, THE ASSESSEE HAD INCURRED AN EXPENDITURE OF RS.7,000/ - FOR SUCH ARRANGEMENT WHICH IS MET OUT OF ITS WWN INCOME FROM UNDISCLOSED SOURCES. THUS, THE ASSESSEE HAS NOT DISCLOSED FULLY AND TRULY ALL MATERIAL FACTS NECESSARY FOR ITS ASSESSMENT F OR THAT ASSESSMENT YEAR. I HAVE THEREFORE, REASON TO BELIEVE THAT THE SUM OF RS.7,00,000/ - +RS.7,000/ - CHARGEABLE TO TAX HAS ESCAPED ASSESSMENT. THUS, THE SAME IS TO BE BROUGHT TO TAX UNDER SECTION 147/148 OF THE LT. ACT 1961.' AFTER CONSIDERING THE ABOVE FACTS, THE ISSUE WAS DECIDED IN FAVOUR OF THE ASSESSEE AND RELEVANT FINDINGS ARE GIVEN IN PARA 8 & 9 OF THE SAID ORDER DATED 31.08.2016 WHICH READ AS UNDER: 8. AFTER GOING THROUGH THE REASONS RECORDED BY THE AO, AS AFORESAID, I AM OF THE VIEW THAT AO HAS NOT APPLIED HIS MIND SO AS TO COME TO AN INDEPENDENT CONCLUSION THAT HE HAS REASON TO BELIEVE THAT INCOME HAS ESCAPED DURING THE YEAR. IN MY VIEW THE REASONS ARE VAGUE AND ARE NOT BASED ON ANY TANGIBLE MATERIAL ITA NO . 1810 /DEL /201 7 R. K. GARG DEVELOPERS PVT. LTD. 7 AS WELL AS ARE NOT ACCEPTABLE IN THE EYES OF LAW. THE AO HAS MECHANICALLY ISSUED NOTICE U/S. 148 OF THE ACT, ON THE BASIS OF INFORMATION ALLEGEDLY RECEIVED BY HIM FROM THE DIRECTORATE OF INCOME TAX (INVESTIGATION), NEW DELHI. KEEPING IN VIEW OF THE FACTS AND CIRCUMSTANCES OF THE PRESENT CASE AND THE CASE LAW APPLICABLE IN THE CASE OF THE ASSESSEE, I AM OF THE CONSIDERED VIEW THAT THE REOPENING IN THE CASE OF THE ASSESSEE FOR THE ASSTT. YEAR IN DISPUTE IS BAD IN LAW AND DESERVES TO BE QUASHED. MY VIEW IS SUPPORTED BY THE FOLLOWING JUDGMENT/DECISION: - PR. CIT VS. G&G PHARMA INDIA LTD. IN ITA NO. 545/2015 DATED 8.10.2015 OF THE DELHI HIGH COURT WHEREIN THE HON BLE COURT HAS ADJUDICATED THE ISSUE AS UNDER: - 12. IN THE PRESENT CASE, AFTER SETTING OUT FOUR ENTRIES, STATED TO HAVE BEEN RECEIVED BY THE AS SESSEE ON A SINGLE DATE I.E. 10TH FEBRUARY 2003, FROM FOUR ENTITIES WHICH WERE TERMED AS ACCOMMODATION ENTRIES, WHICH INFORMATION WAS GIVEN TO HIM BY THE DIRECTORATE OF INVESTIGATION, THE AO STATED: 'I HAVE ALSO PERUSED VARIOUS MATERIALS AND REPORT FROM IN VESTIGATION WING AND ON THAT BASIS IT IS EVIDENT THAT THE ASSESSEE COMPANY HAS INTRODUCED ITS OWN UNACCOUNTED MONEY IN ITS BANK ACCOUNT BY WAY OF ABOVE ACCOMMODATION ENTRIES.' THE ABOVE CONCLUSION IS UNHELPFUL IN UNDERSTANDING WHETHER THE AO APPLIED HIS MI ND TO THE MATERIALS THAT HE TALKS ABOUT PARTICULARLY SINCE HE DID NOT DESCRIBE WHAT THOSE MATERIALS WERE. ONCE THE DATE ON WHICH THE SO CALLED ACCOMMODATION ENTRIES WERE PROVIDED IS KNOWN, IT WOULD NOT HAVE BEEN DIFFICULT FOR THE AO, IF HE HAD IN FACT UNDE RTAKEN THE EXERCISE, TO MAKE A REFERENCE TO THE MANNER IN WHICH THOSE VERY ENTRIES WERE PROVIDED IN THE ACCOUNTS OF THE ASSESSEE, WHICH MUST HAVE BEEN TENDERED ALONG WITH THE RETURN, WHICH WAS FILED ON 14TH NOVEMBER 2004 AND WAS PROCESSED UNDER SECTION 143 (3) OF THE ACT. WITHOUT FORMING A PRIMA FACIE OPINION, ON THE BASIS OF SUCH MATERIAL, IT WAS NOT POSSIBLE FOR THE AO TO HAVE SIMPLY CONCLUDED: 'IT IS EVIDENT THAT THE ASSESSEE COMPANY HAS ITA NO . 1810 /DEL /201 7 R. K. GARG DEVELOPERS PVT. LTD. 8 INTRODUCED ITS OWN UNACCOUNTED MONEY IN ITS BANK BY WAY OF ACCOMMODA TION ENTRIES'. IN THE CONSIDERED VIEW OF THE COURT, IN LIGHT OF THE LAW EXPLAINED WITH SUFFICIENT CLARITY BY THE SUPREME COURT IN THE DECISIONS DISCUSSED HEREINBEFORE, THE BASIC REQUIREMENT THAT THE AO MUST APPLY HIS MIND TO THE MATERIALS IN ORDER TO HAVE REASONS TO BELIEVE THAT THE INCOME OF THE ASSESSEE ESCAPED ASSESSMENT IS MISSING IN THE PRESENT CASE. 13. MR. SAWHNEY TOOK THE COURT THROUGH THE ORDER OF THE CIT(A) TO SHOW HOW THE CIT (A) DISCUSSED THE MATERIALS PRODUCED DURING THE HEARING OF THE APPEAL. THE COURT WOULD LIKE TO OBSERVE THAT THIS IS IN THE NATURE OF A POST MORTEM EXERCISE AFTER THE EVENT OF REOPENING OF THE ASSESSMENT HAS TAKEN PLACE. WHILE THE CIT MAY HAVE PROCEEDED ON THE BASIS THAT THE REOPENING OF THE ASSESSMENT WAS VALID, THIS DOES NOT SATISFY THE REQUIREMENT OF LAW THAT PRIOR TO THE REOPENING OF THE ASSESSMENT, THE AO HAS TO, APPLYING HIS MIND TO THE MATERIALS, CONCLUDE THAT HE HAS REASON TO BELIEVE THAT INCOME OF THE ASSESSEE HAS ESCAPED ASSESSMENT. UNLESS THAT BASIC JURISDICTIONAL RE QUIREMENT IS SATISFIED A POST MORTEM EXERCISE OF ANALYSING MATERIALS PRODUCED SUBSEQUENT TO THE REOPENING WILL NOT RESCUE AN INHERENTLY DEFECTIVE REOPENING ORDER FROM INVALIDITY . 14. IN THE CIRCUMSTANCES, THE CONCLUSION REACHED BY THE ITAT CANNOT BE SAID T O BE ERRONEOUS. NO SUBSTANTIAL QUESTION OF LAW ARISES. 15. THE APPEAL IS DISMISSED. 9. IN VIEW OF ABOVE, I AM OF THE CONSIDERED VIEW THAT THE AFORESAID ISSUE IN DISPUTE IS EXACTLY THE SIMILAR AND IDENTICAL TO THE ISSUE INVOLVED IN THE PRESENT APPEAL AND IS SQUARELY COVERED BY THE AFORESAID DECISION OF THE HON BLE HIGH COURT OF DELHI IN THE CASE OF G&G PHARMA (SUPRA). HENCE, RESPECTFULLY FOLLOWING THE ABOVE PRECEDENT IN THE CASE OF PR. CIT - 4 VS. G&G PHARMA INDIA LTD. (SUPRA) I DECIDE THE LEGAL ISSUE IN DIS PUTE IN FAVOR OF THE ASSESSEE AND AGAINST THE REVENUE AND ACCORDINGLY QUASH THE REASSESSMENT PROCEEDINGS AND ALLOW THE LEGAL ISSUE. SINCE I HAVE ALREADY QUASHED THE REASSESSMENT PROCEEDINGS, AS ITA NO . 1810 /DEL /201 7 R. K. GARG DEVELOPERS PVT. LTD. 9 AFORESAID, THE OTHER ISSUES ARE NOT BEING DEALT WITH BEING ACA DEMIC IN NATURE. 8. SINCE, THE FACTS FOR THE YEAR UNDER CONSIDERATION ARE IDENTICAL TO THE FACTS INVOLVED IN THE PRECEDING YEAR, SO RESPECTFULLY FOLLOWING THE AFORESAID REFERRED TO ORDER DATED 31.08.2016 IN ITA NO. 6558/DEL/2014 FOR THE ASSESSMENT YEAR 2 006 - 07. THE REASSESSMENT FOR THE PRESENT YEAR I.E. ASSESSMENT YEAR 2007 - 08 IS QUASHED. 9 . IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED . (O RD E R PRONOUNCED IN THE COURT ON 20 /12 /2017 ) SD/ - (N. K. SAINI) ACCOUNTANT MEMBER DAT ED: 20 /12 /2017 *SUBODH* COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(APPEALS) 5 . DR: ITAT ASSISTANT REGISTRAR