The Income-tax Officer, Amritsar. V. Sh. Jaspreet Singh, Amritsar.

ITA 330/ASR/2013

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 4434 (ITAT-AMRITSAR)
• Duration Of Justice: 3 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-09-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 12-08-2013
• Assessment Year: 2005-2006
• Appeal Filed On: 16-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMRIK CHANDDR
• Keywords: Unexplained investment
• Section: 142(1); 131; 148

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR. BEFORE SH. H.S. SIDHU, JUDICIAL MEMBER AND SH. B.P.JAIN, ACCOUNTANT MEMBER I.T.A. NO.330(ASR)/2013 ASSESSMENT YEAR:2005-06 PAN :ASWPS7275B INCOME TAX OFFICER, VS. SH. JASPREET SINGH WARD 4(2), AMRITSAR. 547-A, NEW GOLDEN AVENUE, AMRITSAR. (APPELLANT) (RESPONDENT) APPELLANT BY:SH.AMRIK CHAND,DR RESPONDENT BY:NONE DATE OF HEARING: 12/08/2013 DATE OF PRONOUNCEMENT:11/09/2013 ORDER PER BENCH ; THIS APPEAL OF THE REVENUE ARISES FROM THE ORDER O F THE CIT(A), AMRITSAR, DATED 15.03.2013 FOR THE ASSESSMENT YEA R 2005-06. THE REVENUE HAS RAISED FOLLOWING GROUNDS OF APPEAL: 1. WHETHER THE LD. CIT(A), IS CORRECT IN ALLOWING THE APPEAL OF THE ASSESSEE ON THE BASIS OF ORDER OF HONBLE ITSC IN CASE OF A THIRD PERSON WITHOUT OFFERING THE OPPORTUNITY TO THE AO TO EXAMINE THE FACT THAT WHETHER ENTIRE IMPUGNED INVESTMENTS /DEPOSITS BELONG TO A THIRD PERSON. ITA NO.330(ASR)/2013 2 2. WHERE THE BANK A/C WAS OPENED BY HIS SIGNATURES, TH E ASSESSEE AND HIS PHOTO & HIS PAN IS ON THE A/C OPENING FORM , IS THE LD. CIT(A) JUSTIFIED IN HOLDING THAT THE ASSESSEE WAS N OT THE OWNER & BENEFICIARY OF THE SAID A/C. 3. THAT ORDER OF THE LD. CIT(A) BE VACATED AND THAT OF THE AO BE RESTORED. 4. THE APPELLANT CRAVES LEAVE TO ADD OR AMEND OR MORE GROUNDS OF APPEAL AT THE TIME OF HEARING OF APPEAL. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE INSPITE OF SERVICE OF VARIOUS NOTICES TO THE ASSESSEE. THEREFORE, THE CASE IS BEI NG DECIDED EX-PARTE AFTER HEARING THE LD. DR AND MATERIAL AVAILABLE ON RECORD . 3. THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESSE E FILED HIS RETURN OF INCOME DECLARING NET INCOME AT RS.71982/- ON 12.04. 2005 WHICH WAS PROCESSED U/S 17.08.2005 AND INFORMATION WAS RECEIV ED THROUGH AIR THAT THE ASSESSEE HAS INVESTED A SUM OF RS.4611004/- IN DIFF ERENT MUTUAL FUNDS ON DIFFERENT DATES AS GIVEN BELOW: SL.NO. DATE NAME & TYPE OF INVESTMENT AMOUNT (RS.) 1. 18.11.04 HDFC MUTUAL FUND 500000 2. 30.11.04 TATA MUTUAL FUND 500000 3. 30.11.04 TATA MUTUAL FUND 500000 4. 13.1.05 KOTAK MOHINDRA MUTUAL FUND 280000 5. 24.2.05 -DO- 340000 6. 2.3.05 TATA MUTUAL FUND 530810 ITA NO.330(ASR)/2013 3 7. -DO- -DO- 520194 8. -DO- FRANKLIN TEMPLETON MUTUAL FUND 460000 9. 15.11.05[TO BE READ AS 15.11.04, AS PER AOS RR DT.13/16/7/12] HDFC MUTUAL FUND 490000 10. 24.11.05[TO BE READ AS 24.11.04 AS PER AOS RR DT.13/16.7.12] SHSBC 500000 TOTAL 46,11,004/- AS THE INVESTMENT WAS NOT SHOWN IN THE RETURN INCOM E OF A.Y.2005-06 NOTICED U/S 148 OF THE I.T.ACT DATED 23.03.2009 WAS ISSUED. THE NOTICED U/S 148 WAS FOLLOWED BY NOTICE 142(1) DATED 15.05.2009. AFTER GIVING SEVERAL OPPORTUNITIES THE ASSESSEE FILED AN AFFIDAVIT STATI NG THAT HE DID NOT MAKE THE INVESTMENT IN THE MUTUAL FUNDS. THE AO REJECTED THE ASSESSEE CONTENTION AS THE PAN CARD AND THE PHOTOGRAPH AFFIXED ON THE FORM FOR OPENING THE BANK ACCOUNT WHERE OF THE ASSESSEES. THE HDFC BANK MANA GER WHO APPEARED IN RESPONSE TO SUMMON U/S 131 OF THE ACT STATED THAT T HE ORIGINAL COPY OF PAN CARD WERE EXAMINED WHILE OPENING ACCOUNT AND PHOTO COPIES OF THE DOCUMENT WAS OBTAINED. THE AO PASSED AN ORDER U/S 1 43(3)/147 DATED ITA NO.330(ASR)/2013 4 14.12.2009 CONSIDERING THE INVESTMENT OF RS.46,11,0 04/- IN HDFC BANK, THE MALL, AMRITSAR AN UNEXPLAINED INVESTMENT AND AD DED TO HIS INCOME.. 4. DURING THE APPELLATE PROCEEDINGS BEFORE THE LD. CIT(A), THE LD. COUNSEL FOR THE ASSESSEE APPEARED AND SUBMITTED AS UNDER: 1) THE LD. AO HAS MADE AN ADDITION ON THE BASIS OF AIR INFORMATION REGARDING A BANK ACCOUNT WITH HDFC BAN K A/C IN THE NAME OF THE ASSESSEE FROM WHICH THE INVESTMENT IN DIFFERENT MUTUAL FUNDS ARE MADE TO THE TUNE OF RS.46,11,004/- AS PE R ASSESSMENT ORDER. 2) THE AFORESAID BANK A/C DOES NOT PERTAIN TO THE ASSESSEE. HE HAS NEVER OPENED ANY BANK A/C WITH HDFC BANK A/C. 3) THE ASSESSEE HAS GIVEN AN AFFIDAVIT TO SUBSTANT IATE THE ABOVE SAID FACTS, WHICH ARE NOT CONSIDERED BY THE AO CON CERNED. 4) IT IS SUBMITTED THAT SOME ONE HAS MISUSED THE P HOTOGRAPH AND COPY OF PAN CAR OF THE ASSESSEE AND OPENED A BANK ACCOUNT WITH HDFC BANK. IT SEEMS TO BE DONE WITH THE INVOLVEMEN T OF BANK OFFICIAL. 5) THE ASSESSEE HAS NO CONCERN WITH THE INVESTMENT MADE OUT OF THE AFORESAID BANK A/C, AS MENTIONED IN THE ASST. ORDER. YOUR GOODSELF IS REQUESTED TO KINDLY CONSIDER THE CASE ON MERITS AND PUNISH THE ORIGINAL CULPRITS. 5. THE WRITTEN SUBMISSIONS OF THE ASSESSEE WERE SENT T O THE A.O. FOR REMAND REPORT, WHICH ARE AVAILABLE IN PARA 6.1 OF C IT(A)S ORDER. 6. THE LD. CIT(A) AFTER CONSIDERING THE SUBMISSIONS OF THE ASSESSEE AND THE REMAND REPORT OF THE A.O. SUMMONED SH.VINOD GUP TA,PROP. INDIA WIRES TUNDA TALAB, AMRITSAR ON 06.03.2013 AND MR. VINOD G UPTA CONFIRMED THAT THE ACCOUNT BELONGED TO HIM. HE PROVIDED COPY OF TH E ORDER DATED 6.10.2008 OF THE SETTLEMENT COMMISSION, NEW DELHI PASSED U/S 245D(4) OF THE ACT, IN ITA NO.330(ASR)/2013 5 THE CASES OF SH. VINOD GUPTA & M/S. VINOD GUPTA (HU F) IN PARA 9, THE LD. CIT(A) HAS REPRODUCED THE ORDER OF SETTLEMENT COMM ISSION PASSED U/S 245D(4) OF THE ACT, WHICH IS REPRODUCED HEREUNDER F OR THE SAKE OF CONVENIENCE: CONSIDERING THE SETTLEMENT APPLICATION DT.19.11.0 7 FILED IN SETTLEMENT OF PROPOSED DISCLOSURE OF ADDL. INCOME OFFERED AT RS.114.22 LACS FROM A.YS. 2005-06 AND OF RS.8.53 LACS FOR AY 06-07 N T HE CASE OF SH. VINOD GUPTA PROP. INDIA WIRES, T.T. AMRITSAR (PAN: ABUPG8216H) AND ALSO IN THE CASE OF SH. VINOD GUPTA, HUF (PAN: AAAHV 6845Q) THEREBY OFFERING PROPOSED DISCLOSURE OF ADDL. INCO ME OF RS. 12 LAS ONLY FOR THE A.Y. 2005-06. 5. THE APPLICANTS HAVE MADE DISCLOSURE OF ADDITION AL INCOME IN SOF BEFORE THE COMMISSION AS UNDER: SNO. APPLICANTS NAME(S/SH.) ASSTT.YR AMOUNT (IN LAKHS 1. VINOD GUPTA 05-06 114.22 2. -DO- 06-07 08.53 3. VINOD GUPTA, HUF 05-06 12.00 TOTAL 134.75 SH. VINOD GUPTA (IND.) AYS 05-06 & 06-07 ON THE BASIS OF THE INFORMATION AVAILABLE WITH THE DEPTT. IT WAS FOUND THAT THE APPLICANT HAD MADE HEAVY INVESTMENTS IN P URCHASE OF MUTUAL FUNDS OUTSIDE THE BOOKS OF ACCOUNTS AND FOR THAT P URPOSE OPENED VARIOUS BANK ACCOUNTS IN BENAMI NAMES WHERE HUGE C ASH WAS DEPOSITED. THE CIT HAS STATED IN THE REPORT THAT T EHSE BANK ACCOUNTS HAVE BEEN DISCLOSED BY THE APPLICANT IN THE APPLIC ATION FILED BEFORE THE COMMISSION. THE CIT IN RULE 9 REPORT HAS STATED TH AT PROCEEDINGS U/S 143(2) OF THE ACT WERE PENDING FOR AYS 05-06 & 06- 07. DURING THE COURSE OF ASSTT. PROCEEDINGS FOR AY 05-06, IT WAS FOUND THAT THE APPLICANT HAD OPENED BANK ACCOUNTS IN THE NAMES OF OTHER PERSONS BY MIS-USING THEIR PANS AS UNDER: ITA NO.330(ASR)/2013 6 S.NO. BANK NAME A/C NO. A/C HOLDER NAME CONCERN NAME 1. IDBI 072102000001334 SUSHIL KUMAR R.P.WIRES 2. -DO- 07210000011653 VIJAY KUMAR PS STEEL 3. -DO- 07210200001402 NARESH KUMAR SN STEEL 4. HDFC 1151000237177 ANIL KUMAR NIL 5. IDBI 072102000018382 IQBAL SINGH IQBAL SINGH 6. HDFC 1151000237843 JASPREET SINGH NIL 7. HDFC 1151000239128 IQBAL SINGH NIL 7. AS STATED BY THE CIT, OUT OF THE SEVEN BENAMI A CCOUNTS OWNED BY THE APPLICANT HIMSELF AS MENTIONED IN PARA 14 O F THE REPORT OF THE A.O., THE TOTAL INVESTMENT MADE IN MUTUAL FUNDS ET C. IN AFORESAID FIVE ACCOUNTS WORKS OUT AT RS.3,97,24,370/- AS PER THE AIR INFORMATION AVAILABLE WITH THE DEPTT. WHEREAS THE APPLICANT HA S MADE TOTAL DISCLOSURE OF UNDISCLOSED INCOME AT RS.1,34,76,140 /- {RS.1,22,75,810+RS.12,00,330} FOR AYS 2005-06 & 06 -07. APART FROM THAT, THE APPLICANT IS STATED TO HAVE MADE DISCLO SURE OF RS.105.97 LAKHS BEFORE THE AO ON 22.05.2009 BY FILING A REVI SED RETURN FOR AY 04-05. THE CIT HAVING CONSIDERED THE INVESTMENTS/D EPOSITS MADE IN THE BENAMI BANK ACCOUNTS HAS OBSERVED THAT DISCLOS URE OF AFORESAID ADDITIONAL AMOUNT OF RS.1,34,76,140/- IS INADEQUAT E. 8. AT THE OUTSET, SH. SUDHIR SEHGAL, THE LD. AR ADMITT ED THE FACT THAT THE APPLICANT HAS BEEN OPERATING BENAMI BANKS. AS SUBMITTED, DIFFERENT BANK ACCOUNTS AS LISTED IN RU LE 9 REPORT OF THE DEPTT. ARE THE SAME AS APPEARING IN THE SOF. TH E LD. AR POINTED OUT AS PER THE DETAILS RECEIVED FROM AIR, E VERY SHIFTING/REDEMPTION FROM THE SCHEME OF MUTUAL FUND TO ANOTHER SCHEME WAS CONSIDERED AS A FRESH INVESTMENT. AS STA TED, THE DEPTT. WHILE WORKING OUT THE AFORESAID AMOUNT OF RS.3,97,24,370/- HAS ADDED ALL THE INVESTMENTS IN M UTUAL FUNDS INCLUDING AMOUNT SHIFTED FROM ONE SCHEME TO ANOTHER WITHOUT GIVING BENEFIT OF AMOUNT ACTUALLY REDEEMED. AS EXPL AINED, THE INVESTMENT IN MUTUAL FUND WAS BEING ROTATED BY SWIT CHOVER FROM ONE SCHEME TO ANOTHER BY ENCASHMENTS HAVE BEEN MADE DURING AYS 05-06 & 06-07. IN SUPPORT OF HIS CONTENTION, TH E LD. AR DREW OUR ATTENTION TO SOF WHERE EVIDENCE OF SWITCHO VER HAD BEEN PLACED, COPIES OF RELEVANT BANK ACCOUNTS SHOWI NG SUCH ITA NO.330(ASR)/2013 7 ENCASHMENT AND BALANCE SHEETS IN RESPECT OF SUCH TR ANSACTIONS AS ON 31.3.2005 AND 31.3.2006 (PAGES 53-135,136-151 AND 152-155 REFERS). THE APPLICANT IS ALSO STATED TO HA VE FILED ACCOUNT WISE DETAILS OF INVESTMENTS IN MUTUAL FUNDS AND ALL THE INVESTMENTS AS MENTIONED BY THE CIT STAND DULY REFL ECTED. 9. DURING THE COURSE OF HEARING, THE APPLICANT WAS DIR ECTED TO FURNISH CERTAIN INFORMATION VIS-A-VIS CHART IN RESP ECT OF UNDISCLOSED BANK ACCOUNTS, VERIFICATION OF SALES ET C. IT WAS FURTHER DIRECTED THAT THE APPLICANT SHOULD HAVE AL L THE FIGURES VERIFIED BY THE AO AMRITSAR. AT THE TIME OF FURTHER HEARING OF THE CASE ON 1.10.2008, THE LD. AR SUBMITTED BEFORE US THAT AS PER THE DIRECTIONS OF THE COMMISSIONER RELEVANT DET AILS WERE CROSS-CHECKED VIS--VIS THE BOOKS OF ACCOUNTS BY TH E AO AND NO FURTHER QUERY WAS RAISED BY HIM. AS FURTHER STATED, COPY OF THE DETAILED INFORMATION WHICH HAD BEEN FILED BEFORE TH E AO HAD ALSO BEEN FURNISHED TO THE D.I., SETTLEMENT COMMISS ION AS WELL AS TO THE CIT(DR). 10. THE CIT(DR) IN THIS REGARD SUBMITTED THAT AS PER TH E DIRECTIONS OF THE COMMISSION, NECESSARY VERIFICATION HAS BEEN MADE BY THE AO, AMRITSAR, AND NO DISCREPANCY HAS BEEN REPORTED. IN THE LIGHT OF FACTUAL POSITION, THE CIT(DR) DID NOT RAIS E ANY FURTHER OBJECTION. 11. WE HAVE HEARD BOTH THE PARTIES. WE HAVE ALSO CONSID ERED THE OBSERVATIONS MADE BY THE CIT IN RULE 9 REPORT MINUT ELY. ON CAREFUL CONSIDERATION OF THE EVIDENCE AVAILABLE ON THE RECORD AND THE SUBMISSIONS OF BOTH THE PARTIES, WE DO NOT SEE ANY REASON TO MAKE ANY FURTHER ADJUSTMENT ON THIS ACCOU NT. THE ISSUE, THEREFORE, STANDS SETTLED ACCORDINGLY. 7. THE LD. CIT(A) VIDE PARA 10 ACCORDINGLY HELD THA T SH. VINOD GUPTA HAS ADMITTED AND OWNED ALL THE BANK TRANSACTIONS IN THE VARIOUS BENAMI NAMES IN THE NAME OF THE ASSESSEE, SH. JASPREET SIN GH AND ACCORDINGLY ALLOWED ALL THE GROUNDS OF APPEAL AND DELETED THE A DDITION SO MADE IN THE HANDS OF THE ASSESSEE. ITA NO.330(ASR)/2013 8 8. THE LD. DR, ARGUED THAT NO OPPORTUNITY HAS BEEN AFFORDED TO THE AO TO PROVE THAT THE DEPOSITS IN THE BANK ACCOUNT AND INVESTMENTS BELONGED TO SOME THIRD PERSON AND THEREFORE, THE MATTER SHOULD BE SET ASIDE TO THE FILE OF THE A.O. 9. AS REGARDS THE SUBMISSION MADE BY THE LD. COUNSE L FOR THE ASSESSEE BEFORE THE LD. CIT(A) IN PARA 7 OF CIT(A)S ORDER I S VERY PERTINENT, WHICH FOR THE SAKE OF CONVENIENCE IS REPRODUCED AS UNDER: 7. PRESENT AOS FINAL COMMUNICATION HAS BEEN RECE IVED IN THIS OFFICE IN 13.3.2002 IN THE FORM OF ENDORSEMENT OF LETTER NO.5442-43 DATED 12.2.13 ADDRESSED TO ITO, WARD 2(2), AMRITSA R THE AO CONCERNED ENJOYING TERRITORIAL & PAN JURISDICTION OVER THE ACTUAL ASSESSEE BEHIND THE ENTIRE EPISODE/SCENE, NAMELY S H. VINOD GUPTA, PROP. INDIA WIRES, TUNDA TALAB, AMRITSAR, PAN: ABU PG6216H AS WELL AS SH. VINOD GUPTA, HUF, AMRITSAR, THEREBY PASSING ON THE NECESSARY COMMUNICATION ALONG WITH THE MATERIAL GATHERED/OBT AINED IN THIS REGARD, FOR NECESSARY ACTION AT HIS END. FOR READY READY REFERENCE THE SAME IS REPRODUCED BELOW: KINDLY REFER TO THIS OFFICE LETTER NO.ITO/4(2)/ASR/ 12-13/2816 TO 2820 DATED 24/26.9.12 ADDRESSED TO THE LD. CIT(A), AMRITSAR AND COPY TO YOUR OFFICE. PARA 3 OF THE SAID LETTER IS REPRO DUCED AS UNDER: 03. IT IS FURTHER SUBMITTED THAT SINCE THE ENQUIR IES MADE BY THIS OFFICE REVEALED THAT SH. VINOD GUPTA, PROP. M/S. INDIA WIRES, TUNDA TALAB, AMRITSAR HAD OPENED A BANK ACCOUNT NO.1151000237843 WITH HDFC BANK LTD. THE MALL IN T HE NAME OF SH. JASPREET SINGH (PAN:ASWPS7275B) AND AFTER DEPO SITING THE CASH ON DIFFERENT DATES IN THE SAID BANK ACCOUNT WITH H DFC BANK LTD. HE HAD INVESTED IN DIFFERENT MUTUAL FUNDS ON DIFFEREN T DATES DURING THE FINANCIAL YEAR 2004-05 RELEVANT TO A.Y.2005-06, HE WAS REQUESTED VIDE THIS OFFICE LETTER NO.ITO WARD 4(2)/ASR/12-13 /2186 DATED 5/7-9- 12 TO FURNISH CERTAIN INFORMATION. IN RESPONSE TO THIS LETTER, THE ITA NO.330(ASR)/2013 9 ASSESSEES COUNSEL SH. CHIRAG AGGARWAL, CA SUBMITT ED THE DESIRED INFORMATION VIDE HIS LETTER RECEIVED IN THIS OFFIC E ON 24.9.12. I) PAN OF ASSESSEE IS ABUPG6216H AND ASSESSED TO WARD 2(2), AMRITSAR. II) YES, THE ASSESSEE HAS FILED THE APPLICATION WITH TH E SETTLEMENT COMMISSION VIDE APPLICATION NO.PB/ASI/07-08/05-IT H AS BEEN FILED ON 19.11.07 IN ABOVE SAID CASE. THE ABOVE APP LICATION WAS MADE FOR THE A/YS.05-06 & 06-07. FURTHER, COPY OF O RDER U/S 245D(4) PASSED BY THE SETTLEMENT COMMISSION, NEW DE LHI DATED 8/10/08 IS ENCLOSED. III) THE A/C NO.1151000237843 WITH HDFC BANK LTD. HAS BE EN DISCLOSED AS ADDITIONAL INCOME IN THE ASSESSEES HA ND. 02. ACCORDINGLY, A COPY OF BANK STATEMENT OF BANK A /C NO.1151000237843 WITH HDFC BANK LTD. THE MALL, AMRI TSAR WHICH WAS OPENED BY SH. VINOD GUPTA PROP. M/S. INDIA WIRE S, TUNDA TALAB, AMRITSAR WHICH WAS OPENED BY SH. VINOD GUPTA PROP. INDIA WIRES, TUNDA TALAB, AMRITSAR, YOUR ASSESSEE, IN THE NAME O F SH. JASPREET SINGH, 547A, NEW GOLDEN AVENUE, NEAR JAURA PHATAK, AMRITSAR (PAN:ASWPS7275B), IS ENCLOSED HEREWITH FOR THE PERI OD FROM 08.11.04 TO 10.11.2005 FOR NECESSARY ACTION TO YOUR END. 10. ON PERUSAL OF THIS PARA 7, IT IS EVIDENT THAT T HE A.O. HAS BEEN GIVEN AN OPPORTUNITY AND WAS IN POSSESSION OF THE FACTS OF T HE CASE THAT MR. VINOD GUPTA HAS DISCLOSED THREE BANK DEPOSITS IN THE IMP UGNED BANK ACCOUNT BEFORE SETTLEMENT COMMISSION AND COPY OF THE ORDER OF SETTLEMENT COMMISSION UNDER SECTION 245D(4) DATED 8.10.2008 W AS ALSO AVAILABLE BEFORE HIM. THEREFORE, IN THE FACTS AND CIRCUMSTANC ES OF THE CASE, IT CANNOT BE SAID THAT THE A.O. HAS NOT GOT THE OPPORTUNITY T O REBUT THE MATTER. IN THE FACTS AND CIRCUMSTANCES, ALL THE DEPOSITS HAVE ALRE ADY BEEN OWNED BY SH. VINOD GUPTA IN VIEW OF THE DECISION OF THE SETTLEME NT COMMISSION UNDER ITA NO.330(ASR)/2013 10 SECTION 245D(4), PERUSED HEREINABOVE. WE FIND NO IN FIRMITY IN THE ORDER OF THE LD. CIT(A), WHO HAS RIGHTLY DELETED THE ADDITIO N MADE BY THE A.O. THUS, ALL THE GROUNDS OF THE REVENUE ARE DISMISSED. 11. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IN ITA NO.330(ASR)/2013 IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 11TH SEPT., 2013. SD/- SD/- (H.S. SIDHU) (B.P. JAIN) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 11TH SEPT., 2013 /SKR/ COPY OF THE ORDER FORWARDED TO: 1. THE ASSESSEE:: SH. JASPREET SINGH, AMRITSAR 2. THE ITO WARD 4(2), ASR. 3. THE CIT(A), ASR 4. THE CIT, ASR. 5. THE SR DR, ITAT, AMRITSAR. TRUE COPY BY ORDER (ASSISTANT REGISTRAR) INCOME TAX APPELLATE TRIBUNAL, AMRITSAR BENCH: AMRITSAR.