Goyal & Co. (Const.) Pvt.Ltd., Ahmedabad V. The Dy.CIT.,Circle-4, Ahmedabad

ITA 2038/AHD/2011

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 85721 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 6 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-02-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 13-02-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 17-08-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MK SINGH
• Assessee Lawyers: P M MEHTA; GULAB THAKOR
• Keywords: Business income; Earning of tax free income
• Section: 14A

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD .., , BEFORE SHRI N.S. SAINI, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER ./ I.T.A. NO. 2038/AHD/2011 ( / ASSESSMENT YEAR : 2008-09) GOYAL & CO. (CONST) PVT.LTD. COMMERCE HOUSE OPP.RAJVANSH APARTMENT JUDGES BUNGALOW ROAD BODAKDEV, AHMEDABAD / VS. THE DCIT CIRCLE-4 AHMEDABAD ./ ./ PAN/GIR NO. : AABCG 5459 R ( # / APPELLANT ) .. ( $% # / RESPONDENT ) #& / APPELLANT BY : SHRI P.M.MEHTA & SHRI GULAB THAKOR $% #'& / RESPONDENT BY : SHRI M.K. SINGH, SR.DR ()'* / DATE OF HEARING 13/02/2015 +,-.'* / DATE OF PRONOUNCEMENT 26/02/2015 / O R D E R PER SHRI KUL BHARAT, JUDICIAL MEMBER : THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LD.COMMISSIONER OF INCOME TAX(APPEALS)-VIII, AHMEDA BAD (CIT(A) IN SHORT) DATED 21/06/2011 PERTAINING TO ASSESSMEN T YEAR (AY) 2008-09. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS OF AP PEAL (WITHOUT PREJUDICE TO EACH OTHER):- ITA NO.2038/AHD /2011 GOYAL & CO. (CONST) PVT.LTD. VS. DCIT ASST.YEAR 2008-09 - 2 - 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE DEPARTMENTAL AUTHORITIES HAVE ERRED IN CONSIDERING IT A CASE FIT FOR ANY DISALLOWANCE WHATSOEVER IN PURSUANCE OF SECTION 14A. 2. WITHOUT PREJUDICE, ON THE FACTS AND IN THE CIRCUMST ANCES OF THE CASE, THE DEPARTMENTAL AUTHORITIES HAVE ERRED IN UPHOLDING TH E AFORESAID DISALLOWANCE U/S.14A IN A SUM OF RS.14,05,012/-. 3. THE APPELLANT CRAVES LEAVE TO ADD TO, ALTER, AMEND AND/OR WITHDRAW ANY GROUND OR GROUNDS OF APPEAL EITHER BEFORE OR DURING THE COURSE OF HEARING OF THE APPEAL. 2. BRIEFLY STATED FACTS ARE THAT THE CASE OF THE AS SESSEE WAS PICKED UP FOR SCRUTINY ASSESSMENT AND THE ASSESSMENT U/S.143( 3) OF THE INCOME TAX ACT,1961 (HEREINAFTER REFERRED TO AS THE ACT) WAS FRAMED VIDE ORDER DATED 10/12/2010, THEREBY THE ASSESSING OFFICER (AO IN SHORT) MADE DISALLOWANCE BY INVOKING THE PROVISIONS OF SECTION 14A OF THE ACT READ WITH RULES-8D OF THE I.T.RULES, 1962 AMOUNTING TO R S.1,04,63,924/-. AGAINST THIS, THE ASSESSEE FILED AN APPEAL BEFORE T HE LD.CIT(A), WHO AFTER CONSIDERING THE SUBMISSIONS OF THE ASSESSEE, RESTRI CTED THE DISALLOWANCE TO RS.14,05,012/-. THE LD.COUNSEL FOR THE ASSESSEE FILED A WRITTEN SYNOPSIS AND SUBMITTED THAT THE LD.CIT(A), ON THE O NE HAND, HAS GIVEN A FINDING THAT THE INTEREST EARNED FROM INVESTMENT IN FIRM GOKULDHAM DEVELOPERS IS TAXED AS BUSINESS INCOME AND, HENCE, INVESTMENT TO THAT EXTENT CANNOT BE HELD TO BE EARNING EXEMPT INCOME. THEREFORE, HE SUBMITTED THAT HAVING OBSERVED SO, THE LD.CIT(A) SH OULD HAVE EXCLUDED THIS AMOUNT. HE SUBMITTED THAT THE REVISED WORKING OF DISALLOWANCE UNDER RULE-8D IS COMPUTED IN A SEPARATE CHART WHICH IS ENCLOSED ITA NO.2038/AHD /2011 GOYAL & CO. (CONST) PVT.LTD. VS. DCIT ASST.YEAR 2008-09 - 3 - ALONGWITH THE WRITTEN SYNOPSIS. AS PER THIS CHART , THE TOTAL DISALLOWANCE U/S.14A COMES TO RS.4,55,656/- AS AGAINST RS.14,05 ,012/-. 3. ON THE CONTRARY, THE LD.SR.DR SUPPORTED THE ORDE R OF THE AO AND SUBMITTED THAT THE ASSESSEE ITSELF HAD GIVEN A WORK ING OF DISALLOWANCE BEFORE THE FIRST APPELLATE AUTHORITY. HE DREW OUR ATTENTION TOWARDS PAGE- 12 OF THE CIT(A)S ORDER. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS, PERUSED THE MATERIAL AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. THE ASSESSEE HAS GIVEN A WRITTEN SYNOPSIS WHICH IS REPRODUCED HEREUNDER:- HEARING OF THE ABOVE APPEAL IS FIXED BEFORE YOUR H ONOURS ON 13.2.2015. 1. IN THE ABOVE APPEAL, THE ASSESSEE HAS RAISED EFFECTIVELY 2 GROUNDS AS UNDER- I) NO DISALLOWANCE WHATSOEVER IN PURSUANCE OF SECTION 14A IS WARRANTED IN THE ASSESSEE'S CASE. II) WITHOUT PREJUDICE TO THE ABOVE CONTENTIO N, THE ASSESSEE HAS CHALLENGED THE UPHOLDING OF AFORESAID DISALLOWANCE U/S. 14A TO THE SUM OF RS. 14,05,012 BY THE LD. CIT(A). 2. THE ASSESSEE HAS FILED BEFORE YOUR HONOURS , STATEMENT OF FACTS CUM SYNOPSIS ON PAGES 1 TO 10 OF THE PAPER BOOK. THE AS SESSEE RELIES UPON THE SAID SYNOPSIS. ON THE FIRST GROUND RAISED BY THE ASSESSE E THAT NO DISALLOWANCE WHATSOEVER U/S. 14A IS WARRANTED IN ASSESSEE'S CASE , THE ASSESSEE BEGS TO DRAW YOUR HONOURS' KIND ATTENTION TO PAGE 4 PARA 4 OF TH E SYNOPSIS WHEREIN THE ASSESSEE HAS RAISED THE CONTENTION THAT IN ASSESSEE 'S CASE, THE ACTUAL INTEREST ITA NO.2038/AHD /2011 GOYAL & CO. (CONST) PVT.LTD. VS. DCIT ASST.YEAR 2008-09 - 4 - INCOME IS OF RS. 3,08,00,550 [KINDLY REFER PAGE 47 OF THE PAPER BOOK] WHEREAS INTEREST OUTGO IS OF RS. 2,65,14,704 [KINDLY REFER PAGES 48 AND 49 OF THE PAPER BOOK]. HENCE, THE ASSESSEE HAS NET INTEREST SURPLUS OF RS. 42,85,846. IT IS SUBMITTED THAT IN ACCOUNTING AS WELL AS IN LAW, NET TING OF INTEREST IS REQUIRED TO BE DONE AND ONCE NETTING OF INTEREST IS DONE, THERE BEING NET INTEREST SURPLUS OF RS. 42,85,846 NO DISALLOWANCE U/S. 14A CAN BE MADE. FOR THIS PROPOSITION, THE ASSESSEE RELIES UPON THE COORDINATED BENCH DECISION DATED 29-11-2013 IN THE CASE OF SAFAL REALITIES PVT. LTD. IN ITA NOS. 2334/ A/2012 AND 1842/A/2013 FOR A.YS. 2009-10 AND 2010-11 WHICH IS COMPILED ON PAGE S 50 AND 59 OF THE PAPER BOOK. ON PAGE 58, THERE IS A SPECIFIC FINDING OF TH E HON'BLE BENCH IN PARA 5.3 AS UNDER:- '5.3 UNDER THE TOTALITY OF FACTS AND CIRCUMSTANCES OF THE CASE, WE ARE OF THE CONSIDERED OPINION THAT WHEN THE INTEREST INCOME WA S MORE THAN THE INTEREST EXPENDITURE, THEN THE A. 0. WAS NOT JUSTIFIED TO IN VOKE THE PROVISION OF SECTION 14A R.W.R. 3D OF THE I. T. ACT. WE HEREBY REVERSE T HE FINDING OF THE AUTHORITIES BELOW AND DIRECT TO DELETE THE DISALLOWANCE.' IT IS SUBMITTED THAT THE ABOVE REFERRED DECISION IN THE CASE OF SAFAL REALITIES PVT. LTD. [SUPRA] IS FOR THE A.YS. 2009-10 AND 2010 -11, WHEN RULE 8D OF THE I. T. ACT FOR MAKING DISALLOWANCE U/S. 14A WAS ON THE STATUTE AND APPLICABLE FOR MAKING SUCH DISALLOWANCE. IN ASSESSEE'S CASE, THE A .Y. INVOLVED IS 2008-09 WHERE ALSO, RULE 8D IS APPLICABLE. IN VIEW OF THE A BOVE, THE ASSESSEE SUBMITS THAT NO DISALLOWANCE U/S. 14A CAN BE MADE IN ASSESS EE'S CASE. 3. SO FAR AS GROUND NO. 2 IS CONCERNED, THE A SSESSEE HAS CHALLENGED DISALLOWANCE OF RS. 14,05,012 UPHELD BY THE CIT(A) U/S. 14A. WITH REGARD TO THE ABOVE GROUND, THE ASSESSEE SUBMITS THAT THE A.O . HAD WORKED OUT DISALLOWANCE U/S. 14A AS UNDER: - I) OUT OF INTEREST RS. 96,31,239 II) OUT OF ADMINISTRATIVE EXPENSES RS. 8,32,685 TOTAL RS.104,63,924 4. IN REGARD TO ABOVE DISALLOWANCE, THE ASSES SEE HAD MADE WRITTEN SUBMISSIONS BEFORE LD. CIT(A) WHICH HAVE BEEN NOTIC ED IN DETAIL ON PAGES 3 TO 12 OF THE CIT(A)'S ORDER. ULTIMATELY, THE LD. CIT(A ) HAS GIVEN HIS FINDING ON THE ISSUE IN PARA 3.2 ON PAGES 13 TO 16 OF HIS APPE LLATE ORDER. THE LD. CIT(A) HAS RESTRICTED THE DISALLOWANCE TO RS. 14,05,012 WH ICH IS WORKED OUT IN ITA NO.2038/AHD /2011 GOYAL & CO. (CONST) PVT.LTD. VS. DCIT ASST.YEAR 2008-09 - 5 - TABULAR FORM ON PAGES 12 AND 13 OF CIT(A)'S ORDER. IN PARAS 13 AND 14 OF ITS STATEMENT OF FACTS CUM SYNOPSIS, THE ASSESSEE HAS R AISED CONTENTIONS THAT THE ABOVE REFERRED DISALLOWANCE OF RS. 14,05,012 IS CON SIDERED ON THE BASIS OF GROSS INTEREST OUTGO OF RS. 2,65,14,704 WHEREIN THE ENTIRE DISALLOWANCE U/S. 14A IS MADE BY THE A.O. ON THE GROUND THAT INTEREST BEARING BORROWINGS HAVE BEEN INVESTED PRIMARILY IN THE PARTNERSHIP FIRMS FR OM WHICH SHARE [PROFIT] RECEIVED BY THE ASSESSEE IS EXEMPT U/S. 10[2A]. FOR THAT PURPOSE, THE INVESTMENTS MADE IN THE SAID PARTNERSHIP FIRM IS TA BULATED ON PAGES 14 AND 15 OF THE APPELLATE ORDER AS UNDER:- S.N PARTICULARS OF INVESTMENTS AMOUNT AS ON 31-3-2008 AMOUNT AS ON 31-3-2007 I) IN PARTNERSHIP FIRMS:- GOKULDHAM DEVELOPERS 19,54,48,257 8,18,53,226 SHAHIBAUG ORCHID DEVELOPERS 3,14,99,076 1,89,99,141 SUB TOTAL 22,69,47,333 10,08,52,367 II) IMMOVABLE PROPERTIES 11,37,240 11,37,240 III) IN SHARES OF SGV INFRASTRUCTURE PVT LTD 30,00,000 TOTAL 23,10,84,572 10,19,89,607 AVERAGE INVESTMENT 16,65,37,089 AFTER CONSIDERING ASSESSEE'S CONTENTIONS, THE LD. C IT(A) HAS GIVEN HIS FINDINGS ON PAGES 15 AND 16 OF HIS APPELLATE ORDER TO THE EF FECT AS UNDER:- APPRECIATE THE ARGUMENT OF THE LD. AR THAT INTERE ST EARNED FROM INVESTMENTS IN FIRM GOKULDHAM DEVELOPERS IS TAXES A S BUSINESS INCOME AND HENCE INVESTMENT TO THAT EXTENT CANNOT BE HELD TO BE EARNING EXEMPT INCOME. ACCORDINGLY, THERE SHOULD NOT BE ANY DISALL OWANCE WITH REFERENCE TO THIS INVESTMENT U/S. 14A. THIS VIEW IS TOTALLY SUPPORTED BY ITA NO.2038/AHD /2011 GOYAL & CO. (CONST) PVT.LTD. VS. DCIT ASST.YEAR 2008-09 - 6 - THE DECISIONS CITED BY THE APPELLANT. FURTHER, FROM INVESTMENT IN HOUSE PROPERTY, RENTAL INCOME IS SHOWN AND HENCE, FOR THA T INVESTMENT ALSO, THERE SHOULD NOT BE ANY DISALLOWANCE OF EXPENSES U/ S. 14A.' 5. IN THE STATEMENT OF FACTS CUM SYNOPSIS ON PAGES 9 AND 10 IN PARA 14, THE ASSESSEE HAS SUBMITTED A SUMMARY OF ITS CONTENT IONS RAISED BEFORE YOUR HONOURS. ONE OF THE CONTENTIONS IS THAT THE LD. CIT (A) HAS GIVEN THE SPECIFIC FINDING THAT FROM M/S GOKULDHAM DEVELOPERS, THE ASS ESSEE HAS RECEIVED INTEREST OF RS. 1,98,00,650 WHICH IS TAXABLE IN THE HANDS OF THE ASSESSEE, OBVIOUSLY, THERE IS AN ABSOLUTELY DIRECT NEXUS BETW EEN THE INTEREST RECEIVED AND INTEREST OUTGO AND THEREFORE, THE FIGURE TO BE CONS IDERED WOULD BE THE EXCESS OF THESE TWO FIGURES VIZ. RS. 2,65,14,704 OVER THE INT EREST INCOME OF RS. 1,98,00,650 I.E. RS. 67,14,054. IF THE WORKING U/S. 14A IS WORKED OUT ON THE BASIS OF THE SAID NET FIGURE OF INTEREST EXPENDITUR E OF RS. 67,14,054 THE DISALLOWANCE U/S. 14A WOULD BE RESTRICTED TO RS. 4, 55,656. THE COMPUTATION OF THE SAID WORKING IS ATTACHED HEREWITH. THIS IS SUBJ ECT TO THE ASSESSEE'S FIRST CONTENTION THAT IN VIEW OF NET INTEREST INCOME EARN ED BY THE ASSESSEE, NO DISALLOWANCE WHATSOEVER IS WARRANTED U/S. 14A IN AS SESSEE'S CASE. 6. REGARDING INTEREST FREE FUNDS AVAILABLE WI TH THE ASSESSEE AS AGAINST THE INVESTMENTS CONSIDERED FOR THE PURPOSE OF DISALLOWA NCE U/S. 14A, WE HAVE TO BRING TO YOUR HONOURS' KIND NOTICE AS UNDER- THE A.O. HAS INVOKED THE PROVISION OF SECTION 14A O N THE GROUND THAT INVESTMENTS MADE IN THE PARTNERSHIP FIRM FROM WHICH SHARE OF PROFIT RECEIVED BY THE ASSESSEE IS EXEMPT U/S. 10[2A], THE A.O. HAS CONSIDERED THE SAID INVESTMENTS WHICH ARE TABULATED ON PAGES 14 AND 15 OF CIT(A)'S ORDER AS WELL AS REPRODUCED ON PAGE 3 OF THIS SYNOPSIS. OUT OF TH E SAID TOTAL INVESTMENTS OF RS. 23,10,84,572/-, THE LD. CIT(A) HAS DELETED THE FOLLOWING INVESTMENTS, AS DISCUSSED ON PAGES 15 AND 16 OF HIS APPELLATE ORDER :- 1. INVESTMENTS IN GOKULDHAM DEVELOPERS OF RS. 19,54,48,257 2 INVESTMENTS IN IMMOVABLE PROPERTIES OF RS. 11,37,240 TOTAL INVESTMENTS DELETED OF RS. 19,65,85,497 ITA NO.2038/AHD /2011 GOYAL & CO. (CONST) PVT.LTD. VS. DCIT ASST.YEAR 2008-09 - 7 - THUS, THE BALANCE INVESTMENTS TO BE CONSIDERED FOR THE PURPOSE OF SECTION 14A WORKS OUT AS UNDER- 1. INVESTMENTS OF PARTNERSHIP FIRM M/S SHAHIBAUG DEVELOPERS RS. 3,14,99,076 2 SHARES IN SGV INFRASTRUCTURE PVT. LTD. RS. 30,00,000 TOTAL INVESTMENTS TO BE CONSIDERED FOR SECTION 14A RS. 3,44,99,076 AS AGAINST THIS, THERE ARE INTEREST FREE FUNDS AVAI LABLE WITH THE ASSESSEE AS UNDER:- 1. SHARE CAPITAL RS. 3,02,76,000 2 RESERVES AND SURPLUS RS. 8,47,84,324 TOTAL INTEREST FREE FUNDS AVAILABLE RS. 11,50,60,324 THUS, FROM THE ABOVE, YOUR HONOURS WILL APPRECIATE THAT THERE ARE SUFFICIENT INTEREST FREE FUNDS OF RS. 11,50,60,324 AVAILABLE, AS AGAINST THE INVESTMENTS OF RS. 3,44,99,076. ON THIS GROUND ALSO, NO INTEREST D ISALLOWANCE U/S. 14A CAN BE MADE. KINDLY REFER PAGES 8 TO 12 OF CIT(A)'S ORDER WHEREIN ASSESSEE'S ARGUMENTS ON THE ABOVE ISSUE HAVE BEEN REPRODUCED B Y THE LD. CIT(A), 7. REGARDING DISALLOWANCE OF ADMINISTRATIVE E XPENSES U/S. 14A OF RS. 1,33,745 BEING 0.5% OF RS. 2,67,49,109 BEING AVERAG E INVESTMENT IS BASED ON FORMULA ADOPTED IN RULE 8D. AS A.O. HAS NOT ESTABL ISHED ANY NEXUS OF THE EXPENDITURE INCURRED WITH EARNING OF TAX FREE INCOM E AND HAS MADE DISALLOWANCE ONLY ON THE BASIS OF PRESUMPTION OF IN CURRENCE THEREOF FOR THE PURPOSE OF EARNING TAX FREE INCOME. IT IS SUBMITTE D THAT NO DISALLOWANCE CAN BE MADE ONLY ON ESTIMATION THAT SOME EXPENDITURE MU ST HAVE BEEN INCURRED [KINDLY REFER PAGES 11 AND 12 OF CIT(A)S ORDER. H ENCE, THE ENTIRE ADDITION CONFIRMED BY CIT(A) OF RS.14,05,012 REQUIRES TO BE DELETED. FOR GOYAL & CO.(CONST) PVT.LTD. SD/- PLACE: AHMEDABAD P.M. MEHTA DATE : 10.02.2015 (AUTHORISED PE RSON) ITA NO.2038/AHD /2011 GOYAL & CO. (CONST) PVT.LTD. VS. DCIT ASST.YEAR 2008-09 - 8 - CHART PARTICULARS AMOUNT RS/- AMOUNT RS/- 1. INTEREST EXPENDITURE 2,65,14,704 LESS 1,98,00,650 - (CIT(A) PAGE-16 67,14,054 (A) --------------- 67,14,054 2. INVESTMENT RESULTING INTO GENERATION OF TAX FREE INCOME AMOUNT AS ON 31/03/2007 1,89,99,141 AMOUNT AS ON 31/03/2008 3,44,99,076 5,34,98,217 AVERAGE INVESTMENT (B) -------------- 2,67,49,108 3. WORKING OF AVERAGE TOTAL ASSETS AMOUNT AS ON 31/03/2007 47,99,84,321 AMOUNT AS ON 31/03/2008 63,58,24,342 11,158,08,663 AVERAGE TOTAL ASSETS (C) 55,79,04,331 4. DISALLOWANCE U/S.14A AS PER RULE 8D I) INTEREST EXPENDITURE A X B/C = 67,14,054 X 2 ,67,49,108 = 3,21,910 55,79,04,331 II) ADMINISTRATIVE EXPENDITURE (0.5% X B) 0.5% X 2, 67,49,108 =1,33,746 TOTAL DISALLOWANCE U/S.14A 4,55,656 ITA NO.2038/AHD /2011 GOYAL & CO. (CONST) PVT.LTD. VS. DCIT ASST.YEAR 2008-09 - 9 - 4.1. ON A SPECIFIC QUERY BY THE BENCH, WHETHER THE REVENUE HAS FILED ANY APPEAL AGAINST THE ORDER OF THE LD.CIT(A), IT W AS SUBMITTED BY THE LD.SR.DR THAT NO SUCH APPEAL HAS BEEN FILED. THE ASSESSEE HAS GIVEN A SEPARATE CHART. BOTH THE REPRESENTATIVES OF THE PA RTIES AGREED THAT THE ISSUE BE RESTORED TO THE FILE OF LD.CIT(A) FOR VERI FICATION OF THE COMPUTATION MADE BY THE ASSESSEE. THEREFORE, THE MATTER IS RESTORED TO THE FILE OF LD.CIT(A) TO VERIFY THE CORRECTNESS OF THE CLAIM OF THE ASSESSEE AS COMPUTED IN THE SO-CALLED CHART ENCLOSED ALONG W ITH THE WRITTEN SYNOPSIS BY THE ASSESSEE. THUS, GROUNDS RAISED I N THE ASSESSEES APPEAL ARE ALLOWED FOR STATISTICAL PURPOSES. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE COURT ON THURSDAY, THE 26 TH DAY OF FEBRUARY, 2015 AT AHMEDABAD. SD/- SD/- ( .. ) ( ) ( N.S. SAINI ) ( KUL BHARAT ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 26 / 02 /2015 2*..,(.../ T.C. NAIR, SR. PS ITA NO.2038/AHD /2011 GOYAL & CO. (CONST) PVT.LTD. VS. DCIT ASST.YEAR 2008-09 - 10 - !'#$%&' &$ / COPY OF THE ORDER FORWARDED TO : 1. # / THE APPELLANT 2. $% # / THE RESPONDENT. 3. 345 6 / CONCERNED CIT 4. 6 ( ) / THE CIT(A)-VIII, AHMEDABAD 5. 7(8$45 , *45. , 3 / DR, ITAT, AHMEDABAD 6. 8:;<) / GUARD FILE. ! / BY ORDER, %7$ //TRUE COPY// / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD 1. DATE OF DICTATION .. 20.2.15 (DICTATION-PAD 5- PAGES ATTACHED AT THE END OF THIS FILE) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER ..23.2.15 3. OTHER MEMBER... 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. P.S./P.S.26.2.15 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 26.2.15 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