SHRI SOPAN RAMESH GODBOLE, AMRAVATI V. INCOME TAX OFFICER WARD-1, AMRAVATI

ITA 310/NAG/2017

• Counselvise Citation: [2014] 117 COUNSELVISE.COM (IT) 8897 (ITAT-NAGPUR)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 23-10-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 08-08-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R K BARAL
• Keywords: Business income; Charitable institution; Set aside
• Section: 69; 148

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI SHAMIM YAHYA , ACCOUNTANT MEMBER AND SHRI RAM LAL NEGI , JUDICIAL MEMBER ITA NO S . 310 TO 312/ NAG. / 2017 ( ASSESSMENT YEAR : 2007 - 08 TO 2009 - 10 ) SHRI SOPAN RAMESH GODBOLE SANSKAR, DEORANKAR NAGAR, AMRAVATI - 444 601 PAN AEOPG 7587 E APPELLANT V/S THE INCOME TAX OFFICER, WARD - 1, AMRAVATI .... RESPONDENT A S SESSEE BY : SHRI K. P. DEWANI REVENUE BY : SHRI R. K. BARAL DATE OF HEARING 10.05.2018 DATE OF ORDER 01.06 .2018 O R D E R PER BENCH : TH ESE ARE APPEALS BY THE ASSESSEE AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) FOR THE CONCERNED ASSESSMENT YEAR S . 2. THE COMMON GROUND S OF APPEAL READS AS UNDER: - 1. THE HON'B'LE C IT (A) ERRED I N CONFIRMING THE ADDITION MADE BY A.O. AT RS.12,50,000 / - U/S 69A OF I.T. ACT 1961. 2. THE ADD ITION MADE BY A.O. AT RS.12, 50,000 / - U/S 69A OF I.T. ACT 1961 IS UNJUSTIFIED, UNWARRANTED AND BAD IN LAW. 3. THE LEARNED A.O. ERRED IN MAKING ADDITION AT RS.12,50,000 / - U / S 69A OF I.T. ACT 1961 ON ACCOUNT BANK DEPOSITS IN BANK ACCOUNT NO. 3363 WITH AKOLA URBAN CO - OPERATIVE BANK WHICH BELONG TO TRUST. 4. THE LEARNED A.O. & CIT(A) ERRED IN HOLDING THAT TRANSACTIONS IS SAVING BANK ACCOUNT NO. 3363 WITH AKOLA URBAN CO OPERATIVE BANK RELATED TO ASSESSEE AND NOT TO CHARITABLE TRUST NAMELY SHRIHARI SEWA AND ANUSANDHAN KENDRA,BADNERA, ITA NOS.310 TO 312/NAG./2017 SHRI SOPAN RAMESH GODBOLE 2 5. THE LEARNED A.O. AND CIT(A) ERRED IN N OT CONSIDERING THE WITHDRAWALS FROM BANK ACCOUNT AS SOURCE OF BANK DEPOSIT IN TO ORDER TO MAKE ADDITION OF PEAK AMOUNT IF ANY. 6. ANY OTHER GROUND THAT SHALL BE PRAYED AT THE TIME OF HEARING. 3. THE ABOVE GROUNDS RELATE TO CONFIRMATION OF FOLLOWING A DDITIONS U/S. 69A: ASSESSMENT YEAR AMOUNT 2007 - 08 RS.12,50,000/ - 2008 - 09 RS.10,79,000/ - 2009 - 10 RS.11,93,340/ - 4. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE IS ENGAGED IN THE BUSINESS OF RETAIL TRADING IN FOODGRAINS. RETURNS HAVE BEEN FILED FOR THESE THREE YEARS SHOWING B USINESS INCOME U/S 44AF OF THE IT ACT ALONG WITH INTEREST INCOME. AS PER AIR INFORMATION RECEIVED FOR ASSESSMENT YEAR 2008 - 09, THE ASSESSEE IS FOUND TO HAVE MADE CASH DEPOSITS OF RS. 10,79,000 / - IN BANK ACCOUNT NO. 3363 IN AKOLA U RBAN CO - OPERATIVE BANK . THE SAID BANK ACCOUNT IS IN JOINT NAMES OF THE ASSESSEE ONE AND SHRI MAHEH HEMANT PARANJAPE. AS PER THE ASSESSEE T HIS JOINT BANK ACCOUNT HAS OPENED FOR THE BENEFIT OF A CHARITABLE TRUST NAMELY SHRIHARI SEWA & ANUS ANDHAN KENDRA, BADNERA UNDER WHICH THERE IS A SANT GADGEBABA BLOOD BANK. THE ASSESSEE IS A TRUSTEE IN THE SAID TRUST IN WHICH HIS FATHER NAMELY SHRI RAMESH GODBOLE IS THE MANAGING TRUSTEE. SHRI MAHESH PARANJAPE IS RELATIVE / COUSIN OF THE ASSESSEE . STATEMENT OF MANAGING TRUSTEE I.E. FATHER OF THE ASSESSEE HAS ALSO BEEN RECORDED ON 10.11.2010 BY ASSESSING OFFICER . AFTER ANALYSING THIS STATEMENT AND EXAMINATION OF THE TRUST'S BALANCE SHEET & AUDIT REPORTS FOR THE YEARS 2004 - 05, 2005 - 06, 2006 - 07 & 2007 - 08, THE AO H AS CONCLUDED THAT VARIOUS CASH DEPOSITS MADE IN THE SAID BANK ACCOUNT BELONG TO THE ASSESSEE AND HAVE REMAINED UNEXPLAINED & HAS, ACCORDINGLY, MADE ADDITION U/S 69 OF THE IT ACT. CONSEQUENTLY, NOTICE U/S 148 BEEN ISSUED BY THE ASSESSING OFFICER IN CA SE OF THE ASSESSEE FOR ASSESSMENT YEARS 2007 - 08, & ITA NOS.310 TO 312/NAG./2017 SHRI SOPAN RAMESH GODBOLE 3 2009 - 10 AFTER DULY RECORDING THE REASONS THEREFOR. IN RESPONSE, THE ASSESSEE HAS STATED THAT ORIGINAL RETURNS BE TREATED AS FILED IN RESPONSE TO SAID NOTICE. FOR THESE TWO ASSESSMENT YEARS ALSO I.E. AY 200 7 - 08 & 2009 - 10, THE ASSESSEE HAS MADE SIMILAR SUBMISSIONS THAT REAL AND ACTUAL BENEFICIARY OF THE SAID JOINT BANK ACCOUNT IS THE CHARITABLE TRUST & THE BLOOD BANK RUN BY IT. BY RELYING ON THE FINDINGS OF THE ASSESSING OFFICER FOR AY 2008 - 09, THE ASSESSING OFFICER H AS NOT ACCEPTED ASSESSEE 'S SUBMISSIONS & HAS MADE SIMILAR ADDITION U/S 69 FOR AY 2007 - 08 & 2009 - 10 ALSO . 5. UPON THE ASSESSEES APPEAL, THE LD. COMMISSIONER OF INCOME TAX (APPEALS) CONFIRMED THE ADDITION BY OBSERVING AS UNDER: 4.1 ON CAREFUL PE RUSAL OF MATERIAL ON RECORDS, IT IS PERTINENT TO NOTE THAT ORIGINALLY NEITHER THE APPELLANT NOR EVEN THE SAID TRUST HAVE DISCLOSED THE SAID SAVING BANK ACCOUNT NO. 3363 IN AKOLA URBAN CO - OP BANK IN THEIR RESPECTIVE RETURNS WHEN ALL OTHER BANK ACCOUNTS HAVE BEEN SHOWN AS SUCH. IN FACT, EVEN INITIALLY, THE APPELLANT HAS NOT SUBMITTED THIS BANK ACCOUNT STATEMENT IN RESPONSE TO NOTICE U/S 143(2)7142(1) ISSUED ON 14.07.2010. IT IS ONLY WHEN THE APPELLANT HAS BEEN SPECIFICALLY ASKED BY THE AO ON 29.07.2010 THAT T HE APPELLANT, THROUGH HIS AR, HAS SUBMITTED ON 20,09.2010 THAT THIS ACCOUNT IS OPERATED BY HIM, ALBEIT FOR PURPOSES OF OD BANK/ CHARITABLE TRUST OF WHICH HE IS A TRUST & HIS FATHER IS MANAGING STEE. IT IS FURTHER SEEN THAT THE OTHER ACCOUNT HOLDER VIZ. SHR I MAHESH PARANJAPE, COUSIN OF THE APPELLANT, IS NOT A TRUSTEE OF THE SAID TRUST. AND, IN FACT, AS PER APPELLANT'S OWN ADMISSION & SUBMISSION MADE DURING ASSESSMENT PROCEEDINGS OF SHRI MAHESH PARANJAPE, SHRI MAHESH HAS NO KNOWLEDGE OF TRANSACTIONS MADE THRO UGH THIS ACCOUNT & THE APPELLANT HAS TAKEN FULL RESPONSIBILITY FOR ALL THE DEPOSITS & WITHDRAWALS IN THE SAID JOINT ACCOUNT. FURTHER, EVEN THE TRUST HAS NOT DECLARED THIS BANK ACCOUNT OR ANY MONEY RECEIVED THEREFROM IN ITS ORIGINAL RETURNS, AUDIT REPORTS & FINANCIAL STATEMENTS FOR THE PERIOD 01.04.2007 TO 31.03.2008 AS FILED BEFORE THE RELEVANT AUTHORITY I.E. ASSISTANT CHARITY COMMISSIONER, AMRAVATI. THESE AUDIT REPORTS & STATEMENTS HAVE BEEN REVISED EN MASSE BY THE MANAGING TRUSTEE WHEN HE HAS BEEN EXAMINE D BY THE AO IN THE ASSESSMENT PROCEEDINGS OF THE APPELLANT. ALSO NEITHER THE APPELLANT NOR THE MANAGING TRUSTEE OF THE TRUST I.E. HIS FATHER HAVE BEEN ABLE TO SATISFACTORILY EXPLAIN THE REASON FOR OPENING THE SAID JOINT ACCOUNT AND SOURCE OF DEPOSITS MADE THEREIN AT BOTH STAGES OF PROCEEDINGS I.E. ASSESSMENT AS WELL AS APPEAL. AO IS FOUND TO HAVE MADE THE IMPUGNED ADDITIONS AFTER DETAILED INVESTIGATIONS AND ANALYSIS OF VARIOUS MATERIAL BEFORE HIM, AS REPRODUCED IN EARLIER PARAS OF THIS APPEAL UNDER. ITA NOS.310 TO 312/NAG./2017 SHRI SOPAN RAMESH GODBOLE 4 4.2 DURING THE COURSE OF APPEAL PROCEEDINGS, THE APPELLANT'S AR HAS FURTHER CONTENTED THAT IF THE SAID ACCOUNT IS HELD TO BE BELONGING TO THE APPELLANT, EVEN THEN NO ADDITION IS WARRANTED U/S 69 SINCE THE APPELLANT HAS FILED RETURN DECLARING BUSINESS INCOME U/ S 44AF & THE SAID DEPOSITS GET COVERED IN THESE BUSI NESS RECEIPTS. THESE SUBMISSIONS OF THE APPELLANT ARE NOT FOUND ACCEPTABLE & ARE CONSTRUED AS ONLY AFTERTHOUGHT. THE FACT REMAINS THAT THE APPELLANT IS FOUND TO AN UNDISCLOSED SAVING, AND NOT CURRENT BANK ACCOUNT IN HIS NAME, ALBEIT JOINTLY HELD BUT OWNED UP SOLELY BY THE APPELLANT HIMSELF, WHICH HAS NOT BEEN FOUND DISCLOSED ORIGINALLY NOR ITS DEPOSITS BEEN EXPLAINED SATISFACTORILY. IT IS FURTHER NOTED THAT THE APPELLANT HAS ANOTHER BANK ACCOUNT IN SBI, AM RAVATI. 4 3 AFTER PERUSAL OF ENTIRE MATERIAL ON RECORDS, AO IS FOUND JUSTIFIED IN TREATING THE DEPOSITS MADE IN SAID SAVING BANK ACCOUNT AS UNEXPLAINED IN THE HANDS OF THE APPELLANT. ACCORDINGLY, ADDITION MADE FOR RS.12,50,000/ - , RS.10,79,000/ - & RS.11,9 3,340/ - FOR AYS. 2007 - 08, 2008 - 09 & 2009 - 10 RESPECTIVELY IS HEREBY, CONFIRMED. 6. AGAINST THE ABOVE ORDER, THE ASSESSEE IS IN APPEAL BEFORE US. 7. WE HAVE HEARD BOTH THE COUNSEL AND PERUSED THE RECORDS. THE SUBMISSION OF THE LD. COUNSEL OF THE ASSESSEE IN THIS REGARD IS SUMMARIZED AS UNDER: A) IN THE CASE OF ASSESSEE ADDITION HAS BEEN MADE U/S 69 IN RESPECT TO DEPOSIT IN BANK A/C NO. 3363 WITH AKOLA URBAN CO - OPERATIVE BANK FOR ASSTT.YEAR 2007 - 08 TO 2009 - 10 AS UNDER: ASSTT.YEAR AMOUNT 2007 - 08 RS.12,5 0,000/ - 2008 - 09 RS.10,79,000/ - 2009 - 10 RS.11,93,340/ - B) ASSESSEE IS TRUSTEE OF SHRIHARI SEVA AND ANUSANDHAN KENDRA, BADNERA. THE CHARITABLE TRUST OPERATES BLOOD BANK IN THE VICINITY OF BADNERA. THE AFORESAID TRUST IS REGISTERED TRUST WITH CHARITY COM MISSIONER FROM 10/12/2004 HOLDING REGISTRATION NO. E440 (PAGE - 22). C) THE AFORESAID CHARITABLE TRUST HAS SUBMITTED INCOME TAX RETURN REGULARLY WITH INCOME TAX DEPARTMENT AND FINANCIAL STATEMENT SUBMITTED ALONGWITH RETURN OF INCOME HAVE BEEN ACCEPTED A ND HAS NOT BEEN DISPUTED BY DEPARTMENT. D) IN THE REVISED AUDITED BALANCE SHEET OF THE CHARITABLE TRUST THE TRANSACTION IN RESPECT TO BANK ACCOUNT NO.3363 WITH AKOLA URBAN CO - OPERATIVE BANK ARE PROPERLY INCORPORATED. THE INTEREST INCOME IN RESPECT TO BANK ACCOUNT IS ALSO INCORPORATED IN THE FINANCIAL STATEMENT OF CHARITABLE TRUST. E) THE RESOLUTION BY BANK TO OPEN BANK ACCOUNT IN THE NAME OF ASSESSEE AND SHRI MAHESH PARANJAPE WAS SUBMITTED BEFORE A.O. AND SAME HAS NOT BEEN FOUND TO BE INCORRECT OR FALSE. (P - 23 TO 25) ITA NOS.310 TO 312/NAG./2017 SHRI SOPAN RAMESH GODBOLE 5 F) ASSESSEE IN THE COURSE OF ASSESSMENT PROCEEDINGS HAS SUBMITTED AFFIDAVIT THAT THE BANK A/C NO. 3363 WITH AKOLA URBAN CO - OPERATIVE BANK BELONGS TO CHARITABLE TRUST AND THE ENTIRE TRANSACTIONS ARE RECORDED IN THE BOOKS OF ACCOUNT OF CHARITABLE TRUST AND NOTHING BELONGS TO ASSESSEE. THE CONTENTS OF AFFIDAVIT SUBMITTED IN THE COURSE OF ASSESSMENT PROCEEDINGS HAVE GONE UNREBUTTED IN AS MUCH AS ASSESSEE HAS NOT BEEN EXAMINED IN RESPECT TO AFFIDAVIT SUBMITTED AND CONTENTS OF AFF IDAVIT ARE TO BE TAKEN AS TRUE AND CORRECT. (P - 26 TO 28). RELIANCE ON: I) 30ITR181 (SC) M/S. MEHTA PAREKH & CO. VS. CIT G) THE MANAGING TRUSTEE SHRI RAMESH GODBOLE WAS EXAMINED BY A.O. IN THE COURSE OF ASSESSMENT PROCEEDINGS WHEREIN IT WAS STATED ON OATH THE BANK A/C NO. 3363 WITH AKOLA URBAN CO - OPERATIVE BANK BELONGS TO TRUST NOT TO SHRI SOPAN GODBOLE. THE STATEMENT OF SHRI RAMESH GOTBOLE HAS BEEN IGNORED FOR NO VALID JUSTIFICATION. (P - 29 TO 36). H) THE BANK STATEMENT INDICATES THAT ALL THE TRANSACTIONS APPEARING IN BANK STATEMENT ARE RECORDED IN BOOKS OF ACCOUNT OF CHARITABLE TRUST. NOT A SINGLE TRANSACTI ON APPEARING IN BANK ACCOUNT HAS BEEN FOUND TO BE PERTAINING TO ASSESSEE OR HIS ACTIVITIES. (P - 6) I) IN THE ASSESSMENT YEAR 2007 - 08 ADDITION HAS BEEN MADE U/S 69 AT RS.12.50 LACS. THE PERUSAL OF BANK STATEMENT INDICATES THAT THE DEPOSITS IN BANK ACCOUNT ARE MUCH MORE THAN THE ABOVE SUM. THE THREE DEPOSITS AT RS.1,00,693/ - ON 20/04/2006 AND RS.1,01,495/ - ON 06/06/2006 AND RS.2,04,275/ - ON 31/07/2006 ARE ACCEPTED TO BE THAT OF CHARITABLE TRUST.. THE AFORESAID DEPOSITS ARE IN RESPECT TO ENCASHMENT OF FIXED DEPOSIT APPEARING IN BALANCE SHEET OF CHARITABLE TRUST AS ON 31/03/2006. (P - 12). THIS CLEARLY DEMONSTRATES THAT THE BANK ACCOUNT IS IN RESPECT TO TRANSACTION OF TRUST AND IS NOT INDIVIDUAL TRANSACTION OF ASSESSEE. J) IN THE COURSE OF ASSESSMEN T PROCEEDINGS ASSESSEE HAS SUBMITTED COMPLETE DETAILS AS REGARD TO DONATION OF TRUST BEING DEPOSITED IN BANK ACCOUNT NO.3363. THE AFORESAID SUBMISSION IS RECORDED BY A.O. AT PAGE 3 OF THE ASSESSMENT ORDER. THE SUBMISSION IS MADE BEFORE A.O. HAS NOT BEEN FO UND TO BE INCORRECT OR FALSE. (P - 44 TO 48). K) ASSESSEE IS REGULARLY ASSESSED TO INCOME TAX AND HAS BEEN DECLARING INCOME U/S 44AF OF IT. ACT 1961 IN RESPECT TO RETAIL TRADING OF FOOD GRAIN AND INTEREST FROM BANK. INCOME AS SHOWN IN THE RETURN HAS BEE N ACCEPTED WITHOUT INVITING ANY ADVERSE OBSERVATION. ASSESSEE HAS NO OTHER INDEPENDENT SOURCE OF INCOME OTHER THAN THOSE SHOWN IN RETURN AND THUS POSSIBILITY OF ANY INCOME FROM UNEXPLAINED SOURCE DOES NOT ARISE. THE EXPLANATION SUBMITTED BY ASSESSEE ALONG WITH CORROBORATIVE LEGAL EVIDENCE FULLY EXPLAINS THE TRANSACTIONS IN BANK ACCOUNT NO.3363 AND THUS ADDITION FOR DEPOSIT IN SUCH ACCOUNT IN CASE OF ASSESSEE IS UNJUSTIFIED AND UNSUSTAINABLE. (P - 2). L) ASSESSEE INVITES ATTENTION TO THE COMPUTATION OF I NCOME TO SHOW THAT ASSESSEE IS HAVING INDIVIDUAL ACCOUNT WITH BANK OF MAHARASHTRA, DETAILS OF WHICH ARE INDICATED IN THE COMPUTATION OF RETURN OF INCOME. (P - 2) ITA NOS.310 TO 312/NAG./2017 SHRI SOPAN RAMESH GODBOLE 6 M) A.O. HAS NOT BROUGHT ANY SINGLE EVIDENCE ON RECORD TO SHOW THAT EVEN A SINGLE ITEM OF WI THDRAWAL FROM BANK ACCOUNT IS BEING USED FOR PERSONAL USE OF ASSESSEE. THE ENTIRE WITHDRAWAL FROM BANK ACCOUNT HAS GONE FOR APPLICATION OF EXPENDITURE /INVESTMENT OF CHARITABLE TRUST AND THUS THERE IS NO JUSTIFICATION FOR MAKING ADDITION AT THE HANDS OF AS SESSEE. N) IT IS SETTLED PROPOSITION OF LAW THAT PROVISIONS OF SECTION 69 ARE NOT MANDATORY IN THE FACTS OF PRESENT CASE, THERE IS NO CASE FOR THE DEPARTMENT TO MAKE ADDITION AT THE HANDS OF ASSESSEE. IN VIEW OF RATIO LAID DOWN BY THE HON'BLE APEX COU RT IN CASE OF CIT VS. P.K. NOORJAHAN REPORTED AT 237 ITR 570 (SC). O) WITHOUT PREJUDICE TO BANK ACCOUNT DETAILS INDICATES THAT IT HAS DEPOSITS AND WITHDRAWAL. NO ADDITION FOR GROSS DEPOSIT CAN BE MADE WITHOUT CONSIDERING OF WITHDRAWAL FROM THE SAID BAN K ACCOUNT. 8. PER CONTRA, THE LD. DEPARTMENTAL REPRESENTATIVE RELIED UPON THE ORDERS OF THE AUTHORITIES BELOW. 9. UPON CAREFUL CONSIDERATION WE FIND THAT IN THIS CASE A BANK ACCOUNT WAS FO UND BY THE REVENUE BEING OPERATED JOINTLY BY THE ASSESSEE. THE RE VENUE HAS REJECTED THE SUBMISSIONS OF THE ASSESSEE AND ADDED THE DEPOSITS IN THE HANDS OF THE ASSESSEE. THE ASSESSEES CONTENTION IS THAT THE ASSESSEE IS A TRUSTEE OF SHRIHARI SEWA AND ANUSANDHAN KENDRA,BADNERA . THE CHARITABLE TRUST OPERATES BLOOD BANK IN THE VICINITY OF BADNERA. T HE AFORESAID T RUST IS DULY REGISTERED. THE ASSESSEES EXPLANATION WAS THAT THESE DEPOSITS WERE ON BEHALF OF THE TRUST. IN SUPPORT THEREOF THE REVISED AUDITED BALANCE SHEET OF THE CHARITABLE TRUST INCORPORATING THE TRANSACTION IN T HE SAID BANK ACCOUNT HAS BEEN SUBMITTED. IN THE COURSE OF THE ASSESSMENT PROCEEDINGS , THE ASSESSEE ALSO SUBMITTED AFFIDAVIT THAT THE SAID BANK ACCOUNT BELONGS TO THE CHARITABLE TRUST AND THE ENTIRE TRANSACTIONS ARE IN THE AUDITED BOOKS OF ACCOUNT. THE CONT EN T S OF THE AFFIDAVIT HAVE REMAINED UNREBUTTED. AS HELD BY THE HONBLE APEX COURT IN THE CASE OF MEHTA PARIKH & CO.VS. CIT [1956] 3 0 ITR 181 (SC) , THE AFFIDAVIT CANNOT BE SUMMARILY DISMISSED. THE MANAGING TRUST OF THE SAID TRUST WAS ALSO EXAMINED BY THE ASSESSING OFFICER AND HE ACCEPTED THAT THE SAID BANK ITA NOS.310 TO 312/NAG./2017 SHRI SOPAN RAMESH GODBOLE 7 ACCOUNT BELONGS TO THE TRUST. THE ENTIRE DEPOSITS HAVE BEEN DULY EXPLAINED. UNDER THESE CIRCUMSTANCES, IN OUR CONSIDERED OPINION, THE ASSESSEE HAS DULY EXPLAINED THE DEPOSITS AND NO ADVERSE INFERENCE CAN BE DRAWN ON THE FACTS AND CIRCUMSTANCES OF THE CASE. ACCORDINGLY, IN THE BACKGRO UND OF THE AFORESAID DISCUSSION AND PRECEDENT WE SET ASIDE THE ORDERS OF THE AUTHORITIES BELOW AND DELETE THE ADDITION IN THIS CASE. 10. IN THE RESULT, THESE APPEALS BY THE ASSESSEE STANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 01.06.2018. SD/ - RAM LAL NEGI JUDICIAL MEMBER SD/ - SHAMIM YAHYA ACCOUNTANT MEMBER NAGPUR , DATED : 01.06.2018 COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT, NAGPUR CITY CONCERNED; (5) THE DR, ITAT, NAGPUR ; (6) GUARD FILE . TRUE COPY BY ORDER ROSHANI , SR. PS ( SR. P.S. / P.S. ) ITAT, NAGPUR