Appeal details
Counselvise Citation
[2015] 140 COUNSELVISE.COM (IT) 93429 (ITAT-NAGPUR)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 8 month(s) 2 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
10-07-2015
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
DB
Assessment Year
2010-2011
Appeal Filed On
08-11-2013
Judgement Text
1 ITA NO. 400/NAG/2013 IN THE INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR BEFORE SHRI MUKUL K. SHRAWAT, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER. I.T. A. NO. 400/NAG/2013 ASSESSMENT YEAR : 2010 - 11. VISHAL NAGRI SAHAKARI CREDIT THE INCOME - TAX OFFICER, COOPERATIVE SOCIETY LTD., V/S. WARD - 7(2), NAGPUR. KORADI ROAD, MAHADULLA, TALUKA : KAMPTEE, DIST. NAGPUR. PAN AAAJV0417E. (APPELLANT) RESPONDENT. APPELLANT BY : SHRI V.V. SARANJAME. RESPONDENT BY : SHRI NARENDRA KANE. DATE OF HEARING : 2 6 - 05 - 2015 DATE OF PRONOUNCEMENT : 10 TH JULY, 2015. O R D E R PER SHRI MUKUL K. SHRAWAT, J.M. THIS IS AN APPEAL FILED BY THE ASSESSEE ARISING FROM THE ORDER OF LEARNED CIT(APPEALS) - II, NAGPUR DATED 21 - 08 - 2013. THE GROUNDS RAISED ARE REPRODUCED BELOW: 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE THE LEARNED CIT(A) WA S NOT JUSTIFIED IN UPHOLDING THE DISALLOWANCE OF ` .25,00,000/ - BEING THE PROVISION FOR NPAS WITHOUT CONSIDERING THE FACTS IN THEIR LEGAL PERSPECTIVE 2 ITA NO. 400/NAG/2013 AND THIS HONOURABLE COURT BE PLEASED TO DELETE THE SAME FROM THE ASSESSED INCOME. 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE THE LEARNED CIT(A) WAS NOT JUSTIFIED IN UPHOLDING THE DISALLOWANCE OF ` .3,94,631/ - WITHOUT CONSIDERING THE JUDGMENT OF HONOURABLE APEX COURT IN CIT V/S. NAVANSHANAR CENTRAL COOPERATIVE BANK LTD., REPO RTED IN (2012) 254 CTR 108 (SC) AND THIS HONOKURABLE COURT BE PLEASED TO DELETE THE SAME AS ONE MADE WITHOUT CONSIDERING THE DECISION OF THE APEX COURT AND WITHOUT DISCUSSING THE SAME IN HIS ORDER THEREBY RENDERING IT TO BE NON SPEAKING AS THE COMMISS ION RECEIVED ON COLLECTION OF ELECTRIC BILLS IS VERY MUCH THE PART OF BANKING ACTIVITY. 3. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE THE LEARNED CIT(A) WAS NOT JUSTIFIED IN CONFIRMING THE ADDITION OF ` .7500/ - TOWARDS TDS AND RS.13516/ - TOWARDS FBT, WRONGLY CLAIMED BY THE APPELLANT IN VIEW OF THE FACT THAT A SPECIFIC GROUND WAS TAKEN TO CLAIM THAT IF THE ABOVE ITEMS ARE ADDED TO THE GROSS RECEIPTS, THEY AGAIN WOULD QUALIFY FOR DEDUCTION U/S 80 - P(2)(A)(1), FORMING THE PART OF THE BANKING RECEIP TS AND THIS HONOURABLE COURT BE PLEASED TO ISSUE SPECIFIC DIRECTION TO THE LEARNED AO TO GRANT DEDUCTION U/S 80P(2)(A)(I) AFTER THE ABOVE ITEMS ARE ADDED TO THE GROSS RECEIPTS. 4. WITHOUT PREJUDICE TO THE FORGIVING GROUNDS AND ON THE FACTS AND IN THE CIRCUMSTANCES SOF THE CASE THE LEARNED CIT(A) WAS NOT JUSTIFIED IN SAYING REPEATEDLY IN HIS ORDER THAT NO SUBMISSIONS WERE MADE. THE STATEMENT OF FACTS AND THE GROUNDS OF APPEAL RAISED, WERE COMPREHENSIVE AND NO SEPARATE SUBMISSIONS ARE REQUIRED AND T HIS HONOURABLE COURT BE PLEASED TO CONSIDER ALL THE FACTS, IGNORED BY THE LEARNED CIT(A) BY ALLOWING THIS APPEAL. 5. WITHOUT PREJUDICE TO THE FOREGOING GROUNDS AND ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE THE LEARNED A.O. AND CIT(A) WERE NOT JU STIFIED IN DISALLOWING ` .25,00,000/ - TOWARDS PROVISIONS FOR NPA, WHERE FOR THE IMMEDIATELY PREVIOUS YEAR A.Y. 2009 - 10 IN APPEAL I.T.A. NO. 186/NAG/2012, THE DEPARTMENT HAD NOT RAISED THE GROUND FOR NPA AT ` .25,00,000/ - WHILE PREFERRING AN APPEAL BEFORE THE I.T.A.T. AND THIS HONOURABLE COURT BE PLEASED TO ALLOW THE DEDUCTION, IN VIEW OF THE FACT THAT THE DEPARTMENT HAD NO OBJECTION FOR ALLOWING ` .25,00,000/ - BY CIT(A) ON THE SAME SET OF FACTS. 3 ITA NO. 400/NAG/2013 2. IN THE BE GINNING ITSELF WE HAVE BEEN INFORMED THAT A FINDING WAS GIVEN BY THE ASSESSING OFFICER IN THE ORDER PASSED UNDER SECTION 143(3) DATED 30 TH NOVEMBER, 2012 THAT THE ASSESSEE IS A COOPERATIVE CREDIT SOCIETY AND PROVIDING CREDIT FACILITIES TO ITS MEMBERS. THE ASSESSEE HAS ALSO NARRATED THAT THE ASSESSEE IS A CREDIT COOPERATIVE SOCIETY GOVERNED BY REGISTRAR OF COOPERATIVE SOCIETIES AND CLAIMED DEDUCTION UNDER SECTION 80P(2)(A)(I) OF I.T. ACT. THE ASSESSING OFFICER WAS NOT CONVINCED AND ACCORDING TO HIM THE ASSE SSEE WAS IN A BANKING BUSINESS AND, THEREFORE, AS PER THE PROVISIONS OF SECTION 80P(4) NOT ENTITLED FOR DEDUCTION. 3. FACTS IN THIS REGARD AS EMERGED FROM THE CORRESPONDING ASSESSMENT ORDER ARE REPRODUCED BELOW : THE ASSESSEE IS A CO - OPERATIVE CREDIT SO CIETY. THE ASSESSEE IS INVOLVED IN BANKING BUSINESS AND PROVIDES CREDIT FACILITIES TO ITS MEMBERS. DURING THE COURSE OF ASSESSMENT PROCEEDINGS, THE AUTHORIZED REPRESENTATIVE (A.R.) PRODUCED AUDIT REPORT, SELECTED LEDGERS, AND OTHER DOCUMENTS IN SUPPORT OF VARIOUS DEDUCTIONS AND EXPENSES CLAIMED, WHICH WERE TEST CHECKED. DURING THE ASSESSMENT PROCEEDINGS IT WAS OBSERVED THAT THE ASSESSEE HAS CLAIMED DEDUCTION OF ` .9,96,496/ - U/S 80P OF THE CHAPTER VI - A OF THE ACT. THE ASSESSEE WAS ASKED TO JUSTIFY THE ELIGIBILITY OF ITS CLAIM FOR DEDUCTION UNDER SECTION 80P OF THE INCOME TAX ACT, 1961 IN THE LIGHT OF SUB - SECTION (4) OF SECTION 80P THE AUTHORIZED REPRESENTATIVE OF THE ASSESSEE JUSTIFYING HIS CLAIM FOR DEDUC TION U/S 80P, STATED AS UNDER : - OUR IS A CREDIT CO - OPERATIVE SOCIETY. WE ARE PROVIDING CREDIT FACILITIES TO OUR MEMBERS. WE ARE GOVERNED BY THE DISTRICT REGISTRAR OF CO - OPERATIVE SOCIETY AND DEPUTY DISTRICT REGISTRAR OF THE CO - OPERATIVE SOCIETIES UNDER THE MAHARASHTRA CO - OPERATIVE SOCIETIES ACT 1960 AND NOT THE BANKINGREGULATION ACT, 1949. WE CANNOT USE THE WORD BANK IN OUR NAME. WE CANNOT AVAIL OF THE FACILITY OF CLEARING HOUSE OF THE RESERVE BANK OF INDIA. HENCE WE HAVE CLAIMED DEDUCTION U/ S 80P(2)(A)(I) 4 ITA NO. 400/NAG/2013 THE CONTENTION OF THE ASSESSEE WAS EXAMINED IN DETAIL AND THE SAME IS FOUND NOT ACCEPTABLE. AS PER THE PROVISION OF SUB - SECTION (4) OF SECTION 80P OF THE INCOME TAX ACT, 1961, DEDUCTION UNDER SECTION 80P IS NOT AVAILABLE TO A CO - OPER ATIVE BANK OTHER THAN A PRIMARY AGRICULTURAL CREDIT SOCIETY AND PRIMARY CO - OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANKS. THE ASSESSEE IS NEITHER A PRIMARY AGRICULTURAL CREDIT SOCIETY NOR A PRIMARY CO - OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK WITHIN THE MEANING OF PART V OF BANKING REGULATION ACT, 1949 WHICH IS BEING REFERRED TO IN CONTEXT OF THE EXPLANATION TO SEC. 80P OF THE INCOME - TA X ACT, 1061. 3.1 THEREFORE, THE CLAIM OF THE ASSESSEE FOR A DEDUCTION OF ` .9,96,496/ - UNDER SECTION 80P WAS DISALLOWED. FURTHER IT WAS ALSO OBSERVED BY THE ASSESSING OFFICER THAT THE ASSESSEE HAD DEBITED AN EXPENDITURE OF ` .25 LAKHS TOWARDS THE PROVISION FOR NPA. IN THE ABSENCE OF PROPER EXPLANATION, THE SAID PROVISION WAS ALSO TAXED IN THE HANDS OF THE ASSESSEE. SINCE THE ASSESSING OFFICER HAS NOT GRANTED ANY DEDUCTION UNDER SECTION 80P, THEREFORE, THE PROVISION FOR FBT OF ` .13,560/ - AND TDS OF ` .7500/ - WAS ALSO TAXED IN THE HANDS OF THE ASSESSEE. THE ASSESSIN G OFFICER HAS ALSO TAXED THE NET ELECTRIC BILL COMMISSION OF ` .3,94,631/ - IN THE HANDS OF THE ASSESSEE. THE ACTION OF THE ASSESSING OFFICER WAS CHALLENGED BEFORE THE LEARNED CIT(APPEALS). 4. AS FAR AS THE GROUND OF THE ASSESSEE IN RESPECT OF BENEFIT OF DE DUCTION UNDER SECTION 80P(2)(A)(I) IS CONCERNED, THE LEARNED CIT(APPEALS) HAS ALLOWED THE SAME FOLLOWING THE DECISION OF ITAT, NAGPUR BENCH PERTAINING TO ASSESSMENT YEAR 2009 - 10 PRONOUNCED IN ASSESSEES OWN CASE R ELEVANT PORTION IS REPRODUCED B E LOW: WE H AVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE ORDERS OF THE REVENUE AUTHORITIES. WE ARE OF THE OPINION THAT ORDERS OF THE FAAS DO NOT SUFFER FROM ANY LEGAL INFIRMITY. AFTER ANALYZING THE VARIOUS PROVISIONS OF THE ACTS AND THE CIRCULARS (ISSUED BY THE RBI AND CBDT) THEY HAVE HELD THAT 5 ITA NO. 400/NAG/2013 ASSESSEES WERE NOT A CO - OPERATIVE BANKS AS ENVISAGED BY THE AOS IN THEIR ASSESSMENT ORDERS. IN OUR CONSIDERED OPINION, ASSESSEE C OOPERATIVE SOCIETIES CANNOT BE DEPRIVED OF THE BENEFIT S OF DEDUCTION AVAILABLE AS PER THE PROVISIONS OF SECTION 80P(2)(A) OF THE ACT BY INVOKING THE PROVISIONS OF SECTION 80P(4) OF THE ACT, AS DONE BY THE AOS. WE FULLY AGREE WITH THE IS AS THAT THE APPELLANTS ARE CREDIT CO - OPERATIVE SOCIETIES AND NOT CO - OPERATIVE BANKS AND THEREFORE THEY ARE ENTITLED TO CLAIM DEDUCTION AVAILABLE UNDER CHAPTER VI - A OF THE ACT. AS POINTED OUT BY THE ARS OF THE ASSESSEE, WE HAVE PASSED SIMILAR ORDER IN THE CASE OF MEDICAL COLLEGE HOSPITAL EMPLOYEES CREDIT CO - OP. SOCIETY L TD. (SUPRA). FOLLOWING OUR OWN SAID ORDER, WE DECIDE THE ALL THE GROUNDS OF APPEALS AGAINST THE AOS. 4.1 HOWEVER, REST OF THE GROUNDS WERE DISMISSED. 5. AFTER HEARING THE SUBMISSIONS OF BOTH THE SIDES, A PRELIMINARY QUESTION IS THAT IN A SITUATION WHEN THE ACTIVITY OF THE ASSESSEE IS QUALIFIED FOR DEDUCTION UNDER SECTION 80P(2)(A)(I) THEN WHETHER THE PROVISION FOR NPA AND THE COMMISSION RECEIVED OF COLLECTION OF ELECTRICITY BILL ETC. WAS TAXABLE IN THE HANDS OF THE ASSESSEE ? FROM THE ORDERS OF THE AUTHO RITIES BELOW, WE HAVE NOT FOUND ANY COGENT ANSWER. IN A NUMBER DECISIONS BY THIS TRIBUNAL OF NAGPUR BENCH, THE ISSUE OF CLAIM OF DEDUCTION UNDER SECTION 80P HAS BEEN DECIDED AND FOR READY REFERENCE FEW OF THEM ARE MENTIONED BELOW : 1) ITA NO. 393/NAG/2 013 & C.O.NO. 23/NAG/2013 DATED 5 TH JUNE, 2015 IN THE CASE OF ITO V/S. VISHAL NAGRI SAHAKARI SANSTHA LTD. RELEVANT PORTION REPRODUCED BELOW : 2.1 APART FROM DECISION PRONOUNCED BY RESPECTED CO - ORDINATE BENCH NAGPUR IN ASSESSEE'S OWN CASE, WE HAVE ALSO BEEN INFORMED THAT IN THE BUNCH OF CASES ITAT 'E' BENCH, NAGPUR VIDE AN ORDER DATED 1ST FEBRUARY, 2013 OF CASES OF ITAT 'E' BENCH, (AT SERIAL NO. 1, VIDE ITA NO. 68/NAG/2012 (AY 2008 - 09) IN THE CASE OF ITO VS. M/S SH REE GOPALAKRISHNA URBAN CREDIT CO - OPERATIVE SOCIETY MARYADIT, NAGPUR) & OTHERS, WHEREIN E - BENCH OF NAGPUR TRIBUNAL, WHILE 6 ITA NO. 400/NAG/2013 GRANTING THE BENEFIT OF DEDUCTION IN FAVOUR OF THE ASSESSEE AND AGAINST THE REVENUE, HELD AS UNDER: 'WE HAVE HEARD THE RIVAL SUBMIS SIONS AND PERUSED THE ORDERS OF THE REVENUE AUTHORITIES. WE ARE OF THE OPINION THAT ORDERS OF THE FAAS DO NOT SUFFER FROM ANY LEGAL INFIRMITY. AFTER ANALYZING THE VARIOUS PROVISIONS OF THE ACTS AND THE CIRCULARS (ISSUED BY THE RBI AND CBDT) THEY HAVE HELD THAT ASSESSEES WERE NOT A CO - OPERATIVE BANKS AS ENVISAGED BY THE AOS IN THEIR ASSESSMENT ORDERS. IN OUR CONSIDERED OPINION, ASSESSEE CO - OPERATIVE SOCIETIES CANNOT BE DEPRIVED OF THE BENEFITS OF DEDUCTIONS AVAILABLE AS PER THE PROVISIONS OF SECTION 80P(2)(A ) OF THE ACT BY INVOKING THE PROVISIONS OF SECTION 80P(4) OF THE ACT, AS DONE BY THE AOS. WE FULLY AGREE WITH THE F'AAS THAT THE APPELLANTS ARE CREDIT CO - OPERATIVE SOCIETIES AND NOT CO - OPERATIVE BANKS AND THEREFORE THEY ARE ENTITLED TO CLAIM DEDUCTION AVA ILABLE UNDER CHAPTER VI - A OF THE ACT. AS POINTED OUT BY THE ARS OF THE ASSESSEES, WE HAVE PASSED SIMILAR ORDER IN THE CASE OF MEDICAL COLLEGE HOSPITAL EMPLOYEES CREDIT CO - OP. SOCIETY LTD., (SUPRA). FOLLOWING OUR OWN SAID ORDER, WE DECIDE THE ALL THE GROUND S OF APPEALS AGAINST THE AOS'. AND, THEREFORE, UNDER THE TOTALITY OF THE FACTS AND CIRCUMSTANCES OF THE CASE, AS ALSO RESPECTFULLY FOLLOWING THE PRECEDENTS HEREINABOVE, WE FIND NO FORCE IN THIS GROUND OF THE REVENUE HENCE, DISMISSED. 2) ITA NO. 391/ NAG/2013 & ITA NO. 397/NAG/2013 DATED 27 - 05 - 2015 IN THE CASE OF ITO V/S. M/S BLACK DIAMOND KARMACHARI CREDIT CO - OP. SOCIETY. 2. UPON HEARING LEARNED DEPARTMENTAL REPRESENTATIVE AND THE MANAGER OF THE SOCIETY, WE FIND THAT ITAT NAGPUR BENCH IN ASSESSEE S OWN CASE IN ITA NO. 156/NAG/2012 FOR ASSESSMENT YEAR 2009 - 10 VIDE ORDER DATED 06.02.2013 HAS DECIDED THE ISSUE IN FAVOUR OF THE ASSESSEE BY HOLDING AS UNDER: WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE ORDERS OF THE REVENUE AUTHORITIES. WE ARE OF THE OPINION THAT ORDERS OF THE FAAS DO NOT SUFFER FROM ANY LEGAL INFIRMITY. AFTER ANALYZING THE VARIOUS PROVISIONS OF THE ACTS AND THE CIRCULARS (ISSUED BY THE RBI AND CBDT) THEY HAVE HELD THAT ASSESSEES WERE NOT A CO - OPERATIVE BANKS AS ENVISAGED BY TH E AOS IN THEIR ASSESSMENT ORDERS. IN OUR CONSIDERED OPINION, ASSESSEE CO - OPERATIVE SOCIETIES CANNOT BE DEPRIVED OF THE BENEFITS OF DEDUCTION AVAILABLE AS PER 7 ITA NO. 400/NAG/2013 THE PROVISIONS OF SECTION 80P(2)(A) OF THE ACT BY INVOKING THE PROVISIONS OF SECTION 80P(4) OF TH E ACT, AS DONE BY THE AOS. WE FULLY AGREE WITH THE FAAS THAT THE APPELLANTS ARE CREDIT CO - OPERATIVE SOCIETIES AND NOT CO - OPERATIVE BANKS AND THEREFORE THEY ARE ENTITLED TO CLAIM DEDUCTION AVAILABLE UNDER CHAPTER VI - A OF THE ACT. AS POINTED OUT BY THE ARS OF THE ASSESSEE, WE HAVE PASSED SIMILAR ORDER IN THE CASE OF MEDICAL COLLEGE HOSPITAL EMPLOYEES CREDIT CO. - OP. SOCIETY LTD., (SUPRA). FOLLOWING OUR OWN SAID ORDER, WE DECIDE THE ALL THE GROUNDS OF APPEALS AGAINST THE AOS. 3. SINCE THE ISSUE IS COVERED IN FAVOUR OF THE ASSESSEE BY THE ITATS DECISION IN ASSESSEES OWN CASE, WE UPHOLD THE ORDER OF LEARNED CIT(A). 3) ITA NOS. 357/NAG/2012, 359/NAG/2013, 361/NAG/2013 & 371/NAG/2013 DATED 27 - 05 - 2015 IN THE CASE OF ITO V/S. Z.P. PRIMARY TEACHE RS CREDIT CO - OP. SOCIETY LTD. AND OTHERS. 7. NOW, WE FIND THAT IT IS UNDISPUTED, THAT THESE CO - OPERATIVE SOCIETIES ARE ENGAGED IN PROVIDING CREDIT FACILITIES TO ITS MEMBERS. IT IS NOT AT ALL THE CASE THAT THEY ARE PROVIDING SERVICES OR FACILITIES TO T HE PUBLIC AT LARGE. THE DECISION REFERRED BY THE LD. DR IN THE CASE OF 144 CTR 240, IS THE JUDGMENT OF HONBLE MADRAS HIGH COURT AND SAME WAS DELIVERED IN THE CONTEXT OF EXGIBILITY TO INTEREST TAX ACT. IN OUR CONSIDERED OPINION, THE FACTS OF THE CASE AN D RATIO EMANATING THEREFROM ARE NOT AT ALL APPLICABLE TO THE FACTS OF THE CASE. WE NOTE THAT NAGPUR TRIBUNAL ITSELF HAS DECIDED THE ISSUE IN FAVOUR OF THE ASSESSES IN BATCH OF GROUP OF CASES BY ORDER DATED 1 ST FEBRUARY, 2013, WHICH INCLUDED ONE OF THE ASSESSEES M/S INDER COLOUR CREDIT CO - OP. SOCIETY. TWO OF THE CASES IN THE SAID CASE ALSO TRAVELLED TO THE HONBLE JURISDICTIONAL HIGH COURT. BY THE ORDER DATED 26 TH SEPTEMBER, 2013 IN ITA NO. 59 & 60 OF 2013. THE HONBLE JURISDICTIONAL HIGH COURT HAS D ISMISSED THE REVENUES APPEAL IN THIS REGARD. 8. IN THE AFORESAID BACKGROUND OF DISCUSSION AND PRECEDENT, IN OUR CONSIDERED OPINION, THERE IS NO INFIRMITY IN THE ORDER OF LD. CIT(A). ACCORDINGLY, WE UPHOLD THE SAME. 6 . IN THE LIGHT OF THE SAID BACKGROUND, WE ARE OF THE VIEW THAT THE MATTER SHOULD GO BACK TO THE FILE OF THE ASSESSING OFFICER TO FIRST DECIDE THE NATURE OF ACTIVITY OF THE ASSESSEE THAT WHETHER IT WAS CONFINED TO THE MEMBERS OF THE COOPERATIVE SOCIETY OR NOT. ONLY THEREAFTER THE DECISION OF CIT V/S. AHMEDNAGAR DISTRICT CENTRAL CO - 8 ITA NO. 400/NAG/2013 OPERATIVE BANK 264 ITR 38 (BOM.) AS SOUGHT BY LEARNED A.R., MR. V.V. SARANJAME, SHALL BE APPLIED. THE ASSESSING OFFICER SHALL EXAMINE THE FACTS OF THIS CASE IN THE LIGHT OF THE DECISION OF HONBLE GUJARAT HIGH COURT PRONOUNCED IN THE CASE OF JAFRI MOM I N VIKAS C O - OPERATIVE CREDIT SOCIETY 100 DTR 421 (GUJ.). IN THE FITNESS OF CIRCUMSTANCES, AS ALSO CONSIDERING THE TOTALITY OF THE CIRCUMSTANCES OF THE CASE, WE ARE OF THE CONSIDERED OPINION THAT THE ISSUE AS RAISED IN THE GROUNDS OF APPEAL ARE YE T TO BE EXAMINED BY THE ASSESSING OFFICER AFTER ASCERTAINING THE NATURE OF THE ACTIVITY CARRIED OUT BY THIS ASSESSEE. SINCE THE MATTER HAS BEEN RESTORED BACK TO THE FILE OF THE ASSESSING OFFICER FOR DENOVO ADJUDICATION, THEREFORE, THE GROUNDS RAISED BY THE ASSESSEE MAY BE TREATED AS ALLOWED BUT FOR STATISTICAL PURPOSES. 6. IN THE RESULT, ASSESSEES APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 10 TH DAY OF JULY, 2015. SD / - SD/ - ( SHAMIM YAHYA) (MUKUL K. SHRAWAT) ACCOUNTANT MEMBER. JUDICIAL MEMBER NAGPUR, DATED: 10 TH JULY, 2015. COPY OF ORDER FORWARDED TO : 1. THE ASSESSEE. 2. REVENUE. 3. THE CIT(A) 4. THE CIT, NAGPUR. 5. THE D.R., ITAT, NAGPUR. 6. GUARD FILE. TRUE COPY. BY ORDER WAKODE ASSISTANT REGISTRAR, ITAT, NAGPUR
