NAVBHARAT URBAN COOPERATIVE CREDIT SOCIETY LIMITED, THANE V. INCOME TAX OFFICER, WARD 4(3), THANE

ITA 6964/MUM/2017

• Counselvise Citation: [2018] 112 COUNSELVISE.COM (IT) 5620 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-11-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 08-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K BEPARI
• Keywords: Business income; Question of law; Set aside
• Section: 271(1)(c); 80P; 201; 56

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE S/ SHRI B.R. BASKARAN (AM) & SANDEEP GOSAIN (JM) I.T.A. NO. 6964 /MUM/20 1 7 (ASSESSMENT YEAR 20 12 - 13 ) NAVBHARAT URBAN COOPERATIVE CREDIT SOCIETY LTD. GROUND FLOOR, SIDDHIVINAYAK DARSHAN APA RTMENT, PHADNIS MARG, PARNAKA, VASAI THANE, PIN: 401 201. PAN : AAAAN5201B VS. ITO WARD 4(3) ASHAR IT PARK WAGHALE INDL. ESTATE, ROAD NO. 16Z, THANE PIN - 400 604. ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY SHRI BHUPENDRA SHAH DEPARTMENT BY SHRI S .K. BEPARI DATE OF HEARING 1 9 . 1 1 . 201 8 DATE OF PRONOUNCEMENT 19 . 1 1 . 201 8 O R D E R PER B.R. BASKARAN (AM) : - THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 15.9.2017 PASSED BY THE LEARNED CIT(A) - 3, THANE AND IT RELATES TO A. Y. 2012 - 13. GROUNDS OF APPEAL READ AS UNDER : - 1) IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE LEARNED ASSESSING OFFICER ERRED IN DISALLOWING DEDUCTION CLAIMED OF ` 4 ,28,872/ - U/S. 80P(2)(A)(I) OF THE ACT BY DISREGARDING THE FACT THAT THE IN TEREST WAS RECEIVED ON TERM DEPOSIT FROM SBI. 2) IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE LEARNED ASSESSING OFFICER ERRED IN DISALLOWING DEDUCTION CLAIMED OF ` 10,34,000/ - U/S. 80P(2)(A)(I) OF THE ACT BY DISREGARDING THE FACT THAT THE CO MMISSION WAS RECEIVED FROM MSEB. 3) IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE LEARNED ASSESSING OFFICER ERRED IN INITIATING PENALTY U/S. 271(1)(C) OF THE ACT AND INTEREST U/S. 234A, B, C, & D. 4) IN THE FACTS AND CIRCUMSTANCES OF THE CAS E AND IN LAW, THE LEARNED COMMISSIONER OF INCOME TAX (A) ERRED IN CONFIRMING THE CONTENTIONS RAISED BY THE ASSESSING OFFICER. NAVBHARAT URBAN COOPERATIVE CREDIT SOCIETY LTD. 2 2. GROUND NO. 3&4 ARE GENERAL IN NATURE. GROUND NO. 1 RELATES TO DISALLOWANCE OF DEDUCTION CLAIMED U/S. 80P OF THE ACT ON INTERE ST INCOME RECEIVED FROM DEPOSITS KEPT WITH STATE BANK OF INDIA. 3. WE HAVE HEARD THE PARTIES AND PERUSED THE RECORD. WE NOTICED THAT THE ASSESSEE IS A CREDIT COOPERATIVE SOCIETY PROVIDING CREDIT FACILITY TO ITS MEMBERS. IT COLLECTS DEPOSIT FROM ITS MEM BERS AND ADVANCE LOAN TO ITS MEMBE RS. THE ASSESSEE HAS KEPT ITS IDLE FUNDS AS DEPOSITS WITH STATE BANK OF INDIA. THE ASSESSEE EARNED INTEREST INCOME OF ` 4,28,872/ - ON THOSE FIXED DEPOSITS . THE ASSESSING OFFICER APPLIED PROVISIONS OF SECTION 80P(2)(D) OF T HE ACT AND HELD THAT INTEREST EARNED FROM STATE BANK OF INDIA IS NOT ELIGIBLE FOR DEDUCTION U/S. 80P OF THE ACT. THE LEARNED CIT(A) ALSO CONFIRMED THE SAME. 4. THE LEARNED AR SUBMITTED THAT THE ASSESSEE HAS CLAIMED DEDUCTION ON ABOVE SAID INTEREST INCOME U/S. 80P(2)(A)(I) OF THE ACT ONLY AND NOT U/S 80P(2)(D) OF THE ACT. THE LEARNED AR SUBMITTED THAT AN IDENTICAL ISSUE WAS CONSIDERED BY MUMBAI BENCH OF THE ITAT IN THE CASE OF SHRI TATYASAHEB MOHITE NAGARI SAHAKARI PATPEDHI LTD. (ITA NO. 412/MUM/2018 DATED 3.4.2018). 5. WE HAVE HEARD LEARNED DR AND PERUSED RECORD. WE NOTICED THAT AN IDENTICAL ISSUE WAS CONSIDERED BY THIS BENCH O F THE TRIBUNAL IN THE CASE RELIED UPON BY LD A.R AND IT WAS DECIDED IN FAVOUR OF THE ASSESSEE. F OR THE SAKE OF CONVENIENCE, WE EXTR ACT BELOW OPERATIVE PORTION OF THE ORDER : - 6. WE NOTICED THAT THE LEARNED CIT(A) HAS TAKEN SUPPORT OF THE DECISION RENDERED BY THE TRIBUNAL IN THE CASE OF SHRI SAIDATTA COOPERATIVE CREDIT SOCIETY LTD. (SUPRA), WHEREIN THE TRIBUNAL HAS DECIDED THIS ISSUE A GAINST THE ASSESSEE BY CONSIDERING THE DECISION RENDERED BY HON'BLE SUPREME COURT IN THE CASE OF TODGARS COOPERATIVE SALE SOCIETY LTD. (SUPRA). HOWEVER, WE NOTICED THAT HON'BLE KARNATAKA HIGH COURT HAS ALSO CONSIDERED THE DECISION OF TODGARS COOPERATIVE SA LE SOCIETY LTD. (SUPRA) IN THE CASE OF TUMKUR MERCHANTS SOUHARDA CREDIT COOPERATIVE LTD. (SUPRA) AND HELD THAT INTEREST INCOME IS ATTRIBUTABLE TO CARRYING ON THE BUSINESS OF THE ASSESSEE AND THEREFORE IT IS LIABLE TO BE DEDUCTED U/S. 80P(2)(A)(I) OF NAVBHARAT URBAN COOPERATIVE CREDIT SOCIETY LTD. 3 THE AC T. THE 'SMC' BENCH OF THE TRIBUNAL IN THE CASE OF JAOLI TALUK SAHAKARI PATPEDHI MARYADIT (SUPRA) HAS FOLLOWED THE DECISION RENDERED BY HON'BLE KARNATAKA HIGH COURT IN THE CASE OF TUMKUR MERCHANTS SOUHARDA CREDIT COOPERATIVE LTD. (SUPRA). FOR THE SAKE OF CO NVENIENCE, WE EXTRACT BELOW THE OPERATIVE PORTION OF THE ORDER PASSED BY THE TRIBUNAL IN THE ABOVE SAID CASE : - '9. I HEARD THE PARTIES AND PERUSED THE RECORD. IN MY VIEW, THE DECISION RENDERED BY HON'BLE KARNATAKA HIGH COURT IN THE CASE OF TUMKUR MERCHANT S SOUHARDA CREDIT COOPERATIVE LTD (SUPRA) SQUARELY APPLIES TO THE FACTS OF THE PRESENT CASE. IN THE CASE BEFORE THE HON'BLE KARNATAKA HIGH COURT ALSO, THE ASSESSEE CLAIMED DEDUCTION U/S 80P(2)(A)(I) ON THE INTEREST INCOME EARNED FROM DEPOSITS KEPT WITH BAN KS ON THE REASONING THAT THE SAME SHALL FORM PART OF ITS BUSINESS INCOME. THE HON'BLE HIGH COURT UPHELD THE SAID VIEW BY DULY CONSIDERING THE DECISION RENDERED BY HON'BLE SUPREME COURT IN THE CASE OF TOTGARS COOPERATIVE SALE SOCIETY LTD (SUPRA). FOR THE SA KE OF CONVENIENCE, I EXTRACT BELOW THE OBSERVATIONS MADE BY THE HON'BLE KARNATAKA HIGH COURT: - '8. THEREFORE, THE WORD 'ATTRIBUTABLE TO' IS CERTAINLY WIDER IN IMPORT THAN THE EXPRESSION 'DERIVED FROM'. WHENEVER THE LEGISLATURE WANTED TO GIVE A RESTRICTE D MEANING, THEY HAVE USED THE EXPRESSION 'DERIVED FROM'. THE EXPRESSION 'ATTRIBUTABLE TO' BEING OF WIDER IMPORT, THE SAID EXPRESSION IS USED BY THE LEGISLATURE WHENEVER THEY INTENDED TO GATHER RECEIPTS FROM SOURCES OTHER THAN THE ACTUAL CONDUCT OF THE BUSI NESS. A COOPERATIVE SOCIETY WHICH IS CARRYING ON THE BUSINESS OF PROVIDING CREDIT FACILITIES TO ITS MEMBERS, EARNS PROFITS AND GAINS OF BUSINESS BY PROVIDING CREDIT FACILITIES TO ITS MEMBERS. THE INTEREST INCOME SO DERIVED OR THE CAPITAL, IF NOT IMMEDIATEL Y REQUIRED TO BE LENT TO THE MEMBERS, THEY CANNOT KEEP THE SAID AMOUNT IDLE. IF THEY DEPOSIT THIS AMOUNT IN BANK SO AS TO EARN INTEREST, THE SAID INTEREST INCOME IS ATTRIBUTABLE TO THE PROFITS AND GAINS OF THE BUSINESS OF PROVIDING CREDIT FACILITIES TO ITS MEMBERS ONLY. THE SOCIETY IS NOT CARRYING ON ANY SEPARATE BUSINESS FOR EARNING SUCH INTEREST INCOME. THE INCOME SO DERIVED IS THE AMOUNT OF PROFITS AND GAINS OF BUSINESS ATTRIBUTABLE TO THE ACTIVITY OF CARRYING ON THE BUSINESS OF BANKING OR PROVIDING CRED IT FACILITIES TO ITS MEMBERS BY A CO - OPERATIVE SOCIETY AND IS LIABLE TO BE DEDUCTED FROM THE GROSS TOTAL INCOME UNDER SECTION 80P OF THE ACT. 9. IN THIS CONTEXT WHEN WE LOOK AT THE JUDGMENT OF THE APEX COURT IN THE CASE OF M/S. TOTGARS CO - OPERATIVE SALE SO CIETY LTD., ON WHICH RELIANCE IS PLACED, THE SUPREME COURT WAS DEALING WITH A CASE WHERE THE ASSESSEE - COOPERATIVE SOCIETY, APART FROM PROVIDING CREDIT FACILITIES TO THE MEMBERS, WAS ALSO IN THE BUSINESS OF MARKETING OF NAVBHARAT URBAN COOPERATIVE CREDIT SOCIETY LTD. 4 AGRICULTURAL PRODUCE GROWN BY ITS MEM BERS. THE SALE CONSIDERATION RECEIVED FROM MARKETING AGRICULTURAL PRODUCE OF ITS MEMBERS WAS RETAINED IN MANY CASES. THE SAID RETAINED AMOUNT WHICH WAS PAYABLE TO ITS MEMBERS FROM WHOM PRODUCE WAS BOUGHT, WAS INVESTED IN A SHORT - TERM DEPOSIT/SECURITY. SUCH AN AMOUNT WHICH WAS RETAINED BY THE ASSESSEE - SOCIETY WAS A LIABILITY AND IT WAS SHOWN IN THE BALANCE SHEET ON THE LIABILITY SIDE. THEREFORE, TO THAT EXTENT, SUCH INTEREST INCOME CANNOT BE SAID TO BE ATTRIBUTABLE EITHER TO THE ACTIVITY MENTIONED IN SECTI ON 80P(2)(A)(I)OF THE ACT OR UNDER SECTION 80P(2)(A)(III) OF THE ACT. THEREFORE IN THE FACTS OF THE SAID CASE, THE APEX COURT HELD THE ASSESSING OFFICER WAS RIGHT IN TAXING THE INTEREST INCOME INDICATED ABOVE UNDER SECTION 56 OF THE ACT. FURTHER THEY MADE IT CLEAR THAT THEY ARE CONFINING THE SAID JUDGMENT TO THE FACTS OF THAT CASE. THEREFORE IT IS CLEAR, SUPREME COURT WAS NOT LAYING DOWN ANY LAW. 10. IN THE INSTANT CASE, THE AMOUNT WHICH WAS INVESTED IN BANKS TO EARN INTEREST WAS NOT AN AMOUNT DUE TO ANY ME MBERS. IT WAS NOT THE LIABILITY. IT WAS NOT SHOWN AS LIABILITY IN THEIR ACCOUNT. IN FACT THIS AMOUNT WHICH IS IN THE NATURE OF PROFITS AND GAINS, WAS NOT IMMEDIATELY REQUIRED BY THE ASSESSEE FOR LENDING MONEY TO THE MEMBERS, AS THERE WERE NO TAKERS. THEREF ORE THEY HAD DEPOSITED THE MONEY IN A BANK SO AS TO EARN INTEREST. THE SAID INTEREST INCOME IS ATTRIBUTABLE TO CARRYING ON THE BUSINESS OF BANKING AND THEREFORE IT IS LIABLE TO BE DEDUCTED IN TERMS OF SECTION 80P(1) OF THE ACT. IN FACT SIMILAR VIEW IS TAKE N BY THE ANDHRA PRADESH HIGH COURT IN THE CASE OF CIT V. ANDHRA PRADESH STATE CO - OPERATIVE BANK LTD., [2011] 200 TAXMAN 220/12 TAXMANN.COM66. IN THAT VIEW OF THE MATTER, THE ORDER PASSED BY THE APPELLAT E AUTHORITIES DENYING THE BENEFIT OF DEDUCTION OF THE AFORESAID AMOUNT IS UNSUSTAINABLE IN LAW. ACCORDINGLY IT IS HEREBY SET ASIDE. THE SUBSTANTIAL QUESTION OF LAW IS ANSWERED IN FAVOUR OF THE ASSESSEE AND AGAINST THE REVENUE. HENCE, WE PASS THE FOLLOWING ORDER.' 11. RESPECTFULLY FOLLOWING THE DECISION RENDERED BY HON'BLE KARNATAKA HIGH COURT, REFERRED ABOVE, I SET ASIDE THE ORDER OF LD CIT(A) ON THIS ISSUE AND DIRECT THE AO TO ALLOW DEDUCTION U/S 80P OF THE ACT.' 7. ACCORDINGLY, BY FOLLOWING THE DECISION R ENDERED BY HON'BLE KARNATAKA HIGH COURT (REFERRED SUPRA), WE SET ASIDE THE ORDER PASSED BY THE LEARNED CIT(A) AND DIRECT THE ASSESSING OFFICER TO ALLOW DEDUCTION OF INTEREST INCOME U/S. 80P(2)(A)(I) OF THE ACT. 6. SINCE FACTS PREVAILING IN THE INSTANCE CAS E ARE IDENTICAL WITH THE CASE RELIED UPON BY LEARNED AR, FOLLOWING THE SAME, WE SET ASIDE THE ORDER PASSED NAVBHARAT URBAN COOPERATIVE CREDIT SOCIETY LTD. 5 BY THE LEARNED CIT(A) ON THIS ISSUE AND DIRECT THE ASSESSING OFFICER TO ALLOW DEDUCTION U/S. 80P(2)(A)(I) OF THE ACT IN RESPECT OF INTEREST INCOME RE FERRED ABOVE. 7. NEXT ISSUE RELATES TO REJECTION OF CLAIM FOR DEDUCTION U/S. 80P(2)(A)(I) OF THE ACT ON COMMISSION INCOME OF ` 10.34 LAKHS EARNED BY THE ASSESSEE FROM MAHARASHTRA STATE ELECTRICITY BOARD (MSEB). 8. THE ASSESSING OFFICER NOTICED THAT T HE ASSESSEE WAS ALSO ENGAGED IN THE ACTIVITY OF COLLECTING DUES FROM THE CUSTOMERS OF MSEB ON ITS BEHALF. I N TURN, IT WAS GETTING COMMISSION FROM MSEB. D URING THE YEAR UNDER CONSIDERATION, THE ASSESSEE RECEIVED COMMISSION INCOME OF RS.10.84 LAKHS AND CLA IMED AS DEDUCTION U/S 80P(2)(A)(I) OF THE ACT . THE ASSESSING OFFICER TOOK THE VIEW THAT THE ASSESSEE HAS DERIVED COMMISSION INCOME FROM A NON - MEMBER AND HENCE THE SAME IS TAXABLE U/S. 80P(2)(C) OF THE ACT. ACCORDINGLY, BY ALLOWING DEDUCTION OF RS.50,000/ - , THE ASSESSING OFFICER ASSESSED BALANCE AMOUNT OF ` 10.34 LAKHS AS INCOME OF THE ASSESSEE UNDER THE HEAD INCOME FROM OTHER SOURCES. THE LEARNED CIT(A) ALSO CONFIRMED THE SAME. 8. THE LEARNED AR SUBMITTED THAT AN IDENTICAL ISSUE WAS CONSIDERED BY THE P UNE SMC BENCH IN THE CASE OF DRONAGIRI NAGRI SAHAKARI PATSANSTHA MARYADIT (ITA NO. 1183/PUNE/2017 DATED 20.6.2018) AND IT WAS DECIDED IN FAVOUR OF THE ASSESSEE. 9. WE HEARD LEARNED DR AND PERUSED THE RECORD. WE NOTICED THAT AN IDENTICAL ISSUE WAS CONSIDE RED BY THE PUNE SMC BENCH IN THE ABOVE CITED CASE AND THE SAME HAS BEEN DECIDED IN FAVOUR OF THE ASSESSEE WITH FOLLOWING OBSERVATIONS : - 10. AFTER HEARING BOTH THE LEARNED COUNSEL FOR ASSESSEE AND THE LEARNED DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE, IT TRANSPIRES THAT SIMILAR ISSUE OF ELECTRICITY COMMISSION AROSE BEFORE THE TRIBUNAL IN THE CASE OF BANGANGA NAGRI SAHAKARI PATSANSTHA LTD. VS. ITO ( ITA NO.1521 & 1522/PN/2015 DATED 10 - 03 - 2016 ), WHEREIN IT WAS HELD AS UNDER: - NAVBHARAT URBAN COOPERATIVE CREDIT SOCIETY LTD. 6 '10. WE HAVE CAREFULLY CONSIDERE D THE RIVAL SUBMISSIONS, ORDERS OF THE AUTHORITIES BELOW AND CASE LAW CITED. THE SHORT QUESTION BEFORE US IS TO DETERMINE ELIGIBILITY OF DEDUCTION UNDER SECTION 80P OF THE ACT IN RESPECT OF INCOME EARNED FROM CERTAIN ALLIED ACTIVITIES VIZ. (I) LOCKER RENT; (II) AMBULANCE RENT; (III) COMMISSION ON COLLECTION OF MSEB BILLS; AND (IV) HEALTH CLUB BY COOPERATIVE CREDIT SOCIETY CARRYING ON BANKING BUSINESS. THE ALTERNATE GROUND AGITATED BY THE ASSESSEE IS TOWARDS AD - HOC ESTIMATION OF EXPENSES IN RELATION TO SUCH INCOME @ 10% OF THE GROSS RECEIPT AS AGAINST ACTUAL AND PROPORTIONATE EXPENSES ATTRIBUTABLE FOR THE PURPOSE OF CARRYING ON SUCH ALLIED ACTIVITIES. THIS HAS RESULTED IN HIGHER INCIDENCE OF TAXATION OWING TO DENIAL OF DEDUCTION UNDER SECTION 80P ON SUCH INCO ME. WE FIND THAT ELIGIBILITY OF THE ASSESSEE FOR DEDUCTION UNDER SECTION 80P OF THE ACT IN RESPECT OF LOCKER RENT INCOME IS COVERED BY THE DECISION OF THE HON BLE SUPREME COURT IN THE CASE OF MEHSANA DISTRICT CENTRAL CO - OP. BANK LTD. (SUPRA). THEREFORE, WE SET - ASIDE THE DIRECTION OF THE CIT(A) IN THIS REGARD AND HOLD THAT THE ASSESSEE IS ELIGIBLE FOR DEDUCTION UNDER SECTION 80P OF THE ACT IN RESPECT OF THIS INC OME. WITH RESPECT TO THE INCOME FROM RUNNING OF AMBULANCE, WHILE HOLDING THAT THE ASSESSEE IS NOT ELIGIBLE FOR DEDUCTION UNDER SECTION 80P(2)(A) OR (B), WE ARE IN TOTAL AGREEMENT WITH THE ALTERNATE PLEA OF THE ASSESSEE THAT THE EXPENSES ATTRIBUTABLE FOR TH E PURPOSE OPERATING SUCH ACTIVITY OUGHT TO HAVE TO BE ALLOWED ON ACTUAL/PROPORTIONATE BASIS. WE ARE OF THE VIEW THAT THE ACTION OF THE CIT(A) IN RESTRICTING THE EXPENSES ARTIFICIALLY @ 10% OF THE GROSS INCOME FROM SUCH ACTIVITIES IS NOT SUSTAINABLE IN LAW BEING DEVOID OF OBJECTIVITY. THE ASSESSING OFFICER IS ACCORDINGLY DIRECTED TO ALLOW THE EXPENSES WHICH ARE ATTRIBUTABLE TO THE RUNNING OF AMBULANCE AND DETERMINE THE INCOME FROM THE AFORESAID ACTIVITY. THE SURPLUS IF ANY, FROM THIS ACTIVITY WOULD BE ENTITL ED TO RELIEF MADE RESIDUARY CLAUSE OF SECTION 80P(2)(C)(II). WE ALSO NOTICE THAT THE INCOME FROM MSEB COMMISSION IS HELD TO BE BUSINESS ACTIVITY AS PER DECISION CITED BY THE ASSESSEE IN THE CASE OF AHMEDNAGAR DISTRICT CO - OPERATIVE BANK LTD. (SUPRA) AND OTH ER DECISIONS NOTED ABOVE. ACCORDINGLY, WE HOLD THAT THE ASSESSEE IS ENTITLED TO RELIEF UNDER SECTION 80P AS PER LAW.....' 11. THE ISSUE OF ELECTRICITY COMMISSION ARISING IN THE PRESENT APPEAL IS SIMILAR TO THE ISSUE BEFORE THE TRIBUNAL AND FOLLOWING THE S AME PARITY OF REASONING, THIS ISSUE IS DECIDED IN FAVOUR OF ASSESSEE. ACCORDINGLY, RELEVANT GROUND IS ALLOWED. 10. FOLLOWING THE ABOVE SAID DECISION OF PUNE BENCH, WE SET ASIDE THE ORDER PASSED BY THE LEARNED CIT(A) AND DIRECT THE ASSESSING OFFICER TO ALL OW DEDUCTION U/S. 80(P)(2)(A)(I) OF THE ACT IN RESPECT OF COMMISSION INCOME ALSO. NAVBHARAT URBAN COOPERATIVE CREDIT SOCIETY LTD. 7 11. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS ALLOWED. ORDER HAS BE E N PRONOUNCED IN THE COURT ON 19 . 1 1 .201 8 . SD/ - SD/ - (SANDEEP GOSAIN ) (B.R.BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 1 9 / 1 1 / 20 1 8 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, M UMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( SENIOR PRIVATE SECRETARY ) PS ITAT, MUMBAI