PRAVIN D. JAIN, MUMBAI V. ITO 14(3)(4), MUMBAI

ITA 7168/MUM/2016

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 9844 (ITAT-MUMBAI)
• Duration Of Justice: 8 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-08-2017
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2009-2010
• Appeal Filed On: 06-12-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: IN
• Keywords: Bogus purchase
• Section: 143(3); 133A; 147; 144

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI BEFORE SHRI MAHAVIR SINGH , JM AND SHRI RAJESH KUMAR, AM ITA NO S . 7167 TO 7169 / MUM/ 20 1 6 ( / ASSESSMENT YEAR S : 200 8 - 09 TO 20 10 - 2 0 1 1 ) PRAVI N D JAIN , PRIO. M/S RAJENDRA METAL INDS, 225, PETIT HOUSE, SHOP NO.4, THAKURDWAR ROAD, MUMBAI - 400002 / VS. INCOME TAX OFFICER - 14(3)(4) , MUMBAI PAN : AAA B P J 6897R ( / APPELLANT) : ( / RESPONDENT ) ITA NO S . 7164 AND 7165/ MUM/ 2016 ( / ASSESSMENT YEAR S : 2010 - 11 AND 2 011 - 12 ) NAVINKUMAR S JAIN, PROP. M/S DHANLAXMI FABRICS. HS NO.1102/2, NEW KANERI, KALYAN ROAD, PANNA COMPOUND, BHIWANID, THANE - 421302 / VS. INCOME TAX OFFICER - 1(3), KALYAN. ( / APPELLANT) : ( / RESPONDENT ) ITA NO. 72 00 AND 7201 / MUM/ 201 6 ( / ASSESSMENT YEAR S : 20 10 - 11 AND 2011 - 12 ) INCOME TAX OFFICER - (1)(3), KALYAN - 1 ST FLOOR, MOHAN PLAZA, WAYALE NAGAR, KHADAKPADA, KALYAN (W) - 421301 / VS. NAVINKUMAR S JAIN, PRO P. M/S DHANLAXMI FABRICS. HS NO.1102/2, NEW KANERI, KALYAN ROAD, PANNA COMPOUND, BHIWANID, THANE - 421302 PAN : AARPJ1919N ( / APPELLANT) : ( / RESPONDENT ) 2 ITA NOS.7167 TO 7169/MUM/2016 ITA NOS .7164 AND 7165/MUM/2016 ITA NO.7200 AND 7201/MUM/2016 / ASSESSEE BY : IN ITA NOS.7167 TO 7169/M/16 NONE IN ITA NO .7164 & 7165/M/2016, 7200 AND 7201/M/2016 SHRI VIMAL PUNAMIYA / REVENUE BY : IN ITA NOS.7167 TO 7169/M/16 SHRI PURUSHOTTAM K UMAR IN ITA NO.7164 & 7165/M/2016 , 7200 AND 7201/M/2016 SHRI RAJAT MITTAL / DATE OF HEARING : 1 7.8 .2017 / DATE OF PRONOUNCEMENT : 23. 8 . 201 7 / O R D E R PER RAJESH KUMAR, A. M: APPEALS BEARING ITA NO.7167 TO 7169/MUM/2016 HAVE BEEN FILED BY THE ASSESSEE CHALLENGING THE ORDER OF LD.CIT(A) DATED 23.9.2016 FOR THE ASSESSMENT YEARS 2008 - 09 TO 2010 - 11 . APPEALS BEARING ITA NO.7164 AND 7165/MUM/2016 HAVE BEEN FILED BY THE ASSESSEE AND APPEALS BEARING ITA NO.7200 AND 7101/M/2016 ARE THE CROSS - APPEALS BY THE REVENUE. SINCE ISSUE INVOLVED IN A LL THESE APPEALS PERTAIN S TO THE ADDI TION ON ACCOUNT OF BOGUS PURCHASE, THESE APPEALS WERE CLUBBED TOGETHER, HEARD TOGETHER AND ARE BEING DISPOSED OF BY THIS COMMON ORDER, FOR THE SAKE OF CONVENIENCE THOUGH RELATE TO DIFFERENT ASSESSEES . 3 ITA NOS.7167 TO 7169/MUM/2016 ITA NOS .7164 AND 7165/MUM/2016 ITA NO.7200 AND 7201/MUM/2016 IN APPEALS NO.7167 TO 7169/MUM/2016, NEITHER THE ASSE SSEE NOR THEIR AUTHORIZED REPRESENTATIVE APPEARED BEFORE THIS TRIBUNAL WHEN THE APPEALS WERE CALLED FOR HEARING NOR ANY APPLICATION SEEKING ADJOURNMENT OF THE HEARING WAS RECEIVED IN THE OFFICE OF THE TRIBUNAL DESPITE SERVICE OF NOTICE THROUGH RPAD. THERE FORE, WE PROCEED TO DISPOSE OF THE APPEALS OF THE ASSESSEE EX - PARTE AFTER HEARING THE LD.DR. 2. FIRST WE SHALL TAKE UP THE APPEALS OF THE ASSESSEE BEARING ITA NO.7167/MUM/2016. 3. THE GROUNDS OF APPEAL NO.1 TO 4 ARE AGAINST THE UPH OLDING THE ORDER OF RE - OP ENING THE ASSESSMENT UNDER SECTION 147 R.W.S. 148 OF THE INCOME TAX ACT, 1961. 4. BRIEF FACTS OF THE CASE ARE THAT THE AO ,AFTER RECEIVING INFORMATION FROM THE SALES TAX DEPARTMENT/WING , GOVERNMENT OF MAHARASHTRA THAT THE ASSESSEE HAS TAKEN HAWALA ENTRIES FROM THE THREE PARTIES NAMELY (I) M/S TEJ CORPORATION, (II) M/S MAYUR ENTERPRISES AND (III) M/S HARI OM TRADERS, CONDUCTED A SURVEY ACTION U/S 133A OF THE ACT ON 5.12.2012 AT THE OFFICE AND GODOWN PREMISES OF THE ASSESSEE AND THEREAFTER ASSES SMENT WAS REOPENED UNDER SECTION 148 OF THE ACT BY ISSUING NOTICE DATED 17.12.2012 . IT IS APPARENT FROM THE RECORD S AND ASSESSMENT ORDER THAT THE ASSESSEE DID NOT CO - OPERATE WITH THE AO ON THE VARIOUS DATES OF 4 ITA NOS.7167 TO 7169/MUM/2016 ITA NOS .7164 AND 7165/MUM/2016 ITA NO.7200 AND 7201/MUM/2016 HEARING ALLOWED BY THE AO AND THEREFORE THE AO HAS FINALLY TO FRAME RE - ASSESSMENT EX - PARTE VIDE ASSESSMENT ORDER DATED 30.11.2013 PASSED UNDER SECTION 144 READ WITH SECTION 147 OF THE ACT BY MAKING DISALLOWANCE OF RS.1,03,35,983/ - ON ACCOUNT OF BOGUS PURCHASES. IN THE APPELLATE PROCEEDINGS , THE LD.CIT(A) UPHELD THE ACTION OF THE AO PASSED U/S 148 OF THE ACT BY OBSERVING AND HOLDING AS UNDER : 4.12. IT IS VERY CLEAR FROM THE SECTIONS THAT THE NOTICE U/S 148 CAN BE ISSUED UPTO 6 YEARS FROM THE END OF THE RELEVANT ASSESSMENT YEAR IF THE INC OME WHICH AS ESCAPED ASSESSMENT IS OR LIKELY TO BE RS.1 LAKH OR MORE. IN THIS CASE, THE ASSESSMENT YEAR INVOLVED IS AY 2008 - 09. THE NOTICE U/S 148 CAN BE ISSUED BEFORE 31.3.2015 AS THE INCOME WHICH HAS ESCAPED ASSESSMENT IS MORE THAN RS.1 LAKH. IN TH IS CASE, THE NOTICE U/S 148 HAS BEEN ISSUED ON 17.12.2012 WHICH IS ALSO WITHIN 4 YEARS AND NOT EVEN SIX YEARS. THE GROUND TAKEN BY THE APPELLANT IS FACTUALLY WRONG. THE NOTICE ISSUED U/S 148 IS WELL WITHIN THE TIE AND THE ASSESSMENT ORDER IS ALSO NOT TIM E BARRED. THIS GROUND OF APPEAL IS DISMISSED 5. WE HAVE CAREFULLY CONSIDERED THE CONTENTIONS OF LD.DR AND PERUSED THE MATERIAL PLACED BEFORE US INCLUDING THE ORDERS OF AUTHORITIES BELOW. W E FIND FROM THE RECORD THAT THE PROCEEDING U/S 148 OF THE ACT WE RE RIGHTLY INITIATED WITHIN THE PERIOD OF 6 YEARS FROM THE END OF THE ASSESSMENT YEAR AS THE INCOME ESCAP ING THE ASSESSMENT WAS OF MORE THAN RS. 1 LAKH. THERE IS NOTHING ON RECORD TO CONTROVERT THE FINDINGS OF THE LD.CIT(A ) ON THIS ISSUE. WE, THE REFORE, ARE INCLINED TO UPHOLD THE SAME. ACCORDINGLY, GROUNDS OF APPEAL NO.1 TO 4 ARE DISMISSED. 5 ITA NOS.7167 TO 7169/MUM/2016 ITA NOS .7164 AND 7165/MUM/2016 ITA NO.7200 AND 7201/MUM/2016 6. THE ISSUE RAISED IN THE GROUNDS OF APPEAL NO.5 IS AGAINST THE CONFIRMATION OF ADDITION TO THE EXTENT OF RS.12,91,295/ - BEING 12.5% OF RS.1,03,30,361/ - ( BOGUS PURCHASES) BY THE LD.CIT(A) AS AGAINST THE ADDITION MADE BY THE AO FOR THE ENTIRE BOGUS PURCHASES OF RS.1,03,30,361/ - . 7. BRIEF FACTS OF THE ARE THAT THE AO HAS RECEIVED INFORMATION FROM SALES TAX DEPARTMENT/WING, GOVERNMENT OF MAHARASHTRA THAT T HE ASSESSEE HAS AVAILED THE ENTRIES OF BOGUS PURCHASES FROM VARIOUS PARTIES TO THE TUNE OF RS.1,03,30,361/ - . DESPITE SEVERAL OPPORTUNITIES, THE ASSESSEE DID NOT RESPOND TO THE QUERIES RAISED BY THE AO AND ULTIMATELY THE ADDITION OF ENTIRE PURCHASE WERE M ADE BY THE AO BY FRAMING ASSESSMENT U/S 144 R.W.S 147 OF THE ACT . 8. IN THE APPELLATE PROCEEDINGS, THE FAA PARTLY ALLOWED THE APPEAL OF THE ASSESSEE BY SUSTAINING THE ADDITION TO THE EXTENT OF RS.12.5 % OF THE TOTAL BOGUS PURCHASES. THE LD.CIT(A) OBSERVED THAT SINCE THE AO HAS NOT DISPUTED THE SALES MADE BY THE ASSESSEE MEANING THEREBY THAT EVEN THE MATERIAL SHOWN TO HAVE BEEN PURCHASED THROUGH HAWALA OPERATORS WAS HAS BEEN SOLD AND RECORDED IN THE BOOKS OF ACCOUNT AND FINALLY CONCLUDED THAT THE GP RA TE AT THE RA T E OF 12.%% WOULD BE REASONABLE. AGGRIEVED BY THE ORDER OF LD.CIT(A), THE ASSESSEE IS IN APPEAL BEFORE US. 6 ITA NOS.7167 TO 7169/MUM/2016 ITA NOS .7164 AND 7165/MUM/2016 ITA NO.7200 AND 7201/MUM/2016 9. AFTER HEARING THE LD. DR AND PERUSING THE RECORD PLACED BEFORE US , WE FIND THAT THE ASSESSEE HAS AVAILED THE ENTRIES OF BOGUS PURCHAS ES FROM M/S HARI OM TRADERS RS.33,53,979/ - AND FROM M/S MAYUR ENTERPRISES RS.69,76,382/ - . D URING THE ASSESSMENT PROCEEDINGS, THE ASSESSEE NEITHER FILED ANY DOCUMENTARY EVIDENCE NOR CO - OPERATED WITH THE AO. AS A RESULT, TH E AO ADDED THE ENTIRE BOGUS PU RCHASE TO THE TOTAL INCOME OF THE ASSESSEE AND THUS FINALIZED THE ASSESSMENT EXPARTE . IN THE APPELLATE PROCEEDINGS, THE LD.CIT(A) AFTER EXAMINING THE VARIOUS RECORDS SUSTAINED THE ADDITION TO THE TUNE OF GP RATE OF 12.5% OF THE TOTAL PURCHASES AS MADE B Y THE AO ON THE BASIS THAT THE AO DID NOT DOUBT THE CORRESPONDING SALES THEREOF . THE LD CIT(A) ALSO OBSERVED THAT THE ASSESSEE MIGHT HA VE PURCHASED THE MATERIAL FROM THE GREY MARKET AND THUS MADE SAVINGS OF VAT, OCTROI AND OTHER RELEVANT TAXES. THE LD.C IT(A) ALSO DISTINGUISHED THE DECISION OF THE HONBLE BOMBAY HIGH COURT IN THE CASE OF CIT V/S M/S NIKUNJ EXIMP ENTERPRISES PVT LTD REPORTED IN 2015, 372 ITR 619(BOM). HAVING CAREFULLY GONE THROUGH THE FINDING OF THE LD.CIT(A) AND ALSO OTHER DECISION A S RELIED UPON BY THE FAA AND THE DECISIONS OF THE CO - ORDINATE BENCHES WHEREIN 12.5% HAS BEEN UPH E LD TOWARDS GP ADDITION IN THE CASES IF BOGUS PURCHASES , WE UPHOLD THE ORDER OF LD.CIT(A) BY DISMISSING THE GROUND OF ASSESSEE . 7 ITA NOS.7167 TO 7169/MUM/2016 ITA NOS .7164 AND 7165/MUM/2016 ITA NO.7200 AND 7201/MUM/2016 10. GROUNDS OF APPEAL NO.7 IS WITH REGARD TO THE CONFIRMATION OF DISALLOWANCE OF EXPENSES BY THE ASSESSEE TO THE EXTENT OF RS.26,622/ - AND ADDING THE SAME TO THE TOTAL INCOME OF THE ASSESSEE. 11. WE FIND FROM THE ORDER OF LD.CIT(A), THE ASSESSEE HAS NOT PRODUCED BILLS AND VOUCHERS WITH REGARD TO VARIOUS EXPENSES INCURRED SUCH AS DONATION, ADVERTISEMENT EXPENSE , AND GENERAL EXPENSES AS WELL AS ELECTRICITY AMOUNTING TO RS.26,622/ - AND THEREFORE THE FAA CONFIRMED THE SAME. ON PERUSAL OF THE RECORD, WE ARE FULLY IN AGREEMENT WITH THE L D.CIT(A) THAT THE ASSESSEE HAS FAILED TO PRODUCE NECESSARY BILLS AND VOUCHERS OF THE SAID EXPENSES AND THEREFORE THE FAA HAS RIGHTLY DISALLOWED THE SAID EXPENSES. ACCORDINGLY, WE UPHOLD THE ACTION OF THE LD.CIT(A). ACCORDINGLY , GROUND NO.7 TAKEN BY THE ASSESSEE STANDS DISMISSED. 12. GROUNDS OF APPEAL NO. 8 IS WITH REGARD TO THE CONFIRMATION OF ADDITION OF RS.1,64,362/ - AS INCOME FROM OTHER SOURCES ON ACCOUNT OF VARIOUS RECEIPTS AS APPEARING IN THE AIR DATA ON WHICH THE TDS HAVE BEEN DEDUCTED BY THE R ESPECTIVE PARTIES. 13 . WE FIND FROM THE ORDER OF LD.CIT(A), THE ASSESSEE HAS FAILED TO PRODUCE THE EVIDENCE S OF RS.1,64,362/ - WITH REGARDS TO VARIOUS RECEIPTS AS APPEARING IN AIR ON WHICH TDS WAS ALSO DEDUCTED. IN OUR OPINION THE 8 ITA NOS.7167 TO 7169/MUM/2016 ITA NOS .7164 AND 7165/MUM/2016 ITA NO.7200 AND 7201/MUM/2016 FAA HAS RIGHTLY DIRECT ED THE AO TO VERIFY WHETHER THE SAID INCOME HAS BEEN DECLARED BY THE ASSESSEE IN THE RETURN OF INCOME AND IF NOT ASSESS ACCORDINGLY. THE AO IS DIRECTED TO DECIDE AS DIRECTED BY THE FAA. THE GROUND ALLOWED FOR STATISTICAL PURPOSES. 1 4 . IN THE RESULT, THE APPEAL OF THE ASSESSEE STANDS PARTLY ALLOWED FOR STATISTICAL PURPOSES. ITA NOS.7168 TO 7169/MUM/2016 (AY - 2009 - 10 AND 2010 - 2011) 1 5 . FACTS OF THESE CASE S ARE MATERIALLY SAME TO THAT OF ITA NO. 7167/ MUM/2016. SINCE WE HAVE ALREADY DECIDED THE ISSUE OF RE - OPENING AND OF BOGUS PURCHASES IN ITA NO. 7167/MUM/2016 , WE APPLY THE SAME ANALOGY TO THESE APPEALS AS WELL AND THUS UPHOLD THE ORDER OF CIT(A) ALSO. 16. ACCORDINGLY, THE APPEALS FILED BY THE ASSESSEE ARE DISMISSED. ITA NOS.7164/MUM/2016 1 7 AT THE TIME OF HEARING, THE LD.AR DID NOT PRESS GROUNDS OF APPEAL NO.1 TO 4 AND HENCE DISMISSED AS NOT PRESSED. 1 8 . THE ISSUE RAISED IN THE GROUNDS OF APPEAL NO.4 IS AGAINST THE CONFIRMATION OF ADDITION TO THE EXTENT OF RS.17,07,564/ - BEING 25% OF 9 ITA NOS.7167 TO 7169/MUM/2016 ITA NOS .7164 AND 7165/MUM/2016 ITA NO.7200 AND 7201/MUM/2016 RS. 68,30 ,259/ - THE AMOUNT OF BOGUS PURCHASES BY THE LD.CIT(A) AS MADE BY THE AO . 1 9 . THE FACTS OF THE CASE ARE THAT THE ASSESSEE FILED RETURN OF INCOME ON 19.9.2010 DECLARING TOTAL INCOME OF RS.5,05,944/ - WHICH WAS PROCESSED UNDER SECTION 143(1) OF THE ACT. T HE AO RECEIVED INFORMATION FROM SALES TAX DEPARTMENT/WING, GOVERNMENT OF MAHARASHTRA THAT THE ASSESSEE HAS AVAILED THE ENTRIES OF BOGUS PURCHASES FROM FIVE TO THE TUNE OF RS. 68,30,259/ - . FINALLY, THE AO AFTER CONSIDERING VARIOUS SUBMISSIONS AND DOCUMENTAR Y EVIDENCES ADDED THE ENTIRE PURCHASES TO THE TOTAL INCOME OF THE ASSESSEE BY FRAMING ASSESSMENT UNDER SECTION 143(3) READ WITH SECTION 147 OF THE ACT VIDE ASSESSMENT ORDER DATED 24.3.2015 . 20. IN THE APPELLATE PROCEEDINGS, THE FAA PARTLY ALLOWED THE APPE AL OF THE ASSESSEE BY SUSTAINING THE ADDITION TO THE EXTENT OF RS.25% OF THE TOTAL BOGUS PURCHASES. THE LD.CIT(A) OBSERVED THAT SINCE GP RATE HAS GONE DOWN FROM 12.91% IN AY 2008 - 09 (NON - HAWAL A PURCHASE YEAR) TO 8.69% AND 7.02% IN AY 2010 - 11 AND AY 20 11 - 12 RESPECTIVELY DUE TO HAWALA PURCHASES BY THE ASSESSEE. THE LD. CIT(A) ALSO OBSERVED THAT THE GP OF THE ASSESSEE FOR THIS YEAR AFTER DISALLOWING BOGUS PURCHASES HA S GONE VERY HIGH I.E.25% TO 27% AS AGAINST THE GP AT THE RATE OF 12.91% IN THE ASSES SMENT YEAR 2008 - 09. 10 ITA NOS.7167 TO 7169/MUM/2016 ITA NOS .7164 AND 7165/MUM/2016 ITA NO.7200 AND 7201/MUM/2016 21 . AFTER HEARING RIVAL PARTIES AND ON PERUSAL OF THE RECORD INCLUDING THE IMPUGNED ORDERS, WE FIND THE ASSESSEE HAS DECLAR ED GP AT 8.69% AND 7.2 % FOR THE AY 2010 - 111 AND 2011 - 2012 RESPECTIVELY WHICH WENT UP TO 26.99% AND 25% RE SPECTIVELY IN BOTH THE ASSESSMENT YEARS AFTER ADDITION OF ENTIRE BOGUS PURCHASES AND AFTER DISALLOWING OF HAWALA PURCHASES WHICH IS UNREALISTIC AND UNREASONABLE. THE LD. AR ALSO SUBMITTED BEFORE US THAT ALL THE BILLS AND VOUCHERS WERE PRODUCED BEFORE AO A ND THE PAYMENT WERE MADE THROUGH ACCOUNT PAYEE CHEQUES AND THE STOCK REGISTER, MATERIAL RECEIVED AND USED IN PRODUCTION WERE MAINTAINED AND WERE ACCEPTED BY THE DEPARTMENT AND THE VAT AND OCTROI WERE DULY PAID ON THE SAID PURCHASE. IN OUR OPINION, SINCE AO HAVE NOT DIS PUTED THE SALES OF THE ASSESSEE, APPLYING A RATE OF 25% OF TOTAL BOGUS PURCHASE TOWARDS GP IS VERY EXCESSIVE AND ON THE HIGH SIDE AS NORMAL GP OF THE ASSESSEE IS AROUND 7 - 7.2% TO 8.69%. THE CO - ORDINATE BENCHES OF THE TRIBUNAL HAS BEE N TAKING CONSISTENT VIEW IN SUCH PURCHASES AT THE RATE OF 12.5% TOWARDS GP. IN THE PRESENT CASE, SINCE THE ASSESSEE HAS SHOWN GP OF BOGUS PURCHASES AND STOCK TALLY AND ALSO PAID VAT AND THEREFORE, WE THINK IT FIT AND PROPER THAT THE ADDITION TO THE EX TENT OF 8% IS FAIR AND REASONABLE INSTEAD OF 25% AS CONFIRMED BY THE LD.CIT(A). THE AO IS 11 ITA NOS.7167 TO 7169/MUM/2016 ITA NOS .7164 AND 7165/MUM/2016 ITA NO.7200 AND 7201/MUM/2016 DIRECTED TO APPLY 8% OF THE BOGUS PURCHASES IN PLACE OF 25% APPLIED BY CIT(A). THE GROUND TAKEN BY THE ASSESSEE IS PARTLY ALLOWED. ITA NOS.716 5 /MUM/2016 22 . F ACTS OF TH IS ARE MATERIALLY SAME TO THAT OF ITA NO. 716 4 / MUM/2016 AS DECIDED BY US SUPRA . SINCE WE HAVE ALREADY DECIDED THE ISSUE BY PARTLY SUSTAINING THE ADDITION AT 8 % OF THE PURCHASES IN ITA NO. 716 4 /MUM/2016 , WE APPLY THE SAME ANALOGY TO TH IS APPEAL A S WELL AND DIRECT THE AO TO MAKE THE ADDITION AT 8% OF THE ALLEGED PURCHASES TO TH IS APPEAL. 2 3 . RESULTANTLY, APPEAL OF THE ASSESSEE IS PARTLY ALLOWED. ITA NO.7200 AND 7201/MUM/2016 2 4 . THESE ARE THE CROSS APPEAL BY THE REVENUE. SINCE WE HAV E DECIDED THE APPEALS OF THE ASSESSEE FOR THESE ASSESSMENT YEARS PARTLY IN FAVOUR OF THE ASSESSEE BY APPLYING GP RATE TO THE EXTENT OF 8% OF TOTAL BOGUS PURCHASE, THE APPE ALS FILED BY THE REVENUE BECOME INFRUCTUOUS. ACCORDINGLY, THE APPEALS OF THE REVENU E ARE DISMISSED. 12 ITA NOS.7167 TO 7169/MUM/2016 ITA NOS .7164 AND 7165/MUM/2016 ITA NO.7200 AND 7201/MUM/2016 2 5. IN THE RESULT, THE APPEALS OF THE ASSESSEE STAND PARTLY ALLOWED AND THAT OF REVENUE ARE DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON 23 RD AUG , 2017. ( MAHAVIR SINGH ) (RAJESH KUMAR) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI ; DATED : 23. 8 .2017 SRL,SR.PS / COPY OF THE O RDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F ILE / BY ORDER, TRUE COPY / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI