ACIT 2(1)(1), MUMBAI V. BANK OF INDIA, MUMBAI

ITA 2907/MUM/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 1819 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-11-2018
• Appeal Filed By: Department
• Order Result: Partly Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2007-2008
• Appeal Filed On: 24-04-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: T KIPGENCIT
• Section: 244A; 115JB; 6; 154

Judgement Text

B IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE SHRI MAHAVIR SINGH , JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER ./ I.T.A. NO.2907 & 2908 / MUM/2017 ( / ASSESSMENT YEAR : 2007 - 08 & 2009 - 10 ) DEPUTY COMMISSIONER OF INCOME - TAX - 2(1)(1), ROOM NO. 561, 5 TH FLOOR, AAYAKAR BHAWAN, M.K.ROAD, MUMBAI - 400020 / V. BANK OF INDIA STAR HOUSE, C - 5, G - BLOCK, BANDRA KURLA COMPLEX, BANDRA(EAST), MUMBAI - 400051 ./ PAN : AAACB0472C ( / APPELLANT ) .. ( / RESPONDENT ) REVENUE BY: SHRI. T.KIPGEN(CIT DR) ASSESSEE BY : SHRI. C.NARESH / DATE OF HEARING : 04 . 09 .2018 / DATE OF PRONOUNCEMENT : 22 .11 .2018 / O R D E R PER RAMIT KOCHAR, ACCOUNTANT MEMBER: THESE TWO APPEAL S , FILE D BY REVENUE, BEING ITA NO. 2907 & 2908/MUM/2017, ARE DIRECTED AGAINST TWO SEPARATE APPELLATE ORDER S DATED 24 TH JANUARY 2017 AND 23 RD JANUARY 2017 FOR ASSESSMENT YEAR(S) 2007 - 08 AND 2009 - 10 RESPECTIVELY PASSED BY LEARNED COMMI SSIONER OF INCOME TAX(APPEALS) - 4 , MUMBAI (HEREINAFTER CALLED THE CIT (A) ) . THE PROCEEDINGS BEFORE LEARN ED CIT(A) HAS ARISEN FROM TWO SEPARATE ORDER(S) PASSED BY LEARNED ASSESSING OFFICER DATED 18.03.3014 AND 25.03.2015 RESPECTIVELY TO GIVE EFFECT TO TWO SEPARATE APPELLATE ORDERS PASSED BY LEARNED CIT(A) FOR AY 2007 - 08 AND 2009 - 10 RESPECTIVELY. I.T.A. NO.2907 & 2908/MUM/2017 2 2. FIRST, WE SHALL TAKE UP APPEAL OF THE REVENUE IN ITA NO. 2907/MUM/2017 FOR AY 2007 - 08 . THE GROUNDS OF APPEAL RAISED BY THE ASSESSEE IN THE MEMO OF APPEAL FILED WITH THE INCOME - TAX APPELLATE TRIBUNAL, MUMBAI (HEREINAFTER CALLED THE TRIBUNAL) READ AS UNDER: - 1. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) WAS CORRECT IN LAW, IN HOLDING THAT THE PROVISIONS OF SECTION 115JB OF THE INCOME TAX ACT,1961 , ARE NOT APPLICABLE TO ASSESSES TO WHOM PROVISO TO SUB - SECTION (2) OF SECTION 211 OF THE COMPANIES ACT,1956 , APPLIES I.E. COMPANIES WHICH ARE NOT REQUIRED TO PREPARE ITS PROFIT AND LOSS ACCOUNT IN ACCORDANCE WITH PART II & III OF SCHEDULE VI OF THE COMPANIES ACT,1956 WITHOUT APPRECIATING THAT UNDER SECTION 115JB(2) OF THE INCOME TAX AC T,1961 , EVERY COMPANY IS MANDATORILY REQUIRED TO PREPARE PROFIT & LOSS ACCOUNT IN ACCORDANCE WITH THE PROVISIONS OF PART II & III OF SCHEDULE VI OF THE COMPANIES ACT,1956 , FOR INCOME TAX PURPOSES? 2. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF TH E CASE, THE LD. CIT(A) WAS CORRECT IN LAW, IN HOLDING THAT THE AMENDMENTS TO SECTION 115JB OF THE INCOME TAX ACT,1961, TO BRING ALL THE COMPANIES (INCLUDING COMPANIES TO WHOM PROVISO TO SUB SECTION (2) OF SECTION 211 OF THE COMPANIES ACT,1956 APPLIES) IS N O T APPLICABLE IN THE ASSESSMENT YEAR UNDER CONSIDERATION WITHOUT APPRECIATING THAT THE SAID AMENDMENT I S CLARIFICATORY IN NATURE AND , THIS, RETROSPECTIVE IN EFFECT? 3. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT(A) WAS CORRECT IN LAW IN HOLDING THAT THE INTEREST PORTION OF THE REFUND ISSUED EARLIER HAS TO BE IGNORED FOR THE PURPOSE OF CALCULATING INTEREST U/S. 244A OF THE INCOME TAX ACT,1961 , PAYABLE TO THE ASSESSEE, ON REFUND ARISING OUT OF THE ORDER GIVING EFFECT TO ORDER OF APPELLATE AUTHORITY? 4. WHETHER ON FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) WAS CORRECT IN LAW, IN INTERPRETING THE PROVISIONS OF SECTION 244A OF THE INCOME TAX ACT, 1961 SO AS TO GRANT BENEFIT NOT ENVISAGED IN THE SECTION . 5. FOR THESE AND OTHER GROUND THAT MAY BE URGED AT THE TIME OF HEARING, THE DECISION OF THE CIT(A) MAY BE SET ASIDE AND THAT OF THE AO RESTORED. I.T.A. NO.2907 & 2908/MUM/2017 3 3 . THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE IS A PUBLIC SECTOR BANK ENGAGED IN THE BUSINESS OF BANKING AND OTHER RELATED FINANCIAL ACTIVITIES. THE FIRST ISSUE AS IS RAISED BY REVENUE IN GROUND NUMBER 1 AND 2 IN ITS APPEAL FOR AY 2007 - 08 FILED WITH TRIBUNAL CONCERNS ITSELF WITH APPLICABILITY OF PROVISI ONS OF SECTION 115JB OF THE 1961 ACT TO THE ASSESSEE BANK FOR THE IMPUGNED ASSESSMENT YEAR 2007 - 08. CONSEQUENT TO THE ORDER GIVING EFFECT DATED 18.03.2014 PASSED BY THE AO , THE INCOME UNDER NORMAL PROVISIONS OF THE 1961 ACT WAS REDUCED TO NIL. HOWEVER , THE BOOK PROFITS AS IS COMPUTED U/S 115JB OF THE 1961 ACT WERE TO THE TUNE OF RS. 858.69 CRORES AND THE ASSESSEE AS PER AO BECAME LIABLE TO PAY MINIMUM ALTERNATE TAX ON BOOK PROFITS COMPUTED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 115JB OF THE 1961 A CT. 4. AGGRIEVED, THE ASSESSEE FILED FIRST APPEAL WITH LEARNED CIT(A). THE LEARNED CIT(A) GRANTED RELIEF TO THE ASSESSEE VIDE APPELLATE ORDER DATED 24.01.2017 FOLLOWING THE TRIBUNAL ORDER IN ASSESSEES OWN CASE FOR AY 2005 - 06 IN ITA NO. 3002/MUM/2014 DATE D 03.08.2016. . 5. AGGRIEVED , THE REVENUE HAS FILED SECOND APPEAL WITH TRIBUNAL. THE LEARNED DR RELIED UPON THE ORDER OF THE AO WHILE THE LEARNED COUNSEL FOR THE ASSESSEE RELIED UPON EARLIER YEAR ORDERS PASSED BY TRIBUNAL IN ASSESSEES OWN CASE IN ITA NO . 3002/MUM/2014 FOR AY 2005 - 06 , ORDER DATED 03.08.2016 AND ORDER PASSED BY TRIBUNAL IN ITA NO. 1498/MUM/2011 FOR AY 2001 - 02, ORDER DATED 09.04.2014 . THE LD. COUNSEL FOR THE ASSESSEE ALSO RELIED UPON DECISION OF THE KOLKATTA - TRIBUNAL IN THE CASE OF UCO B ANK V. DCIT IN ITA NO. 1768/KOL./2009 VIDE ORDERS DATED 27 - 11 - 2015 WHERE IN ONE OF US BEING JUDICIAL MEMBER WAS MEMBER OF DIVISION BENCH WHO PASSED THE SAID ORDER. 6. WE HAVE CONSIDERED RIVAL CONTENTIONS AND PERUSED MATERIAL ON RECORD INCLUDING CITED CASE LAWS. THIS ISSUE IS A RECURRING ISSUE IN ASSESSEES OWN CASE AND THE TRIBUNAL WAS PLEASED TO DECIDE THIS ISSUE OF NON - APPLICABILITY OF MINIMUM ALTERNATIVE TAX (POPULARLY CALLED AS I.T.A. NO.2907 & 2908/MUM/2017 4 MAT) ON BOOK PROFITS U/S 115JB OF TH E 1961 ACT IN THE CASE OF BANKS IN FAVO UR OF THE ASSESSEE VIDE APPELLATE ORDERS PASSED BY THE TRIBUNAL IN ASSESSEES OWN CASE IN ITA NO. 1498/MUM/2011 , VIDE ORDERS DATED 09.04.2014 FOR AY 2001 - 02 AND ORDERS PASSED BY TRIBUNAL IN ITA NO. 3002/MUM/2014 FOR AY 2005 - 06, VIDE ORDERS DATED 03.08.2016. WHILE DECIDING APPEAL FOR AY 2001 - 02 , THE TRIBUNAL HAS ALSO CONSIDERED THE AMENDMENT BROUGHT IN THE SECTION 115JB OF THE 1961 ACT BY FINANCE ACT,2012 W.E.F. 01.04.2013 WHICH WAS HELD TO BE NOT APPLICABLE TO THE ASSESSMENT YEAR UNDER CON SIDERATION BEF ORE THE TRIBUNAL VIZ. AY 2001 - 02 IN ITA NO. 1498/MUM/2011 . THE IMPUGNED ASSESSMENT YEAR BEFORE US IS AY 2007 - 08 WHICH IS ALSO PRIOR TO AMENDMENT IN SECTION 115JB BY FINANCE ACT, 2012 W.E.F. 01.04.2013. S IMILAR VIEW WAS TAKEN BY THE TRIBUNAL F OR AY 2005 - 06 IN ITA NO. 3002/MUM/2014 IN FAVOUR OF THE ASSESSEE VIDE ORDERS DATED 03.08.2016 IN ASSESSEES OWN CASE , WHEREIN TRIBUNAL FOLLOWED ITS OWN DECISION FOR AY 2006 - 07. SIMILAR VIEW AS TO NON APPLICABILITY OF MINIMUM ALTERNATE TAX (MAT) ON BOOK PR OFITS COMPUTED U/S 115JB OF THE 1961 ACT WAS TAKEN BY KOLKATTA - TRIBUNAL IN ITA NO. 1768/KOL/2009 FOR AY 2002 - 03 IN UCO BANK V. DCIT , VIDE ORDERS DATED 27.11.2015 , WHEREIN THE KOLKATTA TRIBUNAL CONCLUDED THAT AMENDMENT BROUGHT IN BY FINANCE ACT,2012 IN SEC TION 115JB READ WITH EXPLANATION 3 THEREON IS PROSPECTIVE IN NATURE AND SHALL BE APPLICABLE FROM AY 2013 - 14 ONWARDS IN LINE WITH NOTES TO CLAUSES OF FINANCE ACT, 2012 . ONE OF US NAMELY HONBLE JUDICIAL MEMBER WAS PART OF THE DIVISION BENCH WHO PASSED THE A PPELLATE ORDER IN THE CASE OF UCO BANK(SUPRA). WE HAVE ALSO OBSERVED THAT HONBLE DELHI HIGH COURT IN THE CASE OF CIT(LTU) V. ORIENTAL INSURANCE COMPANY LIMITED IN ITA NO. 447 OF 2015 VIDE ORDERS DATED 30.08.2015 , HELD AS UNDER: APPLICABILITY OF SECTI ON 115JB TO INSURANCE COMPANIES 54. TURNING NOW TO ITA NO.447/2015, THE QUESTION CONCERNS THE APPLICABILITY OF SECTION 115JB OF THE ACT TO INSURANCE COMPANIES. THE ITAT HAS PERMITTED THE ASSESSEE TO RAISE THIS QUESTION SINCE, I.T.A. NO.2907 & 2908/MUM/2017 5 IN A LARGE NUMBER OF JUDGMENTS OF THE ITAT, THE QUESTION HAS BEEN ANSWERED IN FAVOUR OF THE ASSESSEE. 55. IT IS PLAIN, FROM A READING OF SECTION 44 READ WITH THE FIRST SCHEDULE OF T HE ACT,THAT INSURANCE COMPANIES ARE REQUIRED TO PREPARE ACCOUNTS AS PER THE IA AND THE REGULATIONS OF THE IRDA AND NOT AS PER PARTS II AND III OF SCHEDULE VI OF THE COMPANIES ACT. THE ASSESSEE PREPARES ITS ACCOUNTS AS PER THE IRDA PRINCIPLES.THE IRDA REGULATIONS GOVERN THE PREPARATION OF THE AUDITORS REPORT. 56. CONSEQUENTLY, THE QUESTION FRAMED IN ITA NO.447/2015 IS ANSWERED IN THE AFFIRMATIVE, I.E. IN FAVOUR OF THE ASSESSEE AND AGAINST THE REVENUE BY HOLDING THAT SECTION115JB OF THE ACT DOES NOT APPLY TO INSURANCE COMPANIES. WE ARE REPRODUCING THE ORDER OF THE TRIBUNAL FOR AY 2005 - 06 IN ASSESSEES OWN CASE IN ITA NO. 3002/MUM/2014 , AS UNDER: 2. THIS APPEAL HAS BEEN PREFERRED BY THE ASSESSEE BEFORE THE LD CIT(A) AGAINST THE ORDER PASSED BY THE AO TO GIVE EFFECT TO THE ORDER PASSED BY THE FIRST APPELLATE AUTHORITY. AFTER GIVING EFFECT , THE TOTAL INCOME BECAME A NEGATIVE FIGURE AND HENCE THE AO ASSESSED THE TOTAL INCOME BY ADOPTING BOOK PROFIT COMPUTED U/S 115JB OF THE ACT. THE LD CIT(A) CONFIRMED THE SAME BY FOLLOWING HIS ORDER PASSED IN THE FIRST ROUND OF PROCEEDINGS. AGGRIEVED, THE ASSESSEE HAS CHALLENGED THE ORDER PASSED BY LD CIT(A) ON THIS ISSUE. 3.THE LD A.R SUBMITTED THAT THIS ISSUE HAS BEEN DECIDED IN FAVOUR OF THE ASSESSEE IN AY 2006 - 07, WHEREIN THE TRIBUNAL HAS FOLLOWED THE DECISION RENDERED IN THE ASSESSEES OWN CASE IN ITA NO.1498/MUM/2011 RELATING TO AY 2001 - 02. ACCORDINGLY HE PRAYED THAT THIS ISSUE MAY BE DECIDED IN ACCORDANCE WITH THE DECISION TAKEN BY THE CO - ORDINATE BENCHES. 4. WE HEARD LD D.R AND PER USED THE RECORD. CONSISTENT WITH THE VIEW TAKEN IN AY 2006 - 07, WE SET ASIDE THE ORDER PASSED BY LD CIT(A) ON THIS ISSUE AND HOLD THAT THE PROVISIONS OF SEC. 115JB SHALL NOT BE APPLICABLE FOR BOTH THE YEARS UNDER CONSIDERATION. RESPECTFULLY FOLLOWING THE AFORESAID DECISION OF MUMBAI - TRIBUNAL FOR AY 2005 - 06 IN ASSESSEES OWN CASE WHICH FOLLOWED THE DECISION OF MUMBAI - TRIBUNAL FOR AY 2006 - 07 IN ASSESSEES OWN CASE , WE HOLD THAT I.T.A. NO.2907 & 2908/MUM/2017 6 PROVISIONS OF SECTION 115JB SHALL NOT BE APPLICABLE TO THE ASSESSEE BANK FOR THE IMPUGNED ASSESSMENT YEAR UNDER CONSIDERATION VIZ. AY 2007 - 08. THE GROUND NO. 1 AND 2 ARE DECIDED IN FAVOUR OF THE ASSESSEE. THE APPEAL OF THE REVENUE ON THESE GROUND NO. 1 AND 2 STOOD DISMISSED. WE ORDER ACCORDINGLY. 7. THE NEXT GROUND NUMBER 3 AND 4 R AISED BY REVENUE IN ITS APPEAL FOR AY 2007 - 08 R ELATES TO COMPUTATION OF GRANT OF INTEREST U/S 244A OF THE 1961 ACT PAYABLE TO THE ASSESSEE , ON REFUND ARISING OUT OF THE ORDER GIVING EFFECT TO ORDER OF THE APPELLATE AUTHORITY OR CONSEQUENT TO ORDER PASSED U/S 154 OF THE 1961 ACT . THE IDENTICAL ISSUE IS ALSO RECURRING ISSUE IN ASSESSEES OWN CASE WHEREIN TRIBUNAL HAS RESTORED THE ISSUE BACK TO THE AO WITH CERTAIN DIRECTIONS. THE TRIBUNAL ORDER IN ASSESSEES OWN CASE FOR AY 2005 - 06 IN ITA NO. 3002/MUM/2014 , VIDE ORDERS DATED 03.08.2016 IS REPRODUCED HEREUNDER: 5. THE NEXT ISSUE CONTESTED BY THE ASSESSEE RELATES TO THE GRANTING OF INTEREST U/S 244A OF THE ACT. THE LD A.R SUBMITTED THAT THE ASSESSEE HAS BEEN RECEIVING REFUNDS UPON PASSING OF ORDERS BY THE APPELLATE AUTHORITIES OR UPON PASSING OF ORDERS U/S 154 OF THE ACT. THE LD A.R SUBMITTED THAT THE AO HAS MADE ADJUSTMENT OF REFUND (CONSISTING OF TAX AND INTEREST) ALREADY GRANTED AGAINST THE REFUND OF TAX DUE IN EACH OF THE SUCCESSIVE ORDERS. THE LD A.R SUBMITTED THAT THE ENTIRE AMOUNT OF REFUND (BOTH TAX AND INTEREST) GRANTED SHOULD BE FIRST ADJUSTED AGAINST THE INTEREST PORTION THAT HAS BECOME DUE AND THEN THE REMAINING AMOUNT, IF ANY, SHOULD BE ADJUSTED AGAINST THE TAX PORTION OF THE REFUND THAT HAS B ECOME DUE. IN SUPPORT OF HIS CONTENTIONS, THE LD A.R PLACED RELIANCE ON THE DECISION RENDERED BY THE TRIBUNAL IN THE ASSESSEES OWN CASE IN ITA NO.5444 TO 5446/MUM/2013 DATED 22.12.2014 AND ALSO THE DECISION RENDERED BY THE TRIBUNAL IN THE CASE OF UNION BA NK OF INDIA (ITA NO.571 & 574/MUM/2013 DATED 23.6.2014). 6. WE HEARD THE PARTIES ON THIS ISSUE. SINCE IT IS MATTER INVOLVING COMPUTATION OF ELIGIBLE AMOUNT OF INTEREST U/S 244A OF THE ACT, WE ARE OF THE VIEW THAT THIS ISSUE REQUIRES FRESH EXAMINATION AT THE END OF THE AO. IN THE DECISIONS RELIED UPON BY THE ASSESSEE, THE TRIBUNAL HAS FOLLOWED THE DECISION RENDERED BY HONBLE DELHI HIGH COURT IN THE CASE OF INDIA TRADE PROMOTION ORGANISATION VS. CIT (361 ITR 646) AND ACCORDINGLY GIVEN DIRECTION TO THE AO TO FOLLOW THE SAID DECISION. CONSISTED WITH THE VIEW TAKEN BY THE TRIBUNAL, WE RESTORE THIS ISSUE TO HIS FILE WITH THE DIRECTION TO I.T.A. NO.2907 & 2908/MUM/2017 7 EXAMINE THIS ISSUE AFRESH BY FOLLOWING THE DECISION RENDERED IN THE CASE OF INDIA TRADE PROMOTION ORGANISATION (SUPRA). RE SPECTFULLY FOLLOWING THE DECISION OF THE TRIBUNAL IN ASSESSEES OWN CASE FOR AY 2005 - 06, WE RESTORE THIS ISSUE TO THE FILE OF THE AO WITH SIMILAR DIRECTIONS AS WERE GIVEN BY TRIBUNAL FOR AY 2005 - 06 IN ITA NO. 3002/MUM/2014 MORE PARTICULARLY IN THE LIGHT OF DECISION OF HONBLE DELHI HIGH COURT IN THE CASE OF INDIA TRADE PROMOTION ORGANISATION (SUPA) , VIDE ORDERS DATED 03.08.2016. THE GROUND NO. 3 AND 4 RAISED BY REVENUE ARE ALLOWED FOR STATISTICAL PURPOSES. WE ORDER ACCORDINGLY. 8. GROUND NO. 5 RAISED BY REVE NUE IN ITS APPEAL IS GENERAL IN NATURE AND IS ACCORDINGLY DISMISSED. 9 . IN THE RESULT APPEAL OF THE REVENUE IN ITA NO. 2907/MUM/2017 FOR AY 2007 - 08 IS PARTLY ALLOWED AS INDICATED ABOVE. 10. THE APPEAL FILED BY REVENUE IN ITA NO. 2908/MUM/2017 FOR AY 2009 - 1 0 RAISES ISSUE CONCERNING APPLICABILITY OF PROVISIONS OF SECTION 115JB TO THE BANKS. THE ISSUE IS ALREADY DECIDED BY US FOR AY 2007 - 08 IN PRECEDING PARAS OF THIS COMMON ORDER IN FAVOUR OF THE ASSESSEE. THE FACTS IN THE INSTANT YEAR ARE SIMILAR TO THE FACT S FOR AY 2007 - 08. THUS, RESPECTFULLY FOLLOWING OUR DECISION IN PRECEDING PARAS OF THIS ORDER FOR AY 2007 - 08, WE DECIDE THE ISSUE IN FAVOUR OF THE ASSESSEE. THE GROUND NO. 1 AND 2 RAISED BY REVENUE IN ITS ITA NO. 2908/MUM/2017 FOR AY 2009 - 10 ARE DISMISSED. WE ORDER ACCORDINGLY. 11. THE GROUND NO. 3 RAISED BY REVENUE IN ITS APPEAL FOR AY 2009 - 10 IS GENERAL IN NATURE AND IS DISMISSED. WE ORDER ACCORDINGLY. 1 2 . IN THE RESULT APPEAL OF THE REVENUE IN ITA NO. 2908/MUM/2017 FOR AY 2009 - 10 IS DISMISSED AS INDI CATED ABOVE. 1 3. IN THE RESULT APPEAL OF THE REVENUE IN ITA NO. 2907/MUM/2017 FOR AY 2007 - 08 IS PARTLY ALLOWED AS INDICATED ABOVE IN PRECEDING I.T.A. NO.2907 & 2908/MUM/2017 8 PARAS OF THIS ORDER , WHILE APPEAL OF THE REVENUE IN ITA NO. 2908/MUM/2017 FOR AY 2009 - 10 IS DISMISSED , AS INDICATED ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 2 2 .1 1 .2018. 2 2 .1 1 .2018 S D / - S D / - ( MAHAVIR SINGH) (RAMIT KOCHAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 2 2 .11 .2018 NISHANT VERMA SR. PRIVATE SECRETARY COPY TO 1 . THE APPELLANT 2 . THE RESPONDENT 3 . THE CIT(A) CONCERNED, MUMBAI 4 . THE CIT - CONCERNED, MUMBAI 5 . THE DR BENCH, 6 . MASTER FILE / / TUE COPY// BY ORDER DY/ASSTT. REGISTRAR ITAT, MUMBAI