Awadh Public School Academy , Lucknow V. Income Tax Officer, Lucknow

ITA 584/LKW/2012

• Counselvise Citation: [2014] 120 COUNSELVISE.COM (IT) 7986 (ITAT-LUCKNOW)
• Duration Of Justice: 1 year(s) 8 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-08-2014
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Next Hearing Date: 10-07-2014
• Assessment Year: 2006-2007
• Appeal Filed On: 30-11-2012
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: ALOK MITRA
• Assessee Lawyers: H P SINGH
• Keywords: Unexplained cash credit; Gift; Charitable institution; Benefit of exemption
• Section: 12A; 12AA; 68; 263; 12; 11

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A , LUCKNOW BEFORE SHRI S UNIL KUMAR YADAV , JUDICIAL MEMBER AND SHRI. A. K. GARODIA , ACCOUNTANT MEMBER ITA NO. 584/LKW/2012 ASSESSMENT YEAR: 2006 - 07 AWADH PUBLIC SCHOOL ACADEMY 239, LEELA BUILDING SENANI VIHAR, RAEBARELI ROAD LUCKNOW V. INCOME TAX OFFICER RANGE IV LUCKNOW PAN:AAATA7665H (APP ELL ANT) (RESPONDENT) APP ELL ANT BY: SHRI. H.P. SINGH, ADVOCATE RESPONDENT BY: SHRI. ALOK MITRA, D.R. DATE OF HEARING: 10 0 7 2014 DATE OF PRONOUNCEMENT: 29 0 8 2014 O R D E R PER SUNIL KUMAR YADAV: THIS APPEAL IS PREFERRED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A) MAINLY ON TWO GROUNDS WHICH ARE AS UNDER: - 1 . THE LD. CIT(A) HAS ERRED IN LAW AND FACTS OF THE CASE IN UPHOLDING THE FOLLOWING ADDIT ION MADE BY THE ASSESSING OFFICER: ( A ) RS.2,00,34,095/ - BEING AMOUNT OF DONATION RECEIVED BY THE APPELLANT DURING THE PREVIOUS YEAR. ( B ) RS.3,94,897/ - , RS.5,85,000/ - AND RS.14,33,333/ - BEING DISALLOWANCE MADE BY THE ASSESSING OFFICER UNDER THE HEAD ADVERTISEMENT, RENT AND OTHER EXPENSES ALTHOUGH NO SUCH DISALLOWANCES HAD BEEN MADE IN THE ORIGINAL ASSESSMENT MADE BY THE ASSESSING OFFICER. PRINT TO PDF WITHOUT THIS MESSAGE BY PURCHASING NOVAPDF ( HTTP://WWW.NOVAPDF.COM/ ) : - 2 - : 2 . APROPOS GROUND NO.1, IT IS NOTICED FORM THE ORDERS OF THE LOWER AUTHORITIES THAT ON VERIFICATION OF THE BALANCE SHEET AND INCOME & EXPENDITURE ACCOUNT ATTACHED WITH THE RETURN OF INCOME, THE ASSESSING OFFICER NOTICED THAT NO SUCH AMOUNT HAS BEEN SHOWN AS DONATION IN THE INCOME & EXPENDITURE ACCOUNT. BUT IN THE BALANCE SHEET, ASSESSEE HAS SHOWN A CAPITAL FUND OF RS.2,66,42,416/ - . N O BREAKUP OF THE DONATION WAS ATTACHED ALONG WITH THE RETURN OF INCOME. AFTER VERIFICATION OF THE BALANCE SHEET OF THE PRECEDING ASSESSMENT YEAR, IT WAS NOTICED BY THE ASSESSING OFFICER THAT ASSESSEES CAPITAL FUND AT THE END OF THE YEAR IS RS. 65,11,91 3.5 6 WAS INCREASE D DUE TO DONATION (S O CALLED CORPUS FUND). THE ASSESSING OFFICER HAS ALSO NOTICED FROM THE RECORD THAT ASSESSEE - SOCIETY WAS NOT REGISTERED UNDER SECTION 12A OF THE INCOME - TAX ACT, 1961 (HEREINAFTER CALLED IN SHORT THE ACT') FOR THE RELEVANT ASSESSMENT YEAR, THEREFORE, ASSESSEE IS NOT ENTITLED FOR ANY BENEFIT UNDER SECTION 11 OF THE ACT. DURING THE COURSE OF ASSESSMENT PROCEEDINGS, ASSESSEE WAS REPEATED LY ASKED TO FURNISH THE COMPLETE LIST OF DONORS ALONG WITH THEIR RESPECTIVE PAN AND POSTAL ADDRESS TO VERIFY THEIR IDENTITY, CREDITWORTHINESS AND GENUINENESS OF THE TRANSACTIONS. BUT THERE WAS NO COMPLIANCE OF THE AFORESAID DIRECTIONS BY THE ASSESSEE. THEREFORE, THE SAID DONATION COULD NOT BE VERIFIED IN THE ABSENCE OF RELEVANT INFORMATION AN D THE ASSESSING OFFICER HAS TREATED THIS C RDIT INTRODUCED BY THE ASSESSEE AS UNEXPLAINED CASH CREDIT UNDER SECTION 68 OF THE ACT. SINCE THE BENEFIT OF SECTIONS 11 AND 12 CANNOT BE ALLOWED TO THE ASSESSEE ON ACCOUNT OF NON - AVAILABILITY OF REGISTRATION UN DER SECTION 12A OF THE ACT, THE ASSESSING OFFICER HAS TREATED THE DONATION RECEIVED DURING THE YEAR AT RS.2,00,34,095 AS UNEXPLAINED CASH CREDIT. 3 . AGGRIEVED, ASSESSEE PREFERRED AN APPEAL BEFORE THE LD. CIT(A) WITH THE SUBMISSION THAT THE DONATION S WERE MADE TO THE ASSESSEE - SOCIETY DIRECTLY TO THE CORPUS AND THEREFORE NOT ASSESSABLE TO TAX. IT WAS ALSO PRINT TO PDF WITHOUT THIS MESSAGE BY PURCHASING NOVAPDF ( HTTP://WWW.NOVAPDF.COM/ ) : - 3 - : STATED THAT THE DONATIONS WERE IN THE NATURE OF GIFTS OR DONATIONS AND ARE NOT TO BE ASSESSED TO TAX AND THE ASSESSEE CANNOT BE EXPECTED TO PRODUCE ALL THE DO NORS. THE LD. CIT(A) RE - EXAMINED THE CLAIM OF THE ASSESSEE IN THE LIGHT OF THE SUBMISSIONS AND WAS OF THE VIEW THAT REGISTRATION UNDER SECTION 12A OF THE ACT WAS NOT AVAILABLE FOR THE IMPUGNED ASSESSMENT YEAR, THEREFORE, THE BENEFIT OF SECTION 11 OF THE A CT CANNOT BE GIVEN TO THE ASSESSEE. THEREFORE, THE VOLUNTARY DONATION, CORPUS OR OTHERWISE ARE INCOME OF THE ASSESSEE AND IN THE ABSENCE OF THE RELEVANT INFORMATION WITH REGARD TO THE DONATIONS, THE SAID AMOUNT SHOULD BE TREATED AS UNEXPLAINED CASH CREDIT . ACCORDINGLY, THE LD. CIT(A) HAS CONFIRMED THE ADDITION MADE BY THE ASSESSING OFFICER. THE RELEVANT OBSERVATIONS OF THE LD. CIT(A) ARE EXTRACTED HEREUNDER FOR THE SAKE OF REFERENCE: - 4(3) I HAVE EXAMINED THE FACTS AND CIRCUMSTANCES OF THE CASE. I HAVE CONSIDERED THE FINDINGS OF THE ASSESSING OFFICER IN THE ASSESSMENT ORDER AND I HAVE ALSO PERUSED AND EXAMINED THE SUBMISSIONS OF THE APPELLANT. AT THE OUTSET I FIND THAT THE APPELLANT IS NOT REGISTERED UNDER SECTION 12A OF THE ACT AND THEREFORE THE APPELLA NT IS NOT ELIGIBLE FOR EXEMPTION UNDER SECTION 11 OF THE ACT. IN VIEW OF ABOVE A REFERENCE MAY THEREFORE BE MADE TO THE INCLUSIVE DEFINITION OF INCOME IN SECTION 2(24)(IIA) OF THE ACT TO DETERMINE WHETHER THE VOLUNTARY DONATIONS RECEIVED BY THE APPELLANT C ONSTITUTE INCOME. THE PROVISIONS DEFINE INCOME INCLUSIVELY AND ARE AS UNDER - VOLUNTARY CONTRIBUTIONS RECEIVED BY A TRUST CREATED WHOLLY OR PARTLY FOR CHARITABLE OR RELIGIOUS PURPOSES OR BY AN INSTITUTION ESTABLISHED WHOLLY OR PARTLY FOR SUCH PURPOSES OR BY AN ASSOCIATION OR INSTITUTION REFERRED TO IN CLAUSE (21) OR CLAUSE (23), OR BY A FUND OR TRUST OR INSTITUTION REFERRED TO IN SUB CLAUSE (IV) OR SUB - CLAUSE (V) OF CLAUSE (23C) OF SECTION 10. PRINT TO PDF WITHOUT THIS MESSAGE BY PURCHASING NOVAPDF ( HTTP://WWW.NOVAPDF.COM/ ) : - 4 - : EXPLANATION. - FOR THE PURPOSES OF THIS SUB - CLAUSE/' TRUST' INCL UDES ANY OTHER LEGAL OBLIGATION;] 4(4) THE DEFINITION MAKES IT AMPLY CLEAR THAT VOLUNTARY CONTRIBUTIONS RECEIVED BY A TRUST CREATED WHOLLY OR PARTLY FOR CHARITABLE OR RELIGIOUS PURPOSES ARE TO BE INCLUDED IN THE INCOME. SECTION 2(24)(IIA) OF THE ACT SPEAK OF VOLUNTARY CONTRIBUTION. THEREFORE, FIRSTLY IT HAS TO BE SEEN WHETHER SUCH DONATIONS WERE VOLUNTARY DONATIONS. ACCORDING TO THE DICTIONARY MEANING, AN ACT CAN BE SAID TO BE VOLUNTARY IF IT IS DONE BY FREE CHOICE, OF ONE'S OWN ACCORD, WITHOUT COMPULSION O R OBLIGATION, WITHOUT VALUABLE CONSIDERATION, GRATUITOUS ETC. REFERENCE CAN BE MADE TO BLACK'S LAW DICTIONARY AND WEBSTER'S UNABRIDGED DICTIONARY. IN THE INSTANT CASE, THERE IS NO MATERIAL ON THE RECORD TO SUGGEST THAT SUCH DONATIONS WERE GIVEN AGAINST THE WILL OF THE DONORS OR BY ANY COMPULSION OR UNDER ANY OBLIGATION. IN THAT SENSE, IT CAN BE SAID THAT DONATIONS WERE VOLUNTARY. 4(5) FURTHER, DONATIONS TOWARDS CORPUS FUNDS OF CHARITABLE TRUST ARE EXEMPT UNDER SECTION 12 OF THE ACT. HOWEVER, SECTION 12 OF T HE ACT PROVIDES THAT PROVISIONS OF SECTION 11 AND SECTION 12 OF THE ACT SHALL NOT APPLY UNLESS THE TRUST IS REGISTERED UNDER SECTION 12AA OF THE ACT. IN THIS VIEW OF THE MATTER EVEN CORPUS CONTRIBUTION WILL NOT BE ELIGIBLE FOR EXEMPTION UNDER SECTION 11, A S THE ASSESSEE TRUST DID NOT HAVE REQUISITE APPROVAL UNDER SECTION 12AA OF THE ACT. FURTHER, THERE WAS INSERTION OF CLAUSE (D ) TO SECTION 11(1) OF THE ACT BY THE DIRECT TAX LAWS (AMENDMENT) ACT, 1987, WITH EFFECT FROM 01.4.1989. SECTION 2(24) OF THE ACT HA S ALSO BEEN AMENDED BY THE SAME AMENDMENT ACT. THE EFFECT OF AMENDMENT IS THAT ALTHOUGH CORPUS DONATION SHOULD BE TREATED AS INCOME IN THE HANDS OF THE RECIPIENT, BUT IN THE CASE OF TRUST OR INSTITUTION, WHO COMPLY WITH THE REQUIREMENT FOR EXEMPTION UNDER SECTION 11 OF THE ACT, THEY WILL BE EXEMPTED FROM THEIR INCOME. HOWEVER, IN CASE THE TRUST OR INSTITUTION LOSES THE PRINT TO PDF WITHOUT THIS MESSAGE BY PURCHASING NOVAPDF ( HTTP://WWW.NOVAPDF.COM/ ) : - 5 - : EXEMPTION UNDER SECTION 11 OF THE ACT, EITHER BY NOT COMPLYING WITH THE CONDITION LAID DOWN IN SECTION 12A OF THE ACT OR BY FALLING WITHIN T HE MISCHIEF OF SECTION 13 OF THE ACT, CORPUS DONATION WILL BE INCLUDED IN THE INCOME OF THE INSTITUTION AND WILL BE ASSESSED ACCORDINGLY. 4(6) IN VIEW OF ABOVE, THE VOLUNTARY DONATIO NS AS COMPUTED BY THE AO AT RS. 2,00,34,095/ - AT PAGE 8 OF THE ASSESSMENT O RDER ARE INCOME OF THE ASSESSEE. THE APPELLANT HAS NOT BEEN REGISTERED UNDER SECTION 12A OF THE ACT FOR THE YEAR UNDER CONSIDERATION AND THEREFORE EXEMPTION UNDER SECTION 11 OF THE ACT IS NOT AVAILABLE TO THE APPELLANT. THE VOLUNTARY DONATIONS CORPUS OR OT HERWISE ARE INCOME OF THE APPELLANT. THE EVIDENCE REGARDING CORPUS DONATION IS IN ANY CASE NOT BROUGHT ON RECORD. ALL THE DONATIONS ARE R ECEIVED IN CASH AND ESSENTIAL IN GREDIENTS OF SECTION 68 OF THE ACT WITH REGARD TO IDENTITY, CREDITWORTHINESS AND GENUIN ENESS HAVE ALSO NOT BEEN PROVED TO THE SATISFACTION OF THE AO. THE AO HAS THEREFORE RIG HTLY INCLUDED THE AMOUNT OF RS. 2,00,34,095/ - TO THE INCOME OF THE APPELLANT. THE ADDITION OF RS. 2,00,34,095/ - IS CONFIRMED. THE GROUND OF APPEAL FAILS AND IS REJECTED. 4 . AGGRIEVED, THE ASSESSEE HAS PREFERRED AN APPEAL BEFORE THE TRIBUNAL AND REITERATED ITS CONTENTIONS. 5 . THE LD. D.R., ON THE OTHER HAND, HAS PLACED RELIANCE UPON THE ORDER OF THE LD. CIT(A). 6 . WE HAVE CAREFULLY EXAMINED THE ORDERS OF THE LOWER AUTHORITIES AND H EARD THE RIVAL SUBMISSIONS. IT IS AN UNDISPUTED FACT THAT REGISTRATION UNDER SECTION 12A OF THE ACT WAS NOT AVAILABLE WITH THE ASSESSEE FOR THE IMPUGNED ASSESSMENT YEAR. THEREFORE, THE BENEFIT OF EXEMPTION UNDER SECTION 11 OF THE ACT CANNOT BE GIVEN TO T HE ASSESSEE. THOUGH THE ASSESSEE HAS CLAIMED THAT THE DONATIONS WERE MADE TO THE ASSESSEE - SOCIETY DIRECTLY TO THE CORPUS AND ARE NOT ASSESSABLE TO TAX, BUT THIS ARGUMENT CAN PRINT TO PDF WITHOUT THIS MESSAGE BY PURCHASING NOVAPDF ( HTTP://WWW.NOVAPDF.COM/ ) : - 6 - : ONLY BE CONSIDERED WHEN THE BENEFIT OF EXEMPTION UNDER SECTION 11 OF THE ACT IS A VAILABLE TO THE ASSESSEE. IN THE ABSENCE OF ANY BENEFIT OF EXEMPTION UNDER SECTION 11 OF THE ACT, THIS ARGUMENT HAS NO RELEVANCE AND THE ENTIRE RECEIPTS IN THE HANDS OF THE ASSESSEE ARE TO BE EXAMINED AS A NORMAL CASH CREDIT INTRODUCED IN THE BOOKS OF ACC OUNT, FOR WHICH ASSESSEE IS REQUIRED TO FURNISH THE RELEVANT INFORMATION WITH REGARD TO THE IDENTITY AND CREDITWORTHINESS OF THE CREDITORS AND GENUINENESS OF THE TRANSACTION. BUT IN THE INSTANT CASE, THE ASSESSEE HAS NOT FURNISHED THE REQUIRED INFORMATION BEFORE THE ASSESSING OFFICER AND THE ASSESSING OFFICER WAS CONSTRAINED TO TREAT THE ENTIRE RECEIPTS AS UNEXPLAINED CASH CREDIT UNDER SECTION 68 OF THE ACT, WHICH WAS LATER ON CONFIRMED BY THE LD. CIT(A). SINCE THE LD. CIT(A) HAS ADJUDICATED THE ISSUE IN THE LIGHT OF THE RELEVANT PROVISIONS OF THE ACT, WE FIND NO INFIRMITY THEREIN. ACCORDINGLY WE CONFIRM THE SAME. 7 . WITH REGARD TO GROUND NO.2, THE LD. COUNSEL FOR THE ASSESSEE HAS RAISED A PRELIMINARY OBJECTION THAT THIS ASSESSMENT WAS FRAMED CONSEQUENT TO T HE ORDER OF THE LD. COMMISSIONER OF INCOME - TAX PASSED UNDER SECTION 263 OF THE ACT AND WHILE FRAMING ASSESSMENT CONSEQUENT TO THE ORDER OF THE LD. COMMISSIONER OF INCOME - TAX PASSED UNDER SECTION 263 OF THE ACT, THE ASSESSING OFFICER HAS A LIMITED JURISDICT ION TO FRAME THE ASSESSMENT ONLY ON THOSE ISSUES ON WHICH ASSESSMENT ORDER WAS SET ASIDE IN THE FIRST ROUND. IN THE INSTANT CASE, THE ORDER WAS SET ASIDE BY THE LD. COMMISSIONER OF INCOME - TAX UNDER SECTION 263 OF THE ACT ON THE ISSUE OF RECEIPT OF DONATIO NS AND ITS TREATMENT IN THE HANDS OF THE ASSESSEE. THEREFORE, THE ASSESSING OFFICER HAS A LIMITED JURISDICTION TO EXAMINE THE ISSUE OF RECEIPT OF DONATIONS IN THE HANDS OF THE ASSESSEE. HE HAS NO OTHER JURISDICTION TO ENTERTAIN OR ADJUDICATE OTHER ISSUES WHILE FRAMING THE ASSESSMENT CONSEQUENT TO THE ORDER UNDER SECTION 263 OF THE ACT. IN SUPPORT OF HIS CONTENTION, THE LD. COUNSEL FOR THE ASSESSEE HAS PLACED RELIANCE UPON THE PRINT TO PDF WITHOUT THIS MESSAGE BY PURCHASING NOVAPDF ( HTTP://WWW.NOVAPDF.COM/ ) : - 7 - : JUDGMENT OF THE HON'BLE JURISDICTIONAL HIGH COURT IN THE CASE OF CIT VS. MANSA RAM AND SONS [1991] 190 ITR 453; HON'BLE GUJARAT HIGH COURT IN THE CASE OF CIT VS. D.N. DOSANI [2006] 280 ITR 275 AND THE HON'BLE CALCUTTA HIGH COURT IN THE CASE OF CIT VS. HINDUSTAN COCONUT OIL MILL, 174 CTR 583, IN WHICH IT HAS BEEN REPEATEDLY HELD THAT WHILE FRAMING THE ASSESSMENT CONSEQUENT TO THE ORDER UNDER SECTION 263 OF THE ACT, THE INCOME TAX OFFICERS ENQUIRY IS LIMITED TO ONLY ON THOSE ISSUES ON WHICH ASSESSMENT ORDER WAS SET ASIDE AND HE COULD NOT MAKE ANY OTHER ADDITION TO THE ASSESSEES INCOME . 8 . THE LD. D.R., ON THE OTHER HAND, HAS PLACED RELIANCE UPON THE ORDER OF THE LD. CIT(A). 9 . HAVING GIVEN A THOUGHTFUL CONSIDERATION TO THE RIVAL SUBMISSIONS AND FROM A CAREFUL PERUSAL OF THE ORDERS OF THE LOWER AUTHORITIES, WE FIND THAT THE LD. CIT VIDE ORDER PASSED UNDER SECTION 263 OF THE ACT HAS SET ASIDE THE ISSUE OF RECEIPT OF DONATIONS BY THE ASSESSEE - SOCIETY AND WHILE FRAMING THE ASSESSMENT CONSEQUENT TO THE AFORESAID ORDER UNDER SECTION 263 OF THE ACT, THE ASSESSING OFFICER HAS MADE AN ATTEMPT TO ADJUD ICATE OTHER ISSUES WITH REGARD TO THE ALLOWABILITY OF ADVERTISEMENT, RENT AND OTHER EXPENSES. THE SCOPE OF JURISDICTION OF THE ASSESSING OFFICER IS VERY LIMITED AND HE CAN ONLY EXAMINE THE ISSUES WHICH WERE SET ASIDE BY THE LD. COMMISSIONER OF INCOME - TAX U NDER SECTION 263 OF THE ACT. THE OTHER ISSUES CANNOT BE EXAMINED BY THE ASSESSING OFFICER WHILE FRAMING THE ASSESSMENT CONSEQUENT TO THE ORDER PASSED UNDER SECTION 263 OF THE ACT. 10 . THE HON'BLE JURISDICTIONAL HIGH COURT IN THE CASE OF CIT VS. MANSA RAM AN D SONS (SUPRA) HAS CATEGORICALLY HELD THAT THE LD. COMMISSIONER OF INCOME - TAXS ORDER LIMITS THE INCOME TAX OFFICERS JURISDICTION ONLY TO THE ITEMS MENTIONED IN HIS ORDER. IF SO, THE INCOME TAX OFFICER HAS NO POWER TO ADD OTHER AMOUNTS OR TO MAKE OTHER A DDITIONS TO THE ASSESSEES INCOME. HIS ENQUIRY WAS LIMITED ONLY TO THE ITEMS MENTIONED IN THE ORDER PASSED PRINT TO PDF WITHOUT THIS MESSAGE BY PURCHASING NOVAPDF ( HTTP://WWW.NOVAPDF.COM/ ) : - 8 - : UNDER SECTION 263 OF THE ACT. SIMILAR VIEW WAS EXPRESSED BY THE HON'BLE GUJARAT HIGH COURT IN THE CASE OF CIT VS. D.N. DOSANI (SUPRA) BY HOLDING TH AT IN THE FRESH ASSESSMENT ORDER PASSED IN PURSUANCE OF THE CONSOLIDATED O R DER UNDER SECTION 263 OF THE ACT, THE ASSESSING OFFICER WAS ENTITLED TO CONSIDER ONLY THOSE ITEMS WHICH HAD BEEN CONSIDERED BY THE LD. COMMISSIONER OF INCOME - TAX AND WAS NOT ENTITLE D TO CONSIDER ANY OTHER ITEM AFRESH FOR MAKING ADDITION. AGAIN , SIMILAR VIEW WAS EXPRESSED BY THE HON'BLE CALCUTTA HIGH COURT IN THE CASE OF CIT VS. HINDUSTAN COCONUT OIL MILL (SUPRA) . 11 . FOLLOWING THE AFORESAID JUDGMENTS OF VARIOUS HIGH COURTS, WE ARE OF TH E CONSIDERED VIEW THAT SCOPE OF JURISDICTION OF THE ASSESSING OFFICER IS LIMITED AND HE CANNOT EXAMINE OTHER ISSUES OF ADVERTISEMENT EXPENSES, RENT AND OTHER EXPENSES WHICH WERE NOT RATHER REFERRED TO IN THE ORDER PASSED UNDER SECTION 263 OF THE ACT. WE, THEREFORE, SET ASIDE THE ORDER OF THE LD. CIT(A) IN THIS REGARD AND DELETE THE ADDITIONS MADE ON ACCOUNT OF ADVERTISEMENT, RENT AND OTHER EXPENSES. ACCORDINGLY, THE APPEAL OF THE ASSESSEE IS PARTLY ALLOWED. 12 . IN THE RESULT, APPEAL OF THE ASSESSEE IS PARTLY ALLOWED. ORDER WAS PRONOUNCED IN THE OPEN COURT ON THE DATE MENT I ONED ON THE CAPTION PAGE. SD/ - SD/ - [ A. K. GARODIA ] [ S UNIL KUMAR Y ADAV ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 29 TH AUGUST , 2014 JJ: 2808 COPY FORWARDED TO: PRINT TO PDF WITHOUT THIS MESSAGE BY PURCHASING NOVAPDF ( HTTP://WWW.NOVAPDF.COM/ ) : - 9 - : 1 . APPELLANT 2 . RESPONDENT 3 . CIT(A) 4 . CIT 5 . DR ASSISTANT REGISTRAR PRINT TO PDF WITHOUT THIS MESSAGE BY PURCHASING NOVAPDF ( HTTP://WWW.NOVAPDF.COM/ )