M/s Jhalani Steel Tubular Poles, Bhubaneswar V. ITO, Bhubaneswar

ITA 498/CTK/2011

• Counselvise Citation: 49822114 RSA 2011
• Duration Of Justice: 3 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-03-2012
• Appeal Filed By: Assessee
• Bench Allotted: DB
• Next Hearing Date: 15-02-2012
• Assessment Year: 2007-2008
• Appeal Filed On: 09-12-2011
• Court: TRIBUNAL
• Department Lawyers: PARAMITA TRIPATHY
• Assessee Lawyers: B PANDA
• Keywords: Business income; Assessment record
• Section: 68; 144; 133A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE : SHRI K.K.GUPTA, AM, AND SHRI K.S.S.PRASAD RAO, JM ITA NO. 498/CTK/2011 (ASSESSMENT YEAR 2007 - 08) M/S. JALANI STEEL TUBULAR POLES, S - 3/67, SECTOR A, ZONE B, MANCHESWAR INDUSIAL ESTAT E, BHUBANESWAR PAN: AAEEJ 6726 E VERSUS INCOME - TAX OFFICER, WARD 2(2), BHUBANESWAR. (APPELLANT) (RESPONDENT) FOR THE APPELLANT: SHRI B.PANDA, AR FOR THE RESPONDENT SMT. PARAMITA TRIPATHY, DR DATE OF HEARING : 15.02.2012 DATE OF PRONOU NCEMENT : 14.03.2012 ORDER SHRI K.S.S.PRASAD RAO, JM : THIS APPEAL IS FILED BY THE ASSESSEE HAVING BEEN AGGRIEVED BY THE ORDER OF THE COMMISSIONER OF INCOME - TAX (APPEALS) DT.3.10.2011 FOR THE ASSESSMENT YEAR 2007 - 08 IN THE CASE OF THE ASSESSEE. 2. THE ASSESSEE H AS RAISED THE FOLLOWING ISSUES IN ITS GROUNDS OF APPEAL. 1. THE ASSESSMENT SHOULD NOT HAVE BEEN COMPLETED U/S.144 OF THE I.T.ACT INSPITE OF THE ASSESSEE HAD COMPLIED THE ORDERS OF THE DEPARTMENT ALL ALONG AND DIRECTION MADE AND APPEARANCE AS PER THE REQU IREMENTS OF THE DEPARTMENT AND THEREBY INVOKING PROVISIONS OF SECTION 144 OF THE I.T.ACT AND DISALLOWING THE SALARY AND INTEREST TO PARTNE 2. FOR THAT THE BOOKS OF ACCOUNTS HAVING BEEN KEPT UNDER THE CUSTODY OF THE DEPARTMENT ON SURVEY OPERATION U/S 133(A ) OF THE I.T.ACT ON 21.12.2009, HENCE THE ASSESSING OFFICER SHOULD NOT HAVE PASSED U/S.144 INSTEAD THE ASSESSMENT ORDER SHOULD HAVE BEEN PASSED U/S.143(3). 3. THE LEARNED CIT(A) HAVING OBSERVED THAT THE REMAND REPORT OF THE I .T.O. ON SUNDRY CREDITORS FOU ND TO BE CONFUSING ONE AND HENCE, THE ADDITIONS MADE BY THE ASSESSING OFFICER AT THE TIME OF ASSESSMENT FOR THE AMOUNT OF 93,47,937.83 COULD HAVE BEEN DELETED MORE T HE ENTIRE AMOUNT OF ADDITIONS HAVING BEEN EXPLAINED BY THE ASSESSEE. ITA NO.498/CTK/2011 2 4. THE ASSESSEE MAINTAINED THE BOOKS OF ACCOUNTS BUT FAILED TO PRODUCE THE SAME AS THEY WERE UNDER THE CUSTODY OF THE DEPARTMENT HAVING BEEN S EIZED IN SURVEY OPERATION CONDUCTED U/S.133A OF THE I.T.ACT. IN THAT VIEW OF THE MATTER, THE REJECTION OF BOOKS OF ACCOUNT MAINTAINED BY THE ASSESSEE WITHOUT VERIFICATION OF THE ACCOUNTS AND ESTIMATION OF NET PROFIT @8% ON THE SALE OF 2,70,52,851 THAT TO O WITHOUT ALLOWING DEDUCTION OF SALARY AND INTEREST TO THE PARTNER IS IMPROPER AND LIABLE TO BE DELETED AS THE NET PROFIT IS EXCESSIVELY HIGH. 3. BOTH THE PARTIES WERE HEARD REGARDING THE ISSUES RAISED IN THE RESPECTIVE APPEALS AND THEIR LEGAL IMPLICATIO NS. 4. ON CAREFUL CONSIDERATION OF THE MATERIAL MADE AVAILABLE TO THE TRIBUNAL AND ANALYZING THE SAME IN THE LIGHT OF THE SUBMISSIONS OF BOTH THE PARTIES, THE UNDISPUTED FACTS RELATING TO THE ISSUES ARE THAT THE ASSESSEE IS A FIRM AND DERIVES INCOME FROM T RADING IN PVC AND STEEL PIPES & POLES IN THE NAME AND STYLE OF M/S.JHALANI STEEL TUBULAR POLES. THE ASSESSEE HAS FILED ITS RETURN OF INCOME ON 26.10.2007 SHOWING INCOME AT NIL FOR THE PERIOD UNDER CONSIDERATION. THE CASE WAS TAKEN UP FOR SCRUTINY ASSESSMEN T BY ISSUING NECESSARY STATUTORY NOTICES U/SS. 143(2) AND 142(1). IN RESPONSE TO THE SAID NOTICES, THE ASSESSEES AR HAS ATTENDED THE CASE FROM TIME TO TIME TILL IT WAS LASTLY FIXED TO 22.12.2009. MEANWHILE ON 28.12.2009 A SURVEY ACTION WAS UNDERTAKEN U/S. 133A OF THE I.T.ACT AND THEREAFTER THE ASSESSMENT WAS COMPLETED ON 31.12.2009 U/S.144 OF THE I.T.ACT WITHOUT RECORDING THE COMPLIANCE SUBMITTED BY THE ASSESSEE ON 30.12.2009. THE ASSESSING OFFICER HAS PASSED THE ASSESSMENT ORDER BY MAKING ADDITIONS ON ACCO UNT OF BOGUS SUNDRY CREDITORS OF 93,47,937.83, ON ACCOUNT OF BOGUS CAPITAL INTRODUCTION OF 21,00,000, DISALLOWANCE OF SALARY AND INTEREST TO PARTNERS AND DETERMINED THE NET PROFIT AT 21,64,228 @ 8% ON THE SALES. HAVING BEEN AGGRIEVED BY THIS ASSESSMENT ORDER, THE ASSESSEE WENT IN APPEAL BEFORE THE CIT(A) AND THE ITA NO.498/CTK/2011 3 LEARNED CIT(A) AFTER HEARING THE ASSESSEE AND GOING THROUGH THE ASSESSMENT RECORDS AND OBTAINING THE REMAND REPORT OF THE ASSESSING OFFICER HAS DELETED THE ADDITION ON ACCOUNT OF BOGUS CAPITAL IN TRODUCTION OF 21,00,000 , WHEREAS CONFIRMED THE ADDITION ON ACCOUNT OF SUNDRY DEBTORS AND ESTIMATED PROFIT BY DISALLOWING THE SALARY AND INTEREST PAID TO THE PARTNE HENCE, THE PRESENT APPEAL IS FILED BY THE ASSESSEE BEFORE THE TRIBUNAL. 5. DURING THE COURSE OF HEARING , THE LEARNED AR OF THE ASSESSEE HAS CONTENDED THAT THE ADDITION ON ACCOUNT OF SUNDRY CREDITORS MADE BY THE ASSESSING OFFICER AND CONFIRMED BY THE LEARNED CIT(A) EVEN AFTER GETTING THE REMAND REPORT FROM THE ASSESSING OFFICER IS INCORRECT INSOFAR AS 35,7 3,955.07 OUT OF THE TOTAL LIABILITIES BELONG TO NINE SUPPLIERS WHICH WERE CONSIDERED BY THE ASSESSING OFFICER ON THE BASIS OF THE CONFIRMATION LETTE THE ASSESSING OFFICERS REMARKS IN THE REMAND REPORT, IT IS SPECIFICALLY MENTIONED THAT TAKING INTO CONSID ERATION OF THE CLAIM OF THE ASSESSEE FIRM VIS - - VIS THE CONFIRMATION LETTERS, NON - RECEIPT OF CONFIRMATION LETTERS FROM OTHER PARTIES IT IS SEEN THAT OUT OF SUNDRY CREDITORS LIABILITY FOR 61,68,377 IN THE CASE OF 13 CREDITORS CONFIRMATION AMOUNTING TO 35,73,955.07 IS ESTABLISHED. THE OTHER B ALANCE OF SUNDRY CREDITOR M/S.SK IPPERS STEELS LTD., KOLKATA AT 25,34,638.40 PAISE AS ON 31.3.2007 ARE BANK TRANSACTIONS MADE THROUGH ORIENTAL BANK OF COMMERCE, KOLKATA RECONCILED IN THE BOOKS OF ACCOUNTS OF THE ASS ESSEE ON 2.4.2007 AS STATED IN THE REM AND REPORT AT P.3 THUS STATED TO THE EFFECT THAT THEIR BOOKS OF ACCOUNTS SHOWS A CREDIT AMOUNT 25,34,632 AS ON 31.3.2007 SINCE THE AMOUNT OF 12,05,153 AND 13,29,479 WERE PAID BY BANK THROUGH LC BUT NOT ACCOUNTED F OR IN THEIR BO OKS OF ACCOUNTS AS ON 31.3.2007 AND AS SUCH THE ADDIT IO N IS LIABLE TO BE DELETED. THE AMOUNT OF 31 ,79,540.70 RELATED TO FIVE SUPPLIERS OUT OF WHICH 30,51,371.37 WERE OPENING BALANCE DIFFERENCES AND NOT RELATED TO THE ITA NO.498/CTK/2011 4 RELEVANT ASSESSMENT Y EAR 2007 - 08 BUT RELATED TO THE EARLIER PERIODS. THE SUNDRY CREDITORS AMOUNTING TO 1,28,169.39 WERE THE BANK TRANSACTIONS AS ERROR AMOUNT FOUND IN POSTING MADE IN THE LEDGER ACCOUNT OF RELIANCE INDUSTRIES INSTEAD OF M/S. GOPAL & CO. , WHO IS THE STOCK BROK ER OF M/S. RELIANCE INDUSTRIES. HENCE, THE ADDITION WAS MADE WHIMSICALLY WITHOUT CONFRONTING THE ISSUE. THE REMAND REPORT AT PAGE 5 IS HAVING THE NECESSARY DETAILS. T HE ADDITION OF 21,64,228 BEING THE ESTIMATION OF PROFIT @ 8% ON THE WHOLESALE TRANSACTIO NS PVC AND STEEL PIPES ETC. , IS EXCESSIVE HAVING NO BASIS AND THE ASSESSEE ITSELF HAD SHOWN PROFIT IN THE YEAR UNDER CONSIDERATION AT 2,30,622 BEFORE SALARY TO PARTNER AGAINST THE TOTAL SALES OFRS.2,70,52,851 WHICH COMES TO 0.85%. FOR THE PREVIOUS PERIOD S, NAMELY 2005 - 06 AND 206 - 07, THE ASSESSEE HAS OFFERED PROFIT @0.085 AND 0.081% RESPECTIVELY AND THEY WERE ACCEPTED BY THE DEPARTMENT. THEREFORE, FIXING THE PERCENTAGE OF 8% ON SALES AS PROFIT TAXABLE IN THE HANDS OF THE ASSESSEE MADE BY THE LOWER AUTHORIT IES IS WHIMSICAL AND EXCESSIVE AND HENCE, LIABLE TO BE DELETED. HE FURTHER SUBMITTED THAT THE ADDITION OF 03,47,937 MADE BY THE ASSESSING OFFICER INVOKING SECTION 68 OF THE I.T.ACT IS NOT SUSTAINABLE AS THE ASSESSING OFFICER HAS ESTIMATED THE PROFIT RATE WITHOUT RELYING ON THE BOOKS OF ACCOUNT. THE LEARNED AR OF THE ASSESSEE FURTHER SUBMITTED THAT THE ASSESS EE BEING PARTNERSHIP FIRM IT HAS TO BE ALLOWED SALARY AND INTEREST PAID TO THE PARTNERS MORE SO AS THE ASSESSEE ITSELF HAS APPEARED THROUGH ITS REPRESENTATIVE AND PARTICIPATED IN THE ASSESSMENT PROCEEDINGS . THEREFORE, THE DISALLOWANCE OF SALARY AND INTERES T PAID TO THE PARTNER BY INVOKING SECTION 184(5) OF THE I.T.ACT IS NOT SUSTAINABLE FOR LEGAL SCRUTINY. 6. CONTRARY TO THIS, THE LEARNED DR HAS VEHEMENTLY ARGUED SUPPORTING THE ORDERS PASSED BY THE LEARNED CIT(A) CONTENDING INTERALIA THAT THE ASSESSEE THOU GH PARTICIPATED IN THE ASSESSMENT PROCEEDINGS HAS NOT FURNISHED THE ITA NO.498/CTK/2011 5 REQUIRED DETAILS AS PER THE NOTICES ISSUED BY THE ASSESSING OFFICER TO IT AND DURING THE SURVEY OPERATION IT IS FOUND THAT THE ASSESSEE IS MAINTAINING TWO SETS OF ACCOUNTS AND AT THE SAME TIME THE REPORT FILED BY THE ASSESSEE U/S.44AB HAS NOT ESTABLISHED BY PRODUCING THE RELEVANT SET OF BOOKS OF ACCOUNT BASING ON WHICH THE REPORT WAS ISSUED BY THE CHARTERED ACCOUNTANT. HENCE, THE ACTION OF THE ASSESSING OFFICER INVOKING THE PROVISIONS U/S. 144 IS VERY MUCH RIGHT AND WHEN THE ASSESSING OFFICER HAS INVOKED THE PROVISIONS U/S.144 OF THE I.T.ACT, THE SALARY AND INTEREST PAID TO THE PARTNER HAS RIGHTLY BEEN DISALLOWED AS CONTAINED IN THE PROVISIONS OF SECTION 184(5). HENCE, UNDER THESE FACTS AND CIRCUMSTANCES OF THE CASE, THE ACTION OF THE ASSESSING OFFICER MAKING THE ADDITION ON ACCOUNT OF SUNDRY CREDITORS AND RESORTING TO ESTIMATE THE PROFIT TAXABLE IN THE HANDS OF THE ASSESSEE IS VERY MUCH RIGHT AND THEREFORE, HE SOUGHT FOR UPHOLDING THE SAME B Y DISMISSING THE APPEAL OF THE ASSESSEE. 7. ON CAREFUL ANALYSIS OF THE IMPUGNED ORDER PASSED BY THE LEARNED CIT(A), IT IS FOUND THAT AS PER THE REMAND REPORT OF THE ASSESSING OFFICER, THE DIFFEREN CE THAT WERE MADE OUT BY THE ASSESSING OFFICER ON WHICH THE A DDITION OF 93,47,937 IS ADDED BY THE ASSESSING OFFICER IS CLEARLY ADMITTED BYTHE ASSESSING OFFICER IN THE REMAND REPORT SUBMITTED TO THE LEARNED CIT(A) WHEREIN IT IS SPECIFICALLY AND CATEGORICALLY EXPLAINED THAT LIABILITIES AMOUNTING TO 35,73,955.07 IS ESTABLISHED AND AS PER THE REMAND REPORT AT PAGE 3 IT WAS FOUND BY THE ASSESSING OFFICER THAT THE BOOKS OF ACCOUNT SHOWS A CREDIT AMOUNT OF RS.25,34,638.40 AS ON31.3.2007 IN THE CASE OF M/S.SKIPPERS STEELS LTD., KOLKATA AND THE AMOUNT OF 12,05,153 AND 13,29,479 WERE PAID BY BANK THROUGH LC AND THEY WERE NOT ACCOUNTED FOR IN THE BOOKS OF ACCOUNT BY THE ASSESSEE AS ON 31.3.2007. ACCORDINGLY , AS THESE ARE BANK TRANSACTIONS WHICH ARE ALREADY RECONCILED IN THE BOOKS OF ACCOUNT OF THE ASSESSEE IT DOES ITA NO.498/CTK/2011 6 NOT AFF ECT THE INCOME OF THE ASSESSEE AND HENCE, IT IS LIABLE TO BE DELETED FROM THE ADDITION MADE. WITH REGARD TO SUNDRY CREDITORS AMOUNTING TO 31,79,540.70 RELATING TO FIVE SUPPLIERS, A SUM OF 30,51,371./37 WAS THE OPENING BA LANCE DIFFERENCES AND THEY ARE NOT RELATED TO THE PRESENT YEAR UNDER CONSIDERATION. THE SUM OF 1,28,169.39 WAS FOUND TO BE BANK TRANSACTIONS AS WRONG POSTING MADE IN THE LEDGER ACCOUNT OF THE ASSESSEE IN THE NAME OF RELIANCE INDUSTRIES INSTEAD OF M/S.GOP AL & CO., AS CAN BE SEEN FROM THE REMAND REPORT AT PAGE 5. UNDER THESE CIRCUMSTANCES, WE ARE OF THE CONSIDERED VIEW THAT THE ADDITION MADE BY THE ASSESSING OFFICER AND CONFIRMED BY THE LEARNED CIT(A)ON ACCOUNT OF SUNDRY CREDITORS IS NOT SUSTAINABLE FOR LEG AL SCRUTINY AND IT IS HEREBY DELETED. ANOTHER ANGLE OF THE CONTENTION OF THE ASSESSEE THAT WHEN THE ASSESSING OFFICER HAS RESORTED TO INVOKE SECTION144 OF THE I.T.ACT AND ESTIMATED THE PROFIT TO BE TAXED IN THE HANDS OF THE ASSESSEE IGNORING THE BOOKS OF ACCOUNT OF THE ASSESSEE, WHICH WERE SEIZED DURING THE SURVEY OPERATION CONDUCTED BY THE DEPARTMENT, THE ADDITION MADE BY THE ASSESSING OFFICER AND CONFIRMED BY THE LEARNED CIT(A) IS NOT SUSTAINABLE FOR LEGAL SCRUTINY IN THE LIGHT OF THE DECISION IN THE CAS E OF INDWELL CONSTRUCTIONS V. CIT (232 ITR 776). WHEREIN IT IS HELD THAT THE BOOK OF ACCOUNT HAVING BEEN REJECTED AND THE INCOME IS ASSESSED ON ESTIMATE BASIS, THE DEPARTMENT COULD NOT RELY ON THE VERY SAME BOOKS OF ACCOUNT FOR MAKING THE ADDITIONS. IN TH IS VIEW OF THE MATTER ALSO, THE SAID ADDITION IS NOT SUSTAINABLE FOR LEGAL SCRUTINY. 8. NOW COMING TO THE OTHER ISSUE OF INVOKING SECTION 144 OF THE I.T.ACT AN ESTIMATING THE PROFIT TAXABLE IN THE HANDS OF THE ASSESSEE, IT IS UNDISPUTEDLY FOUND THAT THERE WAS A SURVEY OPERATION CONDUCTED BY THE DEPARTMENT IN THE BUSINESS PREMISES OF THE ASSESSEE AND THE BOOKS OF ACCOUNT WERE SEIZED. BUT AT THE SAME TIME, THE ASSESSING OFFICER IS REQUIRING THE ASSESSEE TO PRODUCE ITA NO.498/CTK/2011 7 THE BOOKS OF ACCOUNT AND RECORDS TO ESTABLISH ITS CLAIMS MADE IN THE RETURN. SINCE THE BOOKS OF ACCOUNT ARE SEIZED BY THE DEPARTMENT ITSELF DURING THE SURVEY OPERATION, THE ASSESSEE IS NOT ABLE TO PRODUCE THEM BEFORE THE DEPARTMENT. UNDER THESE CIRCUMSTANCES, THE ASSESSEE CANNOT BE SAID THAT IT HAS NOT SUBMITTED THE DETAILS REQUIRED BY THE ASSESSING OFFICER, IT IS IN A WAY RATHER DISABLE FROM SUBMITTING THE BOOKS OF ACCOUNT AS THE SAME WERE WITH THE DEPARTMENT ONLY HAVING BEEN SEIZED DURING THE SURVEY OPERATION U/S.133A OF THE I.T.ACT. IN THIS VIEW O F THE MATTER, THE ACTION OF THE ASSESSING OFFICER IN INVOKING THE PROVISIONS OF SECTION 144 OF THE I.T.ACT IS INCORRECT, MORE SO THE DEPARTMENT IS NOT ABLE TO DENY THE FACT THAT THE BOOKS OF ACCOUNT WERE SEIZED BY THE DEPARTMENT DURING THE SURVEY OPERATION . ACCORDINGLY CONSEQUENTIAL APPLICATION OF SECTION 184(5) IN DENYING THE SALARY AND INTEREST PAID TO PARTNER S IS NOT SUSTAINABLE FOR LEGAL SCRUTINY. HENCE, WE DIRECT THE ASSESSING OFFICER TO ALLOW THE SALARY AND INTEREST PAID TO PARTNER WHILE ARRIVING AT TH E PROFITS TAXABLE IN THE HANDS OF THE ASSESSEE. 9. NOW ADVERTING TO THE ASPECT OF ESTIMATION OF PROFIT RESORTED TO BY THE ASSESSING OFFICER , IT IS FOUND THAT AS STATED SUPRA, THERE IS A SURVEY OPERATION CONDUCTED BY THE DEPARTMENT IN THE BUSINESS PREMISES OF THE ASSESSEE AND DURING THE COURSE OF SUCH SURVEY THE ASSESSEES BOOKS OF ACCOUNT WERE SEIZED AND THEY WERE LYING WITH THE DEPARTMENT AND THAT IS WHY THE ASSESSEE WAS NOT ABLE TO PRODUCE THEM TO SUPPORT ITS CLAIMS MADE IN THE RETURN AND THAT ONLY MADE THE ASSESSING OFFICER TO INVOKE THE PROVISIONS OF SECTION 144 OF THE I.T.ACT. BUT THE ASSESSING OFFICER WHILE INVOKING THE PROVISIONS OF SECTION 144 OF THE I.T.ACT IN PASSING THE BEST JUDGMENT, THE ASSESSING OFFICER MUST TAKE INTO CONSIDERATION THE RATE O F PROFIT MADE BY THE ASSESSEE IN THE PAST YEARS. THE ASSESSEE MADE OUT BEFORE THE TRIBUNAL THAT IT HAS RETURNED PROFIT @ 0.085% FOR THE ASSESSMENT YEAR 2005 - 06 AND @0.081% FOR THE ITA NO.498/CTK/2011 8 ASSESSMENT YEAR 2006 - 07 WHICH ARE IMMEDIATELY PRECEDING AYS AND THIS WAS NOT CONTROVERTED BY THE DEPARTMENT. UNDER THESE FACTS AND CIRCUMSTANCES OF THE CASE, THE AOS ACTION IN FIXING @8% OF THE SALES AS ESTIMATED PROFIT FOR TAXATION IN THE HANDS OF THE ASSESSEE IS NOT SUSTAINABLE FOR LEGAL SCRUTINY AND TAKING INTO CONSIDERING THE SP IRALING OF THE PRICES OF ALL COMMODITIES YEAR BY YEAR AND THE PROFIT RATES OF THE ASSESSEE FOR THE IMMEDIATE PREVIOUS YEARS, WE ARE OF THE CONSIDERED VIEW THAT THE PROFIT IN THE CASE OF ASSESSEE CAN BE ESTIMATED ONLY AT 2% WHICH IS MORE THAN DOUBLE THE PERCENTAGE OF THE PROFIT RETURNED BY THE ASSESSEE FOR THE IMMEDIATELY AYS AS STATED SUPRA. ACCORDINGLY, WE DIRECT THE ASSESSING OFFICER TO FIX THE PROFIT RATE AT 2% OF THE SALES REPORTED FOR THE IMPUGNED ASSESSMENT YEAR UNDER CONSIDERATION FOR DETERMINING THE NET PROFIT TAXABLE IN THE HANDS OF THE ASSESSEE AND THEREAFTER HE IS TO GIVE ALLOWANCE THE SALARY AND INTEREST PAID TO THE PARTNER S AS PER LAW. 10. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS PARTLY ALLOWED. S D/ - S D/ - (K.K.GUPTA) ACCOUNTANT MEMBER (K.S.S.PRASAD RAO) JUDICIAL MEMBER DATE: 14.03.2012 H.K.PADHEE, SENIOR PRIVATE SECRETARY. COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT: M/S. JALANI STEEL TUBULAR POLES, S - 3/67, SECTOR A, ZONE B , MANCHESWAR INDUSIAL ESTATE, BHUBANESWAR 2. THE RESPONDENT: INCOME - TAX OFFICER, WARD 2(2), BHUBANESWAR. 3. THE CIT, 4. THE CIT(A), 5. THE DR, CUTTACK 6. GUARD FILE (IN DUPLICATE) TRUE COPY, BY ORDER, SENIOR PRIVATE SECRETARY.