SUKHRAJ. B. NAHAR, MUMBAI V. DCIT CEN CIR OSD -1, MUMBAI

ITA 5304/MUM/2015

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 0323 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-08-2017
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 09-11-2015
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: V JUSTIN
• Keywords: Unexplained cash credit; Gift; Salary income; Opportunity of being heard; Principle of natural justice; Additional evidence; Capital receipt
• Section: 143(3); 68; 132

Judgement Text

E IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER ./ I.T.A. NO. 5304/ MUM/2015 ( / ASSESSMENT YEAR : 2012-13) SUKHRAJ B. NAHAR, B-1, MAHALAXMI CHAMBERS, 22 BHULABHAI DESAI ROAD, MUMBAI 400 026. / V. DCIT CENTRAL CIRCLE 4(4), ROOM NO. 409, 4 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, CHURCHGATE, MUMBAI 400 020. ./ PAN : ABRPN9313R ( / APPELLANT ) .. ( / RESPONDENT ) ASSESSEE BY : SHRI VIMAL PUNMIYA REVENUE BY : SHRI V. JUSTIN / DATE OF HEARING : 09.08.2017 / DATE OF PRONOUNCEMENT : 16.08.2017 / O R D E R PER RAMIT KOCHAR, ACCOUNTANT MEMBER THIS APPEAL, FILED BY THE ASSESSEE, BEING ITA NO. 5304/MUM/2015, IS DIRECTED AGAINST THE APPELLATE ORDER DATED 31-08-20 15 PASSED BY LEARNED COMMISSIONER OF INCOME TAX (APPEALS)- 52, MUMBAI (H EREINAFTER CALLED THE CIT(A)), FOR ASSESSMENT YEAR 2012-13, APPELLATE PR OCEEDINGS BEFORE LEARNED CIT(A) HAS ARISEN FROM THE ASSESSMENT ORDER DATED 2 5.03.2014 PASSED BY LEARNED ASSESSING OFFICER ( HEREINAFTER CALLED THE AO) U/S 143(3) OF THE INCOME-TAX ACT, 1961 (HEREINAFTER CALLED THE ACT) PASSED BY A.O. ITA 5304/MUM/2015 2 2. THE GROUNDS OF APPEAL RAISED BY THE ASSESSEE IN THE MEMO OF APPEAL FILED WITH THE INCOME-TAX APPELLATE TRIBUNAL, MUMBA I (HEREINAFTER CALLED THE TRIBUNAL) READ AS UNDER:- 1) THE LEARNED CIT (A) HAS ERRED ON FACTS AND IN L AW IN CONFIRMING THE ADDITION OF RS 4,01,500/- MADE BY TH E AO U/S 68 OF THE IT ACT 1961 WITHOUT ANY PROPER AND JUSTIFIAB LE BASIS. 2) THE LEARNED CIT (A) HAS ERRED ON FACTS AND IN LA W IN CONFIRMING THE ADDITION OF RS 5,00,000/- MADE BY TH E AO BY WRONGLY APPLYING RATIOS OF VARIOUS JUDGEMENTS WITHO UT ANY PROPER AND JUSTIFIABLE BASIS. 3. THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESSE E IS AN INDIVIDUAL WHO HAS SHOWN INCOME FROM SALARY, SHARE OF PROFIT, REMU NERATION AND INCOME FROM OTHER SOURCES. THE REVENUE CONDUCTED SEARCHES U/S 132 (1) OF THE 1961 ACT ON 2 ND FEBRUARY, 2012 ON NAHAR GROUP OF CASES, ITS INDI VIDUALS AND ASSOCIATE CONCERNS , WHICH WAS CONCLUDED ON 28 TH MARCH, 2012 BEING THE LAST DATE ON WHICH AUTHORIZATION WAS EXECUTED. THE NAHA R GROUP IS ENGAGED IN THE BUSINESS OF DEVELOPMENT OF COMMERCIAL AND RESID ENTIAL PROJECTS. DURING COURSE OF SEARCH OPERATIONS U/S 132(1), CERTAIN INC RIMINATING MATERIAL WAS FOUND AND SEIZED BY REVENUE. THE ASSESSEES OF THE GROUP WERE CONFRONTED WITH THESE INCRIMINATING MATERIAL AND STATEMENTS WE RE RECORDED. THE ASSESSEE MADE DISCLOSURE/SURRENDER OF UNDISCLOSED I NCOME WHICH , INTER-ALIA, INCLUDED RS. 8,93,69,623/- FOR THE IMPUGNED ASSESSM ENT YEAR UNDER CONSIDERATION TOWARDS CREDIT(NEGATIVE) BALANCE OF C ASH AS WELL TOWARDS RECEIPTS IN STATEMENT OF CASH . THE ASSESSEE HAD FILED RETURN OF INCOME U/S 139(1) OF THE ACT ON 29 TH SEPTEMBER, 2012 DECLARING TOTAL INCOME AT RS. 9,32, 22,114/- AND THE CASE WAS SELECTED FOR SCRUTINY BY REVENUE AND NOTICE DAT ED 12.02.2013 U/S 143(2) OF THE ACT WAS ISSUED BY AO WHICH WAS SERVED UPON T HE ASSESSEE. ITA 5304/MUM/2015 3 IT WAS OBSERVED BY THE A.O. DURING THE COURSE OF AS SESSMENT PROCEEDINGS THAT THE ASSESSEE HAD CREDITED AN AMOUNT OF RS. 4,01,500 /- IN THE CAPITAL ACCOUNT TOWARDS GIFT RECEIVED ON OM BIRTHDAY, OM BEING GR ANDSON OF THE ASSESSEE. THE ASSESSEE WAS ASKED TO EXPLAIN THE SOURCE FROM W HOM THESE GIFTS WERE RECEIVED TO WHICH ASSESSEE RESPONDED THAT THE SAID GIFTS WERE RECEIVED FROM RELATIVES. THE TOTAL GIFTS RECEIVED WERE RS. 10,37, 400/-, OUT OF WHICH BALANCE GIFT OF RS. 6,35,900/- HAS BEEN OFFERED FOR TAXATIO N BY THE ASSESSEE U/S 132(4) OF THE 1961 ACT. THE AO REJECTED CONTENTIONS OF TH E ASSESSEE AS THE ASSESSEE HAD NOT BROUGHT ON RECORD THE DETAILS OF THE SAID G IFTS BY PROVIDING SUPPORTING DOCUMENTS OR EVIDENCE AS TO FROM WHOM THESE GIFTS W ERE RECEIVED , WHICH AS PER AO THUS REMAINED UNVERIFIABLE. THE AO OBSERVED THAT THE ASSESSEE HAS NOT SUBMITTED THE NAME OF THE RELATIVES WHO HAD CON TRIBUTED TO THE AMOUNT OF GIFTS . THE A.O., IN THE ABSENCE OF ANY PROPER EXP LANATION OFFERED BY THE ASSESSEE, TREATED THE GIFT AMOUNT OF RS. 4,01,500/- AS UNEXPLAINED CREDIT WITHIN THE MEANING OF SECTION 68 OF THE ACT AND ADD ED THE SAME TO THE INCOME OF THE ASSESSEE, VIDE ASSESSMENT ORDER DATED 25.03. 2014 PASSED BY THE AO U/S 143(3) OF THE 1961 ACT. 4. THE A.O. FURTHER OBSERVED THAT AN AMOUNT OF RS. 5 LACS HAD BEEN FOUND CREDITED TO THE CAPITAL ACCOUNT OF THE ASSESSEE TOW ARDS SUNDRY BALANCES WRITTEN OFF. ON BEING ASKED BY THE AO , THE ASSESSE E SUBMITTED THAT THE SAME REFERS TO LOAN FROM RAVI PURVANKARA WHICH WAS RECEI VED ON 9 TH SEPTEMBER, 2003 AND THE SAME HAS BEEN WRITTEN BACK DURING THE YEAR UNDER CONSIDERATION AND THE SAME IS NOT TAXABLE BEING CAP ITAL RECEIPT. THE ASSESSEE SUBMITTED THAT HE IS NOT IN THE BUSINESS OF FINANCI NG AND NO INTEREST HAS BEEN PAID TO SAID SH. RAVI PURVANKARA SINCE THE RECEIPT OF LOAN ON 09.09.2003. THE ASSESSEE FURTHER SUBMITTED THAT HE HAS UNILATERALLY WRITTEN BACK LOAN OF RAVI PURVANKARA AND THE LIABILITY IS STILL SUSTAINING BE ING PAYABLE TO SAID SH RAVI PURVANKARA. ITA 5304/MUM/2015 4 THE EXPLANATION OF THE ASSESSEE WAS REJECTED BY THE A.O. AS THE ASSESSEE HAS NOT BROUGHT ON RECORD ANY DETAILS OF THE LOAN CREDI TOR. THE A.O. HELD THAT THE LOAN LIABILITY WAS BARRED BY LIMITATION AND IS NOT PAYABLE BY THE ASSESSEE , WHICH CONSTITUTED INCOME OF THE ASSESSEE AND WAS BR OUGHT TO TAX BY THE AO AS INCOME OF THE ASSESSEE UNDER THE HEAD INCOME FR OM OTHER SOURCE , VIDE ASSESSMENT ORDER DATED 25.03.2014 PASSED BY THE AO U/S 143(3) OF THE 1961 ACT. 5. AGGRIEVED BY THE ASSESSMENT ORDER DATED 25.03.2 014 PASSED BY THE A.O. U/S 143(3) OF THE 1961 ACT, THE ASSESSEE CARRIED T HE MATTER IN APPEAL BEFORE THE LD. CIT(A) WHO ALSO DISMISSED THE APPEAL OF THE ASSESSEE AND CONFIRMED THE ASSESSMENT ORDER OF THE A.O., VIDE APPELLATE OR DER DATED 31-08-2015 PASSED BY LEARNED CIT(A). 6. AGGRIEVED BY APPELLATE ORDER DATED 31-08-2015 P ASSED BY THE LD. CIT(A), THE ASSESSEE FILED AN APPEAL BEFORE THE TRIBUNAL. 7. THE LD. COUNSEL FOR THE ASSESSE, AT THE OUTSET, SUBMITTED THAT THE ASSESSEE HAS RECEIVED AN AMOUNT OF RS. 4,01,500/- A S GIFTS FROM CLOSE RELATIVES. THE ASSESSEE FILED CONFIRMATION LETTER S FROM THE DONORS WHICH IS PLACED BY THE ASSESSEE AT PAPER BOOK/ PAGE 18 TO 22 . THE ASSESSEE CLAIMED THAT THESE GIFT CONFIRMATIONS FROM DONORS CONSTITUT E AN ADDITIONAL EVIDENCES WHICH HAS BEEN FILED FOR THE FIRST TIME BEFORE THE TRIBUNAL . THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THESE DETAI LS / CONFIRMATIONS FROM DONORS OF THE GIFT CONSTITUTE VITAL EVIDENCES AND T HE SAME MAY BE ADMITTED IN THE INTEREST OF JUSTICE. IT WAS PRAYED THAT THE MAT TER/ISSUE CAN BE SET ASIDE AND RESTORED TO THE FILE OF THE A.O. WHO CAN EXAMIN E/VERIFY ALL THE GIFT DETAILS AND DONORS. WITH RESPECT TO AMOUNT OF RS. 5,00,000/ - WRITTEN BACK BY THE ASSESSEE BEING AMOUNT CLAIMED TO BE RECEIVED FROM M R RAVI PURVANKARA ON 09-09-2003, IT WAS SUBMITTED THAT THE SAID AMOUNT W AS MERELY LOAN AMOUNT ITA 5304/MUM/2015 5 ON CAPITAL FIELD AND HAD NO CONNECTION WITH BUSINES S OF THE ASSESSEE. OUR ATTENTION WAS DRAWN TO PAPER BOOK/PAGE 6 WHEREIN LE DGER ACCOUNT EXTRACT OF THE ASSESSEES BOOKS OF ACCOUNTS IS PLACED WHEREIN SAID LOAN OF RS. 5,00,000/- RECEIVED ON 09-09-2003 THROUGH BANKING C HANNEL WAS REFLECTED . IT WAS SUBMITTED THAT THE ASSESSEE HAS ALSO FURNISH ED COPY OF RETURN OF INCOME ALONG WITH FINANCIAL STATEMENTS FOR THE YEAR ENDED 31-03-2004 FILED WITH THE REVENUE FOR ASSESSMENT YEAR 2004-05, WHERE IN IT IS CLAIMED BY THE ASSESSEE THAT THE SAID LOAN WAS REFLECTED IN FINANC IAL STATEMENT FOR THE YEAR ENDED 31-03-2004. IT WAS SUBMITTED THAT THE ASSESSE E WILL PRODUCE ALL RELEVANT EVIDENCES TO PROVE THAT THE LOAN WAS RECEI VED WHICH HAD NO CONNECTION WITH BUSINESS OF THE ASSESSEE WHICH WAS ON CAPITAL FIELD , AS WELL THE LIABILITY IS STILL SUBSISTING AS PAYABLE TO SAI D MR RAVI PURVANAKRA AND IT WAS PRAYED THAT THIS ISSUE MAY ALSO BE SET ASIDE AN D RESTORED TO AO FOR DE- NOVO ADJUDICATION OF THE ISSUE ON MERITS. 8. THE LD. D.R. SUBMITTED THAT THE ASSESSEE HAS FIL ED ADDITIONAL EVIDENCES W.R.T. GIFTS OF RS 4,01,500/- BY WAY OF CONFIRMATIO NS FROM DONORS WHICH ARE FILED FOR THE FIRST TIME BEFORE THE TRIBUNAL AND TH E A.O. NEED TO EXAMINE/VERIFY ALL THE DETAILS/EVIDENCES ALONG WITH EXAMINATION OF THE DONOR , HENCE, THE MATTER SHOULD GO BACK TO THE FILE OF THE A.O. WITH RESPECT TO THE LOAN AMOUNT OF RS. 5 LACS TAKEN FROM RAVI PURVANKARA, IT WAS SU BMITTED THAT THE ASSESSEE HAS TO PROVE WHETHER THE SAME WAS ON TRADING ACCOUN T OR CAPITAL ACCOUNT . CONFIRMATIONS FROM SAID RAVI PURVANKARA SHOULD BE S UBMITTED BY THE ASSESSEE AND SAID LOAN CREDITOR BE PRODUCED BEFORE THE AO FOR EXAMINATION. THE LD. D.R. RELIED ON THE DECISION OF HONBLE SUPR EME COURT IN THE CASE OF CIT V. T.V. SUNDARAM IYENGAR AND SONS LTD. (1996) 2 22 ITR 344 (SC). 9. IN THE REJOINDER, THE LD. COUNSEL SUBMITTED THAT IN THE CASE OF T.V. SUNDARAM IYENGAR AND SONS LTD. (SUPRA) , IT WAS A T RADING LIABILITY WHILE IN ITA 5304/MUM/2015 6 THE INSTANT CASE , LOAN OF RS 5,00,000/- RECEIVED B Y THE ASSESSEE ON 09-09- 2003 WAS A CAPITAL RECEIPT. 10. WE HAVE CONSIDERED RIVAL CONTENTIONS AND ALSO P ERUSED THE MATERIAL AVAILABLE ON RECORD. WE HAVE OBSERVED THAT THE ASSE SSEE IS AN INDIVIDUAL WHO HAS SHOWN INCOME FROM SALARY, SHARE OF PROFIT, REMU NERATION AND INCOME FROM OTHER SOURCES. THE REVENUE CONDUCTED SEARCHES U/S 132 (1) OF THE 1961 ACT ON 2 ND FEBRUARY, 2012 ON NAHAR GROUP OF CASES, ITS INDI VIDUALS AND ASSOCIATE CONCERNS WHICH WAS CONCLUDED ON 28 TH MARCH, 2012 BEING THE LAST DATE ON WHICH AUTHORIZATION WAS EXECUTED. DURING C OURSE OF SEARCH OPERATIONS, CERTAIN INCRIMINATING MATERIAL WAS FOUN D AND SEIZED BY REVENUE. THE ASSESSEE MADE DISCLOSURE/SURRENDER OF UNDISCLOS ED INCOME WHICH , INTER- ALIA , INCLUDED RS. 8,93,69,623/- FOR THE IMPUGNED ASSESSMENT YEAR UNDER CONSIDERATION TOWARDS CREDIT(NEGATIVE) BALANCE OF C ASH AS WELL TOWARDS RECEIPTS IN STATEMENT OF CASH . THERE WAS ALSO AN SEIZED MATERIAL (PB/PAGE 8) DURIN G SEARCHES U/S 132(1), WHEREIN THERE IS MENTION OF GIFS OF RS. 1,00,000/- RECEIVED FROM MAIYA , RS 1,00,000/- FROM AUNTY , RS. 1,00,000/- FROM SOHINI , RS 61,000/- FROM POOJA AND RS. 50,000/- FROM DIMPLE. DURING APPELLATE PROC EEDINGS BEFORE LEARNED CIT(A) THE ASSESSEE EXPLAINED THAT MAIYA STANDS F OR SHANTIDEVI NAHAR, MOTHER OF THE ASSESSEE , AUNTY STANDS FOR SHEETAL NAHAR , DAUGHTER OF THE ASSESSEE WHILE SOHINI STANDS FOR SOHINI DEVI NAHA R, WIFE OF THE ASSESSEE AND POOJA AND DIMPLE ARE DAUGHTERS OF THE ASSESSEE , WHO HAD ALL GIVEN GIFTS AGGREGATING TO RS. 4,01,500/- . THE ASSESSEE DID NO T FILED GIFT DEED NOR ANY CONFIRMATION FROM THESE DONORS EVEN BEFORE LEARNED CIT(A) . NEITHER IT WAS EXPLAINED BY THE ASSESSEE EVEN BEFORE LEARNED CIT(A ) WHETHER THESE GIFTS WERE RECEIVED THROUGH CHEQUE OR OTHERWISE. THE ASSESSEE HAD CLAIMED THAT HE DID FILED ONE LETTER DATED 31-08-2015 WITH LEARNED CITA (A) EXPLANINING DETAILS OF THE RELATIVES WHO GAVE GIFT OF RS. 4,01,500/- TO TH E ASSESSSEE(PB /PAGE 7). ITA 5304/MUM/2015 7 NOW, THE ASSESSEE HAS COME FORWARD AND FILED CERTAI N CONFIRMATIONS FROM DONORS FOR THE FIRST TIME BEFORE THE TRIBUNAL WHICH ARE PLACED IN PAPER BOOK /PAGE 18-22 AND ASSESSEE HAS PRAYED THAT THESE ADDI TIONAL EVIDENCES BE ADMITTED IN THE INTEREST OF JUSTICE AS THEY ARE CRI TICAL EVIDENCES TO ADJUDICATE THIS ISSUE. KEEPING IN VIEW THE FACTUAL MATRIX OF T HE CASE, WE ARE INCLINED TO ADMIT THESE ADDITIONAL EVIDENCES AS THEY ARE VITAL PIECE OF EVIDENCES TO ADJUDICATE THIS ISSUE AND WE ARE OF THE CONSIDERED VIEW THAT THE MATTER SHOULD BE SET ASIDE AND RESTORED TO THE FILE OF THE A.O. FOR DE-NOVO ADJUDICATION OF THE ISSUE ON MERITS AFTER SUCH EXAM INATIONS AND VERIFICATIONS WHICH THE AO DEEM IT FIT IN ACCORDANCE WITH THE MAN DATE OF PROVISIONS OF THE 1961 ACT INCLUDING EXAMINATION OF THE DONORS TO SAT ISFY THE INGREDIENTS OF SECTION 68 OF THE 1961 ACT . NEEDLESS TO SAY THAT T HE AO SHALL PROVIDE SUFFICIENT AND ADEQUATE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE IN ACCORDANCE WITH PRINCIPLES OF NATURAL JUSTICE IN AC CORDANCE WITH LAW. THE AO SHALL ALLOW THE ASSESSEE TO FILE ALL RELEVANT EVIDE NCES AND EXPLANATIONS IN HIS DEFENSE , WHICH SHALL BE ADMITTED BY THE AO IN THE INTEREST OF JUSTICE. WE WOULD LIKE TO CLARIFY THAT THE AO SHALL ADJUDICATE THIS ISSUE IN DE-NOVO SET ASIDE PROCEEDINGS ON MERITS IN ACCORDANCE WITH LAW UNINFLUENCED BY OUR OBSERVATIONS IN THIS ORDER. WE ORDER ACCORDINGLY. WITH RESPECT TO AN AMOUNT OF RS. 5,00,000/- WRITTEN BACK BY THE ASSESSEE IN ITS BOOKS OF ACCOUNTS DURING PREVIOUS YEAR RELEVANT TO THE IMPUGNED ASSESSMENT YEAR, IT IS CLAIMED THAT THE SAID AMOUNT WAS RECEIVED AS LOAN FROM RAVI PURVANKARA ON 09-09-2003 BY BANKING CHANNEL ON CAPITAL FIELD AND THE SAID LOAN WAS NOT ON ACCOUNT OF BUSINESS/TRADING OP ERATIONS OF THE ASSESSEE. THE ASSESSEE HAS SUBMITTED COPY OF LEDGER EXTRACT A LONG WITH COPY OF ITS RETURN OF INCOME FOR ASSESSMENT YEAR 2004-05 ALONG WITH FINANCIAL STATEMENTS TO DEMONSTRATE THAT THE SAID LOAN WAS RECEIVED IN F INANCIAL YEAR 2003-04 WHICH WAS DECLARED AND DISCLOSED IN RETURN OF INCOM E FOR ASSESSMENT YEAR 2004-05. THE SAID DOCUMENTS ARE PART OF PAPER BOOK FIED BY THE ASSESSEE WITH ITA 5304/MUM/2015 8 THE TRIBUNAL. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT IF ONE MORE OPPORTUNITY IS GRANTED TO THE ASSESSEE , THE ASSESS EE SHALL PRODUCE ALL RELEVANT DOCUMENTS AND EXPLANATIONS TO DEMONSTRATE THAT THE SAID LOAN WAS RECEIVED ON CAPITAL FIELD AND NOT ON TRADING/BUSINE SS FIELD. IT WAS ALSO SUBMITTED THAT THE SAID LOAN IS STILL PAYABLE BY TH E ASSESSEE AND THE ASSESSEE WILL PRODUCE LOAN CREDITOR AS WELL LOAN CONFIRMATIO NS BEFORE THE AO. KEEPING IN VIEW FACTUAL MATRIX OF THE CASE AND IN THE INTER EST OF JUSTICE, WE ARE OF THE CONSIDERED VIEW THAT THE ASSESSEE DESERVES ONE MORE OPPORTUNITY AND THE MATTER/ISSUE NEED TO BE SET ASIDE AND RESTORED TO T HE FILE OF THE AO FOR DE- NOVO DETERMINATION OF THE ISSUE ON MERITS BY THE AO IN ACCORDANCE WITH LAW. THE ASSESSEE IS DIRECTED TO PRODUCE ALL RELEVANT EV IDENCES/ EXPLANATIONS BEFORE THE AO TO SUPPORT HIS CONTENTIONS , WHICH SH ALL BE ADMITTED BY THE AO IN THE INTEREST OF JUSTICE AND ADJUDICATED ON MERIT S IN ACCORDANCE WITH LAW. NEEDLESS TO SAY THAT THE AO SHALL PROVIDE SUFFICIEN T AND ADEQUATE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE IN ACCORDANCE WITH P RINCIPLES OF NATURAL JUSTICE IN ACCORDANCE WITH LAW. WE WOULD LIKE TO CLARIFY TH AT THE AO SHALL ADJUDICATE THIS ISSUE IN DE-NOVO SET ASIDE PROCEEDINGS ON MERI TS IN ACCORDANCE WITH LAW UNINFLUENCED BY OUR OBSERVATIONS IN THIS ORDER . WE ORDER ACCORDINGLY. 11. IN THE RESULT, APPEAL OF THE ASSESSEE IN ITA NO . 5304/MUM/2015 FOR A.Y. 2012-13 IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 16 TH AUGUST 2017. # $% &' 16.08.2017 ( ) SD/- SD/- (JOGINDER SINGH) (RAMIT KOCHAR) JUDICIAL MEMBER ACCOUNTANT MEMBER $ MUMBAI ; & DATED 16.08.2017 [ ITA 5304/MUM/2015 9 .9../ R.K. R.K. R.K. R.K. , EX. SR. PS !'#$%&%# / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. : ( ) / THE CIT(A)- CONCERNED, MUMBAI 4. : / CIT- CONCERNED, MUMBAI 5. =>( 99?@ , ?@ , $ / DR, ITAT, MUMBAI E BENCH 6. (BC D / GUARD FILE. / BY ORDER, = 9 //TRUE COPY// / ( DY./ASSTT. REGISTRAR) , $ / ITAT, MUMBAI