Capiq Engineering Pvt.Ltd., Ahmedabad V. Income Tax Officer, Baroda

ITA 3457/AHD/2014

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 9709 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 11 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-12-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2011-2012
• Appeal Filed On: 26-12-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: LALIT P JAIN
• Assessee Lawyers: ANIL R SHAH
• Section: 10B; 10; 139

Judgement Text

, MH* MH*MH* MH* IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD L LL LK KK KOZJH OZJH OZJH OZJH OLHE OLHE OLHE OLHE VGEN VGEN VGEN VGEN] YS[KK LNL; , ] YS[KK LNL; , ] YS[KK LNL; , ] YS[KK LNL; ,OA OAOA OA EK/ EK/EK/ EK/KQFERK KQFERK KQFERK KQFERK JKW; JKW;JKW; JKW;] U; ] U;] U; ] U;KF KFKF KF;D LNL; ;D LNL; ;D LNL; ;D LNL; DS LE{KA DS LE{KA DS LE{KA DS LE{KA BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND SMT MADHUMITA ROY, JUDICIAL MEMBER ./ I.T.A. NO. 3457/AHD/2014 ( / ASSESSMENT YEAR : 2011-12) CAPIQ ENGINEERING PVT. LTD. D/6, BIDC ESTATE, GORWA INDUSTRIAL ESTATE, GORWA REFINERY ROAD, GORWA, VADODARA- 390 003 / VS. ITO, WARD-1(1), BARODA-390 007. ./ ./ PAN/GIR NO. : AAACC 7894 H ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI ANIL R. SHAH & KINJAL SHAH, A.R. / RESPONDENT BY : SHRI LALIT P. JAIN, SR.D.R. / DATE OF HEARING 08/10/2018 !'# / DATE OF PRONOUNCEMENT 03/12/2018 $% / O R D E R PER WASEEM AHMED, ACCOUNTANT MEMBER: THE CAPTIONED APPEAL HAS BEEN FILED AT THE INSTANCE OF THE ASSESSEE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)I, BARODA [CIT(A) IN SHORT] VIDE APPEAL NO.CAB-I/260/2 013-14 DATED 20.10.2014 ARISING IN THE MATTER OF ASSESSMENT ORDE R PASSED UNDER S.143(3) OF THE INCOME TAX ACT, 1961(HERE-IN-AFTER REFERRED TO AS 'THE ACT') DATED 15.01.2014 RELEVANT TO ASSESSMENT YEAR (AY) 2011-12. ITA NO.3457/AHD/2014 CAPIQ ENGINEERING PVT. LTD. VS. ITO A.Y. 2011-12 - 2 - 2. THE GROUNDS OF APPEAL RAISED BY THE ASSESSEE A RE AS UNDER:- 1. (A) THE CIT(A) HAS ERRED BOTH IN LAW AND IN F ACT IN COMPUTING DEDUCTION U/S. 10B(4) OF THE ACT AND RESTRICTING TH E SAME BY NOT TREATING INCOME OF RS. 9,19,094/- AS INCOME FRO M BUSINESS AS CLAIMED B> THE APPELLANT RELATED BUSINESS OF E.O.U . FOR CALCULATING DEDUCTION U/S 10B. (B) IT IS SUBMITTED THAT IN THE CLAIM OF THE APPELL ANT WAS AS PER PROVISIONS OF LAW AND BACKED BY CERTIFICATE OF CHARTERED ACCOUNTANT AND THAT SINCE RS. 9,19,094/- IS INCOME ATTRIBUTABLE TO BUSINESS OF E.O.U. THE SAME OUGHT TO HAVE BEEN A LLOWED AS CLAIMED BY THE APPELLANT. 2. ALTERNATIVELY IT IS SUBMITTED THAT CIT( A) H AS ERRED IN TREATED RS. 9,19,094/- AS INCOME FROM OTHER SOURCES AND SIN CE THE NATURE AND CHARACTER OF THE SAID INCOME IT HAVING D IRECT NEXUS WITH BUSINESS OF YOUR APPELLANT OUGHT TO HAVE BEEN TREATED AS 'INCOME FROM BUSINESS' AND NOT AS 'INCOME FROM OTHE R SOURCES. 3. YOUR APPELLANT FURTHER SUBMITS THAT THE CIT(A ) HAS ERRED IN HOLDING CHARGING OF INTEREST U/S.234B & 234C OF THE ACT. ON FACTS OF THE CASE AND AS PER PROVISIONS OF LAW, IT IS SUBMITTED THAT THE SAID INTEREST IS NOT CHARGEABLE AND THAT I F CHARGEABLE THE SAME HAS NOT BEEN CORRECTLY WORKED OUT. IT IS THEREFORE SUBMITTED THAT RELIEF CLAIMED ABOVE BE ALLOWED AND THE ORDER OF THE ASSESSING OFFICER BE MODIFIED ACCORDINGLY. YOUR APPELLANT RESERVES RIGHT TO ADD, ALTER, AMEND TO WITHDRAW ANY OR ALL GROUNDS OF APPEAL. 3. THE FIRST ISSUE RAISED BY THE ASSESSEE IS THAT L D. CIT(A) ERRED IN NOT ALLOWING THE DEDUCTION U/S 10B OF THE ACT FOR CERTA IN INCOME OF RS. 9,19,094/- ONLY. ITA NO.3457/AHD/2014 CAPIQ ENGINEERING PVT. LTD. VS. ITO A.Y. 2011-12 - 3 - 4. BRIEFLY STATED FACTS ARE THAT THE ASSESSEE IN TH E PRESENT CASE IS A PRIVATE LIMITED COMPANY AND ENGAGED IN THE BUSINESS OF MANUFACTURING OF PRECISION MACHINE PARTS AND ASSEMBLIES. THE ASSESSE E HAS TWO SEPARATE MANUFACTURING UNIT WHICH IS IDENTIFIED AS ENGINEERI NG UNIT AND 100% EXPORT ORIENTED UNIT. THE ASSESSEE WAS MAINTAINING SEPARATE BOOKS OF ACCOUNT FOR BOTH THE UNITS. THE ASSESSEE IN THE YEA R UNDER CONSIDERATION HAS SHOWN CERTAIN INCOME UNDER THE HEAD OTHER SOURC ES WHICH INTER ALIA INCLUDE THE FOLLOWING; RS. 367/- EXCESS PROVISION OF EXPENSE WRITTEN BACK RS. 291/- DISCOUNT AND KASAR RS. 56,542/- CENTRAL SALES TAX REFUND AS IT IS EOU UNIT RS. 2,77,565/- SERVICE TAX REFUND AS IT IS EOU UNIT . RS. 5,84,329/- SCRAP SALES GENERATED BY MANUFACTU RE IN EOU UNIT. 4.1 THE ASSESSEE IN SUPPORT OF THE ABOVE INCOME CLA IMED THE DEDUCTION U/S 10B OF THE ACT ON THE GROUND THAT THESE ARE ARI SING IN THE COURSE OF THE BUSINESS CARRIED ON UNDER ITS 100% EXPORT ORIEN TED UNIT. HOWEVER, THE AO DISAGREED WITH THE SUBMISSION OF THE ASSESSE E AND HELD THAT THE AFORESAID INCOMES ARE NOT ELIGIBLE FOR DEDUCTION U/ S 10B OF THE ACT. ACCORDINGLY, THE AO REDUCED THE AMOUNT OF OTHER INC OME AS DISCUSSED ABOVE FROM THE INCOME ELIGIBLE FOR DEDUCTION U/S 10 B OF THE ACT. AS PER THE AO, THE AFORESAID INCOME WAS NOT ARISING TO THE ASSESSEE IN THE COURSE OF ITS BUSINESS. ACCORDINGLY, THE AO DENIED THE DED UCTION UNDER SECTION 10B OF THE ACT IN RESPECT OF THE ABOVE-STATED INCOM E. ITA NO.3457/AHD/2014 CAPIQ ENGINEERING PVT. LTD. VS. ITO A.Y. 2011-12 - 4 - 5. AGGRIEVED, ASSESSEE PREFERRED AN APPEAL TO LD. C IT(A). THE ASSESSEE BEFORE THE LD. CIT(A) SUBMITTED THAT THE O THER INCOME AS DISCUSSED ABOVE IS ARISING FROM THE ACTIVITY OF 100 % EXPORT ORIENTED UNIT. THEREFORE, THE SAME IS ELIGIBLE FOR DEDUCTION U/S 10B OF THE ACT. HOWEVER, THE LD. CIT(A) DISREGARDED THE CONTENTION OF THE ASSESSEE AND CONFIRMED THE ORDER OF AO BY OBSERVING AS UNDER: 5.3 AS REGARDS, CENTRAL SALES TAX REFUND OF RS. 56,542/- AND SERVICE TAX REFUND OF RS. 2,77,565/-, THE SAME CANNOT BE T REATED EITHER AS PART OF EXPORT TURNOVER OR AS PART OF TOTAL TURN OVER AND THEREFORE IN VIEW OF THIS THE SAME CAN ALSO NOT BE TREATED AS PART OF BUSINESS PROFIT. THESE ARE THE TAXES WHICH ARE C OLLECTED BY THE APPELLANT FROM THE CUSTOMER AND ARE PAID TO THE CEN TRAL SALES TAX DEPARTMENT AND SERVICE TAX DEPARTMENT. IN VIEW OF THIS THESE TWO AMOUNTS OF RS. 56,542/- AND RS. 2,77,56 5/- CANNOT BE TREATED AS BUSINESS PROFIT AND THEREFORE THE SAME A RE REQUIRED TO BE REDUCED FROM THE BUSINESS PROFIT FOR CALCULATING THE DEDUCTION U/S 10B OF THE IT ACT. THUS, IN MY OPINION, THE AO HAS CORRECTLY REDUCED THESE TWO ITEMS FROM THE BUSINESS PROFIT FO R THE PURPOSE OF CALCULATING DEDUCTION U/S 10B AND THEREFORE THIS ACTION OF THE AO IS CONFIRMED. 5.4 AS REGARDS SCRAP SALES OF RS. 5,84,329/-, THE SUBMISSION OF THE APPELLANT IS THAT THIS SCRAP SALE IS PART OF MANUFA CTURING AND THEREFORE WHILE COMPUTING THE PROFIT OF EOU, THIS L OCAL SALE OF SCRAP OF RS. 5,84,329/- HAS BEEN INCLUDED IN TOTAL TURNOVER ONLY AND NOT IN EXPORT TURNOVER. IN MY OPINION, LOCAL SA LE OF SCRAP OF RS. 5,84,329/- CANNOT BE TREATED AS PART OF TOTAL TURNOVER BECAUSE IT HAS GOT NOTHING TO DO WITH EXPORT ACTIVI TIES. HOWEVER, THIS LOCAL SALE OF SCRAP OF RS. 5,84,329/- HAS TO BE TREATED AS PART OF TOTAL TURNOVER FOR THE PURPOSE OF CALCULATING TH E PROFIT U/S 10B OF THE ACT. IN VIEW OF THIS THE ACTION OF THE AO RE GARDING INCLUSION OF THIS AMOUNT OF RS. 5,84,329/- IN THE TOTAL TURNOVER FOR THE PURPOSE OF CALCULATING PROFIT U/S 10B IS HE REBY CONFIRMED. 5.5 LIKEWISE, EXCESS PROVISION OF EXPENSES WRITTEN BACK AND DISCOUNT AND KASAR HAVE TO BE TREATED ONLY PART OF TOTAL TUR NOVER AND NOT EXPORT TURNOVER. IN VIEW OF THIS/ THE ACTION OF THE AO WITH REGARD TO EXCLUSION OF THESE TWO AMOUNTS OF RS. 367/- BEI NG EXCESS ITA NO.3457/AHD/2014 CAPIQ ENGINEERING PVT. LTD. VS. ITO A.Y. 2011-12 - 5 - PROVISION OF EXPENSES WRITTEN BACK AND AMOUNT OF RS , 291/- BEING DISCOUNT AND KASAR FOR THE PURPOSE OF CALCULATING T HE PROFIT U/S 10B IS HEREBY CONFIRMED. BEING AGGRIEVED BY THE ORDER OF LD. CIT(A), THE ASS ESSEE IS IN APPEAL BEFORE US. 6. THE LD. AR BEFORE US FILED A PAPER BOOK RUNNING FROM PAGES 1-123 AND CLAIMED THAT THE INCOME EARNED BY IT FROM THE A CTIVITY OF 100% EXPORT UNIT IS ELIGIBLE FOR DEDUCTION U/S 10B OF TH E ACT. THE LD. AR IN SUPPORT OF HIS CLAIM RELIED ON THE ORDER OF AHMEDAB AD TRIBUNAL IN THE CASE OF LUBRIZOL ADVANCED MATERIALS INDIA PVT. LTD. VS. DCIT REPORTED IN 42 TAXMAN.COM 263. 7. ON THE OTHER HAND, LD. DR VEHEMENTLY SUPPORTED T HE ORDER OF AUTHORITIES BELOW. 8. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD. THE LIMITED ISSUE ARISES BEFOR E US FOR OUR ADJUDICATION WHETHER THE INCOME EARNED BY THE ASSES SEE FROM THE BUSINESS ACTIVITIES OF THE 100% UNITS. IN THIS REGA RD, WE FIND IMPORTANT TO REFER TO THE PROVISION OF SECTION 10B OF THE ACT WH ICH READS AS UNDER: [ SPECIAL PROVISIONS IN RESPECT OF NEWLY ESTABLISHED HUNDRED PER CENT EXPORT-ORIENTED UNDERTAKINGS 35 . 10B. (1) SUBJECT TO THE PROVISIONS OF THIS SECTION, A D EDUCTION OF SUCH PROFITS AND GAINS AS ARE DERIVED BY A HUNDRED PER C ENT EXPORT-ORIENTED UNDERTAKING FROM THE EXPORT OF ARTICLES OR THINGS O R COMPUTER SOFTWARE FOR A PERIOD OF TEN CONSECUTIVE ASSESSMENT YEARS BE GINNING WITH THE ITA NO.3457/AHD/2014 CAPIQ ENGINEERING PVT. LTD. VS. ITO A.Y. 2011-12 - 6 - ASSESSMENT YEAR RELEVANT TO THE PREVIOUS YEAR IN WH ICH THE UNDERTAKING BEGINS TO MANUFACTURE OR PRODUCE ARTICLES OR THINGS OR COMPUTER SOFTWARE, AS THE CASE MAY BE, SHALL BE ALLOWED FROM THE TOTAL INCOME OF THE ASSESSEE : PROVIDED THAT WHERE IN COMPUTING THE TOTAL INCOME OF THE UN DERTAKING FOR ANY ASSESSMENT YEAR, ITS PROFITS AND GAINS HAD NOT BEEN INCLUDED BY APPLICATION OF THE PROVISIONS OF THIS SECTION AS IT STOOD IMMEDIATELY BEFORE ITS SUBSTITUTION BY THE FINANCE ACT, 2000, T HE UNDERTAKING SHALL BE ENTITLED TO THE DEDUCTION REFERRED TO IN THIS SU B-SECTION ONLY FOR THE UNEXPIRED PERIOD OF AFORESAID TEN CONSECUTIVE ASSES SMENT YEARS : 36 [ PROVIDED 37 [ FURTHER ] THAT FOR THE ASSESSMENT YEAR BEGINNING ON THE 1ST DAY OF APRIL, 2003, THE DEDUCTION UNDER THIS SU B-SECTION SHALL BE NINETY PER CENT OF THE PROFITS AND GAINS DERIVED BY AN UNDERTAKING FROM THE EXPORT OF SUCH ARTICLES OR THINGS OR COMPUTER S OFTWARE:] PROVIDED ALSO THAT NO DEDUCTION UNDER THIS SECTION SHALL BE ALLO WED TO ANY UNDERTAKING FOR THE ASSESSMENT YEAR BEGINNING O N THE 1ST DAY OF APRIL, 38 [2012] AND SUBSEQUENT YEARS : 39 [ PROVIDED ALSO THAT NO DEDUCTION UNDER THIS SECTION SHALL BE ALLO WED TO AN ASSESSEE WHO DOES NOT FURNISH A RETURN OF HIS INCOME ON OR BEFORE THE DUE DATE SPECIFIED UNDER SUB-SECTION (1) OF SEC TION 139 .] (2) THIS SECTION APPLIES TO ANY UNDERTAKING WHICH F ULFILS ALL THE FOLLOWING CONDITIONS, NAMELY : (I) IT MANUFACTURES OR PRODUCES ANY ARTICLES OR THINGS OR COMPUTER SOFTWARE; (II) IT IS NOT FORMED BY THE SPLITTING UP, OR TH E RECONSTRUCTION, OF A BUSINESS ALREADY IN EXISTENCE : PROVIDED THAT THIS CONDITION SHALL NOT APPLY IN RESPECT OF ANY UNDERTAKING WHICH IS FORMED AS A RESULT OF THE RE-ESTABLISHMENT , RECONSTRUCTION OR REVIVAL BY THE ASSESSEE OF THE BUSINESS OF ANY SUCH UNDERTAKING AS IS REFERRED TO IN SECTION 33B , IN THE CIRCUMSTANCES AND WITHIN THE PERIOD SPECIFIED IN THAT SECTION ; (III) IT IS NOT FORMED BY THE TRANSFER TO A NEW BU SINESS OF MACHINERY OR PLANT PREVIOUSLY USED FOR ANY PURPOSE. ITA NO.3457/AHD/2014 CAPIQ ENGINEERING PVT. LTD. VS. ITO A.Y. 2011-12 - 7 - 8.1 FROM THE PLAIN READING OF THE ABOVE PROVISION, WE NOTE THAT THE PROFIT OF THE UNDERTAKING IS ELIGIBLE FOR DEDUCTION U/S 10B OF THE ACT PROVIDED IT SHOULD ARISE IN THE COURSE OF BUSINESS ACTIVITIES OF 100% EXPORT UNIT. IN THE IDENTICAL FACTS AND CIRCUMSTANC ES THE HONBLE ITAT IN THE CASE OF LUBRIZOL ADVANCED MATERIALS INDIA PVT. LTD.(SUPRA) HAS DECIDED THE ISSUE IN FAVOR OF THE ASSESSEE BY OBSER VING AS UNDER: 19. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED TH E MATERIAL ON RECORD. BEFORE US THE NATURE OF INCOME AS SUBMITTED BY THE ASSESSEE HAS NOT BEEN CONTROVERTED BY REVENUE. THE CONTENTION OF THE REVENUE IS THAT THE INCOME CANNOT BE SAID TO BE DERIVED FROM THE EL IGIBLE UNDERTAKING AND HENCE IS NOT ALLOWABLE. WE FIND THAT BEFORE SPECIAL BENCH IN THE CASE OF MARAL OVERSEAS LTD. (SUPRA) ONE OF THE QUESTION WAS AS TO WHETHER THE UNDERTAKING IS ELIGIBLE FOR DEDUCTION ON EXPORT INC ENTIVE RECEIVED BY IT. THE SPECIAL BENCH HAS DECIDED THE ISSUE BY HOLDING AS UNDER: 'IT IS CLEAR FROM THE PLAIN READING OF SECTION 10B( 1) OF THE ACT THAT THE SAID SECTION ALLOWS DEDUCTION IN RESPECT OF PROFITS AND GAINS AS ARE DERIVED BY A 100% EOU. FURTHER, SECTION 10B(4) OF THE ACT STIPUL ATES SPECIFIC FORMULA FOR COMPUTING THE PROFIT DERIVED BY THE UNDERTAKING FROM EXPORT. THUS, THE PROVISIONS OF SUB-SECTION(4) OF SECTION 10B OF THE ACT MANDATE THAT DEDUCTION UNDER THAT SECTION SHALL BE COMPUTED BY A PPORTIONING THE PROFITS OF THE BUSINESS OF THE UNDERTAKING IN THE RATIO OF EXPORT TURNOVER BY THE TOTAL TURNOVER. THUS, EVEN THOUGH SUB-SECTION(1) OF SECTION 10B REFERS TO PROFITS AND GAINS AS ARE DERIVED BY A 100% EOU, THE MANNER OF DETERMINING SUCH ELIGIBLE PROFITS HAS BEEN STATUTOR ILY DEFINED IN SUB- SECTION(4) OF THAT SECTION. BOTH SUB-SECTIONS(1) AN D (4) ARE TO BE READ TOGETHER WHILE COMPUTING THE ELIGIBLE DEDUCTION U/S 10BOF THE ACT. WE CANNOT IGNORE SUB-SECTION (4) OF SECTION 10B WHICH PROVIDES SPECIFIC FORMULA FOR COMPUTING THE PROFITS DERIVED BY THE UN DERTAKING FROM EXPORT. AS PER THE FORMULA SO LAID DOWN, THE ENTIRE PROFITS OF THE BUSINESS ARE TO BE DETERMINED WHICH ARE FURTHER MULTIPLIED BY THE RATI O OF EXPORT TURNOVER TO THE TOTAL TURNOVER OF THE BUSINESS. IN CASE OF LIBE RTY INDIA, THE HON. SUPREME COURT HAS DEALT WITH THE PROVISIONS OF SECT ION 80IA OF THE ACT WHEREIN NO FORMULA WAS LAID DOWN FOR COMPUTING THE PROFITS DERIVED BY THE UNDERTAKING WHICH HAS SPECIFICALLY BEEN PROVIDED UN DER SUB-SECTION (4) OF SECTION 10B WHILE COMPUTING THE PROFITS DERIVED BY THE UNDERTAKING FROM ITA NO.3457/AHD/2014 CAPIQ ENGINEERING PVT. LTD. VS. ITO A.Y. 2011-12 - 8 - THE EXPORT. THUS THE DECISION OF THE HON. SUPREME C OURT IS OF NO HELP TO THE REVENUE IN DETERMINING THE CLAIM OF DEDUCTION U /S 10B IN RESPECT OF EXPORT INCENTIVES.' 20. THUS IT IS SEEN THAT THE RESPECTED SPECIAL BENCH O F THE TRIBUNAL HAS HELD THAT ONCE AN INCOME FORMS PART OF THE BUSINESS OF THE UNDERTAKING, THE SAME WOULD BE INCLUDED IN THE PROFITS OF THE BUSINE SS OF THE UNDERTAKING AND WILL BE ELIGIBLE FOR DEDUCTION. RESPECTFULLY FO LLOWING THE AFORESAID SPECIAL BENCH DECISION, WE ARE OF THE VIEW THAT THE ASSESSEE IS ELIGIBLE FOR DEDUCTION ON THE BROKERAGE ON SEA FREIGHT AND INSUR ANCE CLAIM WHICH IT HAS CREDITED TO ITS PROFIT AND LOSS ACCOUNT. THUS T HIS GROUND OF THE ASSESSEE IS ALLOWED. IN VIEW OF ABOVE, WE HOLD THAT THE OTHER INCOME AS DISCUSSED ABOVE IS ARISING FROM THE ACTIVITY OF 100% EXPORT ORIENTED U NIT THEREFORE ELIGIBLE FOR DEDUCTION U/S 10B OF THE ACT. 8.2 AS WE HAVE DECIDED THE ISSUE IN FAVOR OF THE AS SESSEE THE OTHER GROUND OF APPEAL RAISED BY THE ASSESSEE DID NOT REQ UIRE ANY SEPARATE ADJUDICATION. HENCE, THE SAME BECOME INFRUCTUOUS. A CCORDINGLY, WE DISMISS THE SAME. THUS, THE GROUND OF APPEAL OF THE ASSESSEE IS ALLOWED. 9. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED . THIS ORDER PRONOUNCED IN OPEN COURT ON 03/12/2018 SD/- SD/- E/KQFERK JKW; E/KQFERK JKW; E/KQFERK JKW; E/KQFERK JKW; OLHE VGEN OLHE VGEN OLHE VGEN OLHE VGEN U;KF;D LNL; U;KF;D LNL; U;KF;D LNL; U;KF;D LNL; YKS[KK LN YKS[KK LN YKS[KK LN YKS[KK LNL; L; L; L; (MADHUMITA ROY) (WASEEM AHMED) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD; DATED 03/12/2018 PRITI YADAV, SR.PS ITA NO.3457/AHD/2014 CAPIQ ENGINEERING PVT. LTD. VS. ITO A.Y. 2011-12 - 9 - !'# $#! / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. & '( ) / CONCERNED CIT 4. ) () / THE CIT(A)-I, BARODA. 5. ,-. //'( , '(# , 12$&$ / DR, ITAT, AHMEDABAD. 6. .34 5 / GUARD FILE. % & / BY ORDER, , / //TRUE COPY// '/& () ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD 1. DATE OF DICTATION 29/10/2018 (PAGE-3) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER : .. 05/11/2018 3. OTHER MEMBER.. 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S15/11/2018 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT .. 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER 10. DATE OF DESPATCH OF THE ORDER