ITO, Mohali V. Sh. Gora Lal, Mohali

ITA 528/CHANDI/2012

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 68393 (ITAT-CHANDIGARH)
• Duration Of Justice: 1 year(s) 2 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-08-2013
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 10-07-2013
• Assessment Year: 2008-2009
• Appeal Filed On: 10-05-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R R THAKUR
• Keywords: Business income
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCHES ACHANDIGARH BEFORE SHRI T.R.SOOD, ACCOUNTANT MEMBER AND MS SUSHMA CHOWLA, JUDICIAL MEMBER ITA NO. 655/CHD/2012 ASSESSMENT YEAR:2008-09 SHRI GORA LAL, VS THE INCOME TAX OFFICER, H.NO. 16,GALI NO.5, WARD 6 ( 4 ), PUNJABI BAGH, MOHALI. DERA BASSI, DISTT. MOHALI. PAN NO. ABLPL-8361M & ITA NO. 528/CHD/2012 ASSESSMENT YEAR : 2008-09 THE INCOME TAX OFFICER, VS SHRI GORA LAL, WARD 6 ( 4 ), H.NO. 16,GALI NO.5, MOHALI. PUNJABI BAGH, DERA BASSI, DISTT. MOHALI. & ITA NO. 656/CHD/2012 ASSESSMENT YEAR:2008-09 SMT. KIRAN GARG, VS THE INCOME TAX OFFICER, H.NO. 1312, WARD 6 ( 4 ), NEAR DEEPMALA SCHOOL, MOHALI. NEAR RAM LEELA GROUND, DERA BASSI, MOHALI. PAN NO. AFWPG-7489Q & ITA NO. 529/CHD/2012 ASSESSMENT YEAR : 2008-09 THE INCOME TAX OFFICER, VS SMT. KIRAN GARG, WARD 6 ( 4 ), HOUSE NO. 312, MOHALI. NEAR DEEPMALA SCHOOL, NEAR RAM LEELA GROUND, DERA BASSI, MOHALI. (APPELLANT) (RESPONDENT) 2 ASSESSEE BY : SHRI R.R.THAKUR RESPONDENT BY : SHRI AKHILE SH GUPTA DATE OF HEARING : 10.07.201 3 DATE OF PRONOUNCEMENT : 02.08.2013 ORDER PER SUSHMA CHOWLA, JM OUT OF THESE TWO CROSS-APPEALS, THE APPEAL IN ITA NOS. 655/CHD/2012 & 528/CHD/2012 ARE FILED BY THE ASSESS EE AND REVENUE AGAINST THE ORDER OF THE CIT(APPEALS) CHANDIGARH DA TED 29.2.2012 RELATING TO ASSESSMENT YEAR 2008-09 AGAINST THE ORDER PASSED UNDER SECTION 143(3) OF THE ACT AND APPEAL IN ITA NOS.656/CHD/2012 & 529/CH D/2012 ARE FILED BY THE WIFE OF ASSESSEE AND REVENUE AGAINST THE ORDER OF THE CIT(APPEALS) CHANDIGARH DATED 29.02.2012 RELATING TO ASSESSMENT YEAR 2008-09 AGAINST THE ORDER PASSED UNDER SECTION 143(3) OF THE INCOME -TAX ACT, 1961 ( 'THE ACT' FOR SHORT). 2. THIS BUNCH OF FOUR APPEALS RELATING TO HUSBAND A ND WIFE ON SIMILAR ISSUE WERE HEARD TOGETHER AND ARE BEING DISPOSED OF BY THIS CONSOLIDATED ORDER FOR THE SAKE OF CONVENIENCE. COMMON GROUNDS OF APPEAL HAVE BEEN RAISED BY THE ASSESSEE AND THE GROUNDS OF APPEAL RA ISED IN ITA NO. 655/CHD/2012 READS AS UNDER: 1. THAT THE LD. COMMISSIONER OF INCOME TAX (APPEALS) H AS ERRED IN DECIDING THE APPEAL OF THE APPELLANT 2. THAT THE LD. COMMISSIONER OF INCOME TAX (APPEAL) HA S WRONGLY ESTIMATED THE SALES AT 40,0000/- AS AGAINST THE AMOUNT DEPOSITED IN THE BANK A/C OF THE APPELLANT AT 35,08,290/-. THE EXCESS SALES ESTIMATED BY THE L D. CIT(A) MAY KINDLY BE DELETED AND REDUCE TO THE AMOUNT DEPOSITED IN THE BANK A/C 3. THAT ANY OTHER GROUND OF APPEAL WHICH MAY BE TAK EN WITH THE APPROVAL OF HONOURABLE COURT AT THE TIME OF HEARING OF THE APPEAL. 3 3. COMMON GROUNDS OF APPEAL HAVE BEEN RAISED BY THE REVENUE IN BOTH THE APPEALS AND THE GROUNDS OF APPEAL IN ITA NO. 52 8/CHD/2012 READ AS UNDER: 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE A ND IN LAW, THE LD. CIT(A) HAS ERRED IN ALLOWING APPEAL OF THE ASSESSEE WITHOUT APPRECIATING THE FACTS OF THE CASE. 2. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN L AW, THE LD. CIT(A) HAS ERRED IN DELETING THE ADDITION MADE BY THE ASSE SSING OFFICER ON ACCOUNT OF UNEXPLAINED CASH DEPOSITS OF RS.35,08,29 0/- IN HER BANK ACCOUNT. 3. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN L AW, THE LD. CIT(A) HAS ERRED IN TREATING THE CASH DEPOSITED BY THE ASS ESSEE IN HER BANK BANK ACCOUNT AS SALES OF SWEETS. 4. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN L AW, THE LD. CIT(A) HAS ERRED IN ESTIMATING THE BUSINESS INCOME OF THE ASSESSEE AT RS.8,40,000/- BY APPLYING RATE OF 21% [I.E. THE G.P . RATE DECLARED BY THE ASSESSEE], ON TOTAL SALES, INCLUDING CASH DEPOS ITED IN HER BANK ACCOUNT. 5. IT IS PRAYED THAT THE ORDER OF THE LD. CIT (A) BE S ET ASIDE AND THAT OF THE ASSESSING OFFICER MAY BE RESTORED. 6. THE APPELLANT CRAVES LEAVE TO ADD OR AMEND ANY GROU NDS OF APPEAL BEFORE THE APPEAL IS HEARD OR DISPOSED OFF. 4. THE FACTS IN BOTH THE CROSS APPEALS ARE IDENTICA L AND WE PROCEED TO DECIDE THE APPEALS AFTER REFERRING TO THE FACTS IN ITA NOS. 655/CHD/2012 & ITA NO. 528/CHD/2012. 5. THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESSE E WAS ENGAGED IN THE BUSINESS OF MANUFACTURE AND SALE OF SWEETS. THE AS SESSEE HAD FILED RETURN OF INCOME DECLARING TOTAL INCOME OF RS.1,11,440/- O N 30.07.2008. THE CASE OF THE ASSESSEE WAS PICKED UP FOR SCRUTINY AND THE ASSESSEE FAILED TO ATTEND THE ASSESSMENT PROCEEDINGS AND THE ASSESSING OFFICE R, THEREAFTER FRAMED THE ASSESSMENT TO THE BEST OF HIS JUDGEMENT. THE A SSESSING OFFICER HAD RECEIVED INFORMATION FROM AIR THAT THE ASSESSEE HAD DEPOSITED RS.35,08,290/- IN HIS SAVING BANK ACCOUNT WITH CENT URIAN BANK OF PUNJAB LTD., SECTOR 35-C, CHANDIGARH. THE INFORMATION WAS SOUGHT FROM THE BANK REGARDING THE CASH DEPOSITS WHICH IN-TURN WERE AUTH ENTICATED BY THE SAID 4 BANK IN WHICH THERE WERE CASH DEPOSITS AGGREGATING RS.35,08,292/-. IN THE ABSENCE OF ANY SATISFACTORY EXPLANATION BEING GIVEN BY THE ASSESSEE AND THE SOURCE OF THE SAID CASH REMAINING UNEXPLAINED, THE SAID AMOUNT WAS TREATED AS INCOME OF THE ASSESSEE AND ADDITION OF RS.35,08, 292/- WAS MADE BY THE ASSESSING OFFICER. 6. THE ASSESSEE FURNISHED WRITTEN SUBMISSIONS BEFOR E THE CIT(APPEALS) WHICH ARE INCORPORATED UNDER PARA 4 OF THE APPELLAT E ORDER, UNDER WHICH THE ASSESSEE CLAIMED THAT HE PREPARED THE SWEETS AT HIS SHOP AND SUPPLIED TO THE VILLAGE SHOPKEEPERS IN FAR OFF PLACES. AS PER THE ASSESSEE, THE PETTY SHOPKEEPERS WHO PURCHASED THE SWEETS FROM THE ASSES SEE, DEPOSITED THE COST OF SWEETS IN HIS BANK ACCOUNT WITH CENTURIAN B ANK OF PUNJAB, CHANDIGARH. IT WAS FURTHER EXPLAINED BY THE ASSESS EE THAT AMOUNT WAS DEPOSITED IN HIS ACCOUNT AND FURTHER WITHDRAWALS WE RE MADE FROM HIS ACCOUNT AND THE BANK ACCOUNT WAS, THUS TRANSACTED B Y DEPOSITING AND WITHDRAWING THE AMOUNT. FURTHER PLEA OF THE ASSESS EE WAS THAT THE DEPOSIT WAS ON ACCOUNT OF THE TURNOVER OF THE ASSESSEE AND THE WITHDRAWAL WAS FOR THE EXPENSES OF MANUFACTURING THE SWEETS. THE ASSE SSEE SUBMITTED THAT NO BOOKS OF ACCOUNT WERE MAINTAINED BY HIM. THE CIT(A PPEALS), ON THE PERUSAL OF THE BANK STATEMENT NOTED THAT THE CREDIT ENTRIES IN THE BANK ACCOUNT WERE FOR THE CASH DEPOSIT IN THE IMPUGNED B ANK ACCOUNT AT DIFFERENT PLACES IN PUNJAB AND HARYANA. ACCEPTING THE PLEA O F THE ASSESSEE, THE CIT(APPEALS) HAS OBSERVED THAT THE CREDITS IN THE B ANK ACCOUNTS WERE IN RESPECT OF SALE OF SWEETS. THE ASSESSEE HAD FILED THE RETURN OF INCOME BY DECLARING HIS INCOME UNDER SECTION 44AF OF THE ACT DECLARING GP RATE OF 21% AT SALES OF RS.530,650/-. THE CIT(APPEALS) EST IMATED THE TOTAL TURNOVER OF THE ASSESSEE AT RS.40 LACS AND APPLYING THE GP RATE OF 21% WORKED OUT THE BUSINESS INCOME AT RS.8,40,000/-. 5 7. THE ASSESSEE IS IN APPEAL AGAINST THE ESTIMATION OF THE SALES AT RS.40 LACS BY THE CIT(APPEALS). THE REVENUE IS IN APPEAL AGAINST THE DELETION OF THE ADDITION MADE ON ACCOUNT OF UNEXPLAINED CASH DE POSIT OF RS.35,08,290/- AND ALSO AGAINST THE ESTIMATION OF BUSINESS INCOME BY APPLYING GP RATE OF 21% ON TOTAL SALES OF RS.40 LACS AND ESTIMATING THE INCOME AT RS.8,40,000/- 8. SHRI R.R.THAKUR APPEARED FOR THE ASSESSEE AND SH RI AKHILESH GUPTA APPEARED FOR THE REVENUE AND PUT FORWARD THEIR CONT ENTIONS. 9. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE RECORD. THE ASSESSEE WAS ENGAGED IN THE BUSINESS OF MANUFACTURI NG AND SALE OF SWEETS FROM SHOP AT DERA BASSI, PUNJAB. DURING THE YEAR UN DER CONSIDERATION, THE ASSESSEE IN THE RETURN OF INCOME HAD DECLARED INCOM E OF RS.1,11,440/-. THE ASSESSEE HAD FILED THE RETURN OF INCOME BY DECLARIN G THE BUSINESS INCOME IN VIEW OF THE PROVISIONS OF SECTION 44AF OF THE ACT. THE TOTAL SALES DECLARED BY THE ASSESSEE WERE RS.530,650/- AND GP RATE OF 21 % WAS APPLIED TO DECLARE INCOME AT RS.1,11,440/-. THE ASSESSING OFF ICER RECEIVED CERTAIN INFORMATION FROM AIR THAT THE CASH DEPOSITS AGGREGA TING RS.35,08,292/- WERE MADE IN THE SAVING BANK ACCOUNT OF THE ASSESSE E WITH CENTURIAL BANK OF PUNJAB LTD., CHANDIGARH. THE BANK STATEMENT REC EIVED FROM THE SAID BANK ALSO REFLECTED THE SAID CASH DEPOSITS. THE AS SESSEE WAS CONFRONTED WITH THE SAID DEPOSITS IN THE BANK ACCOUNT AND EXPL ANATION WAS SOUGHT FROM THE ASSESSEE VIS--VIS THE NATURE AND SOURCE OF THE SAID DEPOSITS. THE ASSESSEE FAILED TO APPEAR BEFORE THE ASSESSING OFFI CER AND NO EXPLANATION WAS FURNISHED BEFORE THE ASSESSING OFFICER RESULTIN G IN ADDITION OF RS.35,08,292/-. HOWEVER, BEFORE THE CIT(APPEALS), THE ASSESSEE FILED WRITTEN SUBMISSIONS WHICH ARE INCORPORATED UNDER PA RA 4 AT PAGE 2 & 3 OF THE APPELLATE ORDER. IN THE SAID WRITTEN SUBMISSIONS, THE PLEA OF THE 6 ASSESSEE WAS AS UNDER : 'THE APPELLANT IS AN UNEDUCATED PERSON RUNNING A SH OP OF SWEETS PREPARATION IN THE VILLAGE DERA BASSI, DISTT, MOHALI. HE PREPAR ES SWEETS AT HIS SHOP AND SUPPLIES TO THE VILLAGE SHOP KEEPERS IN FAR OFF PLA CES. THE PETTY SHOP KEEPERS WHO PURCHASE SWEETS FROM HIM DEPOSIT THE COST OF SW EETS IN HIS BANK A/C IN CENTURION BANK OF PUNJAB LTD. CHANDIGARH SECTOR 35C IN BANK A/C NO. 110781000009771 FROM THERE. A PHOTO COPY OF BANK A/ C IS ENCLOSED HEREWITH. IF WE GO THROUGH THE COPY OF BANK A/C, WE FIND THAT A SUM OF RS. 45560/- WAS TRANSFERRED ON 0L.04.2007 AND A SUM OF RS. 24,000/- WAS WITHDRAWN ON 03.04.2007 FROM THIS ACCOUNT. IN THIS WAY THE BANK A/C WAS TRANSACTED BY DEPOSITING AND WITHDRAWING OF AMOUNT. IF A SUM IS DEPOSITED ON A DAY THE SAME AMOUNT IS WITHDRAWN LATER ON. THE DE POSIT IS A TURN OVER OF THE APPELLANT AND WITHDRAWALS ARE FOR THE EXPENS ES HE INCURS FOR THE MANUFACTURING OF SWEETS, HE IS UNEDUCATED AND D O NOT KEEPS ANY BOOKS OF ACCOUNTS IN THE SHAPE OF CASH BOOK AND LED GER. IF WE GO TO THE DEPOSITS MADE IN THE BANK A/C WE FIND THAT THES E DEPOSITS WERE MADE AT DIFFERENT BRANCHES BY HIS CUSTOMERS FOR THE SWEETS SUPPLIED BY HIS TO THEM. 10. THE PLEA OF THE ASSESSEE BEFORE THE CIT(APPEALS ) WAS THAT THE TOTAL TURNOVER IS NOT AN INCOME OF THE APPELLANT. FURTHER CERTIFICATE FROM HDFC BANK, CHANDIGARH REGARDING RECEIPTS RECORDED A T DIFFERENT BRANCHES WAS ALSO FILED POINTING OUT THAT THE AMOUNT WAS DEP OSITED BY THE CUSTOMERS AT DIFFERENT STATIONS. THE ASSESSEE FILED AN AFFID AVIT BEFORE THE CIT(APPEALS) IN RESPECT OF THE ABOVESAID FACTS. TH E CIT(APPEALS) ACCEPTED THE PLEA OF THE ASSESSEE THAT THE CREDITS IN THE BANK ACCOUNTS WERE IN RESPECT OF SALES OF SWEETS AND THEREAFTER ESTIMA TED THE INCOME OF THE ASSESSEE BY APPLYING GP RATE OF 21% ON THE ESTIMATE D SALES OF RS.40,00,000/- RESULTING IN THE ESTIMATION OF INCOM E AT RS.8,40,000/-. 11. THE ISSUE ARISING BEFORE US IS IN RELATION TO S UCH ESTIMATION OF INCOME BY THE CIT(APPEALS). IN THE FACTS OF THE PR ESENT CASE BEFORE US, ON THE ONE HAND THE ASSESSEE IN THE RETURN OF INCOME H AD ONLY DECLARED SALES OF RS.530,650/-, HOWEVER THE BANK ACCOUNT OF THE ASSES SEE REFLECTS DEPOSITS IN CASH TOTALING RS.35,08,290/-. THE ASSESSEE CLAIMS THAT THE SAID DEPOSITS 7 WERE MADE BY HIS CUSTOMERS AGAINST THE PURCHASE OF SWEETS. THE CASH WAS DEPOSITED BY THE SAID ALLEGED CUSTOMERS AT DIFFEREN T STATIONS. WHEN CONFRONTED DURING THE COURSE OF HEARING, THE LD. AR FOR THE ASSESSEE POINTED OUT THAT THE ASSESSEE WAS MAKING SPECIAL MITHAI/SWE ETS WHICH WERE PURCHASED BY PETTY SHOPKEEPERS. IT WAS FURTHER EXP LAINED BY THE LD. AR FOR THE ASSESSEE THAT THE SAID SWEETS WERE PICKED UP BY THE SAID SHOPKEEPERS FROM THE SHOP OF THE ASSESSEE ITSELF. WHEN CONFRON TED THAT AS TO WHY NO PAYMENT WAS BEING MADE ON THE DELIVERY OF THE SWEET S AT THE SHOP OF THE ASSESSEE, THE LD. AR FOR THE ASSESSEE HAD NO REPLY. IN THE TOTALITY OF THE ABOVESAID FACTS AND CIRCUMSTANCES OF THE CASE, WE F IND NO MERIT IN THE PLEA RAISED BY THE ASSESSEE. IN CASE THE ASSESSEE WAS M AKING SALES TO VARIOUS CUSTOMERS AT HIS SHOP ITSELF, THEN FIRST OF ALL NO SALE BILLS WERE ISSUED BY THE ASSESSEE AND THE ASSESSEE HIMSELF HAD UNDER-DEC LARED HIS TURNOVER IN THE RETURN OF INCOME FILED FOR THE CAPTIONED ASSESS MENT YEAR. FURTHER, THE SAID GOODS WERE BEING SOLD ON CREDIT BASIS TO DIFFE RENT PEOPLE WHO WERE STATIONED AT DIFFERENT PLACES WHICH WERE IN NEARBY TOWNS AND NO LIST OF SUCH PERSONS FROM WHOM THE SAID AMOUNT WAS DUE HAS BEEN FILED BY THE ASSESSEE IN ORDER TO PROVE ITS CASE OF HAVING SOLD THE SWEET S TO VARIOUS CUSTOMERS/SHOPKEEPERS IN DIFFERENT AREAS. WE FAIL TO UNDERSTAND THAT IN THE ABSENCE OF ANY DETAILS BEING MAINTAINED BY THE ASSE SSEE, HOW THE ASSESSEE IS ABLE TO KEEP TRACK OF THE PAYMENTS DUE FROM VARI OUS PERSONS WHO HAD ALLEGEDLY COLLECTED THE GOODS/SWEETS FROM HIS SHOP BUT HAD NOT MADE THE PAYMENT AT THE RELEVANT TIME. THE PLEA OF THE ASSE SSEE THAT HE WAS AN UNEDUCATED PERSON AND WAS NOT ABLE TO MAINTAIN BOOK S OF ACCOUNT, CANNOT BE ACCEPTED IN THE FACTS OF THE PRESENT CASE. THE BANK ACCOUNT OF THE ASSESSEE REFLECTS CASH DEPOSIT AGGREGATING RS.35,08 ,290/-. THE PERUSAL OF THE APPEAL FILED BY THE WIFE OF THE ASSESSEE REFLEC TS THAT LADY WAS ALSO ENGAGED IN THE SIMILAR BUSINESS OF MANUFACTURE AND SALE OF SWEETS AND THE TOTAL CASH DEPOSITS IN HER ACCOUNT WERE OF RS.28,21 ,112/- IN THE YEAR UNDER 8 CONSIDERATION. IN THE ABSENCE OF THE ASSESSEE HAVI NG DISCHARGED HIS ONUS OF ESTABLISHING THE IDENTITY OF THE ALLEGED CUSTOMERS WHO HAD DEPOSITED THE SAID CASH IN HIS BANK ACCOUNT, WE FIND NO MERIT IN THE PLEA OF THE ASSESSEE AND THE SAME IS REJECTED. 12. FURTHER WE FIND THAT THE ASSESSEE HAS IN THE WR ITTEN SUBMISSIONS FILED BEFORE THE CIT(APPEALS), TAKEN A STAND THAT THE BAN K ACCOUNT OF THE ASSESSEE WAS TRANSACTED BY DEPOSITING AND WITHDRAWI NG THE AMOUNT. HE FURTHER ALLEGES THAT THE SAME WAS DEPOSITED ON A DA Y AND THE SAME AMOUNT WAS WITHDRAWN LATER ON. THE ASSESSEE HAS FAILED TO FILE ON RECORD THE BANK STATEMENT TO PROVE ITS CASE OF THE DEPOSIT AND WITH DRAWAL OF CASH FROM THE SAID BANK ACCOUNT. THE ASSESSEE IN THE WRITTEN STA TEMENTS FILED BEFORE THE CIT(APPEALS) FURTHER CLAIMS THAT THE DEPOSITS IN TH E BANK ACCOUNT IS THE TURNOVER OF THE ASSESSEE. HOWEVER, IN THE RETURN O F INCOME FILED, THE ASSESSEE HAS ONLY DECLARED TURNOVER OF RS.530,650/- AS AGAINST THE CASH DEPOSIT OF RS.35,08,290/- IN HIS BANK ACCOUNT, WHIC H HE CLAIMS TO BE THE SALE PROCEEDS OF SWEETS SOLD BY HIM. THE ASSESSEE I S MAKING ALTERNATE SUBMISSIONS BEFORE THE AUTHORITIES BUT HAS FAILED T O ESTABLISH HIS CASE AND IN THE ABSENCE OF THE SAME WE FIND NO MERIT IN THE PLEAS RAISED BY THE ASSESSEE AND THE LD. AR FOR THE ASSESSEE BEFORE US. IN VIEW THEREOF, WE REVERSE THE ORDER OF CIT(APPEALS) AND UPHOLD THE AD DITION OF RS.35,08,290/- IN THE HANDS OF THE ASSESSEE. 13. THE ASSESSEE BEFORE US IS AGITATED BY THE ESTIM ATION OF SALES AT RS.40 LACS IN HIS HANDS AS AGAINST THE DEPOSIT IN THE BAN K ACCOUNTS TOTALING RS.35,08,290/- IN VIEW OF OUR HOLDING THE ADDITION IN THE HANDS OF THE ASSESSEE AT RS.35,08,290/-, THE GROUNDS OF APPEAL R AISED BY THE ASSESSEE ARE DISMISSED. 14. THE REVENUE VIDE THE GROUND OF APPEAL WAS AGGRI EVED BY THE ORDER OF THE CIT(APPEALS) IN ESTIMATING THE BUSINESS INCOME IN THE HANDS OF THE 9 ASSESSEE AT RS.8,40,000/-. IN VIEW OF OUR ORDER, T HE GROUNDS OF APPEAL RAISED BY THE REVENUE ARE ALLOWED. 15. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMIS SED AND THAT OF THE REVENUE IS ALLOWED. 16. AS THE FACTS IN ITA NOS. 656/CHD/2012 AND 529/C HD/2012 ARE IDENTICAL TO THE FACTS IN ITA NOS. 655/CHD/2012 AND 528/CHD/2012, OUR DECISION IN ITA NOS. 655/CHD/2012 AND 528/CHD/2012 WOULD APPLY MUTATIS-MUTANDIS TO ITA NOS. 656/CHD/2012 AND 529/C HD/2012 ALSO. 17. IN THE RESULT, BOTH THE APPEALS OF THE ASSESSEE ARE DISMISSED AND THAT OF THE REVENUE ARE ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 2 ND DAY OF AUG., 2013. SD/- SD/- (T.R.SOOD) (SUSHMA CHOW LA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED 2 ND AUG,2013 POONAM COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR BY ORDER ASSISTANT REGISTRAR, ITAT, CHANDIGARH