I.T.O., 2(2), Gwalior V. Sh. Kalicharan Sharma, Gwalior

ITA 277/AGR/2011

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 60163 (ITAT-AGRA)
• Duration Of Justice: 11 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-06-2012
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 19-06-2012
• Assessment Year: 2004-2005
• Appeal Filed On: 11-07-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Unexplained cash credit; Document seized; Assessment record; Documents seized; Reassessment proceedings

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH, AGRA BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI A.L. GEHLOT, ACCOUNTANT MEMBER ITA NOS.277/AGR/2011 ASSESSMENT YEAR: 2004-05 INCOME TAX OFFICER 2(2), VS. SHRI KALICHARAN SH ARMA, GWALIOR. D-58, HARISHANKARPURAM, JHANSI ROAD, GWALIOR. (PAN: AYNPS 9694 R) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI WASEEM ARSHAD, SR. D.R. RESPONDENT BY : NONE DATE OF HEARING : 19.06.2012 DATE OF PRONOUNCEMENT OF ORDER : 22.06.2012 ORDER PER A.L. GEHLOT, ACCOUNTANT MEMBER: THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER DATED 29.04.2011 PASSED BY THE LD. CIT(A), GWALIOR FOR THE ASSESSMEN T YEAR 2004-05 ON THE FOLLOWING GROUNDS:- 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE THE LD. CIT (APPEALS) HAS ERRED IN DELETING THE ADDITION OF RS. 23,50,000/- MADE ON ACCOUNT OF UNEXPLAINED CREDIT ? ITA NO.277/AGR/2011 A.Y. 2004-05 . 2 2. THE APPELLANT RESERVES HIS RIGHT TO ADD, AMEND O R ALTER THE GROUNDS OF APPEALS ON OR BEFORE THE DATE, THE APPEA L IS FINALLY HEARD FOR DISPOSAL. 2. EARLIER THE CASE WAS FIXED ON 12.04.2012. ON TH E DATE OF HEARING, NONE WAS APPEARED. HOWEVER, THE CASE WAS ADJOURNED TO 19.06 .2012. THE NOTICE SENT TO THE ASSESSEE WAS RETURNED BY THE POSTAL AUTHORITIES WIT H THE REMARK THAT THE ASSESSEE HAS REFUSED TO TAKE THE NOTICE. UNDER THE CIRCUMST ANCES, AFTER HEARING THE LD. DEPARTMENTAL REPRESENTATIVE, WE PROCEED TO DECIDE T HIS APPEAL ON MERIT. 3. THE BRIEF FACTS OF THE CASE ARE THAT A SEARCH AC TION WAS CARRIED OUT ON 04.08.2006 & 05.08.2006 IN THE CASE OF GOYAL GROUP. THE ASSESSEE, SHRI KALICHARAN SHARMA IS AN EMPLOYEE OF GOYAL GROUP. O N PERUSAL OF APPRAISAL REPORT, IT WAS NOTICED THAT THERE WERE PAPERS (SEIZ ED DOCUMENTS NO.DFS-2 & LPS- 2) SHOWING SHARE TRANSACTIONS AND UNSECURED LOANS B ETWEEN SHRI KALICHARAN SHARMA, ASSESSEE AND GOYAL FAMILY GROUP. THE DETAI LS OF PAPERS FOUND AT THE TIME OF SEARCH OF WHICH DETAILS HAVE BEEN NOTED BY THE A .O. FROM PAGE NOS.6 TO 11. THE SUMMARY OF DETAILS NOTED FROM PAGE 11 ARE AS UNDER :- THIS PAPER IS SUMMARY OF HUNDI LOAN TAKEN BY KALIC HARAN SHARMA FROM 20.02.2004. SHRI KALICHARAN SHARMA HAD TAKEN LOAN ON HUNDI FROM 20.02.2004 TO 05.03.2004 AS UNDER :- G) RAKA PATHAK RS.15,00,000/- H) RAJENDRA KUMAR MITTAL RS.2,00,000/- I) RAVI MITTAL RS.1,00,000/- ITA NO.277/AGR/2011 A.Y. 2004-05 . 3 J) ANJANA GARG RS.3,00,000/- K) KUSUMLATA GARG RS.1,50,000/- L) RAVI KUMAR GARG RS.1,00,000/- --------------- TOTAL 23,50,000/- -------------- 4. THE A.O. MADE THE PROTECTIVE ADDITION OF RS.23,5 0,000/- AS UNDER :- I HAVE GONE THROUGH THE SEIZED MATERIALS WI TH THE RELEVANT ACCOUNTS BOOKS AND FOUND THAT PAPERS-1 , 2, 3, 4, ARE RELATED TO HUNDI LOANS TAKEN BY ASSESSEE KALICHARAN SHARMA WORTH OF RS.23,50,000/- FROM DIFFERENT PERSON AND SENT THEM FOR COLLECTION O IDBI BANK AND AFTER THAT SENT A CHEQUE OF RS.23,50, 000/- TO SHRI HARISHANKAR GOYAL AND EARNED INTEREST ON IT AND HAR ISHANKAR GOYAL DEDUCTED TDS ON IT AND SALARY RECEIVED WORTH OF RS. 26,650/- BY HIM WHICH IS DISCLOSED IN THE INCOME TAX RETURN. ALL THESE ENTRIES ARE REFLECTED IN THE INCOME TAX RETURNS AND ALSO EXPLAI NED BY THE ASSESSEE SATISFACTORY IN HIS REPLY OF L.P.S.-12. S HRI HARISHANKAR GOYAL THE OWNER OF THE EMPLOYEE OF KALICHARAN SHARM A DECLARED THIS AMOUNT OF HUNDI4S WORTH OF RS.23,50,000/- AS HIS CO NCEALED INCOME BEFORE THE SETTLEMENT COMMISSION WITH INTEREST PAID TO KALICHARAN SHARMA ON IT AND THE CIT, GWALIOR ACCEPTED THIS AS INCOME OF HARISHANKAR GOYAL. IN PROOF OF THIS ASSESSEE HAS F ILED SETTLEMENT COMMISSION, MUMBAI (ANNEXURE-C) CONFIDENTIAL PORTIO N TOGETHER WITH COPY OF RULE-9(2) REPORT OF THE CIT, GWALIOR W HICH ARE KEPT ON RECORD. THE VERSION OF THE ASSESSEE IS VERIFIED FR OM THESE REPORTS AND FOUND CORRECT. SEIZED PAPERS-5 TO 37 ARE PROPERLY EXPLAINED AND VERIFIED BY ME. IN RESPONSE TO NOTICES U/S 143(2) SHRI R.C.L. GUPTA ATTENDED FROM TIME TO TIME WITH KALICHARAN SHARMA AND PRODUC ED NECESSARY BOOKS OF ACCOUNT. THE QUERY LETTER ISSUED FOR THE ASSESSMENT YEAR 2004-05 BY THE A.O. ARE PROPERLY REPLIED. THE WRIT TEN SUBMISSIONS ARE KEPT ON RECORD AND VERIFIED WITH BOOKS OF ACCOU NT WITH RELEVANT PAPERS AND AFTER DISCUSSION THE TOTAL INCOME OF THE ASSESSEE FOR A.Y. 01-02 TO 07-08 (EXCEPT A.Y. 04-05) ARE ACCEPTED AS SHOWN ON IN THE RETURN OF THOSE YEARS. AS VARIOUS FACTS OF THE CASE DISCUSSED AS ABOVE AN ADDITION OF RS.23,50,000/- ON ACCOUNT OF UNSECURED LOAN IS HERE BY ADDED TO THE ITA NO.277/AGR/2011 A.Y. 2004-05 . 4 RETURNED INCOME OF THE ASSESSEE ON PROTECTIVE BASIS , EVEN THOUGH THIS AMOUNT OF UNSECURED LOAN OF RS.23,50,000/- IN THE N AME OF SHRI KALI CHARAN SHARMA HAS BEEN SURRENDERED BY SHRI HARISHAN KAR GOYAL AND PAID TAXES THEREON AMOUNTING TO RS.7,11,323/- ON 31 .05.07 AND INTEREST AMOUNTING TO RS.2,42482/- PAID ON 03.07.07 , AS PART OF TRUE AND FULL DISCLOSURE MADE BEFORE THE SETTLEMENT COM MISSION BY LATE SHRI HARISHANKAR GOYAL. HOWEVER, CONSIDERING THE F ACT THAT ASSESSMENT IN THE CASE OF SHRI HARISHANKAR GOYAL IS STILL PENDING WITH THE A.O. (ACIT CAICLE-2, GWALIOR) ON THE BASIS OF H IGH COURTS ORDER NO DATE .., THE ADDITION AS AFORESAID IS MAD E ON PROTECTIVE BASIS IN THE CASE OF THE ASSESSEE FOR A, .Y. 2004-05. CONSIDERING THE AFORESAID DISCUSSION TOTAL INCOME O F THE ASSESSEE FOR A.Y. 2004-05 IS COMPUTED S UNDER :- INCOME DECLARED AS PER RETURN RS. 25,095/- ADD-ADDITION AS ABOVE ON ACCOUNT OF UNSECURED LOAN RS.23,50,000/- ------------------- TOTAL RS.23,75,095/- ------------------ 5. THE CIT(A) DELETED THE SAID ADDITION AS UNDER :- 3.2 APPELLANT'S SUBMISSIONS ALONG WITH ASSESSMENT ORDER HAVE BEEN CONSIDERED CAREFULLY. ASSESSMENT RECORDS INCLUDING REPORT OF CIT, GWALIOR BEFORE HON'BLE SETTLEMENT COMMISSION AND TH EIR ORDER HAVE ALSO BEEN PERUSED. VIDE PAGE NO.6 TO 12 OF THE ASSE SSMENT ORDER, A.O HAS GIVEN DETAILED NARRATION AND ANALYSIS OF SEIZED DOCUMENTS PERTAINING TO THE APPELLANT FOUND FROM THE PREMISES OF SHRI HARISHANKAR GOYAL. AO HAS MADE THE ADDITION IN THE HANDS OF THE APPELLANT ON PROTECTIVE BASIS MAINLY FOR THE REASON THAT ASSESSMENT FOR THE YEAR UNDER CONSIDERATION IN CASE OF SHRI HA RISHANKAR GOYAL IS STILL PENDING. HOWEVER, IN HIS APPLICATION DTD.26.5 .07 BEFORE THE HON'BLE SETTLEMENT COMMISSION, SHRI HARISHANKAR GOY AL HAS OFFERED ADDITIONAL INCOME OF RS.23,71,076/- FOR THE ASSTT. YEAR 2004-05 ALONG WITH HIS ORIGINAL RETURN INCOME OF RS.2,62,966/-. T HUS, TOTAL INCOME OF RS.26,34,042/- HAS BEEN OFFERED FOR TAXATION ON WHI CH DUE TAXES, SURCHARGE, INTEREST ETC. HAVE ALSO BEEN PAID. ADDI TIONAL INCOME, DISCLOSED AS ABOVE, INCLUDES UNSECURED LOAN OF RS.2 3,50,000/- IN THE NAME OF THE APPELLANT AND RS.21,076/- TOWARDS INTER EST PAID TO HIM. ITA NO.277/AGR/2011 A.Y. 2004-05 . 5 VIDE LETTER DTD. 15.2.08 ADDRESSED TO THE SECRETARY , SETTLEMENT COMMISSION, THE THEN CIT, GWALIOR HAS SUBMITTED HER DETAILED PARA- WISE REPORT IN RESPECT OF GOYAL GROUP OF CASE AND H AS MENTIONED AS UNDER :- 'IN RESPECT OF A.Y. 2004-05, THE APPLICANT DISCLOSE D RS.23,71,076/- WHICH INCLUDES UNSECURED LOAN OF RS. 23,50,000/- IN THE NAME OF SHRI KALICHARAN AND RS.21,076/- TOWA RDS INTEREST PAID TO HIM, IS ACCEPTABLE.' THE HON'BLE SETTLEMENT COMMISSION, VIDE ORDER DTD.3 1.3.08, HAS ACCEPTED THE ADDITIONAL INCOME AS DISCLOSED BEF ORE IT BY VARIOUS APPLICANTS INCLUDING SHRI HARISHANKAR GOYAL. SHRI HARISHANKAR GOYAL HAS OFFERED TOTAL ADDITIONAL INCOME OF RS.27, 13,653/- FROM A.Y. 2001-02 TO 2007-08 IN ADDITION TO TOTAL RETURN INCO ME OF RS.59,15,674/-. THUS, AS PER STATEMENT OF FACTS, T OTAL INCOME COMES TO RS.86,29,327/-. HOWEVER, IN HER REPORT UNDER RULE 9 SUBMITTED TO THE HON'BLE COMMISSION, JURISDICTIONAL CIT HAS ESTIMATE D TOTAL INCOME IN CASE OF SHRI HARISHANKAR GOYAL FOR RS.47,59,38,644/ - FOR THE YEARS 2001-02 TO 2007-08. VIDE ITS ORDER DTD. 31.3.08, HO N'BLE SETTLEMENT COMMISSION, WHILE ACCEPTING THE ADDITIONAL INCOME A S DISCLOSED BY VARIOUS APPLICANTS OF GOYAL FAMILY HAS FURTHER DIRE CTED THAT WITHIN A PERIOD OF SIX MONTHS FROM THE DATE OF RECEIPT OF IT S ORDER OR BY 31.10.08, WHICHEVER IS LATER, THE C1T MAY CONDUCT C OMPREHENSIVE ENQUIRIES INTO ALL THE ISSUES INVOLVED AND SUBMIT A REPORT TO COMMISSION FOR APPRECIATION AS TO WHETHER FULL AND TRUE DISCLOSURE HAS BEEN MADE BY THE APPLICANT. IT IS IN THIS CONT EXT THAT FINAL ASSESSMENT ORDER; HAS BEEN STAYED BY HON'BLE MP. HI GH COURT VIDE ORDER DTD. 20.9.2010 IN WRIT PETITION NO.5531/2010 FILED BY SHRI HARISHANKAR GOYAL THROUGH HIS LEGAL HEIRS. IT IS P ERTINENT TO MENTION HERE THAT THE THEN CIT, GWALIOR, ON THE BASIS OF RE PORTS OF THE A.O. AND CONCERNED JCIT, HAS CATEGORICALLY MENTIONED BEF ORE HON'BLE SETTLEMENT COMMISSION THAT ADDITIONAL INCOME OF RS. 23,71,076/- OFFERED BY SHRI HARISHANKAR GOYAL FOR THE ASSTT. YE AR UNDER CONSIDERATION WHICH INCLUDES LOAN OF R.23,50,000/- OBTAINED FROM SHRI KALICHARAN, APPELLANT, WHO IS AN EMPLOYEE OF T HE GOYAL GROUP ARE NOT EXPLAINABLE IN AS MUCH AS SHRI KALICHARAN H AS OBTAINED SUCH LOANS FROM VARIOUS OTHER PERSONS ON HUNDI. THE SAI D AMOUNT OF UNSECURED LOAN OF RS.23,50,000/- HAS BEEN FOUND ACC EPTABLE TO BE ASSESSED IN THE HANDS OF SHRI HARISHANKAR GOYAL OR NOW HIS LEGAL ITA NO.277/AGR/2011 A.Y. 2004-05 . 6 HEIRS. REASSESSMENT PROCEEDINGS HAVE BEEN INITIATE D THOUGH SUBSEQUENTLY STAYED BY HON'BLE HIGH COURT DUE TO HU GE VARIATION IN TOTAL INCOME DECLARED BY VARIOUS APPLICANTS OF GOYA L GROUP BEFORE THE SETTLEMENT COMMISSION AND AS REPORTED BY THE JURISD ICTIONAL CIT IN HER REPORT. HOWEVER, FOR THE ASSESSMENT YEAR UNDER CONSIDERATION, THERE IS NO DISPUTE IN AS MUCH AS BOTH CIT AND HON' BLE COMMISSION HAVE ACCEPTED THE UNDISCLOSED INCOME OF RS.23,71,07 6/- (WHICH INCLUDES IMPUGNED AMOUNT OF RS.23,50,000/-) IN THE HANDS OF LATE SH. HARISHANKAR GOYAL OR NOW HIS LEGAL HEIRS. 3.3 IN VIEW OF FACTS ABOVE, A.O. IS NOT FOUND JUST IFIED IN MAKING ADDITION ON PROTECTIVE BASIS IN THE HANDS OF THE AP PELLANT, WHEN THE SAME AMOUNT STANDS DISCLOSED SUBSTANTIVELY IN THE N AME OF SHRI HARISHANKAR GOYAL OR HIS LEGAL HEIR NOW AS PER HIS ADMITTANCE, REPORT OF CIT AND ORDER OF HON'BLE SETTLEMENT COMMISSION. ACCORDINGLY, ADDITION OF RS.23,50, 000/- MADE ON PROTECTIVE BASI S IN THE HANDS OF THE APPELLANT IS, HEREBY, DELETED. 6. WE HAVE HEARD THE LD. DEPARTMENTAL REPRESENTATIV E WHO REFERRED THE A.O.S ORDER AND SUBMITTED THAT THE SEIZED PAPERS BELONGED TO THE ASSESSEE, THEREFORE, THE ADDITION IS REQUIRED TO BE MADE IN THE HANDS OF THE ASSESSEE. WE NOTICE THAT THE A.O. HIMSELF MADE THE ADDITION OF RS.23,50,000/- ON PROTECTIVE BASIS ON THE GROUND THAT THERE HAVE BEEN AMOUNT OF UNSECURED LOAN OF RS .23,50,000/- WHICH WAS IN THE NAME OF THE ASSESSEE SHRI KALAICHARAN SHARMA BUT TH E SAID AMOUNT HAS BEEN SURRENDERED BY SHRI HARISHANKAR GOYAL IN THE PETITI ON FILED BEFORE THE SETTLEMENT COMMISSION. THE A.O. MADE PROTECTIVE ADDITION MERE LY ON THE BASIS THAT THE ASSESSMENT IN THE CASE OF SHRI HARI SHANKAR GOYAL I S PENDING WITH A.O. ON THE BASIS OF HIGH COURT ORDER. THE CIT(A) NOTED THE FA CT THAT THE SAID AMOUNT OF UNSECURED LOAN OF RS.23,50,000/- HAS BEEN FOUND ACC EPTABLE TO THE ASSESSEE IN THE ITA NO.277/AGR/2011 A.Y. 2004-05 . 7 HANDS OF SHRI HARISHANKAR GOYAL OR NOW HIS LEGAL HE IRS. REASSESSMENT PROCEEDINGS HAVE BEEN INITIATED THOUGH SUBSEQUENTLY STAYED BY THE HONBLE HIGH COURT DUE TO HUGE VARIATION IN TOTAL INCOME DECLARE D BY VARIOUS APPLICANTS OF GOYAL GROUP BEFORE SETTLEMENT COMMISSION AND AS REPORTED BY THE JURISDICTIONAL CIT IN HER REPORT. HOWEVER, THE CIT(A) NOTED THE FACT TH AT FOR THE ASSESSMENT YEAR UNDER CONSIDERATION THERE WAS NO DISPUTE IN AS MUCH AS BO TH THE CIT AND SETTLEMENT COMMISSION HAS ACCEPTED THE UNDISCLOSED INCOME OF R S.23,71,076/-, WHICH INCLUDES IMPUGNED AMOUNT OF RS.23,50,000/-, IN THE HANDS OF LATE SHRI HARISHANKAR GOYAL OR NOW HIS LEGAL HEIRS. THE CIT(A) WHILE DELE TING THE ADDITION RECORDED THE FACT THAT THIS AMOUNT OF RS.23,50,000/- HAS BEEN DI SCLOSED SUBSTANTIALLY IN THE HANDS OF SHRI HARI SHANKAR GAOYALL/LEGAL HEIR AND T HIS FACT HAS BEEN ADMITTED BY THE CIT(A) IN HER REPORT. THE CIT(A) FOUND THAT TH E SAME FACT HAS BEEN FOUND IN THE ORDER OF SETTLEMENT COMMISSION THAT THE AMOUNT HAS ALREADY BEEN OFFERED FOR TAXATION BY HARI SHANKR GOYAL/LEGAL HEIR, WHO IS TH E EMPLOYER OF THE ASSESSEE BEFORE THE SETTLEMENT COMMISSION, AND THE SETTLEMEN T COMMISSION HAS ACCEPTED THE SAME. THEREFORE, THOUGH PAPERS FOUND AT THE TI ME OF SEARCH WAS IN THE NAME OF THE ASSESSEE, BUT THE RELATED AMOUNT OF RS.23,50,0 00/- HAS BEEN OFFERED TO TAX BEFORE THE SETTLEMENT COMMISSION BY SHRI HARI SHANK AR GOYAL AND THIS FACT HAS NOT BEEN CONTROVERTED BY THE REVENUE BEFORE US. ON CE AN INCOME HAS BEEN OFFERED TO TAX, THE SAME CANNOT BE TAXED AGAIN IN THE HANDS OF THE ASSESSEE. OTHERWISE, ITA NO.277/AGR/2011 A.Y. 2004-05 . 8 THERE WOULD BE A DOUBLE TAXATION. THE A.O. MADE TH E PROTECTIVE ADDITION IN THE HANDS OF THE ASSESSEE ON THE GROUND THAT THE CASE O F SHRI HARI SHANKAR GOYAL IS STILL PENDING WITH THE A.O. ON THE BASIS OF HIGH COURT OR DER BUT THE CIT(A) NOTED THAT THERE IS NO DISPUTE ABOUT THE DISCLOSURE OF UNDISCL OSED INCOME OF RS.23,71,076/-, WHICH INCLUDES RS.23,50,000/-, BEFORE THE SETTLEMEN T COMMISSION IN THE HANDS OF LATE SHRI HARI SHANKAR GOYAL, LEGAL HEIR BUT THE FA CT THAT WHAT WAS THE FINAL OUTCOME FROM THE CASE OF SHRI HARI SHANKAR GOYAL WH ICH WAS PENDING WITH THE A.O. ON THE BASIS OF HIGH COURT ORDER. THE LD. DEP ARTMENTAL REPRESENTATIVE HAS ALSO FAILED TO POINT OUT THE STATUS OF THE ASSESSME NT IN THE CASE OF SHRI HARI SHANKAR GOYAL WHICH WAS PENDING BEFORE THE A.O. IN THE LIG HT OF THE FACT, WE FIND THAT THE CIT(A) HAS DELETED THE ADDITION WITHOUT CONSIDERING THIS FACT NOTED BY THE A.O. THE CIT(A) DELETED THE SAID ADDITION ON THE BASIS T HAT THERE IS NO DISPUTE AS MUCH AS BOTH CIT(A) AND SETTLEMENT COMMISSION HAS ACCEPT ED THE UNDISCLOSED INCOME WHICH INCLUDES RS.23,50,000/-. THE DELETION MADE B Y THE CIT(A) IS LITTLE PREMATURE AS THE CIT(A) HAS DELETED THE ADDITION WI THOUT RECORDING THE FACT OF FINAL OUTCOME OF ASSESSMENT IN THE CASE OF SAHRI HARI SHA NKAR GOYAL. WE, THEREFORE, FIND IT APPROPRIATE TO SEND BACK THIS MATTER TO THE FILE OF CIT(A) FOR LIMITED PURPOSE TO VERIFY THE FINAL OUTCOME OF THE ASSESSMENT IN TH E CASE OF SHRI HARI SHANKAR GOYAL WHICH WAS PENDING WITH THE A.O. ON THE BASIS OF HIGH COURT ORDER. THEREFORE, BEFORE DELETING THE ADDITION, THE ABOVE FACT REQUIRES VERIFICATION. WE, ITA NO.277/AGR/2011 A.Y. 2004-05 . 9 THEREFORE, SEND BACK THIS ISSUE TO THE FILE OF CIT( A) WITH THE DIRECTION TO VERIFY THE RELEVANT FACTS AND DECIDE THE ISSUE ACCORDINGLY AFT ER PROVIDING REASONABLE OPPORTUNITY OF HEARING TO BOTH THE SIDES. 7. IN THE RESULT, APPEAL FILED BY THE REVENUE IS AL LOWED FOR STATISTICAL PURPOSES. (ORDER PRONOUNCED IN THE OPEN COURT) SD/- SD/- (BHAVNESH SAINI) (A.L. GEHLOT) JUDICIAL MEMBER ACCOUNTANT MEMBER PBN/* COPY OF THE ORDER FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT (APPEALS) CONCERNED 4. CIT CONCERNED 5. D.R., ITAT, AGRA BENCH, AGRA 6. GUARD FILE. BY ORDER SR. PRIVATE SECRETARY INCOME-TAX APPELLATE TRIBUNAL, AGRA TRUE COPY