SAE India, CHENNAI V. DIT, CHENNAI

ITA 386/CHNY/2012

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 81214 (ITAT-CHENNAI)
• Duration Of Justice: 2 year(s) 7 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-10-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 18-08-2014
• Assessment Year: 2009-2010
• Appeal Filed On: 22-02-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DURGESH SUMROTT
• Assessee Lawyers: R VIJAYARAGHAVAN
• Keywords: Charitable institution; Cancellation of registration
• Section: 12A; 12AA; 12; 11

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , D B ENCH, CHENNAI . , ' $ % , & ' BEFORE SHRI A.MOHAN ALANKAMONY ACCOUNTANT MEMBER AND SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER ./ I.T.A.NO.386/MDS/2012 M/S. SAE INDIA, 1/17, CEEBROS ARCADE, II FLOOR, III CROSS STREET, KASTURBA NAGAR, CHENNAI-600 020. VS DIRECTOR OF INCOME TAX (EXEMPTIONS), AYAKAR BHAVAN ANNEXE, 3 RD FLOOR, 121, M.G.ROAD, CHENNAI-600 034. PAN:AADTS3913K ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : MR. R.VIJAYARAGHAVAN, ADVOCATE /RESPONDENT BY : MR. DURGESH SUMROTT, CIT DR / DATE OF HEARING : 18 TH AUGUST, 2014 /DATE OF PRONOUNCEMENT : 17 TH OCTOBER, 2014 / O R D E R PER CHALLA NAGENDRA PRASAD , JM: THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE OR DER OF THE DIRECTOR OF INCOME TAX (EXEMPTIONS) DATED 26 .12.2011 PASSED UNDER SECTION 12AA(3) OF THE ACT CANCELLING REGISTRATION GRANTED TO THE ASSESSEE WITH EFFECT FR OM 1.4.2009 I.E. INTRODUCTION OF PROVISO TO SECTION 2(15) OF TH E ACT STATING THAT ORGANIZATION HAS NOT REMAINED CHARITABLE. 2. COUNSEL FOR THE ASSESSEE SUBMITS THAT ASSESSEE W AS GRANTED REGISTRATION UNDER SECTION 12AA OF THE ACT VIDE ORDER 2 ITA NO.386/MDS/2012 NO.DIT(E)NO.2(202)/2003-04 DATED 24.7.2003. COUNSEL SUBMITS THAT SOCIETY WAS FORMED WITH FOLLOWING MAIN OBJECTS:- I) TO SERVE AS A FORUM WHERE ENGINEERS, SCIENTISTS, TECHNOLOGISTS AND INNOVATORS IN MOBILITY ENGINEERING FIELD CAN EXCHANGE IDEAS AND LEARN FROM EACH OTHER EXPERIENCE; II) TO HOLD, ORGANIZE TECHNICAL MEETINGS, WORKSHOP, SEMINARS EDUCATIONAL PROGRAMS AND SPECIALTY CONFERENCES TO REPORT ON THE FRONTLINE DEVELOPMENT BEFORE THEY IMPACT THE INDUSTRY; III) TO ORGANIZE TOURS, SOCIAL EVENTS AND EXHIBITI ON OF LATEST EVENTS RELATED TO MOBILITY ENGINEERING FIELD; & IV) TO ENCOURAGE THE CREATION, MAINTENANCE AND ADHERENCE OF CODE OF CONDUCT FOR THE PROFESSION OF MOBILITY ENGINEERING, ETC. 3 ITA NO.386/MDS/2012 COUNSEL FOR THE ASSESSEE SUBMITS THAT IN VIEW OF TH E AMENDMENT TO SECTION 2(15) OF THE ACT AND SINCE THE RECEIPTS OF THE ASSESSEE EXCEEDED OVER ` 10 LAKHS I.E. THRESHOLD LIMIT AS PROVIDED IN 2 ND PROVISO TO SECTION 2(15) OF THE ACT THE EXEMPTION GRANTED UNDER SECTION 12AA WAS WITHDRAWN AS THE ASSESSEE IS NO MORE CHARITABLE ORGANIZATION AND THE ASSESSEES OBJECTS FALL UNDER GENERAL PUBLIC UTILIT Y AND NOT EDUCATION. COUNSEL SUBMITS THAT OBJECTS OF THE ASS ESSEE IS TO SERVE AS A FORUM WHERE ENGINEERS, SCIENTISTS, TECHNOLOGISTS AND INNOVATORS IN MOBILITY ENGINEERIN G FIELD CAN EXCHANGE IDEAS AND LEARN FROM EACH OTHER EXPERIENC E AND THE OBJECTS AND ACTIVITIES OF THE INSTITUTION ARE E DUCATIONAL IN NATURE AS IT IS CONDUCTING PROGRAMME FOR SCHOOL CHI LDREN TO CULTIVATE ENGINEERING BACKGROUND. COUNSEL SUBMITS T HAT ASSESSEE CONDUCTS BAJA COMPETITION WHERE UNDERGRADU ATE AND POST-GRADUATE ENGINEERS CAN DISPLAY THEIR TECH NICAL SKILL BY PROTOTYPE RACE CARS. COUNSEL FURTHER SUBMITS TH AT ASSESSEE ALSO CONDUCT PROFESSIONAL RELEVANT PROGRAM ME BY WAY OF ORGANIZING CONFERENCES ETC. AND THEREFORE AC TIVITIES OF THE ASSESSEE CERTAINLY FALL UNDER THE LIMB OF EDUCA TION. COUNSEL FOR THE ASSESSEE FURTHER SUBMITS THAT EVEN ASSUMING 4 ITA NO.386/MDS/2012 FOR A MOMENT WITHOUT CONCEDING THAT ITS OBJECTS DO NOT FALL UNDER EDUCATION, REGISTRATION GRANTED UNDER SECTION 12AA CANNOT BE WITHDRAWN SIMPLY BECAUSE RECEIPTS OF THE ASSESSEE EXCEEDS ` 10 LAKHS I.E. THRESHOLD LIMIT AS PER SECOND PROVISO TO SECTION 2(15) OF THE ACT. COUNSE L SUBMITS THAT SIMPLY BECAUSE RECEIPTS OF THE ASSESSEE ARE EX CEEDED ` 10 LAKHS I.E. THRESHOLD LIMIT AS PROVIDED UNDER SE COND PROVISO, THE ASSESSEE INSTITUTION CANNOT BE HELD AS NOT GENUINE AND IT IS NOT CHARITABLE ORGANIZATION. HE S UBMITS THAT ASSESSING OFFICER CAN DENY SECTION 11 IF HE FINDS T HAT ACTIVITIES OF THE ASSESSEE ARE COMING WITHIN THE PU RVIEW OF TRADE, COMMERCE OR BUSINESS OR ANY ACTIVITY OF REND ERING ANY SERVICE IN RELATION TO ANY TRADE, COMMERCE OR BUSIN ESS BUT CERTAINLY THE REGISTRATION GRANTED UNDER SECTION 12 AA OF THE ACT CANNOT BE WITHDRAWN. COUNSEL FOR THE ASSESSEE F URTHER REFERRING TO THE MEMORANDUM EXPLAINED IN FINANCE BI LL, 2012 SUBMITS THAT THE INTENTION OF LEGISLATURE IS NOT T O WITHDRAW REGISTRATION GRANTED UNDER SECTION 12AA OF THE ACT IN EACH AND EVERY CASE WHEN THERE IS EXCESS OF RECEIPTS BY THE ASSESSEE PRESCRIBED UNDER SECOND PROVISO TO SECTION 2(15) OF THE ACT. THEREFORE, COUNSEL SUBMITS THAT EVEN IF T HE ACTIVITIES 5 ITA NO.386/MDS/2012 OF THE ASSESSEE TRUST FALL UNDER GENERAL PUBLIC UTI LITY, SINCE ITS OBJECTS ARE GENUINE AND ACTIVITIES ARE GENUINE, REG ISTRATION GRANTED UNDER SECTION 12AA CANNOT BE WITHDRAWN. COU NSEL PLACES RELIANCE ON THE DECISION OF HONBLE MADRAS HIGH COURT IN THE CASE OF TAMIL NADU CRICKET ASSOCIATION IN TAX CASE APPEAL NO.450 OF 2013 DATED 21.10.2013. 3. DEPARTMENTAL REPRESENTATIVE SUPPORTS THE ORDER O F DIRECTOR OF INCOME TAX (EXEMPTIONS) IN WITHDRAWING REGISTRATION GRANTED UNDER SECTION 12AA(3) OF THE A CT. 4. HEARD BOTH SIDES. PERUSED ORDERS OF LOWER AUTHOR ITIES AND THE CASE LAW RELIED ON. THE ASSESSEE WAS GRANTE D REGISTRATION UNDER SECTION 12AA OF THE ACT VIDE ORD ER NO. DIT(E)NO.2(202)/2003-04 DATED 24.7.2003. THE ASSESS EE CONTENDS THAT OBJECTS AND ACTIVITIES OF THE ASSESSE E ARE EDUCATIONAL IN NATURE AS IT IS CONDUCTING PROGRAMME FOR SCHOOL CHILDREN TO CULTIVATE ENGINEERING BACKGROUND S. IT IS CONDUCTING BAJA COMPETITION WHERE UNDERGRADUATE AND POSTGRADUATE ENGINEERS CAN DISPLAY THEIR TECHNICAL SKILL BY PROTOTYPE RACE CARS. THEY ARE CONDUCTING CONFERENCE S ON 6 ITA NO.386/MDS/2012 VARIOUS ISSUES OF AUTOMOBILE SECTOR WHILE PARTICIP ANTS ARE MANAGERS AND ENGINEERS OF AUTOMOBILE INDUSTRY. TH ESE ACTIVITIES IN OUR VIEW CANNOT BE CONSIDERED AS EDU CATION. THE ACTIVITIES OF THE ASSESSEE CARRIED ON CERTAINLY NOT FALL UNDER EDUCATION. THE ACTIVITIES OF THE INSTITUTIO N WILL FALL UNDER THE CATEGORY OF OBJECT OF GENERAL PUBLIC UTIL ITY. THE MAIN REASON FOR WITHDRAWING REGISTRATION GRANTED UNDER S ECTION 12AA(3) SEEMS TO BE THAT THE ASSESSEE IS RECEIVING HUGE AMOUNTS AS IT IS CONDUCTING VARIOUS CONFERENCES, BA JA PROGRAMMES IN PROMOTING OBJECTS OF THE ASSESSEE. D IRECTOR OF INCOME TAX (EXEMPTIONS) CANCELLED REGISTRATION UNDER SECTION 12AA(3) OF THE ACT STATING THAT OBJECTS AND THE ACTIVITIES OF THE ASSESSEE ARE FALLING UNDER GENERA L PUBLIC UTILITY AND NOT EDUCATION AND ASSESSEES COMMERCIAL RECEIPTS EXCEEDING ` 10 LAKHS I.E. THRESHOLD LIMIT AS PER SECOND PROVISO TO SECTION 2(15) OF THE ACT AND THEREFORE A SSESSEE LOSES ITS CHARACTER WITH CHARITABLE INSTITUTION AS PER FIRST AND SECOND PROVISO OF SECTION 2(15) OF THE ACT. THIS C ONCLUSION OF THE DIRECTOR OF INCOME TAX (EXEMPTIONS) APPEARS TO BE NOT CORRECT, WHEN THE OBJECTS OF THE ASSESSEE TRUST ARE GENUINE AND ASSESSEE IS CARRYING ON THE ACTIVITIES IN ACCOR DANCE WITH 7 ITA NO.386/MDS/2012 THE OBJECTS. IN THIS CASE, ACTIVITIES OF THE TRUST CANNOT BE HELD TO BE NOT GENUINE AND IT IS NOT THE CASE OF THE DIRECTOR OF INCOME TAX (EXEMPTIONS) THAT ASSESSEE IS NOT CARRY ING ON THE ACTIVITIES IN ACCORDANCE WITH ITS OBJECTS. THE ONLY REASON FOR REFUSING REGISTRATION WAS THAT ASSESSEES RECEI PTS ARE EXCEEDING THRESHOLD LIMIT AS SPECIFIED UNDER SECOND PROVISO TO SECTION 2(15) OF THE ACT. 5. THE MEMORANDUM EXPLAINING THE PROVISIONS IN FINA NCE BILL, 2012 REGARDING PROVISO TO SECTION 2(15) OF T HE ACT READS AS UNDER:- ASS ES SM E NT OF CHARITABLE OR G ANIZATION IN CA S E C OMMERCIAL R ECE IPTS E XCEED THE S PECIFIED THRESHOLD S E C TION S 11 AND 12 OF THE ACT EXE MP T INCOME OF ANY CHARITABL E TRU S T OR IN S TITUTION , IF S U C H INCOM E IS APPLIED FOR CHARITABLE PURPO SE S IN INDIA AND S U C H IN S TITUTION IS R E GI S T E R E D UNDER S ECTION 12AA OF THE ACT . SECTION 1 0( 23C ) O F THE IN C OM E -TA X ACT AL S O PRO V IDE S EX EMPTION IN RESPECT OF A PP ROVE D C HARIT A BL E FUNDS OR IN S TITUTION S . SEC TI O N 2 (1 5 ) ' OF TH E AC T PR OV IDES DEFINITION OF C HARIT A BL E PURPO S E . IT IN C LUD ES ' ADVAN CE M E NT O F A N Y OTH E R OBJ EC T O F GE NERAL PUBLI C UTILITY ' A S C H A RIT AB L E PURP OSE PR OV ID E D TH A T IT DO ES N O T IN V OL V E C ARR Y IN G ON OF ANY ACTI V I TY IN TH E NATUR E O F TRAD E, C OMM E RC E O R BU S IN ES S. T H E SEC O ND P R OV I S O T O S A ID SE C T IO N PR OV ID ES TH A T IN CASE W H ERE THE AC T IV IT Y OF A N Y TRU S T OR IN S T I TUT IO N I S O F T H E NA T URE O F ADVA N CE M E NT O F A N Y O TH E R O BJ EC T O F G E N E R A L P U BLIC U TIL I T Y , A N D I T I NVO L VE S CARRY IN G O N O F A N Y AC T IVI T Y IN TH E NAT U R E OF TR ADE , CO MM E R C E O R B U S IN ES S; BUT TH E A GG R EGA T E V A LU E O F R E C E IPT S FR O M THE C OMM E R C IAL A CTIVITIES DO ES NOT E X CE E D ` 2 5, 00 , 000 IN TH E PR E VI O US YE AR , TH E N TH E PURPOS E OF SU C H INSTITUTION ~ S HALL BE CON S IDER E D AS CHARITABL E , AND A CC ORDIN G LY, TH E B E NEFITS OF E X EMPTION S HALL BE AVAILABLE TO 8 ITA NO.386/MDS/2012 IT . THUS , A C HARITABLE TRUST OR INSTITUTION PUR S UING ADVANCEMENT OF OBJECT OF G E NERAL PUBLIC UTILITY MAY BE A CHARITABLE TR U S T IN ONE YEAR AND NOT A C HARITABLE TRUST IN ANOTHER YEAR D E PENDING ON T H E AGGREGATE VALU E OF R E CEIPTS FROM COMMERCIAL ACTIVITIES . THERE IS, THER E FORE, NEED TO EX PR E S S LY PR OVI D E IN LAW THAT NO EXE MPT I ON WOULD BE AVAILABLE FOR A PREVIOUS YEAR , TO 1 TR U S T OR INSTITUTION TO WHICH FIRST PROVISO OF SECTION 2 (15) BECOME APPLICAB L E FOR THAT PARTICULAR PREVIOUS YEAR. HOWEVER, THI S TEMPORARY EXCESS IN ONE Y E AR MAY NOT BE TREATED AS ALTERING TH E VERY NATURE OF THE TRUST OR INSTITU T I O N SO AS TO LEAD TO CANCELLATION OF REGISTRATION OR W ITHDRAWAL OF APPROVAL OR RESCINDING OF THE NOTIFI C ATION ISSUED IN R E SP E CT OF TRUST OR INSTITUTION . THEREFOR E, THERE IS NEED TO ENSURE THA T IF TH E PURPO S E OF A TRUST OR INSTITUT I ON DOES NOT REMAIN CHARITABLE DUE TO APPLIC A TION OF THE FIRST PROVISO ON ACCOUNT OF COMM E R C IAL RE C EIPT THR E SHOLD PRO V ID E D IN TH E SE C OND PROVISO IN A PREVIOUS YEAR . THEN , SUCH TRUST OR INSTITUTI O N WOULD NOT B E ENTITL E D TO GET BEN E FIT OF E X EMPTION IN RESPECT OF ITS INCOM E FOR THAT PREVIOUS Y E AR FOR WHICH SUCH PROVISO IS APPLICABLE . SUCH D E NIAL OF E XE MPTION S HALL BE MANDATORY BY OPER A TION OF LAW AND WOULD NOT BE D E P E ND E NT ON ANY WITHDRAWAL OF APPROVAL OR CANCELLATION OF REGISTRATION O R A NOTIFICATION BEING RESCIND ED. (EMPHASIS SUPPLIED). IT IS , THEREFORE, PROPOSED TO AMEND SECT I O N 10(23C), SECTION 13 AND SECTION 143 OF TH E ACT TO ENSUR E THAT SUCH ORG A NIZATION DOES NOT GET BENEFIT OF TA X EXE MPTION IN TH E YEAR IN WHICH IT'S RE C EIPT S FROM COMMERCIAL ACTIVITIES EXC EE D THE THRESHOLD WHETHER OR NOT THE REGI S TRATION OR APPROVAL GRANT E D OR THE NOTIFICATION ISSUED IS CAN C ELLED , W IT H DRA W N OR RESCINDED. THIS AMENDMENT WILL TAKE EFFECT RETROSPECT I VELY FROM 1ST APRIL , 2009 AND WILL , ACCORDINGLY, APPLY IN RELATION TO THE A S S E SSM E NT YEAR 2009-10 AND SUBSEQU E NT ASSESSMENT YEA RS. 6. ON READING OF THE ABOVE MEMORANDUM EXPLAINING PROVISO IN FINANCIAL BILL, 2012 THE ASSESSMENT OF CHARITABLE ORGANIZATION IT IS UNDERSTOOD THAT IN CASE COMMERC IAL RECEIPTS EXCEEDING THE SPECIFIED THRESHOLD, THE INT ENTION OF 9 ITA NO.386/MDS/2012 THE LEGISLATURE IS NOT TO CANCEL THE REGISTRATION UNDER SECTION 12AA OF THE ACT WHEREVER RECEIPTS OF AN INSTITUTION EXCEEDS THRESHOLD LIMIT AS SPECIFIED IN PROVISO TO SECTION 2(15) OF THE ACT. 7. THE HONBLE MADRAS HIGH COURT IN THE CASE OF TA MIL NADU CRICKET ASSOCIATION VS. DIRECTOR OF INCOME TA X (EXEMPTIONS) (360 ITR 633) HELD THAT CANCELLATION O F REGISTRATION SHOULD BE WITH REFERENCE TO THE OBJECT S SATISFYING DEFINITION OF CHARITABLE PURPOSE AT THE TIME OF REG ISTRATION AND NOT BY SUBSEQUENT AMENDMENT TO SECTION 2(15) OF THE ACT. WHILE HOLDING SO, THE HONBLE HIGH COURT OBSERVED A S UNDER:- H E LD , ALLOWIN G THE APPEAL, (I) THAT TH E RE BEIN G NO DISPUT E RAIS E D B Y TH E R EVE NU E A S TO THE GENUINENE S S OF TH E TRUST OR AS TO THE ACTIVITI E S OF TH E TRUST NOT B E IN G IN A C CORDANCE WITH THE OBJE C T S OF TH E TRUST , THE QU E STION OF C A NCE LLATION UND E R S E CTION 12AA DID NOT ARIS E . REGISTRATION WAS GRANT E D ON MARC H 2 8 , 2003 , TAKIN G INTO CONSIDERATION TH E OBJ E CTS OF THE INSTITUTIO N FITT I N G I N WITH TH E D E F I NITION OF 'CHA R ITABL E PURPO SE ' DEFIN E D UNDER SECTION 2(1 5 ) A ND TH E S UB S TITUTION OF TH E SECTION ITS E LF C AM E ONLY IN 2008 , WITH E FF EC T FR O M A P RI L 1 , 2009 . THE C IRCULAR C LEARLY BRINGS OUT THE OBJ E CT OF THE AM E ND MEN T A N D TH E AM E ND E D PROVISION HAD NO REL E VAN CE TO TH E CASE . THE POWER R E GARDING C AN CE LLATION , H E N CE , HAS TO BE SEEN WITH R E F E RENC E TO THE REGISTRATION AND TH E OBJ EC T S ATISFYIN G TH E D E FINITION OF 'CHARITABL E PURPOSE', AS IT STOOD A T TH E TI ME O F R E GI S TRAT IO N AND NOT BY TH E 10 ITA NO.386/MDS/2012 SUBS E QU E NT AM E NDM E NT TO SECTION 2(15) . ( I I ) THAT THE R EVE NU E G RANT E D R EG I S TRAT I ON UNDER SECTION 12AA S A T I SFY I N G I TSE LF A S TO TH E O BJECTS OF THE A SS O CI ATION B E FITTING THE STATU S A S C HAR I TABL E PURPO SE A S D E FIN E D UNDER SECTION 2(15) , A S IT STOOD IN 2003 AND IF TH E REGIS TRAT IO N WERE TO B E C A N CELLED, IT MU S T B E O N LY ON TH E G ROUNDS STAT E D U N D ER SEC TI O N 1 2A A ( 3 ) W ITH R E F E R E NCE TO TH E OBJ EC T S A CCE PT E D AND REGI S T E RED UND ER SEC TI O N 12A A , IN ACC ORD A N CE WITH TH E LA W A S IT TH EN S TOOD UNDER THE D E FINITI ON OF SEC T I ON 2 (1 5 ) . THU S, I F A PARTICULAR A C T IV ITY OF TH E IN S T I TUTION APP E AR E D T O BE C OM MERC IAL IN C H A RA C T E R , AND IT IS NOT DOMINANT, THEN IT IS FO R TH E AS SESSI N G OFF ICER TO C ON S I DE R THE EFFECT OF SEC TION 11 IN T H E MATT E R OF GR ANTIN G EXE MPT IO N T O A PARTICULAR HEAD OF RECEIPT. THE MERE FACT THAT THE I NCOME D O ES NOT FIT IN W ITH S E CTION 11 WOULD NOT, BY ITSELF , LEAD TO TH E CON C LUSION TH A T T H E REGISTRAT I ON GRANTED UNDER SECTION 12AA WAS BAD AND, HAD TO B E C ANC E L L ED. THEREFORE, SE CTION 12AA(1) MUST NOT BE READ ALONG WITH SECTION 12 AA(3 ) B E FORE CONSID ER IN G THE CANCELLATION. 8. THEREFORE, IN THIS CASE SINCE THE ASSESSEES OB JECTS AND ACTIVITIES ARE GENUINE REGISTRATION CANNOT BE CANCELLED MERELY BECAUSE RECEIPTS ARE EXCEEDING THRESHOLD LI MIT AS PROVIDED UNDER SECOND PROVISO TO SECTION 2(15) OF T HE ACT. IT IS OPEN TO THE ASSESSING OFFICER TO DENY EXEMPTION UNDER SECTION 11 ON THE RECEIPTS OF THE ASSESSEE, IF THE ASSESSING OFFICER FEELS THAT ACTIVITIES OF THE ASSESSEE ARE F OR GENERAL PUBLIC UTILITY AND IT IS INDULGING IN TRADE OR COMM ERCE ETC. 11 ITA NO.386/MDS/2012 THEREFORE, WE SET ASIDE THE IMPUGNED ORDER OF THE D IRECTOR OF INCOME TAX (EXEMPTIONS) AND ALLOW THE GROUNDS RAIS ED BY THE ASSESSEE. 9. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED . ORDER PRONOUNCED IN THE OPEN COURT ON FRIDAY, THE 17 TH DAY OF OCTOBER, 2014 AT CHENNAI. SD/- SD/- (. ) ( % '( ) ( A.MOHAN ALANKAMONY ) ( CHALLA NAGENDR A PRASAD ) * /ACCOUNTANT MEMBER '+ * /JUDICIAL MEMBER ' /CHENNAI, , /DATED, 17 TH OCTOBER, 2014 SOMU +./ 0/ /COPY TO: 1. APPELLANT 2. /RESPONDENT 3. 1 () /CIT(A) 4. 1 /CIT 5. / ++4 /DR 6. 7 /GF .