V.R. POWEREQUIPMENTS PVT. LTD, Jaipur V. PR. CIT-1, Jaipur

ITA 289/JPR/2017

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 6134 (ITAT-JAIPUR)
• Duration Of Justice: 1 year(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-05-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 17-04-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: VARINDER MEHTA CIT DHK
• Keywords: Question of law; Capital receipt; Revenue expenditure; Capital expenditure
• Section: 143(3); 263

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH FOT; IKY JKWO] U;KF;D LNL; ,O A JH HKKXPUN KNO] YS[KK LNL; DS LE{K BEFORE: SHRI VIJAY PAL RAO, JM & SHRI BHAGCHAND, A M VK;DJ VIHY LA- @ ITA NO. 289/JP/2017 FU/KZKJ.K O'K Z @ ASSESSMENT YEAR : 2012-13. M/S. V.R. POWER EQUIPMENTS PVT. LTD., 702, ELEMENTS MALL, DCM, AJMER ROAD, JAIPUR. CUKE VS. THE PR. CIT-1, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO. AACCV 8974 F VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI SHRAWAN KUMAR GUPTA (ADVOCATE) JKTLO DH VKSJ LS@ REVENUE BY : SHRI VARINDER MEHTA (CIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 15.05.2018. ?KKS'K .KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 16/05/2018. VKNS'K@ ORDER PER VIJAY PAL RAO, J.M. THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E REVISION ORDER PASSED UNDER SECTION 263 OF THE IT ACT DATED 27 TH FEBRUARY, 2017 OF PRINCIPAL CIT-I, JAIPUR FOR THE ASSESSMENT YEAR 2012-13. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL :- 1. THAT THE IMPUGNED ORDER U/S 263 DATED 27.02.20 17 IS BAD IN LAW AND ON FACTS OF THE CASE FOR WANT OF JURISDICTION AND F OR VARIOUS OTHER REASONS AND HENCE THE SAME MAY KINDLY BE QUASHED. 2.1. THAT THE LD. PR. CIT-I, JAIPUR IS ERRED IN LAW AS WELL AS ON THE FACTS OF THE CASE IN INVOKING S. 263 OF THE ACT. THE SAME IS BEING PURELY CONTRARY TO THE PROVISIONS OF LAW, THEREFORE, THE I MPUGNED ORDER U/S 263 OF THE ACT KINDLY BE QUASHED. 2 ITA NO. 289/JP/2017 M/S. V.R. POWER EQUIPMENTS PVT. LTD., JAIPUR. 2.2. THAT THE LD. PR. CIT-1, JAIPUR IS ERRED IN LAW AS WELL AS ON THE FACTS OF THE CASE IN TAKING THE ACTION U/S 263 OF THE ACT ON THE ALLEGATION THAT : (A) THE ASSESSEE COMPANY DEBITED INTEREST ON SERVIC E TAX & TDS AMOUNTING TO RS. 72,813/- IN THE P & L ACCOUNT, WHI CH IS NOT ALLOWABLE AS EXPENSES, AS THE SAME IS PENAL IN NATURE AND THE REFORE WAS TO BE DISALLOWED BUT ERRONEOUSLY ALLOWED BY THE AO. (B) THE ASSESSEE HAS INCURRED ISO CERTIFICATION EX PENSES AMOUNTING TO RS. 1,08,500/- AND CLAIMED THE ENTIRE EXPENSES T REATING THE SAME AS REVENUE EXPENDITURE. WHICH ARE CONTRARY TO THE FACTS AND SUCH A FINDING BEING PERVERSE, THE IMPUGNED ACTION IS BAD IN LAW WITHOUT JURISDICTION AND BEING VOID AB INITIO, THE IMPUGNED ORDER U/S 263 OF THE ACT KINDLY BE QUASHED . 3. THAT THE LD. PR. CIT-1, JAIPUR IS ERRED IN LAW A S WELL AS ON THE FACTS OF THE CASE IN SETTING ASIDE THE ASSESSMENT TO BE MADE AFRESH WITH THE DIRECTION TO RE-EXAMINE THE ISSUE IN THE LIGHT OF HIS OBSERVA TION. THE SAME IS BEING PURELY CONTRARY TO THE PROVISIONS OF LAW, THEREFORE , THE IMPUGNED ORDER U/S 263 OF THE ACT KINDLY BE QUASHED. 4. THE APPELLANT PRAYS YOUR HONORS INDULGENCE TO AD D, AMEND OR ALTER ALL OR ANY OF THE GROUNDS OF THE APPEAL ON OR BEFORE TH E DATE OF HEARING. 2. AT THE TIME OF HEARING, THE LD. A/R OF THE ASSES SEE HAS SUBMITTED THAT IN THE SET ASIDE PROCEEDINGS CONSEQUENT TO THE IMPUGNED OR DER, THE AO HAS ALREADY ALLOWED THE CLAIM OF THE ASSESSEE REGARDING INTERES T ON SERVICE TAX AND TDS AMOUNTING TO RS. 72,813/-, THE ISSUE RAISED IN GROU ND NO. 2.2(A) OF THE GROUNDS AND, THEREFORE, THE ASSESSEE IS PRESSING THE ONLY ISSUE WHICH IS RAISED IN GROUND NO. 2.2 (B). 3. THE LD. A/R HAS SUBMITTED THAT THE PRINCIPAL CIT HAS HELD THAT THE EXPENDITURE INCURRED ON ISO CERTIFICATE IS NOT REVENUE EXPENDIT URE AND, THEREFORE, ONLY 1/3 RD OF THE SAID EXPENDITURE CAN BE ALLOWED FOR THE YEAR UN DER CONSIDERATION. HENCE, THE AO WAS DIRECTED TO DISALLOW 2/3 RD OF THE SAID EXPENDITURE OF RS. 1,08,500/-. HE HAS FURTHER CONTENDED THAT SINCE THE CERTIFICATE IS ONL Y FOR 3 YEARS AND IT IS NOT A 3 ITA NO. 289/JP/2017 M/S. V.R. POWER EQUIPMENTS PVT. LTD., JAIPUR. RENEWABLE CERTIFICATE, THEREFORE, THE EXPENDITURE I NCURRED BY THE ASSESSEE FOR OBTAINING THE ISO CERTIFICATE IS OF REVENUE EXPENDI TURE. IN SUPPORT OF HIS CONTENTION HE HAS RELIED UPON THE DECISION OF HONBLE KARNATAK A HIGH COURT IN THE CASE OF CIT VS. INFOSYS TECHNOLOGIES LTD. 349 ITR 582 (KAR.) AN D SUBMITTED THAT AN IDENTICAL ISSUE HAS BEEN DECIDED BY THE HONBLE HIGH COURT IN TREATING THE SAID EXPENDITURE AS AN ALLOWABLE REVENUE EXPENDITURE. 3.1. ON THE OTHER HAND, THE LD. D/R HAS RELIED UPON THE IMPUGNED ORDER OF THE PR. CIT AND SUBMITTED THAT THE ISO CERTIFICATE EXPENSES HAVE BEEN INCURRED TO DERIVE BENEFIT OF ENDURING NATURE. THERE IS NO DENIAL THA T THE ASSESSEE WOULD GET THE BENEFIT OF CREATING OF POSITIVE IMAGE FOR THE PRODU CTS FOR WHICH ISO CERTIFICATE WAS ISSUED AND HENCE THE SAID EXPENDITURE IS CAPITAL IN NATURE AND AT THE MOST CAN BE SPREAD OVER TO THE PERIOD FOR WHICH THE CERTIFICATE IS ISSUED. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AS WELL AS THE RELEVANT MATERIAL ON RECORD. THE ASSESSMENT WAS ORIGINALLY COMPLETED UN DER SECTION 143(3) OF THE ACT ON 23 RD DECEMBER, 2014. SUBSEQUENTLY, ON PERUSAL OF THE RE CORD, THE PR. CIT HAS NOTED THAT THE EXPENSES ON ACCOUNT OF INTEREST ON SERVICE TAX AND TDS AMOUNTING TO RS. 723,813/- AS WELL AS THE EXPENSES INCURRED FOR ISO CERTIFICATE AMOUNTING TO RS. 1,08,500/- HAS BEEN CLAIMED IN THE PROFIT & LOSS AC COUNT. HOWEVER, THE SAME ARE NOT ALLOWABLE BEING THE INTEREST NOT ALLOWABLE AS F IRSTLY, THE CLASS OF EXPENDITURE IS PENAL IN NATURE AND SECONDLY IT IS CAPITAL IN NATUR E. THE PR. CIT, ACCORDINGLY ISSUED A SHOW CAUSE NOTICE DATED 11.01.2016 TO REVISE THE AS SESSMENT IN RESPECT OF THESE TWO EXPENSES ALLOWED BY THE AO. AS FAR AS ISSUE OF ALLOWABILITY OF EXPENSES ON ACCOUNT OF INTEREST ON SERVICE TAX AND TDS, THE ASS ESSEE HAS NOT PRESSED THIS ISSUE AND, THEREFORE, THE ONLY ISSUE WHICH WAS RAISED BEF ORE US BY THE ASSESSEE AT THE 4 ITA NO. 289/JP/2017 M/S. V.R. POWER EQUIPMENTS PVT. LTD., JAIPUR. TIME OF HEARING IS REGARDING THE ISSUE OF ALLOWABIL ITY OF THE EXPENSES INCURRED FOR ISO CERTIFICATE. THE PR. CIT HAS CONSIDERED THIS ISSUE IN PARA 6 AND 6.1 OF THE IMPUGNED ORDER AS UNDER :- 6. WITH REGARD TO THE ISSUE OF ISO CERTIFICATION EXPENSES AMOUNTING TO RS. 1,08,500, ASSESSEE CONTENDED THAT SUCH EXPEN DITURE HAS NEITHER CREATED ANY FIXED ASSET NOR ANY INTANGIBLE. IT WAS ALSO CONTENDED THAT ASSESSEE NEED TO INCUR THIS EXPENDITURE REGULARLY A T THE TIME OF RENEWAL. 6.1. I HAVE CONSIDERED THE SUBMISSION MADE BY ASSES SEE. THE ISO CERTIFICATION EXPENSES ARE NOT REVENUE EXPENDITURE AND INCURRED TO DERIVE BENEFITS OF ENDURING NATURE. AS PER ASSESSEE S OWN SUBMISSION IT WAS INCURRED TO CREATE POSITIVE IMAGE FOR THE PRODU CTS OF THE ASSESSEE. FURTHER THE RENEWAL IS NOT REQUIRED ANNUALLY INSTEA D IT WAS ISSUED FOR THREE YEARS. HENCE IT IS AN EXPENDITURE WHICH ENHAN CED THE GOODWILL OF THE PRODUCTS OF THE ASSESSEE AND BENEFIT OF WHICH A RE NOT CONFINED TO ONE FINANCIAL YEAR. THEREFORE, IT IS DEFINITELY NOT OF THE CATEGORY OF REVENUE EXPENDITURE. ACCORDINGLY, INSTEAD OF ALLOWI NG THE ENTIRE QUANTUM OF EXPENSE IN A SINGLE YEAR, IT IS REQUIRED TO PROPORTIONATELY AMORTISE THE SAME OVER THE DURATION OF THE BENEFIT DERIVED. IN THE INSTANT CASE, ISO CERT6IFICATION EXPENSES HAVE BEEN INCURRED FOR A PERIOD OF 3 YEARS AND ACCORDINGLY, 2/3TH OF THE TO TAL EXPENSE WAS TO BE DISALLOWED BUT THE AO HAS ALLOWED THE ENTIRE EXP ENDITURE. THUS THE PR. CIT WAS OF THE VIEW THAT THIS EXPENDIT URE WAS INCURRED BY THE ASSESSEE TO DERIVE BENEFIT OF ENDURING NATURE AND, THEREFORE , ONLY 1/3 RD OF THE SAID EXPENDITURE IS ALLOWABLE FOR THE YEAR UNDER CONSIDE RATION AND 2/3 RD IS TO BE 5 ITA NO. 289/JP/2017 M/S. V.R. POWER EQUIPMENTS PVT. LTD., JAIPUR. DISALLOWED. IT IS NOT IN DISPUTE THAT THE CERTIFICA TE IN QUESTION WAS ISSUED ONLY FOR 3 YEARS AND THE SAME IS NOT A RENEWABLE CERTIFICATE. THEREFORE, HAVING REGARD TO THE TENURE OF THE CERTIFICATE, IT CANNOT BE HELD THAT T HE EXPENDITURE WAS INCURRED IN CREATING ANY ASSET OR TO DERIVE ANY BENEFIT OF ENDU RING NATURE. THE HONBLE KARNATAKA HIGH COURT IN CASE OF CIT VS. INFOSYS TEC HNOLOGIES LTD. (SUPRA) WHILE CONSIDERING AN IDENTICAL ISSUE HAS HELD IN PARA 11 TO 13 AS UNDER :- 11. THE ONLY REASON ASSIGNED BY THE ASSESSING OFFICER TO HOLD THAT THE EXPENDITURE INCURRED TOWARDS ACQUISITION OF MEMBERSHIP OF VARIO US CLUBS BY THE RESPONDENT- ASSESSEE IS THAT THE BENEFIT CONFERRED ON THE ASSES SEE IS OF ENDURING NATURE AND, THEREFORE, IT IS A CAPITAL EXPENDITURE. FURTHER, TH E APPELLATE AUTHORITY ON CONSIDERATION OF THE CONTENTION OF THE LEARNED COUNSEL APPEARING FOR THE PARTIES, HELD THAT THE EXPENDITURE INCURRED TOWARDS ACQUISITION OF MEMBERS HIP OF THE CLUB IS REVENUE EXPENDITURE AS THE ACQUISITION OF MEMBERSHIP OF THE CLUB WOULD ONLY CONFER CERTAIN BENEFITS WHICH CANNOT BE SAID TO BE SO ENDURING AS TO AMOUNT TO CAPITAL EXPENDITURE, IT WOULD ONLY ENABLE THE ASSESSEE TO AVAIL OF BENEFITS CONFERRED BY THE CLUB DUE TO ACQUISITION OF MEMBERSHIP. IN THE DECISION RELIED U PON BY THE LEARNED COUNSEL APPEARING FOR THE ASSESSEE IN EMPIRE JUTE CO. LTD.'S CASE ( SUPRA ), THE HON'BLE SUPREME COURT HAS HELD THAT THE EXPENDITURE TOWARDS ACQUISI TION OF CLUB IS NOT CAPITAL EXPENDITURE BUT IS REVENUE EXPENDITURE. THE INCOME- TAX APPELLATE TRIBUNAL HAS CONFIRMED THE ORDER PASSED BY THE APPELLATE AUTHORI TY. IT IS WELL SETTLED THAT FACTORS TO BE BORNE IN MIND WHILE CONSIDERING THE QUESTION AS TO WHETHER THE EXPENDITURE IS REVENUE OR CAPITAL IN NATURE HAS BEEN LAID DOWN BY THE HON'BLE SUPREME COURT IN EMPIRE JUTE CO. LTD.'S CASE ( SUPRA ), WHICH READ AS UNDER : '( I ) IT IS NOT A UNIVERSALLY TRUE PROPOSITION THAT WHAT MAY BE A CAPITAL RECEIPT IN THE HANDS OF THE PAYEE MUST NECESSARILY BE CAPITAL EXPENDITUR E IN RELATION TO THE PAYER. THE FACT THAT A CERTAIN PAYMENT CONSTITUTES INCOME OR CAPITA L RECEIPT IN THE HANDS OF THE RECIPIENT IS NOT MATERIAL IN DETERMINING WHE THER THE PAYMENT IS REVENUE OR CAPITAL DISBURSEMENT QUA THE PAYER. ( II ) THERE MAY BE CASES WHERE EXPENDITURE, EVEN IF INCUR RED FOR OBTAINING AN ADVANTAGE OF ENDURING BENEFIT, MAY, NONE THE LESS, BE ON REVENUE ACCOUNT AND THE TEST OF ENDURING BENEFIT MAY BREAK DOWN. IT IS NOT EVERY ADVANTAGE O F ENDURING NATURE ACQUIRED BY AN AS SESSEE THAT BRINGS THE CASE WITHIN THE PRINCIPLE LA ID DOWN IN THIS TEST. WHAT IS MATERIAL TO CONSIDER IS THE NATURE OF THE ADVANTAGE IN A COMMERCIAL SENSE AND IT IS ONLY WHERE THE ADVANTAGE IS IN THE CAPITAL FIELD TH AT THE EXPENDITURE WOULD BE DISALLOWABLE ON AN APPLICATION OF THIS TEST. IF THE ADVANTAGE CO NSISTS MERELY IN FACILITATING THE ASSESSEE'S TRADING OPERATIONS OR E NABLING THE MANAGEMENT AND CONDUCT OF THE ASSESSEE'S BUSINESS TO BE CARRIED ON MORE EF FICIENTLY OR MORE PROFITABLY WHILE LEAVING THE FIX ED CAPITAL UNTOUCHED, THE EXPENDITURE WOULD BE ON R EVENUE ACCOUNT, EVEN THOUGH THE ADVANTAGE MAY ENDURE FOR AN INDEFIN ITE FUTURE. THE TEST OF ENDURING 6 ITA NO. 289/JP/2017 M/S. V.R. POWER EQUIPMENTS PVT. LTD., JAIPUR. BENEFIT IS, THEREFORE, NOT A CERTAIN OR CONCLUSIVE TEST AND IT CANNOT BE APPLIED BLINDLY AND MECHANICALLY WITHOUT REGARD TO THE PARTICULAR FACTS AND CIRCUMST ANCES OF A GIVEN CASE. ( III ) WHAT IS AN OUTGOING OF CAPITAL AND WHAT IS AN OUTGO ING ON ACCOUNT OF REVENUE DEPENDS ON WHAT THE EXPENDITURE IS CALCULATED TO EF FECT FROM A PRACTICAL AND BUSINESS POINT OF VIEW RATHER THAN UPON THE JURISTIC CLASSIFICATION O F THE LEGAL RIGHTS, IF ANY, SECURED, EMPLOYED OR EXHAUSTED IN THE PROCESS. THE QUESTION MUST BE VIEWED IN THE LARGER CONTEXT OF BUSINESS NECESSITY OR EXPEDIENCY. ' 12. IN THE DECISION RELIED UPON BY THE LEARNED COUNSEL APPEARING FOR THE ASSESSEE, AS REFERRED TO ABOVE, IT HAS BEEN SPECIFICALLY HELD TH AT ACQUISITION OF MEMBERSHIP OF THE CLUB WOULD BE REVENUE EXPENDITURE AND NOT CAPITAL E XPENDITURE AND THE DECISION OF THIS COURT RELIED UPON BY THE LEARNED COUNSEL APPEA RING FOR THE ASSESSEE IN WIPRO SYSTEMS ( SUPRA ) WOULD ALSO SHOW THAT THE AMOUNT SPENT TOWARDS THE MEMBERSHIP ACQUIRED BY THE ASSESSEE SHOULD BE TREATED AS REVEN UE EXPENDITURE. THEREFORE, THE CONCURRENT FINDING ARRIVED AT BY THE APPELLATE AUTH ORITY AND THE INCOME-TAX APPELLATE TRIBUNAL THAT THE EXPENDITURE INCURRED FOR ACQUISIT ION OF MEMBERSHIP OF THE CLUB IS REVENUE EXPENDITURE, IS JUSTIFIED AND CANNOT AT ALL SAID TO BE PERVERSE OR ARBITRARY SO AS TO CALL FOR INTERFERENCE IN THIS APPEAL. ACCORDINGL Y, WE ANSWER THE FIRST SUBSTANTIAL QUESTION OF LAW IN ALL THE APPEALS AGAINST THE REVE NUE AND IN FAVOUR OF THE ASSESSEE. RE : SUBSTANTIAL QUESTION OF LAW (2) IN I. T. A. NO . 3011 OF 2005 13. THE ASSESSEE HAD SPENT A SUM OF RS. 11,99,000 TOWA RDS THE ACQUISITION OF ISO 9001 CERTIFICATE AND CLAIMED THAT THE SAID EXPENDIT URE IS REVENUE EXPENDITURE. FURTHER, THE ASSESSING OFFICER BY ORDER DATED FEBRUARY 27, 1 997, HELD THAT THE CERTIFICATE, WHICH HAD BEEN ISSUED ON FEBRUARY 15, 1993, WAS VAL ID FOR A PERIOD OF THREE YEARS ; THAT THE ASSESSEE HAD INCURRED AN EXPENDITURE OF RS . 11,99,000 TOWARDS ACQUISITION OF THE SAID CERTIFICATE AND ACQUIRING OF THE CERTIFICA TE HAS CERTAINLY CREATED THE BENEFIT OF ENDURING NATURE TO THE ASSESSEE AND, ACCORDINGLY, H ELD THAT THE EXPENDITURE IS CAPITAL IN NATURE AND DISALLOWED THE SAME AND ADDED RS. 11,99, 000 TO THE TOTAL INCOME. FURTHER, THE APPELLATE AUTHORITY, BY ITS ORDER DATED JULY 13 , 1998, AFTER CONSIDERING THE CONTENTION OF LEARNED COUNSEL APPEARING FOR THE PAR TIES, HELD THAT THE ISO CERTIFICATE WAS GRANTED AFTER REVIEW OF THE PROCEDURES AND SET UP OF THE BUSINESS ; THEREFORE, IT IS A REPRESENTATION OF THE EXAMINATION CARRIED OUT AND T HE SATISFACTION OBTAINED BY THE ISSUING AUTHORITY AND OBTAINING SUCH CERTIFICATE DO NOT CREATE ANY ASSET OF ENDURING NATURE. THE EXPENDITURE IS OF REVENUE IN NATURE INC URRED WHOLLY AND EXCLUSIVELY FOR THE PURPOSE OF THE APPELLANT AND, THEREFORE, IT SHO ULD BE TREATED AS REVENUE EXPENDITURE. THE APPELLATE AUTHORITY HAS ALSO HELD THAT THE SAID CERTIFICATE ISSUED WAS VALID FOR A PERIOD OF THREE YEARS AND ADVANTAGE OF THE CERTIFICATE WOULD NOT PERSIST BEYOND THE PERIOD FOR WHICH THE CERTIFICATE IS GIVE N. THE INCOME-TAX APPELLATE TRIBUNAL HAS CONFIRMED THE SAID ORDER PASSED BY THE APPELLATE AUTHORITY BY HOLDING THAT THE EXPENDITURE INCURRED TOWARDS ACQUISITION O F ISO-9001 CERTIFICATE IS REVENUE IN NATURE. 7 ITA NO. 289/JP/2017 M/S. V.R. POWER EQUIPMENTS PVT. LTD., JAIPUR. ACCORDINGLY, IN VIEW OF THE DECISION OF THE HONBLE KARNATAKA HIGH COURT, WE FIND THAT THE NATURE OF EXPENDITURE CANNOT BE HELD AS CA PITAL IN NATURE OR TO DERIVE BENEFIT OF ENDURING NATURE, THEREFORE, THE CLAIM OF THE ASSESSEE CANNOT BE DISALLOWED. ACCORDINGLY, WE SET ASIDE THE IMPUGNED ORDER OF LD. PR. CIT, QUA THIS ISSUE. 5. RESTS OF THE GROUNDS ARE NOT PRESSED BY THE ASSE SSEE. ACCORDINGLY, WE DO NOT PROPOSE TO GO TO THE ISSUE RAISED IN THE OTHER GROU NDS. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS PARTLY ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 16/05/201 8. SD/- SD/- HKKXPUN FOT; IKY JKWO (BHAGCHAND) ( VIJAY PAL RAO ) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 16/05/2018. DAS/ VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT-M/S. V.R. POWER EQUIPMENTS PVT. LTD., JAIPUR. 2. IZR;FKHZ@ THE RESPONDENT-THE PR. CIT-1, JAIPUR. 3. VK;DJ VK;QDR@ CIT 4. VK;DJ VK;QDR@ CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE {ITA NO. 289/JP/2017} VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR