Appeal Details
Counselvise Citation
[2011] 134 COUNSELVISE.COM (IT) 6728 (ITAT-AHMEDABAD)
Assessee PAN
Bench
Appeal Number
CRN Number
Duration Of Justice
8 month(s) 25 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
29-04-2011
Appeal Filed By
Assessee
Order Result
Partly Allowed
Bench Allotted
D
Next Hearing Date
06-04-2011
Assessment Year
2007-2008
Appeal Filed On
03-08-2010
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH D BEFORE SHRI MUKUL KR. SHRAWAT, JUDICIAL MEMBER AND SHRI D.C. AGRAWAL, ACCOUNTANT MEMBER DATE OF HEARING : 06/04/2011 DRAFTED ON: 2 5/04/2011 ITA NO.2441/AHD/2010 ASSESSMENT YEAR : 2007-08 RAVIRATNA MOTORS PVT.LTD. OPP. YOGI PETROL PUMP N.H. NO.8, ZADESHWAR BARUCH 392 011 VS. THE JT.CIT RANGE-4 SURAT PAN/GIR NO. : AABCR 7938 L ( APPELLANT ) .. ( RESPONDENT ) APPELLANT BY : SHRI R.N. VEPARI, A.R. RESPONDENT BY: MRS. CHHAVI ANUPAM, CIT-D.R. O R D E R PER SHRI MUKUL KR. SHRAWAT, JUDICIAL MEMBER : THIS IS AN APPEAL AT THE BEHEST OF THE ASSESSEE W HICH HAS EMANATED FROM THE ORDER OF THE LEARNED CIT(APPEALS) -IV, SURAT DATED 04/05/2010 PASSED FOR ASSESSMENT YEAR 2007-08. 2. GROUND NO.(I): DETERMINATION OF PROFIT & LOSS A /C. AS PER SECTION 145A OF THE ACT:- (1) THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS) ER RED IN CONFIRMING RECASTING OF THE PROFIT & LOSS A/C. BY M AKING ADDITION OF RS.1,03,10,053/- BY MISINTERPRETING PRO VISIONS OF SECTION 145A OF THE ACT. (2) THE APPELLANT SUBMITS THAT THE LEARNED COMMISSIONER OF INCOME-TAX(APPEALS) ERRED IN FACTS AND LAW BY MISCO NSTRUING THE PROVISIONS OF SECTION 145A AND THUS CONFIRMING THE AFOREMENTIONED ADDITION. ITA NO.2441/AHD /2010 RAVIRATNA MOTORS PVT.LTD. VS. JT.CIT ASST.YEAR 2007-08 - 2 - (3) ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE ADD ITION IS REQUIRED TO BE DELETED. 2.1 FACTS IN BRIEF AS EMERGED FROM THE CORRESPOND ING ASSESSMENT ORDER PASSED U/S. 143(3) OF THE I.T. ACT, 1961 DATED 30/ 12/2009 WERE THAT THE ASSESSEE-COMPANY IS AN AUTHORIZED DEALER OF MARUTI UDYOG LTD. AND ENGAGED IN THE BUSINESS OF TRADING PASSENGER CARS, MARTUI SPARE PARTS USED IN SUCH VEHICLES AND PROVIDING SERVICE IN THE NATURE OF REPAIRS AND MAINTENANCE OF SUCH VEHICLES. A RETURN WAS FILED DECLARING INCOME OF RS.52,92,530/-. AS AGAINST THAT THE AO HAS RECO MPUTED THE PROFIT & LOSS ACCOUNT AND AS PER THE SAID RECASTED PROFIT & LOSS ACCOUNT THE NET PROFIT WAS COMPUTED BY THE AO AT RS.1,40,62 ,585/-. FINALLY, THE TOTAL TAXABLE INCOME WAS COMPUTED AT RS.1,92,25 ,942/-. THE ADDITIONS WERE ON ACCOUNT OF AN OBSERVATION OF THE AO THAT THE ASSESSEE-COMPANY HAD ACCOUNTED ITS SALES AT NET OF VAT A MOUNT IN PROFIT & LOSS ACCOUNT. ON THE OTHER HAND, PURCHASES HAVE BEEN ACCOUNTED BY INCLUDING THE CST AMOUNT. IT HAS ALSO BEEN NOTED BY THE AO THAT AS PER THE SALES REGISTER AND THE CO NNECTED VOUCHERS THE VAT AMOUNT WAS DULY RECEIVED BY THE ASSESSEE. THE ASSESSEE HAS MADE PURCHASES OF STOCK FROM FOUR SOURCES, VIZ. MARUTI UDHYOG, AUTHORISED MARUTI DEALERS, SPARE PARTS DEALERS AND THROUGH TRUE VALUE PURCHASES. IT WAS ALSO EXPLAINED THAT THE A SSESSEE PAID CST AT THE RATE OF 3% AT THE BASIC VALUE OF THE GOODS. SUCH CST IS ELIGIBLE FOR SET OFF AGAINST ENTRY TAX AND CREDIT I S ALSO GIVEN AGAINST THE LIABILITY OF CST AND ENTRY TAX. IT HAS ALSO BEE N EXPLAINED THAT THE GOODS SUFFERED ENTRY TAX OF STATE OF GUJARAT. THE RATE OF TAX WAS AT ITA NO.2441/AHD /2010 RAVIRATNA MOTORS PVT.LTD. VS. JT.CIT ASST.YEAR 2007-08 - 3 - 12%, HOWEVER, THE LIABILITY TO PAY CST IS SET OFF A GAINST THE CREDIT OF CST PAID ON SUCH GOODS. IT HAS ALSO BEEN EXPLAINED THAT THE ENTRY TAX SO PAID IN TURN IS CREDITED AND SET OFF IS GIVE N AGAINST LIABILITY TO PAY VAT. IN RESPECT OF PURCHASES, THE COMMENT OF THE AO WAS AS UNDER:- 2.2.C. DURING THE YEAR, THUS WHILE PURCHASING AND MAKING AVAILABLE THE STOCK-IN-TRADE FOR SALE, THE ASSESSEE HAS PAID THREE DIFFERENT TYPES OF TAXES ON WHICH IT CAN AVAIL CRED IT WHILE REMITTING OTHER TAXES PAYABLE. HOWEVER, THE ASSESSEE HAS GIV EN DIFFERENT TREATMENT TO EACH OF THEM IN ITS P&L ACCOUNT. IT H AS ROUTED CST THROUGH P&L ACCOUNT WHILE ENTRY TAX HAS NOT BEEN RO UTED AT ALL AND STATE VAT HAS BEEN DEBITED ALONG WITH PURCHASES WHEREAS THE SAME HAS NOT BEEN CREDITED ALONG WITH SALES. 2.2.D. IN THE INSTANCE CASE THE ASSESSEE HAS NEVER CARRIED OUT ANY INTERSTATE SALE. IT IS ALSO SUBMITTED THAT CREDIT OF CST AGAINST LIABILITY OF ENTRY TAX HAS NOT BEEN AVAILED AT ANY TIME. 2.2. IN RESPECT OF THE SALES, THE OBSERVATION OF THE AO WAS AS UNDER: 2.2.E. HOWEVER, AS REGARDS VAT, THE A EXCLUDED VA T RECEIVED ON SALES FROM P&L ACCOUNT WHILE INCLUDING CST PAID ON PURCHASES. THIS RESULTS IN NON-MATCHING MEANING TH EREBY THAT RECEIPTS AND PAYMENTS OF SIMILAR NATURE HAS NOT BEE N GIVEN THE SAME TREATMENT. COPY OF PURCHASE VOUCHER, COPY OF PURCHASE REGISTER, COPY OF SALES VOUCHER AND COPY OF SALES R EGISTER ARE ENCLOSED FOR READY REFERENCE. (ANNEXURE-I). 2.3. THEREAFTER, THE AO HAS DISCUSSED THE PROVISION S OF SECTION 145A OF THE I.T. ACT. HE HAS OBSERVED THAT IF THE BASIS OF VALUATION OF OPENING AND CLOSING STOCK DO NOT TAKE INTO ACCOU NT ALL THE RELATED ITA NO.2441/AHD /2010 RAVIRATNA MOTORS PVT.LTD. VS. JT.CIT ASST.YEAR 2007-08 - 4 - COST AND EXPENSES INCURRED IN PROCURING THE GOODS, THEN COST OF SUCH RAW-MATERIAL IS NOT A PROPER METHOD OF VALUATION IN STOCK. NARRATING BRITISH PAINTS 188 ITR 44, THE AO HAS NOTED THAT BY ADOPTING IMPROPER METHOD THERE WAS SUPPRESSION OF TAXABLE IN COME. AS PER AO, THE CORRECT PROFIT COULD NOT BE DEDUCED, HENCE, PROPOSED TO RECAST THE PROFIT & LOSS ACCOUNT AND THERE THE SALES WERE TAKEN AS PER THE SALES REGISTER AND NOT AS PER THE NET OF VA T. THE AO HAS REJECTED THE METHOD OF ACCOUNTING OF THE ASSESSEE A ND RECASTED AFRESH THE PROFIT & LOSS ACCOUNT. THERE WAS ONE MO RE OBSERVATION IN RESPECT OF SERVICE TAX OF RS.13,84,419/- WHICH WAS CLAIMED UNDER THE HEAD INDIRECT EXPENSES. IT WAS NOTED BY THE AO THAT THE SERVICE TAX RECEIPTS HAVE NOT BEEN SHOWN IN THE PRO FIT & LOSS ACCOUNT. AS PER AO, AN EXPENDITURE COULD NOT BE AL LOWED WITHOUT CORRESPONDING INCOME. IT WAS SUBMITTED DURING THE COURSE OF PROCEEDINGS THAT PART OF THE SUM PERTAINED TO THE C URRENT YEAR BUT THROUGH INADVERTENCE THE ENTIRE SUM WAS CLAIMED IN THE PROFIT & LOSS ACCOUNT. THE AO HAS REJECTED THE SAID CLAIM A S IT WAS NOT ACCORDING TO THE CORRECT METHOD OF ACCOUNTING. THE AO HAS CONCLUDED THAT THE ASSESSEE HAD NOT INCLUDED THE SE RVICE TAX RECEIPT COMPONENT IN THE RECEIPTS BUT ON THE OTHER HAND CL AIMED THE EXPENDITURE. THE ENTIRE CLAIM WAS DISALLOWED. TH E MATTER WAS CARRIED BEFORE THE FIRST APPELLATE AUTHORITY. ITA NO.2441/AHD /2010 RAVIRATNA MOTORS PVT.LTD. VS. JT.CIT ASST.YEAR 2007-08 - 5 - 3. THE LD.CIT(A) EXAMINED THE FACTS AND, THEREAFTER , CONCLUDED THAT THE AO WAS JUSTIFIED IN RECASTING THE PROFIT & LOSS ACCOUNT. IN HIS OPINION, THE AO HAS ACTED AS PER THE PROVISIONS OF SECTION 145A OF THE ACT. THERE SHOULD BE CONSISTENCY IN RECOR DING THE SALES AND PURCHASES IN THE ACCOUNT AND NOW SECTION 145A OF TH E ACT HAS PROVIDED THAT THE OPENING STOCK, PURCHASES, SALES A ND CLOSING STOCK SHOULD BE ACCOUNTED FOR INCLUSIVE OF ALL TAXES AND DUTIES. HE HAS HELD THAT SECTION 145A OF THE ACT IS A MANDATORY PR OVISION AND REQUIRED TO BE FOLLOWED. SINCE THE ASSESSEE HAS NO T SHOWN THAT IN VALUING THE CLOSING STOCK, THE AMOUNT OF ENTRY TAX, VAT AND SERVICE TAX WAS INCLUDED, THEREFORE, THE VALUATION WAS NOT AS PER THE PROVISIONS. THE AOS ACTION WAS CONFIRMED. THE MAT TER WAS CARRIED FURTHER IN APPEAL. 4. FROM THE SIDE OF THE APPELLANT, MR. R.N. VEPARI, LEARNED AUTHORISED REPRESENTATIVE APPEARED AND, AT THE OUT SET, STATED THAT AS FAR AS THE PROVISIONS OF LAW IS CONCERNED, THERE IS NO DISPUTE BUT THE MAJOR DISPUTE IN RESPECT OF CERTAIN DEFECTS FOUND I N THE RECASTED PROFIT & LOSS ACCOUNT BY THE AO. THROUGH A CHART WHICH IS REPRODUCED HEREINBELOW, IT WAS POINTED OUT THAT IF THOSE DEFECTS BE REMOVED AND THE ACCOUNTS BE RECONCILED, THEN THERE IS A NET DEDUCTION OF RS.1,09,63,161/- AS AGAINST THE PROFIT COMPUTED BY THE AO AS PER THE RECASTED PROFIT & LOSS ACCOUNT OF RS. 1,40,62,584/-. THE SAID CHART IS REPRODUCED BELOW:- ITA NO.2441/AHD /2010 RAVIRATNA MOTORS PVT.LTD. VS. JT.CIT ASST.YEAR 2007-08 - 6 - ERROR NO. PARTICULARS PROFIT TO BE INCREASED DECREASED 1. OPENING STOCK INCREASED BY ENTRY TAX @ 12% AND TO BE TAKEN @ 9.65% (PAGES 1 AND 1.1 TO 1.4) 2,444,589 1,965,857 478,732 2. CLOSING STOCK INCREASED @ 12% TO BE TAKEN @ 9.6% 4,977.996 4,003,138 974,857 3. PURCHASE FIGURE WRONGLY TAKEN AT AS PER ACTUAL PURCHASE DEBITED TO PROFIT & LOSS A/C (PAGES 3 & 3.1 TO 3.3) 584,024,711 576,578,548 7,446,163 4. THIS CONSISTS OF TWO PARTS : SERVICE TAX ON LABOUR OF BHARUCH DIVISION TAKEN AT IT SHOULD BE AS EXPLAINED ON PAGES 4/5 ALONGWITH CHART SERVICE TAX RELATING TO ANKLESHWAR DIVISION NOT ADDED ACTUAL AMOUNT TO BE ADDED FOR BHARUCH DIVISION ACTUAL AMOUNT TO BE ADDED FOR ANKLESHWAR DIVISION TOTAL TO BE ADDED LESS:ACTUALLY ADDED (PAGES 4-5 & 4.1 TO 4.31) 1,134,239 1,125,971 250,045 1,125,971 250,045 1,376,016 1,134,239 241,777 5. THIS ALSO CONSISTS OF TWO PARTS: GRANTING OF DEDUCTION OF SERVICE TAX 555,446 555,446 ITA NO.2441/AHD /2010 RAVIRATNA MOTORS PVT.LTD. VS. JT.CIT ASST.YEAR 2007-08 - 7 - (TO BE ADDED TO INCOME AS DEDUCTION GIVEN TWICE) DEDUCTION TO BE GIVEN FOR ACTUAL SERVICE TAX PAID AS WORKED OUT IN 4 ABOVE (PAGES 6 & 7) 1,376,016 1,376,016 6. 6,7 & 8 RELATE TO DEDUCTION NOT GIVEN IN RESPECT OF VAT COLLECTED AND ADDED IN SALES RS.6,72,02,277 6 RELATES TO VAT UNPAID ON LAST DAY OF YEAR AND ALLOWABLE U/S.43B AMOUNTING TO RS.1,14,53,221 (PAID BETWEEN 5.4.2007 & 27.4.2007) I.E. PAID BEFORE DUE DATE OF FILING OF RETURN (PAGES 8,9,& 6.1 TO 6.6) 11,453,221 7. ADJUSTMENT OF VAT AGAINST PURCHASES: BHARUCH 53,33,803 ANKLESH- WAR 1,20,603 54,54,406 (PAGES 10-11 AND 7.1 TO 7.9) 5,454,406 8. FAILURE TO GRANT DEDUCTION VAT PAID DURING THE YEAR (PAGES 12 AND 8.1 TO 8.12) 426,779 TOTAL RS. 8,722,118 19,685.279 NET REDUCTION RS. 10,963,161 ITA NO.2441/AHD /2010 RAVIRATNA MOTORS PVT.LTD. VS. JT.CIT ASST.YEAR 2007-08 - 8 - 5. FROM THE SIDE OF THE REVENUE, MRS. CHHAVI ANUPAM , CIT-DR APPEARED AND SUPPORTED THE ACTION OF THE AO AND CIT (A). IT WAS ARGUED THAT AFTER THE CHANGE IN THE STATUTE BY THE INVOCATION OF SECTION 145A OF THE ACT, THE TAXES ARE REQUIRED TO BE ACCOUNTED FOR IN THE BOOKS OF ACCOUNTS, HOWEVER, THE SAID DEFECT WAS DETECTED, HENCE, THE IMPUGNED ADDITION WAS MADE. 6. WE HAVE HEARD BOTH THE SIDES AND CAREFULLY PERUS ED THE MATERIAL PLACED BEFORE US. THE PROVISIONS OF SECTI ON 145A HAVE BEEN INSERTED WITH EFFECT FROM 1 ST APRIL-1999. IT PROVIDES THAT WHILE COMPUTING THE VALUE OF THE INVENTORY AS ON THE 1 ST AND THE LAST DAY OF THE PREVIOUS YEAR, THE COMPUTATION ACCORDING TO THE METHOD OF ACCOUNTING REGULARLY EMPLOYED BY THE ASSESSEE, SHAL L BE ADJUSTED TO INCLUDE THE AMOUNT OF ANY TAX, DUTY, CESS OR FEES P AID OR LIABILITY INCURRED FOR THE SAME UNDER ANY LAW IN FORCE. THE AMENDMENT IS INTENDED WITH EFFECT FROM 1999-2000. THE ASSESSMENT YEAR UNDER CONSIDERATION IS 2007-08. AS FAR AS THE PRESENT APPEAL IS CONCERNED, WE ARE WITH THE REVENUE DEPARTMENT THAT ADOPTING THE GROSS METHOD FOR PURCHASES AND NET METHOD FOR U NSOLD STOCK AT THE END OF THE YEAR IS NOT CONSISTENT AND SHOULD NOT BE PERMISSIBLE. AFTER RECORDING THIS FINDING, WE HAVE EXAMINED T HE PLEADING OF THE ASSESSEE IN THE LIGHT OF THE CHART REPRODUCED SUPRA. IT IS STATED THAT WHILE RECASTING THE PROFIT & LOSS ACCOUNT, THE AO ITA NO.2441/AHD /2010 RAVIRATNA MOTORS PVT.LTD. VS. JT.CIT ASST.YEAR 2007-08 - 9 - HAS FAULTED IN THE COMPUTATION OF CERTAIN ADJUSTMEN TS. LD.AR HAS DRAWN OUR ATTENTION TO SUCH EIGHT ERRORS AND THEN PLEADED THAT IF THOSE ERRORS ARE REMOVED, WHICH ARE ARITHMETICAL ER ROR, THEN THE NET RESULT SHOULD BE THAT THE ENTIRE ADDITION SHALL GET REDUCED BY AN AMOUNT OF RS.1,09,63,161/-. THE ERRORS (1 TO 8) HA VE BEEN DISCUSSED AS BELOW:- ERROR REFERENCE 1: ASSESSING OFFICER WHILE GROSSING UP OPENING STOCK U/S.145A, HAS WORKED OUT ENTRY TAX ON NEW CAR PURCH ASES @ 12% ON THE VALUE OF PURCHASES WHEREAS ENTRY TAX APPLICABLE WOULD BE ONLY @ 9.65% AS PER THE EXTRACT OF THE GUJARAT TAX ON ENTRY OF SPECIFIED GOODS INTO LO CAL AREAS ACT, 2001 (PAGE 1.1 TO 1.3). TO SUPPORT, I AM APPENDING A TAX-PAID CHALLAN TO DEMONSTRATE THAT ACTUAL ENTRY TAX REQUIRING GROSSIN G UP WILL BE ONLY AT 9.65% (PAGE 1.4). ACCORDINGLY, THOUGH ASSESSING OFFICER HAS WORKED OU T RS.24,44,589.48 ON NEW CAR PURCHASES OF RS.2,03,71,579.18 (COMPRISED WITHIN RS.2,71,47,728. 43) @ 12%, THE SAME WOULD GET REDUCED TO RS.19,65,857 @ 9.65%. THUS, THE ADDITIONAL RELIEF GIVEN BY THE ASSESSING OFFICER TO THE EXTENT OF RS.4,78,732 (RS.24,44,589 RS.19,65,857) IS REQUIRED TO BE WITHDRAWN AS SHOWN BELOW: DEDUCTION GRANTED BY THE ASSESSING OFFICER CONSIDERING 12% ENTRY TAX ON NEW CAR PURCHASE OF RS.2,03,71,579 RS.24,44,589 DEDUCTION THAT SHOULD BE GRANTED RS.19,65,857 ITA NO.2441/AHD /2010 RAVIRATNA MOTORS PVT.LTD. VS. JT.CIT ASST.YEAR 2007-08 - 10 - WORKED OUT @ 9.65% ON NEW CAR PURCHASES OF RS.2,03,71,579 NET ADDITION TO THE INCOME RS.4,78,732 ERROR REFERENCE 2: ON THE ANALOGY OF ARGUMENTS PLACED IN ERROR REFERE NCE 1, THE INCOME IS REQUIRED TO BE REDUCED BY RS.9,74 ,857 WITH RESPECT TO CLOSING STOCK. ADDITIONAL INCOME SHOWN BY THE ASSESSING OFFICER CONSIDERING 12% ENTRY TAX ON NEW CAR SOLD OF RS.4,14,83,296.97 RS.49,77,995 THE INCLUSION IN TERMS OF SECTION 145A SHOULD HAVE BEEN WORKED OUT @ 9.65% ON NEW CAR SOLD OF RS.4,14,83,296.97 RS.40,03,138 INCOME IS REQUIRED TO BE REDUCED BY RS.9,74,857 ERROR REFERENCE 3: ASSESSING OFFICER HAS INCORRECTLY PICKED THE PURCHA SE FIGURE FROM THE PURCHASE REGISTER OF RS.58,40,24,71 1.33 WHICH ASSESSING OFFICER HAS REFERRED AT PAGE-10 APPENDED TO HIS ASSESSMENT ORDER (THE SAME ARE AGAI N REPRODUCED ON PAGE 3.1 TO 3.3). WHERE THE A.O. HAS FUNDAMENTALLY GONE WRONG IS IN PICKING THE FIGURES. WHILE HE BASED HIS ASSESSING OFFICER AS PER THE PROFIT & LOSS ACCOUNT STATED ON PAGE 11 AND 12 APPENDED TO THE ASSESSING OFFICER, WHICH CONTAIN ED PROFIT OF ANKLESHWAR DIVISION OF RS.9,36,484.68, HOWEVER, HE SEEMINGLY INCORRECTLY PICKED THE PURCHA SE AMOUNT OF RS.58,40,24,711.33 FROM THE PURCHASE REGISTER, WHICH INCLUDED PURCHASE OF ANKLESHWAR DIVISION AS WELL, INSTEAD OF RS.57,65,78,548. ITA NO.2441/AHD /2010 RAVIRATNA MOTORS PVT.LTD. VS. JT.CIT ASST.YEAR 2007-08 - 11 - THUS, THE ADDITIONAL RELIEF GIVEN BY THE ASSESSING OFFICER TO THE EXTENT OF RS.74,46,163 (RS.58,40,24,711 RS.57,65,78,548) IS REQUIRED TO BE WITHDRAWN AS SHO WN BELOW: DEDUCTION OF PURCHASES GRANTED BY THE ASSESSING OFFICER RS.58,40,24,711 THE CORRECTED AMOUNT AS PER THE TRIAL BALANCE AFTER CONSIDERING ALL THE EFFECTS TO THE FIGURE GIVEN IN THE LEDGER RS.57,65,78,548 NET ADDITION TO THE INCOME RS.74,46,163 ERROR REFERENCE 4: DURING THE YEAR UNDER REVIEW, ASSESSEE HAD PAID FOLLOWING SERVICE TAX IN RESPECT OF WORKSHOP INCOME . SERVICE TAX PAID DURING FINANCIAL YEAR 2006-07 (IN RS.) EVIDENCE REFERENCE SERVICE-TAX ON WORKSHOP LABOUR FOR THE FINANCIAL YEAR 2006-07 OF BHARUCH DIVISION 11,25,971 PAGE 4.1 TO 4.16 SERVICE-TAX ON WORKSHOP LABOUR FOR THE FINANCIAL YEAR 2006-07 OF ANKLESHWAR DIVISION 2,50,045 PAGE 4.17 TO 4.31 13,76,016 WHILE INCLUDING SERVICE TAX ELEMENT TO THE INCOME, ASSESSING OFFICER HAS INCORRECTLY WORKED OUT AMOUNT OF RS.11,34,238.54 BEING 12.24% (12% SERVICE TAX + 2% EDUCATION CESS ON THE INCOME PORTION), WHILE THE ACTUAL AMOUNT SHOULD BE RS.11,33,200 THAT TOO ONLY OF BHARUCH DIVISION. THIS IS BECAUSE SERVICE TAX W AS ITA NO.2441/AHD /2010 RAVIRATNA MOTORS PVT.LTD. VS. JT.CIT ASST.YEAR 2007-08 - 12 - APPLICABLE @ 10.20% UPTO THE END OF APRIL 2006 AND SERVICE TAX RATE WAS ENHANCED TO 12.24% ONLY WITH EFFECT FROM MAY, 2006. THIS RESULTED IN DIFFERENCE OF RS.1,038. IT MAY BE NOTED THAT THIS SUM IS ONLY IN RESPECT OF SERVICE TAX RELATING TO WORKSHOP LABOUR. THIS SUM OF RS.11,33,200 IS ALSO REQUIRED TO BE REDUCED BY RS.7,229 BEING SERVICE-TAX RELATING TO EARLIER YEAR. THUS, THE NET SUM OF BHARUCH DIVISIO N WOULD BE RS.11,25,971 (RS.11,33,200 RS.7,229). THIS CAN BE REFERENCED FROM THE LEDGER EXTRACTS AND TAX PAID CHALLANS APPENDED AS EVIDENCE (PAGE 4.1 TO 4.16). BESIDES, THE ASSESSING OFFICER IN HURRIEDLY FINALIZ ING THE ASSESSING ORDER FAILED TO INCLUDE SERVICE-TAX RELATING TO ANKLESHWAR DIVISION TO THE EXTENT OF RS.2,50,045. THE RELEVANT EVIDENCE CAN BE REFERENCED AT PAGE NO.4.17 TO 4.31. THIS ERROR HA S OCCURRED PRIMARILY BECAUSE THE ASSESSING OFFICER ADOPTED P & L ACCOUNT AS PER PAGE 11 AND 12 APPENDED TO THE ASSESSMENT ORDER, WHICH INCLUDED BASIC STATISTICS OF BHARUCH DIVISION, WHILE TAKING DERIVED PROFIT OF ANKLESHWAR DIVISISION. THUS, THE PROFIT & LOSS ACCOUNT IS REQUIRED TO BE ENHANCED WITH RS.13,76,016 INSTEAD OF RS.11,34,239 STATED BY THE ASSESSING OFFICER. THE SAME IS GIVEN AS UNDER: SERVICE-TAX RELATING TO BHARUCH DIVISION RS.11,25,9 71 SERVICE-TAX RELATING TO ANKLESHWAR DIVISION RS. 2,50,045 TOTAL RS.13,76,016 ITA NO.2441/AHD /2010 RAVIRATNA MOTORS PVT.LTD. VS. JT.CIT ASST.YEAR 2007-08 - 13 - THUS, THE INCOME IS REQUIRED TO BE ADDITIONALLY ENHANCED BY AS UNDER: INCOME REQUIRED TO BE ENHANCED AS PER SECTION 145A RS.13,76,016 LESS : INCOME ENHANCED BY THE ASSESSING OFFICER RS.11,34,239 NET ADDITION TO THE INCOME RS.2,41,777 ERROR REFERENCE 5: AT THIS ERROR REFERENCE, THE ASSESSING OFFICER HAS GRANTED DEDUCTION OF RS.5,55,446. THE SAME COMPRISES OF THE FOLLOWING: TYPE OF SERVICE PERIOD AMOUNT EVIDENCE REFERENCE APRIL-06 TO SEPTEMBER- 06 1,92,830 PAGE 72,73 AND 74 OF THE PAPER BOOK BUSINESS AUXILLARY SERVICE OCTOBER-06 TO MARCH- 07 3,53,984 PAGE 71,75 TO 81 OF THE PAPER BOOK SUB-TOTAL 5,46,814 EXCESS PAID 8,632 EXCESS PAID TOTAL 5,55,446 THE ABOVE SUM OF RS.5,46,814 IS ALREADY COVERED IN RS.13,84,419 (RS.1,92,830 + RS.3,53,984 + RS.2,68,475 + RS.5,69,130) WHICH IS ALREADY ALLOWED BY THE ASSESSING OFFICER. THIS RESULTS IN DUPLICAT ION OF ALLOWANCE. THE SAID SUM OF RS.13,84,419 CAN BE REFERENCED ON PAGE 12 APPENDED TO THE ASSESSMENT ORDER. HENCE, THE ENTIRE SUM OF RS.5,55,446 ALLOWE D ITA NO.2441/AHD /2010 RAVIRATNA MOTORS PVT.LTD. VS. JT.CIT ASST.YEAR 2007-08 - 14 - BY THE ASSESSING OFFICER IS REQUIRED TO BE ADDED TO THE INCOME. HOWEVER, INSTEAD, THE ASSESSING OFFICER WAS BOUND TO GIVE DEDUCTION OF RS.13,76,016 (EVIDENCE REFERENCE 4.1 TO 4.31). SINCE, THE SAME AMOUNT IS GROSSED UP FOR SECTION 145A PURPOSE AND PAID DURING THE FINANCIAL YEAR 2006-07 ITSELF. THUS, THE INCOME IS REQUIRED TO BE REDUCED AS TABULATED BELOW: SERVICE-TAX PAID DURING FINANCIAL YEAR 2006-07 REQUIRED TO BE ALLOWED. RS.13,76,016 SERVICE-TAX ALLOWED TWICE OF RS.5,55,446 BY THE ASSESSING OFFICER REQUIRING WITHDRAWAL. (RS.5,55,446) ERROR REFERENCE 6: ASSESSING OFFICER WHILE GROSSING UP ENTRY TAX/VAT FAILED TO COMPREHEND PROVISIONS OF SECTION 145A. RESULTANTLY, THE ASSESSING OFFICER ALLOWED VAT/ENTR Y TAX ONLY TO THE EXTENT OF RS.3,59,46,497 THAT IS TH E AMOUNT PAID DURING ASSESSMENT YEAR 2007-08 RELEVANT TO THE PREVIOUS YEAR 2006-07. SECTION 145A HAS AN INHERENT LINK WITH SECTION 43B. THE AMOUNT OF VAT/ENTRY TAX PAID IS ACTUALLY THE RESULT OF TOTAL SALES OF VARIOUS VEHICLES. UNDER VAT/ENTRY TAX LAW, THE AMOUNT THAT BECOMES DUE CAN ALSO BE PAID DURING YEAR SUBSEQUENT TO THE YEAR UNDER CONSIDERATION. THAT IS WHERE PROVISIONS OF SECTION 43B COME INTO PLAY. THE MATCHING PRINCIPLE OF THE ACCOUNTS REQUIRE THAT WHATEVER VAT/ENTRY TAX THAT IS COLLECTED IS ALSO PAID OR BECOMES PAYABLE. ITA NO.2441/AHD /2010 RAVIRATNA MOTORS PVT.LTD. VS. JT.CIT ASST.YEAR 2007-08 - 15 - DURING THE YEAR UNDER REVIEW, THE ASSESSEE COLLECTE D IN TOTAL A SUM OF RS.6,72,02,277, OF WHICH RS.1,14,53,221 REMAINED OUTSTANDING AS ON 31 ST MARCH, 2007, WHICH WERE DULY PAID IN THE MONTH OF APRIL, 2007 MUCH WELL BEFORE THE DUE DATE OF FILING OF RETURN OF INCOME THAT IS 31 ST OCTOBER, 2007. A SHEET IS ATTACHED WITH HIGHLIGHTS TO DEMONSTRATE HOW THE VAT/ENTRY TAX WERE COLLECTED DURING FINANCIAL YEAR 2006-07 AND SUBSEQUENTLY AID IN FINANCIAL YEAR 2007-08 (PAGE NO.6.1). VAT/ENTRY TAX PAID CHALLANS OF RS.1,14,53,221 ARE ALSO ATTACHED (PAGE NO.6.2 TO 6.5). THUS, A DEDUCTION OF A SUM OF RS.1,14,53,221 IS REQUIRED TO BE GIVEN U/S.43B AS SHOWN BELOW: DATE OF PAYMENT BANK AMOUNT PAID 5 TH APRIL, 2007 HDFC BANK LTD. RS.50,15,190 27 TH APRIL, 2007 HDFC BANK LTD. RS.55,62,485 28 TH APRIL, 2007 HDFC BANK LTD. RS.8,54,426 27 TH APRIL, 2007 HDFC BANK LTD. RS.21,120 RS.1,14,53,221 THIS ALSO CAN BE REFERENCED AS PER ANNEXURE A- NOTE NO.4 WITH REFERENCE TO CLAUSE NO.21(I)(B) OF THE TA X AUDIT REPORT (PAGE NO.6.6) (PAGE 41 OF THE PAPER BOOK). ERROR REFERENCE 7: ASSESSING OFFICER FAILED TO GIVE CREDIT UTILIZED TO THE EXTENT OF RS.54,54,406 (RS.53,33,803 RELATING TO BHARUCH DIVISION + RS.1,20,603 RELATING TO ANKLESHWAR DIVISION). TYPICALLY, SUCH CREDIT IS AVAILED OUT OF PURCHASES. AN ASSET IS CREATED BY REDUCING PURCHASES BECAUSE THE DUTY ELEMENT IN PURCHASES IS AVAILABLE FOR SET OFF FOR ANY DUTY ITA NO.2441/AHD /2010 RAVIRATNA MOTORS PVT.LTD. VS. JT.CIT ASST.YEAR 2007-08 - 16 - OBLIGATION AT A FUTURE DATE. WHEN SUCH OBLIGATION ARISES, EXPENDITURE IS DEBITED BY CREDITING THE ASS ET. A SHEET IS ATTACHED WITH HIGHLIGHTS TO DEMONSTRATE HOW THE VAT/ENTRY TAX WERE COLLECTED DURING F.Y.2006-07 AND SUBSEQUENTLY ADJUSTED (PAGE NO.7.1). WHEN EFFECTS ARE GIVEN TO PROVISIONS OF SECTION 145 A, DUTY PAID ALSO BECOMES AVAILABLE FOR DEDUCTION. SUCH DUTY COULD BE EITHER PAID IN CASH OR THE SAME COULD BE ADJUSTMENT AGAINST CREDIT WHICH IS AVAILED BY REDUCING THE PURCHASES. WHILE, THE ASSESSING OFFICER HAS ALLOWED ENTRY TAX OF RS.3,59,46,497 AND VAT PAID OF RS.1,39,21,374, HE HAS FAILED TO GRANT RELIEF FOR VAT/ENTRY TAX PAID THROUGH ADJUSTMENT OF CREDIT TO THE TUNE OF RS.54,54,406 (RS.53,33,803 + RS.1,20,603). AS FAR AS RS.53,33,803 IS CONCERNED, ADMITTEDLY, TH E ASSESSING OFFICER THOUGH APPENDED THE RELATED EVIDENCE AT ANNEXURE 4 OF THE ASSESSMENT ORDER, DID NOT GRANT CREDIT FOR THE SAME. I AM AGAIN ATTACHIN G THE SAID DOCUMENT WITH HIGHLIGHT (PAGE 7.2). EVEN OTHERWISE ALL THE HIGHLIGHTED AMOUNT AGGREGATING TO RS.54,54,406 CAN BE REFERENCED AT PAGE NO.61 TO 67 OF THE PAPERBOOK, WHICH ARE AGAIN ATTACHED AS PAGE 7.3 TO 7.9 AS EVIDENCE. ERROR REFERENCE 8: AT THIS REFERENCE, ASSESSING OFFICER FAILED TO GRAN T VAT PAID TO THE EXTENT OF RS.4,26,779. A SHEET IS ATTACHED WITH HIGHLIGHTS TO DEMONSTRATE HOW THE VAT/ENTRY TAX WERE COLLECTED DURING F.Y.2006-07 AND SUBSEQUENTLY ADJUSTED (PAGE NO.8.1). YOU SHALL OBSERVE FROM THE SHEET THAT RS.4,26,779 WERE PAID I N RESPECT OF LIABILITY RELATING TO ANKLESHWAR DIVISIO N OF THE ASSESSEE. ITA NO.2441/AHD /2010 RAVIRATNA MOTORS PVT.LTD. VS. JT.CIT ASST.YEAR 2007-08 - 17 - I AM APPENDING VAT TAX PAID CHALLANS AGGREGATING TO RS.4,26,779 ALONGWITH THE LEDGER EXTRACT PERTAINING TO THE F.Y. 2006-07 (PAGE 8.2 TO 8.12). THE AMOUNT OF VAT/ENTRY TAX PAID IS ACTUALLY THE RESULT OF COLLECTION OF SUCH VAT/ENTRY TAX ON SALES OF VARIOUS VEHICLES. THE MATCHING PRINCIPLE OF THE ACCOUNTS REQUIRE THAT WHATEVER VAT/ENTRY TAX THAT I S COLLECTED IS PAID OR BECOMES PAYABLE. IN THIS CASE, THE ASSESSEE PAID THE VAT TAX COLLECT ED TO THE EXTENT OF RS.4,26,779 RELATING TO ANKLESHWAR DIVISION. WHEN EFFECTS ARE GIVEN TO PROVISIONS OF SECTION 145 A, DULY PAID OR PAYABLE ALSO BECOMES AVAILABLE FOR DEDUCTION. WHILE, THE ASSESSING OFFICER HAS ALLOWED ENTRY TAX OF RS.3,59,46,497 AND VAT PAID OF RS.1,39,21,374, HE HAS MISSED TO GRANT RELIEF FOR VAT/ENTRY TAX PAID O F RS.4,26,779 OF VAT/ENTRY TAX PAID. 7. THE NEXT ARGUMENT OF THE ASSESSEE WAS IN RESPECT OF UNPAID VAT WHICH WAS OTHERWISE ALLOWABLE U/S.43B OF THE I. T.ACT. THE FACT RELATED TO THE EXACT DATES OF PAYMENT AND CONN ECTED EVIDENCE ARE YET TO BE EXAMINED AND BECAUSE OF THIS REASON WE DEEM IT PROPER TO RESTORE EVEN THIS PART OF THE PLE A BACK TO AO TO DECIDE AS PER LAW. IN THIS REGARD, WE HAVE TO EM PHASIZE THAT THE VALUATION METHOD FOR OPENING STOCK AND THE VALUATIO N METHOD FOR CLOSING STOCK HAS TO BE IDENTICAL AND THERE MUST NO T BE ANY VARIATION. THE AO IS EXPECTED TO EXAMINE THIS ASPECT AS WELL W HILE DECIDING THE QUANTUM OF VAT AT THE CLOSE OF THE ACCOUNTING P ERIOD. THIS GROIND IS ALLOWED PARTLY BUT FOR STATISTICAL PURPOSE ONLY . ITA NO.2441/AHD /2010 RAVIRATNA MOTORS PVT.LTD. VS. JT.CIT ASST.YEAR 2007-08 - 18 - 8. GROUND (II): DISALLOWANCE OF SERVICE TAX RS.13,8 4,419/- (1) ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LEA RNED COMMISSIONER OF INCOME-TAX (APPEALS) ERRED IN CONFI RMING THE DISALLOWANCE OF SERVICE TAX AMOUNTING TO RS.13, 84,419/-. (2) THE APPELLANT SUBMITS THAT THE DISALLOWANCE IS REQU IRED TO BE DELETED. 8.1. THIS GROUND PERTAINS TO SERVICE TAX AND IN THI S REGARD THE BIFURCATION SUBMITTED BEFORE US IS AS UNDER:- SERVICE-TAX PAID DURING F.Y.2006-07 (IN RS.) EVIDENCE REFERENCE RELATING TO F.Y.2004-05 2,68,475 PAGE NO. RELATING TO F.Y.2005-06 5,69,130 RELATING TO F.Y.2006-07 (APRIL, 06 TO SEPTEMBER, 06) 1,92,830 PAGE NO.72, 73 AND 74 OF THE PAPER BOOK SERVICE-TAX RELATING TO BUSINESS AUXILLARY SERVICES RELATING TO F.Y.2006-07 (OCTOBER, 06 TO MARCH, 07) 3,53,984 PAGE NO.71, 75 TO 81 OF THE PAPER BOOK TOTAL 13,84,419 8.2. THE SHORT SUBMISSION WAS THE SERVICE TAX RELA TED TO PAST THREE YEARS, HOWEVER WAS PAID DURING THE YEAR UNDER CONSI DERATION ALONG WITH THE SERVICE TAX OF THE YEAR. AN ARGUMENT WAS RAISED THAT ANY ITA NO.2441/AHD /2010 RAVIRATNA MOTORS PVT.LTD. VS. JT.CIT ASST.YEAR 2007-08 - 19 - CESS OR DUTY IS ALLOWABLE ON ACTUAL PAYMENT BASIS A S PRESCRIBED U/S.43B OF THE ACT. SINCE THE AMOUNT WAS PAID DURI NG THE YEAR UNDER CONSIDERATION THOUGH PART OF IT RELATED TO TH E PAST YEARS BUT TO BE ALLOWED ON ACTUAL PAYMENT BASIS. BUT BEFORE THA T, IT IS YET TO BE ASCERTAINED THAT THE LIABILITY OF SERVICE TAX HAD CRYSTALLIZED DURING THE YEAR UNDER CONSIDERATION AND IN SUPPORT A CLARIFICATION ISSUED BY CENTRAL BOARD OF EXCISE AND CUSTOMS BEARING NO.8 7/05/2006 ST DATED 06/11/2006 HAS BEEN RELIED UPON. SINCE TH E AO HAS NOT BEEN APPRISED OF THESE FACTS AND THE EVIDENCES, THE REFORE, NATURAL JUSTICE DEMANDS TO RESTORE THIS PART OF THE GROUND AS WELL FOR DE NOVO ADJUDICATION AFTER INVESTIGATION AND TO DECIDE AS P RESCRIBED UNDER LAW. THIS GROUND OF THE ASSESSEE MAY BE TREA TED AS ALLOWED FOR STATISTICAL PURPOSES. 9. GROUND (III) : DISALLOWANCE OF BAD DEBT / IMBURSEME NT LOSS:- (1) ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND AS P ER LAW, THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS) ERRED IN CONFIRMING THE DISALLOWANCE OF RS.1,94,137/-. 9.1. AN EXPENDITURE IN RESPECT OF FRAUD AND EMBEZZ LEMENT LOSS WAS CLAIMED. IT WAS INFORMED THAT A CUSTOMER MR.PRADEE P SOLANKI HAS PURCHASED A MARUTI OMNI MOTORCAR. A PAYMENT WAS MADE THROUGH A DEMAND DRAFT. THE DEMAND DRAFT TURNED OUT TO BE FAKE AND DISHONORNED BY THE BANK ON 15.3.2007. AN FIR HAS A LSO BEEN LODGED WITH THE POLICE AUTHORITIES. IT WAS FOUND T HAT THE ADDRESS OF ITA NO.2441/AHD /2010 RAVIRATNA MOTORS PVT.LTD. VS. JT.CIT ASST.YEAR 2007-08 - 20 - THE CUSTOMER WAS ALSO FAKE. EVEN NO LEGAL NOTICE C OULD BE SERVED ON THE SAID CUSTOMER. SINCE THE AMOUNT COULD NOT BE RECOVERED, HENCE, IT WAS CLAIMED AS LOSS IN THE PROFIT & LOSS ACCOUNT . THE AO WAS OF THE OPINION THAT THE ASSESSEE HAS NOT TRIED TO OBT AIN THE WHEREABOUTS OF THE SAID CUSTOMER BECAUSE THE VEHICLE SHOULD HAV E BEEN REGISTERED WITH THE R.T.O. FROM THE ADDRESS GIVEN THE SAID C USTOMER COULD BE EASILY TRACED AND THE AMOUNT COULD HAVE BEEN RECOVE RED, HELD BY A.O. WHEN THE MATTER WAS IN THE FIRST APPEAL, LD.C IT(A) HAS HELD THAT THE ALLEGED FRAUD WAS COMMITTED ON 15/03/2007 AT THE FAG END OF THE CURRENT YEAR AND IMMEDIATELY IT WAS WRITTEN OFF WITHOUT MAKING EFFORTS TO TRACE THE WHEREABOUTS THE SAID CU STOMER. THE SAID DISALLOWANCE WAS SUSTAINED. 10. ON HEARING THE SUBMISSIONS OF BOTH THE SIDES AN D THE EVIDENCES PLACED ON RECORD, SUCH AS, FIR WITH POLIC E AUTHORITIES AND ACTUAL WRITE OFF AS BAD DEBTS IN THE BOOKS OF ACCOU NT, WE ARE OF THE VIEW THAT THE LAW LAID DOWN BY THE HONBLE SUPREME COURT IN THE CASE OF TRF LTD. VS. CIT REPORTED AS [2010]323 ITR 397 (S C), SUPPORTS THE ASSESSEE,WHEREIN IT WAS HELD AS UNDER: - THIS POSITION IN LAW IS WELL-SETTLED. AFTER APRI L 1, 1989, IT IS NOT NECESSARY FOR THE ASSESSEE TO ESTABLISH THAT THE DE BT, IN FACT, HAS BECOME IRRECOVERABLE. IT IS ENOUGH IF THE BAD DEBT IS WRITTEN OFF AS IRRECOVERABLE IN THE ACCOUNTS OF THE ASSESSEE. HOWEVER, IN THE PRESENT CASE, THE ASSESSING OFFICER HAS NOT EXAMINE D WHETHER THE ITA NO.2441/AHD /2010 RAVIRATNA MOTORS PVT.LTD. VS. JT.CIT ASST.YEAR 2007-08 - 21 - DEBT HAS, IN FACT, BEEN WRITTEN OFF IN THE ACCOUNTS OF THE ASSESSEE. WHEN A BAD DEBT OCCURS, THE BAD DEBT ACCOUNT IS DEB ITED AND THE CUSTOMERS ACCOUNT IS CREDITED, THUS, CLOSING THE A CCOUNT OF THE CUSTOMER. IN THE CASE OF COMPANIES, THE PROVISION IS DEDUCTED FROM SUNDRY DEBTORS. AS STATED ABOVE, THE ASSESSI NG OFFICER HAS NOT EXAMINED WHETHER, IN FACT, THE BAD DEBT OR PART THEREOF IS WRITTEN OFF IN THE ACCOUNTS OF THE ASSESSEE. THIS EXERCISE HAS NOT BEEN UNDERTAKEN BY THE ASSESSING OFFICER. HENCE, T HE MATTER IS REMITTED TO THE ASSESSING OFFICER FOR DE NOVO CONSI DERATION OF THE ABOVEMENTIONED ASPECT ONLY AND THAT TOO ONLY TO THE EXTENT OF THE WRITE-OFF. 10.1. RESPECTFULLY FOLLOWING THE AFORESAID DECISION , ONCE THE ADMITTED POSITION IS THAT THE ASSESSEE HAS WRITTEN OFF THE SAID DEBT IN THE BOOKS OF ACCOUNT AS BAD DEBTS, THEREFORE, THE SAME IS ALLOWABLE UNDER SECTION 36(1)(VII) OF I.T.ACT, HOWE VER, IN CASE OF ANY RECOVERY THE LAW IS PRESCRIBED IN THE STATUTE A ND SHALL TAKE CARE OF THE SITUATION IF NEED BE. WITH THESE REMARKS TH IS GROUND OF THE ASSESSEE IS ALLOWED. 11. GROUND (IV): MISCELLANEOUS (1) THE APPELLANT SUBMITS THAT THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS) OUGHT TO HAVE DELETED THE CHAR GE OF INTEREST WHEN THE ASSESSING OFFICER HAS NOT SPECIFI ED AS TO FOR WHICH PARTICULAR SECTION INTEREST WAS CHARGEABLE. (2) THE APPELLANT CRAVES LEAVE TO ADD, ALTER OR VARY AN Y OF THE GROUNDS OF APPEAL. ITA NO.2441/AHD /2010 RAVIRATNA MOTORS PVT.LTD. VS. JT.CIT ASST.YEAR 2007-08 - 22 - 11.1 THIS GROUND NEEDS NO INDEPENDENT ADJUDICATION AND ADMITTEDLY IT WAS CONSEQUENTIAL IN NATURE. 12. IN THE RESULT, ASSESSEES APPEAL IS PARTLY ALLO WED BUT STATISTICAL PURPOSES. ORDER SIGNED, DATED AND PRONOUNCED IN THE COURT ON 29 TH APRIL, 2011. SD/- SD/- ( D.C. AGRAWAL) ( MUKUL KR. SH RAWAT ) ACCOUNTANT MEMBER JUDICIAL MEMBE R AHMEDABAD; DATED 29 / 04 /2011 T.C. NAIR, SR. PS COPY OF THE ORDER FORWARDED TO : 1. THE ASSESSEE. 2. THE DEPA RTMENT. 3. THE CIT CONCERNED. 4. THE LD. CIT(A PPEALS)-IV, SURAT 5. THE DR, AHMEDABAD BENCH 6. THE GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT.REGISTRAR), ITAT, AHMEDABAD 1. DATE OF DICTATION.. 25/04/2011 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 27/04/2011 OTHER MEMBER 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S29/04/2011 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 29/04/2011 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 9. DATE OF DESPATCH OF THE ORDER
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