ASST CIT LTU, MUMBAI V. THE SHIPPING CORPORATION OF INDIA LTD, MUMBAI

ITA 3117/MUM/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 100772 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 3 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-08-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 15-01-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 23-04-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANJUNATHA R SWAMY
• Keywords: Business income; Search and seizure

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI , , , BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI N.K . BILLAIYA, A CCOUNTANT M EMBER / I .T.A. NO. 3117/MUM/2013 ( / ASSESSMENT YEAR : 2009 - 10 THE ACIT, LARGE TAX PAYER UNIT, CEDNTRE - 1, 28 TH FLOOR, WORLD TRADE CENTRE, CUFFE PARADE, MUMBAI - 400 005 / VS. THE SHIPPING CORPORATION OF INDIA LTD., 245, SHIPPING HOUSE, MADAM CAMA ROAD, NARIMAN POINT, MUMBAI - 400 021 / I .T.A. NO . 3546/MUM/2013 ( / ASSESSMENT YEAR : 2009 - 10 THE SHIPPING CORPORATION OF INDIA LTD., 245, SHIPPING HOUSE, MADAM CAMA ROAD, NARIMAN POINT, MUMBAI - 400 021 / VS. THE ACIT, LARGE TAX PAYER UNIT, CEDNTRE - 1, 28 TH FLOOR, WORLD TRADE CENTRE, CUFFE PARADE, MUMBAI - 400 005 ./ ./ PAN/GIR NO. : AAACT 1524F ( / APPELLANT ) .. ( / RESPONDENT ) / REVENUE BY: SHRI MANJUNATHA R. SWAMY / RESPONDENT BY : SHRI VINAY DESHMANE SHRI ANIKET KADAM SHRI INDRA RATHI / DATE OF HEARING : 11 . 0 8 .2015 / DATE OF PRONOUNCEMENT : 19 .0 8 .2015 / O R D E R ITA. NO S . 3546 & 3117/M/13 2 PER N.K. BILLAIYA, AM: TH ESE ARE CROSS APPEALS BY THE REVENUE AND THE ASSESSEE AGAINST THE VERY SAME ORDER OF THE LD. CIT(A) - 24 , MUMBAI DT. 3 1.1.201 3 PERTAINING TO ASSESSMENT YEAR 200 9 - 1 0. 2. THE GRIEVANCES OF THE REVENUE READ AS UNDER: 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT(A) ERRED DENYING THE APPLICABILITY OF TONNAGE TAX PROVIS IONS TO SUNDRY CREDIT BALANCE WRITTEN BACK OF RS. 14,23,705/ - U/S. 41(1) OF I.T. ACT, 1961. 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT(A) ERRED IN ALLOWING EXCESS PROVISIONS WRITTEN BACK OF RS. 95,78,424 U/S. 41(1) OF THE I.T. ACT. 3. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT(A) ERRED IN DENYING APPLICATION TO TONNAGE TAX PROVISIONS ON PRIOR PERIOD INCOME U/S. 41(1) OF THE I.T. ACT. 4. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AN D IN LAW, THE LD. CIT(A) ERRED IN DENYING APPLICATION OF TONNAGE TAX PROVISIONS TO SUNDRY RECEIPTS OF LIQUIDATE DAMAGES OF RS. 3,77,07,022/ - BY TREATING IT AS PART AND PARCEL OF INCIDENTAL ACTIVITY U/S. 41(1) OF THE I.T. ACT, 1961. 5. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT(A) ERRED IN ALLOWING RELIEF TO THE ASSESSEE HOLDING THAT THE REIMBURSEMENT OF OVERHEADS FOR MANAGED VESSELS TO BE INCLUDED IN THE TURNOVER IN WORKING OUT THE INCOME AS PER THE TONNAGE TAX SCHEME AND FU RTHER, ERRED IN DIRECTING TO INCLUDE SUNDRY RECEIPTS OF RS. 10,28,28,253/ - TREATING TO BE FROM CORE ACTIVITIES. ITA. NO S . 3546 & 3117/M/13 3 3. THE ASSESSEE IS AGGRIEVED BY : I) ADDITIONS UNDER SUNDRY RECEIPTS II) ADJUSTMENT TO THE CALCULATION OF TURNOVER III) DISALLOWANCE OF ADMINISTRATIVE EXPENSES IV) SHORT CLAIM OF TDS 4. THE GRIEVANCE OF THE REVENUE AND THE ASSESSEE CAN BE UNDERSTOOD PROPERLY BY CONSIDERING THE FOLLOWING CHART: SR. NO. NATURE OF INCOME CLAIM BY THE ASSESSEE RELIEF GRANTED BY AO RELIEF GRANTED BY THE CIT(A) (INCLUDING RELIEF GRANTED BY THE AO BALANCE 1. COMMISSION ON DISBURSEMENTS(RECEIPTS) 4,27,948 -- --- 4,27,948 2. INSURANCE + P&I CLAIMS 5,10,01,737 5,10,01,737 5,10,01,737 -- 3. HOUSE RENT OWNERSHIP FLAT 1,41,18,314 1,41,18,314 1,41,18,314 -- 4. RENT ON FURNITURE 62,044 -- --- 62,044 5. CO.S BUS SERVICES 1,180 1,180 1,180 --- 6. LIQUIDATED DAMAGES (DRY DOCK) 3,77,07,022 --- 3,77,07,022 --- 7. PROFIT ON BAR + SHOP SALES 4,82,654 ---- ----- 4,82,654 8. REFUND DIRECTORS FEES 12,03,547 ---- --- 12,03,547 9. SUNDRIES 1,31,38,045 --- ---- 1,31,38,045 10. APPLICATION MONEY - RIGHT TO INFORMATION ACT 1,878 --- --- 1,878 TOTAL 11,81,44,369 6,51,21,231 10,28,28,253 1,53,16,116 5. THE REVENUE IS AGGRIEVED BY THE RELIEF GRANTED BY THE LD. CIT(A). 6. A PERUSAL OF THE ASSESSMENT ORDER SHOW THAT THE IMPUGNED ADDITION/DISALLOWANCES MADE BY THE AO ARE BASED UPON THE FINDINGS GIVEN IN EARLIER YEARS ASSESSMENT ORDER. THE LD. CIT(A) HAS DELETED THE IMPUGNED ADDITION/DISALLOWANCES FOLLOWING THE EARLIER YEARS ORDER OF THE ITA. NO S . 3546 & 3117/M/13 4 TRIBUNAL. IN ITA NO. 145/M/2011, THE TRIBUNAL HAS CONSIDERED THE IMPUGNED ISSUES AT PARA 29 OF ITS ORDER WHICH READS AS UNDER: PROVISIONS OF SECTION 115VA PROVIDES THAT THE INCOME FROM BUSINESS OF OPERATING QUALIFYING SHIPS MAY BE COMPUTED IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER XII - G, AND THAT THE INCOME SO COMPUTED SHALL BE DEEMED TO BE THE PROFITS AND INCOME FROM QUALIFYIN G SHIPS ARE DEFINED IN SECTION 115VC, AND THERE IS NO DISPUTE ON THIS ASPECT. SECTION 115VE MANDATES THAT PROFITS FROM BUSINESS OF A COMPANY ENGAGED IN THE BUSINESS OF OPERATING QUALIFYING SHIPS SHALL BE COMPUTED UNDER THE TONNAGE TAX SCHEME. IT ALSO SPECI FIES THAT SUCH BUSINESS OF OPERATING QUALIFYING SHIPS SHALL BE CONSIDERED AS A SEPARATE BUSINESS DISTINCT FROM ALL OTHER ACTIVITIES OR BUSINESS CARRIED ON BY THE COMPANY. THE MODE OF COMPUTATION OF TONNAGE INCOME IS GIVEN UNDER SECTION 115VG. THE TERM REL EVANT SHIPPING INCOME HAS BEEN DEFINED IN SECTION 115VI. IT IS BASICALLY CLASSIFIED INTO TWO CATEGORIES I.E., PROFITS FROM CORE ACTIVITIES REFERRED TO IN SUB - SECTION 2 AND PROFITS FROM INCIDENTAL ACTIVITY REFERRED TO IN SUB - SECTION 5. THE ISSUE IS, WHETHE R THE INCOME BY WAY OF RIGHT BACK OF PROVISIONS OF SUNDRY CREDIT BALANCES AND PRIOR PERIOD EXPENSES CAN BE CONSIDERED AS INCOME FROM CORE THE SHIPPING CORP. OF (I) LTD. ITA NO.145/M./2011 17 ACTIVITIES OF A TONNAGE TAX COMPANY. IN OUR OPINION, WRITE BACK O F THESE ITEMS IS TO BE CONSIDERED AS INCOME FROM CORE ACTIVITY. IN A GOING CONCERN, SUCH WRITE BACKS AND MAKING OF SUPPLEMENTARY PROVISIONS TAKES PLACE. THE ASSESSING OFFICER AS WELL AS THE COMMISSIONER (APPEALS) HAVE TREATED THE VERY SAME INCOME WHICH IS TAXABLE UNDER SECTION 41(1) DIFFERENTLY. THE FIRST BEING EXPENDITURE CLAIMED IN PRE - TONNAGE TAX SCHEME ASSESSMENT YEARS AND THE SECOND BEING EXPENDITURE CLAIMED IN POST TONNAGE TAX SCHEME ASSESSMENT YEARS. SUCH A SEGREGATION IS NOT PERMISSIBLE UNDER THE AC T. BOTH THE INCOMES ARE INCOMES FROM CORE ACTIVITY AND JUST BECAUSE TAX RATES DIFFERENT, THEY CANNOT BE TREATED AS NON - BUSINESS INCOME. THE ASSESSING OFFICER AS WELL AS THE COMMISSIONER (APPEALS) SEEM TO HAVE BEEN INFLUENCED BY THE FACT THAT THE ASSESSEE H AS AN INCOME OF ` 800 CRORES IN ITS PROFIT & LOSS ACCOUNT AND WHEREAS HE HAS OFFERED ONLY ` 18 CRORES TO TAX UNDER THE TONNAGE TAX SCHEME. THE DECISION WHETHER A PARTICULAR INCOME HAS TO BE BROUGHT TO TAX OR NOT, CANNOT BE BASED ON SUCH A VIEW OF THE MATTE R. THE LEGISLATURE IN ITS WISDOM PROVIDED THE MANNER OF COMPUTATION OF INCOME UNDER THE TONNAGE TAX SCHEME. IN SECTION 115VA, IT IS CLEARLY PROVIDED THAT SECTIONS 28 TO 43C WOULD NOT OVER RIDE THE COMPUTATION OF PROFITS AND GAINS UNDER SECTION 115VA. AS SE CTION 41(1) FALLS WITHIN SECTIONS 28 TO 43C, NO SEPARATE ADDITION UNDER THAT SECTION CAN BE MADE. AS SECTION 41(1) SEEKS TO BRING TO TAX CERTAIN SPECIFIED ITEMS OF RECEIPTS ITA. NO S . 3546 & 3117/M/13 5 UNDER THE HEAD PROFITS AND GAINS OF BUSINESS THE SCHEME SHOUL D NOT BE INVOKED WHILE COMPUTING PROFITS AND GAINS OF BUSINESS UNDER CHAPTER - XII - G. HENCE, WE ARE OF THE OPINION THAT THE ARGUMENT OF THE ASSESSEE SHOULD SUCCEED. THE SAME WAS FOLLOWED BY THE TRIBUNAL IN ASSESSMENT YEAR 2005 - 06 AND 2006 - 07 IN ITA NOS. 29 44 & 2945/M/2010. THE RELEVANT FINDINGS OF THE TRIBUNAL ARE AT PARA - 20 & 21 OF THE SAID ORDER WHEREIN THE TRIBUNAL HAS EXTRACTED PARA - 29 OF ITA NO. 145/M/2011. AS NO DISTINGUISHING DECISION HAS BEEN BROUGHT TO OUR NOTICE BY THE REVENUE, RESPECTFULLY FOLL OWING THE ORDERS OF THE CO - ORDINATE BENCH, WE UPHOLD THE FINDINGS OF THE LD. CIT(A). GROUND NO. 1 TO 4 OF THE REVENUE IS ACCORDINGLY DISMISSED. 7. THE ISSUES RELATING TO GROUND NO. 5 PERTAINING TO SUNDRY RECEIPTS FROM CORE SHIPPING AND REIMBURSEMENT OF MANAGED VESSELS HAVE BEEN DEALT BY THE TRIBUNAL IN ITA NOS. 2944 & 2945/M/2010 AT PARA - 22 OF ITS ORDER WHICH READ AS UNDER: RESPECTFULLY FOLLOWING THE TRIBUNALS ORDER DATED 29TH JULY, 2011 (SUPRA) IN ASSESSEES OWN CASE FOR A.Y. 2007 - 08, WE UPHOLD THE AC TION OF THE AUTHORITIES BELOW IN REDUCING THE PROFIT ON SALE OF SHIPS AND FIXED SHIPS FROM THE TURNOVER OF CORE SHIPPING. THE ACTION OF THE AUTHORITIES BELOW IN REDUCING THE EXCESS PROVISION WRITTEN BACK AND SUNDRY CREDIT BALANCES WRITTEN BACK, HOWEVER, IS SET ASIDE AND THE A.O. IS DIRECTED TO INCLUDE THE SAID INCOME IN THE TURNOVER OF CORE SHIPPING. AS REGARDS ITEM NO. 3 (SUNDRY RECEIPTS FROM CORE SHIPPING) AND ITEM NO. 6 (REIMBURSEMENT FROM MANAGED VESSELS), THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT NEITHER THE A.O. NOR THE LD. CIT(A) HAS EXAMINED THE RELEVANT DETAILS PLACED AT 157 OF THE PAPER BOOK AND URGED THAT THE MATTER MAY BE SENT BACK TO THE A.O. FOR DECIDING THE SAME AFRESH AFTER VERIFYING THE SAID DETAIL. AS THE LD. D.R. HAS NO OBJECTION IN THIS REGARD, THE ISSUE RELATING TO INCLUSION OR EXCLUSION OF ITEM NO. 3 & 6 IS RESTORED TO THE FILE OF THE A.O. FOR DECIDING THE SAME AFRESH 16 ITA NOS. 2944 & 2945/MUM/10 AFTER VERIFYING THE SAID DETAILS. GROUND ITA. NO S . 3546 & 3117/M/13 6 NO. 5 OF THE ASSESSEES APPEAL FOR A.Y. 2006 - 07 IS THUS PARTLY ALLOWED. RESPECTFULLY FOLLOWING THE ORDER OF THE CO - ORDINATE BENCH, WE DIRECT ACCORDINGLY. 8. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS PARTLY ALLOWED FOR STATISTICAL PURPOSE. 9. COMING TO THE GRIEVANCE OF THE ASSESSE E IN ITA NO. 3546/M/2013, FOLLOWING ITEMS OF REVENUES HAVE TO BE CONSIDERED: PARTICULARS CORE SHIPPING COMMISSION ON DISBURSEMENTS (RECEIPTS 4,27,948/ - RENT ON FURNITURE 62,044/ - PROFIT ON BAR + SHOP SALES 4,82,654/ - REFUND OF DIRECTORS FEES 12,03,547/ - SUNDRIES 1,31,38,045/ - APPLICATION MONEY FROM RIGHT TO INFO ACT 1,878/ - 10. IT IS THE CLAIM OF THE ASSESSEE THAT THESE RECEIPTS (AFOREMENTIONED) ARE DIRECTLY RELATEABLE TO CORE ACTIVITY OF OPERATION OF QUALIFIED SHIP AND PART OF INCIDENTAL ACTIVITY AND THEREFORE PROVISIONS OF CHAPTER XII - G RELATING TO TONNAGE INCOME ARE APPLICABLE . 10.1. SO FAR AS REFUND OF DIRECTORS FEES IS CONCERNED, THE DIRECTORS FEES MUST HAVE BEEN ALLOWED AS EXPENDITURE AND THEREFORE THE REFUND OF SAME SHOULD BE TREATED AS INCOME DIRECTLY RELATEABLE TO THE CORE ACTIVITY OF THE OPERATION OF QUALIFIED SHIPS . ITA. NO S . 3546 & 3117/M/13 7 10.2. SIMILARLY, PROFITS ON BAR/SHOP SALES ARE DIRECTLY RELATED TO THE INCIDENTAL ACTIVITY OF THE OPERATION OF THE QUALIFIED SHIPS. 10.3. AFTER PERUSING THE DETAILS ON RECORD, WE FIND THAT COMMISSION ON DISBURSEMENTS (RECEIPTS) OF RS. 4,27,948/ - AND SUNDRIES AMOUNTING TO RS. 1,31,38,045/ - HAVE NOT BEEN PROPERLY EXPLAINED BY SUPPORTING DEMONSTRATIVE EVIDENCES. WE, THEREFORE, RESTORE THESE ISSUES TO THE FILE OF THE AO. THE ASSESSEE IS DIRECTED TO DEMONSTRATE ITS CLAIM OF RECEIPTS BEING DIRECTLY RELAT ED TO THE CORE ACTIVITY/INCIDENTAL ACTIVITY BY BRINGING COGENT MATERIAL EVIDENCES ON RECORD IN RESPECT OF THESE 2 RECEIPTS AND THE AO IS DIRECTED TO EXAMINE THE SAME AND DECIDE AFRESH WHETHER THESE RECEIPTS CAN BE CLUBBED UNDER CORE ACTIVITY/ INCIDENTAL ACT IVITITY OF THE ASSESSEE. 10.4. IN SO FAR AS RENT ON FURNITURE OF RS. 62,044/ - AND APPLICATION MONEY - RIGHT TO INFO ACT OF RS. 1,878/ - ARE CONCERNED , THESE RECEIPTS CAN BE TREATED AS TAXABLE AS BUSINESS INCOME UNDER NORMAL PROVISIONS OF THE INCOME TAX. T HE ASSESSEE GETS PART RELIEF IN RESPECT OF IMPUGNED RECEIPTS. 11. THE SECOND GRIEVANCE OF THE ASSESSEE RELATES TO THE ADJUSTMENT OF THE CALCULATION OF TURNOVER. 11.1. SINCE WE HAVE RESTORED THE ISSUES RELATING TO 2 RECEIPTS TO THE FILE OF THE AO TO BE DECIDED AFRESH , T HE SECOND GRIEVANCE OF THE ASSESSEE ALSO GOES BACK TO THE FILE OF THE AO WHICH CAN BE DECIDED ONLY AFTER DECIDING THE TAXABILITY OF RECEIPTS OR OTHERWISE QUA GROUND NO. 1 OF THIS APPEAL. THE AO IS DIRECTED TO DECIDE THIS ISSUE AFTER DECI DING THE TAXABILITY OF RECEIPTS. GROUND NO. 2 IS ALLOWED FOR STATISTICAL PURPOSE ITA. NO S . 3546 & 3117/M/13 8 12. THE THIRD GRIEVANCE OF THE ASSESSEE RELATES TO THE DISALLOWANCE OF ADMINISTRATIVE EXPENSES AND IN ALTERNATIVE ALLOWANCE OF PROPORTIONATE EXPENDITURE INCURRED BY THE ASSE SSEE. 12.1. THE TRIBUNAL IN ITA NO. 145/M/2011 HAS CONSIDERED THE ISSUE RELATING TO ALLOCATION OF ADMINISTRATIVE EXPENDITURE QUA GROUND NO. 7 OF THAT APPEAL WHICH IS CONSIDERED BY THE TRIBUNAL AT PARA - 36 OF ITS ORDER AND AT PARA - 37 , THE TRIBUNAL HELD A S UNDER: AS THE EXPENDITURE BEING CLAIM BY THE ASSESSEE CANNOT BE SAID TO HAVE BEEN LAID DOWN OR EXPENDED WHOLLY AND EXCLUSIVELY FOR THE PURPOSE OF MAKING OR EARNING SUCH INCOME, WE UPHOLD THE FINDING OF THE REVENUE AUTHORITIES IN THIS REGARD. IN OUR OPI NION, THE ASSESSING OFFICER HAS RIGHTLY HELD THAT THE ASSESSEE WOULD NOT HAVE INCURRED THE EXPENDITURE CLAIMED FOR EARNING INCOME. THE ESTIMATION OF RS. 1,00,000 BY THE ASSESSING OFFICER, IN OUR OPINION, IS REASONABLE. COMING TO RELIANCE PLACED BY THE LEA RNED SR. COUNSEL, ON THE DECISION OF HON'BLE JURISDICTIONAL HIGH COURT CHINAI AND CO. PVT. LTD. THE SHIPPING CORP. OF (I) LTD. ITA NO.145/M./2011 21 (SUPRA), WE ARE OF THE OPINION THAT THESE ARE FACTUAL MATTERS AND THE SAME CANNOT BE TAKEN AS A BINDING PRE CEDENT. IN VIEW OF THE ABOVE DISCUSSION, WE UPHOLD THE FINDING OF THE COMMISSIONER (APPEALS) AND DISMISS GROUND NO.7, RAIDED BY THE ASSESSEE. 13. SIMILARLY, IN A.Y. 2005 - 06 AND 2006 - 07, THE TRIBUNAL HAS CONSIDERED SIMILAR ISSUE IN ITA NOS. 2944 & 2945/ M/2010 AT PARA - 18 OF ITS ORDER WHICH READ S AS UNDER: AS AGREED BY THE LD. REPRESENTATIVES OF BOTH THE SIDES, THE ISSUES INVOLVED IN GROUND NO. 3 & 4 OF THE ASSESSEES APPEAL FOR A.Y. 2006 - 07 ARE SIMILAR TO THE ISSUES INVOLVED IN GROUND NO. 3 & 4 OF THE ASSESSEES APPEAL FOR A.Y. 2005 - 06 EXCEPT THAT THE CLAIM OF THE ASSESSEE FOR ALLOCATION OF ADMINISTRATIVE EXPENSES AGAINST INCIDENTAL ACTIVITIES IS ALSO NOT ALLOWED IN A.Y. 2006 - 07 WHEREAS 13 ITA NOS. 2944 & 2945/MUM/10 THE SAME WAS ALLOWED BY TH E A.O. HIMSELF IN A.Y. 2005 - 06. THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT ONLY THIS ASPECT OF THE MATTER MAY BE RESTORED TO THE ITA. NO S . 3546 & 3117/M/13 9 FILE OF THE A.O. FOR DECIDING THE SAME AFRESH AFTER TAKING INTO CONSIDERATION THE ASSESSMENT MADE FOR A.Y. 2005 - 06 ON SIMILAR ISSUE AND AFTER VERIFYING OF THE RELEVANT FACTS. AS THE LD. D.R. HAS ALSO NOT RAISED ANY OBJECTION IN THIS REGARD, WE RESTORE THIS LIMITED ISSUE TO THE FILE OF THE A.O. FOR DECIDING THE SAME AFRESH. AS REGARDS THE CLAIM OF THE ASSESSEE FOR ALLOCATI ON OF COMMON COSTS TOWARDS INTEREST AND DIVIDEND INCOME, WE FOLLOW OUR CONCLUSION DRAWN IN A.Y. 2005 - 06 AND DECIDE THIS ISSUE AGAINST THE ASSESSEE. GROUND NO. 3 & 4 OF THE ASSESSEES APPEAL FOR A.Y. 2006 - 07 ARE ACCORDINGLY TREATED AS PARTLY A LLOWED FOR STA TISTICAL PURPOSE. WE ACCORDINGLY RESTORE THIS ISSUE TO THE FILE OF THE AO. THE AO IS DIRECTED TO DECIDE THIS ISSUE AS PER THE DIRECTIONS OF THE TRIBUNAL GIVEN IN EARLIER YEARS AND AS PER THE DECISION TAKEN BY HIM PURSUANT TO THE DIRECTIONS GIVEN BY THE TRIBUNAL IN EARLIER YEARS. GROUND NO. 3 IS ALLOWED FOR STATISTICAL PURPOSE. 14. GROUND NO. 4 HAS NOT BEEN PRESSED BEFORE US AND IS ACCORDINGLY DISMISSED AS NOT PRESSED. 15. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED AND THAT OF THE ASSESSEE IS PARTLY ALLOWED FOR STATI STI CAL PURPOSE. OR DER PRONOUNCED IN THE OPEN COURT ON 19 TH AUGUST , 2015 SD/= SD/ - ( VIJAY PAL RAO ) (N.K. BILLAIYA) /JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI ; DATED : 19 TH AUGUST , 2015 . . ./ RJ , SR. PS ITA. NO S . 3546 & 3117/M/13 10 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI