GREATER RANCHI DEVELOPMENT AGENCY, RANCHI V. DCIT CIR-1 , RANCHI

ITA 257/RAN/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 0613 (ITAT-RANCHI)
• Duration Of Justice: 1 year(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-11-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2013-2014
• Appeal Filed On: 31-10-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K MOHANTY
• Assessee Lawyers: S K BATHWAL
• Keywords: Business expenditure; Revised return
• Section: 10

Judgement Text

1 ITA NO S . 17&257 /RAN/20 1 7 IN THE INCOME TAX APPELLATE TRIBUNAL, RANCHI BENCH, RANCHI BEFORE SHRI N.S.SAINI , ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE , JUDICIAL MEMBER ITA NO. 17 & 257 / RAN/20 1 7 ASSESSMENT YEAR : 20 1 2 - 2013 & 2013 - 2014 GREATER RANCHI DEVELOPMENT AGENCY LIMITED, 3 RD FLOOR, YOJANA BHAWAN, NEPAL HOUSE COMPLEX, PO - DORANDA, RANCHI - 834002 V S DCIT, CIRCLE - 1, RANCHI PAN NO. : AA ACG 6193 K (APPELLANT ) .. RESPONDENT ASSESSEE BY : SHRI S.K.BATHWA L , ADVOCATE REVENUE BY : SHRI A.K.MOHANTY , J CIT DA TE OF HEARING : 2 8 . 11 .201 8 DATE OF PRONOUNCEMENT : 30 . 11 .201 8 O R D E R PER PAVAN KUMAR GADALE, JM : THE ASSESSEE HA S FILED THE APPEAL AGAINST THE ORDER OF CIT(A), RANCHI , DATED 18.10.2016 FOR THE ASSESSMENT YEAR 201 2 - 201 3 & 2013 - 2014 . 2. SINCE THE ISSUES INVOLVED IN THE ABOVE APPEALS ARE COMMON, THEREFORE, BOTH THE APPEALS ARE HEARD AND DISPOSED OFF BY THIS CONSOLIDATED ORDER. FOR THE SAKE OF CONVENIENCE, WE SHALL TAKE UP THE APPEAL OF THE ASSESSEE IN ITA NO.17/RAN/201 7 AND THE FACTS MENTIONED THEREIN, WHEREIN THE FOLLOWING GROUNDS HAVE BEEN RAISED BY THE ASSESSEE : - 2 ITA NO S . 17&257 /RAN/20 1 7 1. THAT LD. CIT(A) ERRED IN OVERLOOKING THE FACT THAT RS. 441.02 LACS INTEREST EARNED BY GRDA ON JNNURM SCHEMES BELONGS TO THE SCHEME ITSELF AND SHOULD NOT FORM PART OF GRDA'S TOTAL INCOME. 2. THAT LD. CIT(A) ERRED IN OVERLOOKING THE FACT THAT INTEREST RS. 441.02 LACS EARNED BY APPELLANT ON JNNURM FUNDS WERE IN FACT, RETURNED ALONG WITH BALANCE FUND OF THE SCHEME AND TRANSFERRED TO JUIDCO - NEWLY DESI GNATED NODAL AGENCY AS PER DIRECTION OF STATE GOVT./BOARD OF DIRECTORS. 3. THAT LD. C I T(A) ERRED IN OVERLOOKING VARIOUS POINTS/SUBMISSION MADE BY APPELLANT BEFORE HIM VIDE GRDA'S LETTER DATED 19.10.2016. 4. THAT LD. CIT(A) ERRED IN OVERLOOKING TH E FACT THAT STATE GOVT, HAS PROVIDED REQUISITE INFRASTRUCTURE FACILITIES/SUPPORT TO GRDA AND TILL DATE GRDA HAS NOT RECEIVED A SINGLE PENNY ON ACCOUNT OF AGENCY CHARGES FOR MONITORING JNNURM SCHEMES, AND IN THE ABSENCE OF ANY RECEIPT EVEN AFTER FOUR YEARS, NOTIONAL ADDITION OF RS. 40 LACS IN APPELLANT'S INCOME IS BAD IN LAW. 5. THAT LD. C I T(A) ERRED IN PASSING SUO MOTO ORDER FOR ADDITION OF RS. 40 LACS AS AGENCY CHARGES RECEIVABLE BY GRDA FROM CENTRAL GOVT./STATE GOVT, FOR MONITORING JNNURM SCHEMES. 6. THAT LD. C I T(A) ERRED IN OVERLOOKING THE OBSERVATION OF CAG - NEW DELHI ABOUT RS. 441.02 LACS INTEREST ON JNNURM FUNDS, WHICH WAS BROUGHT INTO HIS NOTICE BY THE APPELLANT. 7. THAT LD CIT(A) ERRED IN OVERLOOKING APPELLANT'S SUBMISSION FOR EXCLUSION OF JNN URM INTEREST FROM ITS INCOME AS RECORDED BY LD DCIT IN HER ASSESSMENT ORDER (PAGE 3) VIDE PARA (D), (E), (F), AND (G). 8. THAT LD. CIT(A) ERRED IN CONCLUDING THE FACT THAT AS APPELLANT HAD CREDITED ITS P/L A/C WITH JNNURM SCHEME INTEREST RS. 441.02 LACS D URING F/Y 2011 - 12 AND HAD NOT FILED A REVISED RETURN WITHIN PRESCRIBED PERIOD, THEREFORE, IT (GRDA) CANNOT NOW CHANGE ITS STAND FOR EXCLUSION OF JNNURM FUND INTEREST FROM ITS OWN INCOME. 9. THAT LD. CIT(A) ERRED IN TAKING A DUAL STAND IN CASE OF APPELLANT VIZ; A. NOT TO CONSIDER GRDA'S PLEA FOR EXCLUSION OF JNNURM INTEREST RS. 441.02 LACS FROM APPELLANT'S INCOME, AND B. TO NOTIONALLY INCLUDE RS. 40 LACS AS AGENCY CHARGES IN APPELLANT'S INCOME EVEN THOUGH IT IS NEITHER CREDITED TO GRDA'S P/L A/C NOR RE CEIVED FROM CENTRAL GOVT/STATE GOVT, AS TILL DATE. 10. THAT LD. CIT(A) ERRED IN OVERLOOKING THE FACT THAT AS PER LAW AS WELL AS PRACTICE INTEREST EARNED, ON JNNURM SCHEMES BELONG TO THE FUND ITSELF AND DOES NOT FORM PART OF APPELLANT'S INCOME. 3 ITA NO S . 17&257 /RAN/20 1 7 IN FACT APPE LLANT HAD PROVISIONALLY CONSIDERED JNNURM FUND INTEREST AS ITS INCOME IN THE ABSENCE OF ANY CLARIFICATION FROM CENTRAL GOVT./STATE GOVT, AND NOW REQUISITE FUND ALONG WITH INTEREST HAS BEEN TRANSFERRED BY GRDA TO HUIDCO THE NEWLY DESIGNATED NODAL AGENCY. 1 1. THAT FOR ANY OTHER REASON THE ORDER PASSED BY LD. CIT(A) IS BAD IN LAW AND IS LIABLE TO BE SET ASIDE BY HON'BLE ITAT. 12. T HAT APPELLANT SHALL SUBMIT OTHER GROUNDS AT THE TIME OF HEARING. 13. THAT APPELLANT CRAVES TO ADD, LEAVE, SUBSTITUTE OR MODIFY A NY OF THE GROUNDS MENTIONED HERE - IN - BEFORE. RELIEF SOUGHT IS AS FOLLOWS 1. THAT RS. 441.02 LACS INTEREST RECEIVED ON JNNURM SCHEME FUND BY THE APPELLANT SHOULD BE EXCLUDED FROM APPELLANT'S TOTAL INCOME, AS IT DOES NOT BELONG TO IT (APPELLANT) AND MOREO VER THE SAME HAS BEEN TRANSFERRED TO CENTRAL GOVT./STATE GOVT, THROUGH NEWLY DESIGNATED NODAL AGENCY. 2. THAT NOTIONAL ADDITION OF RS. 40 LACS AS AGENCY CHARGES UNDER HEAD BUSINESS OR PROFESSION OF GRDA SHOULD BE DELETED DUE TO UNCERTAINTY AND NON RECE IPT OF ANY SUCH AMOUNT TILL DATE. 3 . BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE COMPANY IS ENGAGED IN THE BUSINESS OF DEVELOPMENT OF INFRASTRUCTURAL ACTIVITIES OF JHARKHAND AND ALSO MONITOR JNURM PROJECTS SUCH AS TO DEVELOP NEW CAPITAL CITY OF JHARKHAN D AND TO DEVELOP KNOWLEDGE CITY IN KHUNTI ETC. THE ASSESSEE FILED RETURN OF INCOME ON 29.08.2013 FOR THE ASSESSMENT YEAR 2012 - 2013 DECLARING TOTAL INCOME OF RS. 4,61,21,660/ - . UPON SELECTION OF THE CASE FOR SCRUTINY , NOTICES U/S.143(2)/142(1) OF THE ACT WER E ISSUED. THEREAFTER THE AO ON EXAMINATION OF BOOKS OF ACCOUNTS COMPLETED THE ASSESSMENT MAKING ADDITION ON ACCOUNT OF BUSINESS EXPENSES OF RS. 55,40,291/ - AND ASSESSED THE TOTA L INCOME OF THE ASSESSEE RS. 5,1 6,61,951/ - AND PASSED ORDER U/S.143(3) OF THE ACT , DATED 19.12 .2014. 4 ITA NO S . 17&257 /RAN/20 1 7 4 . AGGRIEVED BY THE ORDER OF AO, ASSESSEE PREFERRED AN APPEAL BEFORE THE CIT(A). IN THE APPELLATE PROCEEDINGS, THE AR OF THE ASSESSEE APPEARED AND ARGUED THE GROUNDS AND REITERATED THE SUBMISSIONS MADE BEFORE THE AO. THE CIT(A) AFTER CO NSIDERING THE SUBMISSIONS OF THE ASSESSEE AND THE FINDINGS OF AO, PARTY ALLOWED THE APPEAL OF THE ASSESSEE . 5 . AGGRIEVED BY THE ORDER OF CIT(A), THE ASSESSEE HAS FILED AN APPEAL BEFORE THE TRIBUNAL. 6 . LD. AR BEFORE US ARGUED ON THE ABOVE GROUNDS AND SUBMI TTED THAT THE CIT(A) HAS ERRED IN OVERLOOKING THE AUDIT MEMO ISSUED BY AUDIT OFFICER OF PRINCIPAL ACCOUNTANT GENERAL (AUDIT), AND SUPPLEMENTARY AUDIT REPORT ISSUED BY CAG - NEW DELHI IN RESPECT OF GRDAS ACCOUNT FOR FINANCIAL YEAR 2011 - 2012 WHICH STIPULATES THAT INTEREST EARNED BY GRDA ON JNNURM FUNDS BELONG TO SUCH FUND ONLY AND CANNOT BE TREATED AS GRDAS INCOME. LD. AR FURTHER SUBMITTED THAT THE CIT(A) OVERLOOKED THE FACT THAT IN CASE ASSESSEE IS REQUIRED TO REFUND ENTIRE INTEREST INCOME RS.441.02 LAKHS R EPRESENTING INTEREST EARNED ON JNNURM FUND DURING FINANCIAL YEAR 2011 - 2012 TO GOVERNMENT OF INDIA/STATE GOVT. LD. AR FURTHER SUBMITTED THAT THE STATE GOVERNMENT HAS PROVIDED REQUISITE INFRASTRUCTURE FACILITIES/SUPPORT TO GRDA AND TILL DATE GRDA HAS NOT REC EIVED A SINGLE PENNY ON ACCOUNT OF AGENCY CHARGES FOR MONITORING JNNURM SCHEMES, AND IN THE ABSENCE OF ANY RECEIPT EVEN AFTER FOUR YEARS, NOTIONAL ADDITION OF RS.40 LACS IN ASSESSEE INCOME IS BAD IN LAW. LD. AR FURTHER SUBMITTED THAT INTEREST 5 ITA NO S . 17&257 /RAN/20 1 7 EARNED ON JNN URM SCHEMES BELONG TO THE FUND ITSELF AND DOES NOT FORM PART OF ASSESSEES INCOME. THEREFORE, THE LD. AR SUBMITTED THAT THE INTEREST RECEIVED ON JNNURM SCHEME FUND BY THE ASSESSEE SHOULD BE EXCLUDED FROM ASSESSEES TOTAL INCOME, AS IT DOES NOT BELONG TO TH E ASSESSEE AND MOREOVER THE SAME HAS BEEN TRANSFERRED TO CENTRAL/STATE GOVERNMENT THROUGH NEWLY DESIGNATED NODAL AGENCY AND THE AGENCY CHARGES UNDER THE HEAD BUSINESS OR PROFESSION OF GRDA SHOULD BE DELETED DUE TO UNCERTAINTY AND NON - RECEIPT OF ANY SUCH AM OUNT TILL DATE AND PRAYED FOR ALLOWING THE APPEAL OF THE ASSESSEE. 7 . CONTRA, LD. D R SUPPORTED THE ORDER OF LOWER AUTHORITIES. 8 . WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. THE SOLE ISSUE TO BE DECIDED BY US IN THE PRESENT APP EAL IS AS TO WHETHER THE INTEREST INCOME EARNED BY THE ASSESSEE IS TAXABLE UNDER THE HEAD INCOME FROM OTHER SOURCES. PRIMA FACIE, WE FIND THAT THE AO IN THE ASSESSMENT ORDER STATED THAT THAT THE ASSESSEE HAD RECEIVED FUNDS UNDER VARIOUS SCHEMES, NAMELY, BS UP FUND, UIDSSMT (WS) FUND, UFDSSMT (SWM) FUND, IHSDP FUND, CAPACITY BUILDING FUND AND CONSULTANCY FEES FUND. THE FUNDS RECEIVED FROM THE GOVERNMENT OF INDIA/STATE GOVERNMENT FOR THE EXECUTION OF THE - PROJECTS UNDER JNNURM WAS KEPT IN THE GRDA BANK ACCOUNTS BY TH E COMPANY ON WHICH INTEREST OF RS. 5.16 CRORES WAS EARNED. THEREFORE, IN THE CURRENT FINANCIAL YEAR - 2011 - 12, THE ONLY INCOME EARNED BY THE ASSESSEE WAS 'INCOME FROM OTHER SOURCES' EARNED BY WAY OF INTEREST ON BANK DEPOSITS U/S.56(2) OF THE INCOME TAX ACT, 1961. IN THE 6 ITA NO S . 17&257 /RAN/20 1 7 APPEAL, THE CIT(A) OBSERVED THAT SINCE THE AMOUNT IS CAPPED AT RS.40 LAKHS PER ANNUM , THE ASSESSEE WAS ENTITLED TO A SUM RS.40 LAKHS FOR THE FINANCIAL YEAR 2011 - 2012. FROM THE PROFIT AND LOSS ACCOUNT ATTACHED TO THE AUDIT REPORT IT IS SE EN THAT THE ASSESSEE HAS NOT CREDITED ITS ACCOUNT WITH THIS SUM. FURTHER THE CIT(A) OBSERVED THAT SINCE THE ASSESSEE IS A COMPANY AND IS FOLLOWING MERCANTILE SYSTEM OF ACCOUNTS, THE AMOUNT HAD ACCRUED TO IT BASED ON THE AGREEMENT AND THE DISBURSAL OF FUNDS , THEREFORE, THE ASSESSEE OUGHT TO HAVE TAKEN NOT E OF THIS ACCRUAL AND SHOULD HAVE FOLLOWING THE MERCANTILE SYSTEM OF ACCOUNTING, CREDITED ITS PROFIT AND LOSS ACCOUNT WITH A SUM OF RS.40 LAKHS AND ACCORDINGLY HELD THAT THE ASSESSEE IS ENTITLED TO SET OFF O NLY AMOUNT OF RS.15,40,291 INSTEAD OF ENTIRE AMOUNT OF RS.55,40,291/ - . WHEREAS IN PARA 6.20 THE CIT(A) REPRODUCED THE OBSERVATION OF PRINCIPAL ACCOUNTANT GENERAL(AUDIT) ON BEHALF OF THE COMPTROLLER AND AUDITOR GENERAL OF INDIA WHICH READS AS UNDER: - [6.20 ] WHILE ON THE ISSUE IT WOULD BE IMPORTANT TO TAKE NOTE OF ONE OF THE SUBMISSIONS MADE BY THE APPELLANT BEING THAT THE INTEREST INCOME DID NOT BELONG TO THE APPELLANT AND THE APPELLANT, AS PER THE DECISION OF THE BOARD OF DIRECTORS HAD TRANSFER RED THE BALANCE FUND INCLUDING THE INTEREST TO JUDCO. CONSEQUENTLY, THE CREDIT OF INTEREST INCOME SHOULD BE EXCLUDED FROM THE INCOME OF THE APPELLANT. IN THIS CONTEXT THE APPELLANT DREW SUPPORT FROM THE OBSERVATION OF THE PRINCIPAL ACCOUNTANT GENERAL (AUDI T) ON BEHALF OF THE COMPTROLLER AND AUDITOR GENERAL OF INDIA STATING : - 'INCOME OTHER INCOME - NOTE 12 I NTEREST RECEIVED ON BANK DEPOSIT RS. 5.16 CRORES 1. THE FUNDS RECEIVED FROM THE GOVERNMENT OF INDIA/STATE GOVERNMENT FOR EXECUTION OF PROJECTS UNDER JNNURM WAS KEPT IN THE GRDA BANK ACCOUNTS BY THE COMPANY ON WHICH INTEREST OF RS. 4.37 CRORE WAS EARNED. THE COMPANY HAS TREATED THE AMOUNT OF INTEREST EARNED AS 7 ITA NO S . 17&257 /RAN/20 1 7 ITS OWN INCOME ALTHOUGH THE SAME WAS TO BE REFUNDED TO THE RESPE CTIVE GOVERNMENTS. THIS HAS RESULTED IN OVERSTATEMENT OF INCOME AND UNDERSTATEMENT OF CURRENT LIABILITIES AND PROVISIONS AND OVERSTATEMENT OF PROFIT BEFORE TAX BY RS.4.37 CRORE. 9 . LD. AR VEHEMENTLY SUBMITTED BEFORE US THAT THE PRINCIPAL ACCOUNTANT GENE RAL (AUDIT), HAD HOWEVER OBSERVED THAT INTEREST EARNED BY GRDA (RS.441.02 LACS) ON JNNURM FUNDS DOES NOT BELONG TO GRDA RATHER IT SHOULD BE CREDITED TO RESPECTIVE JNNURM SCHEMES ONLY. LD. AR DREW OUR ATTENTION TO PAGES 52 TO 65 OF THE PAPER BOOK CONTAINING TOOLKIT FOR PROGRAMME MANAGEMENT UNIT (PMU) FOR BSUP/IHSDP, WHEREIN AT PAGE 65 CLAUSE 3.4 READS AS UNDER : - 3.4 FINANCING OF EXPERTS FOR BSUP & IHSDP IN PMU IT IS PROPOSED TO DRAW THE BUDGET FOR FINANCING OF EXPERTS FOR BSUP & IHSDP IN PMU FROM JNNURM ALLOCATION OF 4% FOR ADMINISTRATION AND OTHER EXPENSE (A & OE) SANCTIONED, UNDER THE MISSION. THE MINISTRY OF HUPA PROPOSES TO SUPPORT REMUNERATION OF THE SPECIALISTS ENGAGED BY PMU FOR BSUP/IHSDP RELATED WORK, AS PER ACTUAL, WITH A CAP OF RS.40 LAKHS PER ANNUM(FORTY LAKHS). THE MINISTRY OF HUPAS SUPPORT TO THE PMU IS PROPOSED FOR A PERIOD OF 3 YEARS, WITHOUT ANY INCREASE IN REMUNERATION. 10. FROM THE DOCUMENTS FILED BEFORE US BY THE LD. AR, WE FIND THAT A LETTER ISSUED BY THE URBAN DEVELOPMENT AND HOUSI NG DEPARTMENT, GOVERNMENT OF JHARKHAND, LETTER DATED 15.01.2016, WHEREIN IN CLAUSE 6 IT HAS BEEN MENTIONED THAT ALL THE ACCOUNTS, SURPLUS AMOUNT ETC. RELATED TO JNURM WILL IMMEDIATELY BE TRANSFERRED TO JUIDCO LTD. BY GRDA. THE LETTER DATED 15.01.2016 IS R EPRODUCED HEREUNDER : - 8 ITA NO S . 17&257 /RAN/20 1 7 11. DURING THE COURSE OF HEARING PROCEEDINGS LD. AR OF THE ASSESSEE HAS MENTIONED THAT THE REVISED STATEMENT OF ACCOUNTS WERE FILED BEFORE THE APPELLATE AUTHORITIES AND ALSO SUBMITTED THAT A LETTER WAS FILED ON 19.10.2016, HOWEVER, THE FACTS REMAINS ON THE MERIT WITH RESPECT TO THE TAXABILITY OF INTEREST AND CHARGEABILITY. THE BENCH REQUIRED THE ASSESSEE AS TO WHETHER THIS FACT HAS BEEN CONSIDERED BY THE CIT(A), HOWEVER, LD. AR AFTER TAKING SUFFICIENT TIME COULD NOT EXPLAIN THAT THI S REVISED STATEMENTS 9 ITA NO S . 17&257 /RAN/20 1 7 WERE FILED DURING THE COURSE OF APPELLATE PROCEEDINGS. FURTHER HE SUBMITTED THAT INFORMATION WAS FILED ON 19.10.2016 AND THE CIT(A) HAS MENTIONED THE DATE IN THE APPELLATE ORDER AS 18.10.2016 WHICH IS NOT CORRECT. WE FIND THAT IN THE L ETTER DATED 19.10.2016, THE ASSESSEE HAS SUBMITTED THAT IN CONFORMITY WITH THE DECISION OF THE BOARD OF DIRECTORS AND DIRECTION OF THE STATE GOVT., GRDA HAS TRANSFERRED ENTIRE FUND OF JNNURM SCHEME (INCLUDING INTEREST) RECEIVED ON SUCH SCHEMES) TO JUIDCO V IDE GRDAS LETTER DATED 11.05.2016. IT HAS ALSO BEEN MENTIONED BY THE ASSESSEE THAT INTEREST ON JNNURM SCHEMES, IN FACT DOES NOT BELONG TO GRDA AS PER DECISION OF STATE GOVT. AND OTHER AUTHORITIES. THEREFORE, RS.441.02 LACS INTEREST CREDITED BY GRDA IN ITS PL ACCOUNT RELATING TO JNNURM SCHEMES SHOULD BE EXCLUDED FROM GRDAS INCOME. MOREOVER GRDA HAS TRANSFERRED THE ENTIRE INTEREST ACCRUED/RECEIVED ON JNNURM SCHEMES TO JUIDCO. WE ARE OF THE OPINION THAT IF THE GRDA HAS TRANSFERRED THE ENTIRE INTEREST ACCRUED /RECEIVED ON JNNURM SCHEMES TO JUIDCO , THEN NO ADDITION CAN BE MADE IN THE HANDS OF THE ASSESSEE. THEREFORE, IN THE INTEREST OF SUBSTANTIAL JUSTICE, WE REMIT THE ENTIRE DISPUTED ISSUE TO THE FILE OF CIT(A) TO DECIDE THE ISSUE AS PER THE DOCUMENTS FILED BY THE ASSESSEE BEFORE US AND SHALL VERIFY AND EXAMINE AS TO WHETHER THE ASSESSEE HAS TRANSFERRED THE ENTIRE AMOUNT ALONG WITH THE INTEREST ACCRUED THEREON TO THE JUIDCO AS PER THE DECISION OF THE STATE GOVERNMENT/GRDA BOARD OF DIRECTORS MEETING HELD ON 26.09 .2014, COPY OF WHICH IS PLACED ON RECORD, WHEREIN IN ITEM NO.19/14 OF THE MINUTES OF THE MEETING DATED 26.09.2014, IT IS 10 ITA NO S . 17&257 /RAN/20 1 7 MENTIONED THAT GRDA IS HOLDING SOME FUND IN RESPECT OF JNNURM SCHEMES WHICH IT WOULD LIKE TO TRANSFER TO JUIDCO AND AS PER THE CLAUSE 6 OF THE LETTER DATED 15.01.2016 ISSUED BY THE URBAN DEVELOPMENT AND HOUSING DEPARTMENT, GOVERNMENT OF JHARKHAND. THE ASSESSEE SHALL BE GIVEN ADEQUATE OPPORTUNITY OF HEARING AND THE ASSESSEE SHALL COOPERATE IN SUBMITTING THE INFORMATION BEFORE THE CIT(A) AN D FOR EARLY DISPOSAL OF THE CASE. ACCORDINGLY, THE GROUNDS OF APPEAL OF THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. 12. IN APPEAL OF THE ASSESSEE FOR THE ASSESSMENT YEAR 2013 - 2014 IN ITA NO.257/RAN/2017, THE ASSESSEE HAS RAISED THE SIMILAR GROUNDS AS IN THE APPEAL FOR THE ASSESSMENT YEAR 2012 - 2013. SINCE WE HAVE REMITTED THE ENTIRE ISSUE TO THE FILE OF CIT(A) TO DECIDE THE APPEAL OF THE ASSESSEE AS PER THE DOCUMENTS PLACED ON RECORD. ACCORDINGLY, THIS APPEAL IS ALSO RESTORED TO THE FILE OF CIT(A) ON THE TERMS OF OUR OBSERVATIONS MADE IN THE APPEAL OF ASSESSEE IN ITA NO.17/RAN/2017 FOR THE ASSESSMENT YEAR 2012 - 2013. ACCORDINGLY, THIS APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. 1 3 . IN THE RESULT, BOTH APPEAL S OF THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 30 / 11 /201 8 SD/ - SD/ - (N.S.SAINI) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER RANCHI , DATED 30 / 11 /2018 PRAKASH KUMAR MISHRA , SR. PS 11 ITA NO S . 17&257 /RAN/20 1 7 COPY OF THE ORDER FORWARDED TO : //TRUE COPY// BY ORDER, SR.PS, ITAT, RANCHI 1. THE APPELLANT GRE ATER RANCHI DEVELOPMENT AGENCY LIMITED, 3 RD FLOOR, YOJANA BHAWAN, NEPAL HOUSE COMPLEX, PO - DORANDA, RANCHI - 834002 2. THE RESPONDENT DCIT, CIRCLE - 1, RANCHI 3. THE CIT(A) CONCERNED 4. CIT , CONCERNED 5. DR, ITAT, RANCHI 6. GUARD FILE.