The ACIT, Cen, Circle-1(1), Ahmedabad V. Kisan Disc family Trust, Ahmedabad

ITA 795/AHD/2004

• Counselvise Citation: [2009] 114 COUNSELVISE.COM (IT) 7720 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 year(s) 4 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-07-2009
• Appeal Filed By: Department
• Order Result: Partly Allowed
• Bench Allotted: C
• Next Hearing Date: 17-06-2009
• Assessment Year: 1999-2000
• Appeal Filed On: 11-03-2004
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Keywords: Set aside
• Section: 143(3); 143(1); 80IA; 147; 148; 10

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH C BEFORE SHRI N.S. SAINI, ACCOUNTANT MEMBER AND SHRI MAHAVIR SINGH, JUDICIAL MEMBER DATE OF HEARING : 17.6.09 DRAFTED ON: 06.0 7.09 SL.NO(S) ITA NO(S) / CO NO(S) ASSESSMENT YEAR(S) APPEAL(S)/ CO(S) BY 1. ITA NO.795/AHD/2004 1999-2000 REVENUE 2. CO NO.157/AHD/2007 1999-2000 ASSESSEE 3. ITA NO.794/AHD/2004 1997-1998 REVENUE 4. CO NO.156/AHD/2007 1997-1998 ASSESSEE SL.NOS.1 & 3 THE ACIT CENTRAL CIRCLE-1(1) AHMEDABAD SL.NOS.2 & 4 KISAN DISC.FAMILY TRUST AHMEDABAD VS. SL NOS.1 & 3 KISAN DISC. FAMILY TRUST C/O.NIRMA HOUSE ASHRAM ROAD AHMEDABAD SL.NOS.2 & 4 THE DY.CIT CIRCLE-10, AHMEDABAD PAN/GIR NO. : AAATK 2653 D (APPELLANTS) .. (RESPONDENTS) ASSESSEE BY : SHRI S.N.SOPARAKR WITH HIMANSHU SHAH REVENUE BY : SHRI N.S. DAYAM, CIT-DR O R D E R PER N.S.SAINI , ACCOUNTANT MEMBER :- THESE APPEALS BY THE REVENUE AND CROSS OBJECTIO NS FILED BY THE ASSESSEE ARE AGAINST THE SEPARATE ORDERS OF THE LD. CIT(APPEALS)- ITA NOS.795 &794/AHD/2004 AND CO NOS.157 & 156/AHD/2007 THE ACIT VS. KISAN DISC.FAMILY TRUST ASST.YEARS 1999-2000 & 1997-98 RESPECTIVELY - 2 XII, AHMEDABAD BOTH DATED 01/12/2003 PASSED FOR ASS ESSMENT YEAR 1997-98 & 1999-2000. 2. IN THE ASSESSMENT YEAR 1997-98, THE REVENUE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL:- 1. THE CIT(A) HAS ERRED IN LAW AND ON FACTS IN DIR ECTING TO ALLOW CLAIM OF DEDUCTION UNDER SECTION 80-IA OF THE I.T. ACT OF RS.2,53,52,424/- ON THE INCOME IN RESPECT O F SALES TAX BENEFITS DECLARED UNDER VDIS, 1997. 2. THE CIT(A) HAS ERRED IN LAW AND ON FACTS IN DIRE CTING TO ALLOW CLAIM OF DEDUCTION UNDER SECTION 80IA OF THE I.T. ACT IN RESPECT OF THE INCOME OF THE DETERGENT DIVIS ION WITHOUT SETTING OFF THE LOSSES OF OTHER TWO DIVISIO NS I.E. SSP & PACKAGING DIVISIONS AGAINST THAT INCOME. 3. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E AND IN LAW, THE CIT(A) OUGHT TO HAVE UPHELD THE ORDER OF T HE ASSESSING OFFICER. 4. IT IS, THEREFORE, PRAYED THAT THE ORDER OF THE L D. CIT(A) BE SET ASIDE AND THAT OF THE AO BE RESTORED TO THE ABOVE EXTENT. 3. IN CROSS OBJECTIONS, THE ASSESSEE HAS TAKEN THE GROUND OF APPEAL AS UNDER:- ITA NOS.795 &794/AHD/2004 AND CO NOS.157 & 156/AHD/2007 THE ACIT VS. KISAN DISC.FAMILY TRUST ASST.YEARS 1999-2000 & 1997-98 RESPECTIVELY - 3 1. IN LAW AND IN THE FACTS AND CIRCUMSTANCES OF T HE RESPONDENTS CASE, THE LEARNED CIT(A) HAS GROSSLY E RRED IN POINTS OF LAW AND FACTS. 2. IN LAW AND IN THE FACTS AND CIRCUMSTANCES OF THE RESPONDENTS CASE, THE LEARNED CIT(A) HAS GROSSLY E RRED IN UPHOLDING THE VALIDITY OF RE-ASSESSMENT ORDER PA SSED UNDER SECTION 147 OF I.T. ACT. HE OUGHT TO HAVE HE LD THAT RE-OPENING UNDER SECTION 147 IS NOT PERMISSIBLE AND REQUIRED TO BE REVERSED. 3. IN LAW AND IN THE FACTS AND CIRCUMSTANCES OF T HE RESPONDENT'S CASE, THE LEARNED CIT(A) HAS GROSSLY ERRED IN CONFIRMING DISALLOWANCE OF DEDUCTION UNDER SECTI ON 80IA ON FOLLOWING INCOMES:- INTEREST INCOME RS.51,81,466 INTEREST INCOME FROM SHREE RAMA POLYMERS LTD. RS.41,70,019 OTHER INCOMES RS. 88,661 RS.94,40,146 4. IN LAW AND IN THE FACTS AND CIRCUMSTANCES OF THE RESPONDENTS CASE, THE LEARNED CIT(A) HAS GROSSLY E RRED IN CONFIRMING CHARGEABILITY OF INTEREST U/S.234B OF I.T. ACT. 5. IN LAW AND IN THE FACTS AND CIRCUMSTANCES OF THE RESPONDENTS CASE, THE LEARNED CIT(A) HAS GROSSLY ERRED IN CONFIRMING CHARGEABILITY OF INTEREST U/S. 234C O F I.T.ACT. 6. YOUR RESPONDENT RESERVES THE RIGHT TO ADD, ALTER , AMEND OR VARY ALL OR ANY OF THE ABOVE GROUNDS OF CROSS OBJECTION AS MAY BE ADVISED FROM TIME TO TIME. ITA NOS.795 &794/AHD/2004 AND CO NOS.157 & 156/AHD/2007 THE ACIT VS. KISAN DISC.FAMILY TRUST ASST.YEARS 1999-2000 & 1997-98 RESPECTIVELY - 4 4. THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESS EE FILED RETURN OF INCOME FOR RS.2,63,00,310/- ON 31/10/1997. THIS R ETURN WAS REVISED ON 22/01/1998 AT AN INCOME OF RS.2,94,27,820/-. T HIS RETURN WAS PROCESSED UNDER SECTION 143(1) OF THE INCOME TAX AC T, 1961 ON 22/02/1999 ACCEPTING THE RETURNED INCOME. THEREAF TER, ORDER UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 WA S PASSED ON 18/02/2000 ASSESSING THE INCOME AT RS.3,26,98,350/- . AFTER THE COMPLETION OF ASSESSMENT UNDER SECTION 143(3) OF TH E INCOME TAX ACT, 1961, THE ASSESSING OFFICER NOTICED THAT THE A SSESSEE-TRUST FAILED TO INCLUDE THE EXCISE DUTY IN THE CLOSING STOCK. HENCE, REASONS FOR RE-OPENING THE ASSESSMENT WERE RECORDED ON 25/05/20 02 AND NOTICE UNDER SECTION 148 OF THE INCOME TAX ACT, 1961 WAS I SSUED ON THE SAME DATE WHICH WAS SERVED ON THE ASSESSEE-TRUST ON 14/03/2002. 5. THE LD. AUTHORISED REPRESENTATIVE OF THE ASS ESSEE DURING THE COURSE OF HEARING HAS FILED COPY OF THE ORDER OF IT AT AHMEDABAD BENCH C IN THE CASE OF GUJARAT MINERAL DEVE LOPMENT ITA NOS.795 &794/AHD/2004 AND CO NOS.157 & 156/AHD/2007 THE ACIT VS. KISAN DISC.FAMILY TRUST ASST.YEARS 1999-2000 & 1997-98 RESPECTIVELY - 5 CORPORATION LTD. FOR ASSESSMENT YEAR 1998-99 IN ITA NO.3964/AHD/2004, DATED 22/05/2009 . BY REFERRING TO THIS ORDER OF THE TRIBUNAL, THE LD. AUTHORISED REPRESENTATIVE OF THE ASSESSEE ARGUED THAT THE TRIBUNAL IN THIS CASE FOLLOWING ITS OWN ORDER IN THE CASE OF THIS ASSESSEE ITSELF FOR ASSESSMENT YEAR 19 96-97 IN ITA NO 3280/AHD/2004 DATED 19/9/2008 HAS HELD THAT WHERE T HE ASSESSEE WAS FOLLOWING CONSISTENTLY THE METHOD OF ACCOUNTING BY NOT INCLUDING EXCISE DUTY IN THE VALUATION OF CLOSING S TOCK, THEN IT CANNOT BE HELD THAT THERE WAS ANY ESCAPEMENT OF INCOME OF THE ASSESSEE FOR THAT REASON AND RE-OPENING OF THE ASSESSMENT ON THAT GROUND IS BAD IN LAW. IT WAS, THEREFORE, HIS SUBMISSION THA T FOLLOWING THE ABOVE CITED ORDERS OF THE TRIBUNAL , THE ASSESSMENT ORDER PASSED BY THE ASSESSING OFFICER UNDER SECTION 143(3) OF THE I NCOME TAX ACT, 1961 R.W.S. 147 OF THE INCOME TAX ACT, IN THE PRESE NT CASE OF THE ASSESSEE SHOULD BE QUASHED. ITA NOS.795 &794/AHD/2004 AND CO NOS.157 & 156/AHD/2007 THE ACIT VS. KISAN DISC.FAMILY TRUST ASST.YEARS 1999-2000 & 1997-98 RESPECTIVELY - 6 6. THE LD. DEPARTMENTAL REPRESENTATIVE SUPPORTED TH E ORDER OF THE ASSESSING OFFICER. 7. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE ORDERS OF THE LOWER AUTHORITIES AND THE MATERIALS AVAILABL E ON RECORD. WE FIND THAT THE TRIBUNAL IN THE CASE OF GUJARAT MINER AL DEVELOPMENT CORPORATION LTD. IN ASSESSMENT YEAR 1996-97 IN ITA NO.3280/AHD/2004, ORDER DATED 19/09/2008, WHILE DEC IDING A SIMILAR ISSUE HAS OBSERVED AS UNDER:- FURTHER, THE HONBLE SUPREME COURT IN THE CASE OF BERGER PAINTS INDIA LTD. VS CIT, (2004) 266 ITR 99 (SC) , HELD THAT NO ADDITION CAN BE MADE ON ACCOUNT OF NON INCLUSION OF EXCISE DUTY IN THE CLOSING STOCK OF FINISHED GOODS IN TERMS OF CONSISTENTLY FOLLOWED SYSTEM OF VALUATION OF STO CK WHICH IS ALSO A RECOGNIZED SYSTEM OF VALUATION OF STOCK. IN VIEW OF THE AFORESAI0D DECISION, IN THE INSTANT CASE, IT CA NNOT BE HELD THAT RS.6.87 LAKHS WAS INCOME LIABLE TO BE TAX ED WHICH HAS ESCAPED ASSESSMENT. WE ARE LIVE TO THE FA CT THAT THE ASSESSMENT YEAR INVOLVED IN THE INSTANT CASE IS A. Y. ITA NOS.795 &794/AHD/2004 AND CO NOS.157 & 156/AHD/2007 THE ACIT VS. KISAN DISC.FAMILY TRUST ASST.YEARS 1999-2000 & 1997-98 RESPECTIVELY - 7 1996-97 AND SECTION 145A WAS BROUGHT IN THE STATUTE IN THE A. Y. 1999-2000. IN VIEW OF THE ABOVE, IN OUR C ONSIDERED OPINION, INITIATION OF RE-ASSESSMENT PROCEEDINGS ON THE BASIS OF THE ABOVE REASONS, IS UNSUSTAINABLE AND WI THOUT JURISDICTION. WE, THEREFORE, QUASH THE RE-ASSESSMEN T ORDER UNDER APPEAL. THIS GROUND OF APPEAL OF THE ASSESSEE IS ALLOWED. 8. IN THE INSTANT CASE, IT IS NOT IN DISPUTE THAT T HE ASSESSEE VALUED CLOSING STOCK AS PER CONSISTENT SYSTEM OF VALUATI ON OF CLOSING STOCK FOLLOWED BY IT. THEREFORE, BY FOLLOWING THE ABOV E CITED DECISION, IN OUR CONSIDERED VIEW, REOPENING OF THE ASSESSMENT, I N THE INSTANT CASE, WAS WITHOUT JURISDICTION AND BAD-IN-LAW. IN VIEW OF ABOVE FINDING, WE CANCEL THE RE-ASSESSMENT ORDER PASSED BY THE ASSESSING OFFICER IN THE INSTANT CASE. 9. IN VIEW OF OUR ABOVE DECISION ON THE JURISDICTIO NAL ISSUE, THE OTHER GROUNDS TAKEN IN THE CROSS OBJECTION BY THE A SSESSEE AND THE APPEAL OF THE REVENUE HAVE BECOME INFRUCTUOUS. TH US, THE APPEAL ITA NOS.795 &794/AHD/2004 AND CO NOS.157 & 156/AHD/2007 THE ACIT VS. KISAN DISC.FAMILY TRUST ASST.YEARS 1999-2000 & 1997-98 RESPECTIVELY - 8 OF THE REVENUE IS DISMISSED AND THE CROSS OBJECTION OF THE ASSESSEE IS PARTLY ALLOWED. 10. GROUND NOS.3 & 4 OF REVENUES APPEAL ARE GENER AL IN NATURE REQUIRE NO ADJUDICATION BY US. REVENUES APPEAL, ITA NO.795/AHD/2004 FOR ASSESSME NT YEAR 1999-2000. 11. THE REVENUE IN ITS APPEAL BY WAY OF GROUND NO.1 HAS CHALLENGED THE ORDER OF THE LD. CIT(APPEALS) DIRECT ING THE ASSESSING OFFICER TO DELETE ADDITION OF RS.18,84,09,605/- ON ACCOUNT OF UNDERSTATEMENT OF PROFIT BY THE ASSESSEE AND IGNORI NG THE CERTIFICATE FURNISHED BY THE C.A. OF THE ASSESSEE DURING THE CO URSE OF ASSESSMENT PROCEEDINGS REGARDING THE ACCOUNTING OF EXCISE DUTY MODVAT. 12. THE BRIEF FACTS OF THE CASE ARE THAT THE ASSES SING OFFICER ENQUIRED ABOUT THE METHOD OF ACCOUNTING FOLLOWED IN RESPECT OF MODVAT CREDIT. THE ASSESSEE REPLIED THAT KISAN I NDUSTRIES HAVE ITA NOS.795 &794/AHD/2004 AND CO NOS.157 & 156/AHD/2007 THE ACIT VS. KISAN DISC.FAMILY TRUST ASST.YEARS 1999-2000 & 1997-98 RESPECTIVELY - 9 ACCOUNTED FOR PURCHASES INCLUSIVE OF EXCISE DUTY MO DVAT DURING ACCOUNTING YEAR ENDING ON 31/03/1999 AND, ACCORDING LY, EXCISE DUTY WAS INCLUDED IN CLOSING STOCK. THE ASSESSING OFFI CER REFERRED TO THE STATEMENT OF CLOSING STOCK GIVEN BY THE ASSESSEE AS ON 31/03/1999 AND THE STATEMENT OF CLOSING STOCK AS ON 31/03/1998 AND OBSERVED THAT AS PER THE STOCK STATEMENT, THE CLOSING STOCK ON 31/03/1999 INCLUDES EXCISE DUTY MODVAT AND AS ON 31/03/1998 IS NET OF EXCISE DUTY MODVAT. THE ASSESSING OFFICER, FURTHER, REFE RRED TO CERTIFICATES SUPPLIED BY THE C.A. OF THE ASSESSEE W HERE THE TREATMENT GIVEN TO MODVAT CREDIT WAS EXPLAINED. THE ASSESS ING OFFICER OBSERVED THAT DURING FINANCIAL YEAR 1997-98, THE AS SESSEE HAS ACCOUNTED FOR PURCHASE NET OF EXCISE DUTY MODVAT, SALE NET OF EXCISE AND CLOSING STOCK NET OF EXCISE. IN THE FI NANCIAL YEAR 1998-99, THE ASSESSEE ACCOUNTED FOR PURCHASE INCLUSIVE OF E XCISE DUTY MODVAT AND CLOSING STOCK INCLUSIVE OF EXCISE DUTY MODVAT. THUS, THERE IS CHANGE IN THE METHOD OF ACCOUNTING OF VALU ATION OF PURCHASES IN THE FINANCIAL YEAR 1998-99 IN VIOLATIO N OF PROVISIONS OF ITA NOS.795 &794/AHD/2004 AND CO NOS.157 & 156/AHD/2007 THE ACIT VS. KISAN DISC.FAMILY TRUST ASST.YEARS 1999-2000 & 1997-98 RESPECTIVELY - 10 SECTION 145A OF THE INCOME TAX ACT, 1961. THE ASS ESSING OFFICER, FURTHER OBSERVED THAT THE ASSESSEE DID NOT INCLUDE MODVAT CREDIT IN PURCHASES IN FINANCIAL YEAR 1997-98 AND ALSO IN EA RLIER FINANCIAL YEARS. IN FINANCIAL YEAR 1998-99, THE ASSESSEE HA S INCLUDED MODVAT CREDIT OF RS.18,84,09,605/- IN PURCHASES. I N FINANCIAL YEAR 1998-99, THERE IS CHANGE IN METHOD OF ACCOUNTING FO R PURCHASES FOLLOWED BY THE ASSESSEE FROM EARLIER YEARS. THE ASSESSEE HAS ACCOUNTED FOR SALES NET OF EXCISE IN THE CURRENT Y EAR AND ALSO IN EARLIER YEARS. THUS, THERE IS VIOLATION OF SECTI ON 145-A OF THE INCOME TAX ACT, 1961 IN RESPECT OF VALUATION OF PUR CHASES. THE CHANGE IN ACCOUNTING METHOD OF THE ASSESSEE BY WAY OF INCLUDING MODVAT CREDIT IN PURCHASE RESULTED IN UNDERSTATEMEN T OF PROFIT BY RS.18,84,09,605/-. HE, THEREFORE, MADE ADDITION OF THIS AMOUNT TO THE INCOME OF THE ASSESSEE. 13. IN APPEAL, THE LD. CIT(APPEALS) CALLED FOR A RE MAND REPORT VIDE ORDER DATED 28/03/2002, WHERE THE RE-CONCILIATION O F PROFIT & LOSS ACCOUNT SHOWING THE FIGURES INCLUSIVE OF MODVAT FIL ED BY ASSESSEES ITA NOS.795 &794/AHD/2004 AND CO NOS.157 & 156/AHD/2007 THE ACIT VS. KISAN DISC.FAMILY TRUST ASST.YEARS 1999-2000 & 1997-98 RESPECTIVELY - 11 CHARTERED ACCOUNTANT VIDE HIS LETTER DATED 27/08/20 02 WHICH WAS FILED BEFORE HER. THE LD. CIT(APPEALS), THEREFORE , DECIDED THAT SINCE THIS INFORMATION WAS NOT BEFORE THE ASSESSING OFFIC ER, DURING THE COURSE OF ASSESSMENT PROCEEDINGS, THE SAME WAS FORW ARDED TO HIM FOR VERIFICATION FORM HIS RECORDS TO SEE WHETHER TH E FIGURES SUBMITTED NOW CAN BE RECONCILED WITH THE FIGURES GI VEN DURING THE COURSE OF ASSESSMENT PROCEEDINGS. THE ASSESSING OF FICER, VIDE HIS REMAND REPORT ALONG WITH THE LETTER DATED 07/10/200 2 OBSERVED THAT THE ASSESSEE IN ASSESSMENT YEAR 1998-99 DID NO T INCLUDE ANY MODVAT IN THE CONSUMPTION OF RAW-MATERIALS, WHEREAS IN THE ASSESSMENT YEAR 1999-2000, THE ASSESSEE HAS INCLUDE D MODVAT CREDIT OF RS.18.84 CRORES IN THE CONSUMPTION OF RAW -MATERIALS. THE ASSESSING OFFICER ALSO SUBMITTED THAT PURCHASE SHOU LD BE INCLUSIVE OF MODVAT AND SALES SHOULD ALSO BE INCLUSIVE OF EXCISE DUTY AND MODVAT DEBITED IN PROFIT & LOSS ACCOUNT AND THE CLO SING STOCK SHOULD ALSO BE VALUED INCLUDING THE MODVAT. THE A SSESSING OFFICER, THUS, SUGGESTED THAT THE ASSESSEE HAS SUPPRESSED TH IS INCOME BY ITA NOS.795 &794/AHD/2004 AND CO NOS.157 & 156/AHD/2007 THE ACIT VS. KISAN DISC.FAMILY TRUST ASST.YEARS 1999-2000 & 1997-98 RESPECTIVELY - 12 RS.18.84 CRORES. THE LD. CIT(APPEALS), AFTER CONSI DERING THE REMAND REPORT OF THE ASSESSING OFFICER AND ALSO THE SUBMIS SIONS OF THE ASSESSEE OBSERVED THAT FROM THE DETAILED DESCRIPTIO N GIVEN BY THE ASSESSEE IN THE SUBMISSIONS AND CALCULATIONS MADE T O ARRIVE AT THE REVISED PROFIT & LOSS ACCOUNT, IT IS FOUND BY HIM T HAT THERE IS NO UNDERSTATEMENT OF INCOME ON ACCOUNT OF MODVAT CREDI T OF RS.18.84 CRORES. THE TREATMENT GIVEN TO MODVAT CREDIT OF RS .18.84 CRORES IS SUCH THAT NO PART OF THE INCOME OF THE ASSESSEE HAS BEEN REDUCED AND THERE IS ALSO NO VIOLATION OF SECTION 145A OF T HE INCOME TAX ACT, 1961. THE LD. CIT(APPEALS), FURTHER OBSERVED THA T THE RELIANCE OF THE ASSESSEE ON MUMBAI HIGH COURTS DECISION IN THE CASE OF CIT VS. INDO NIPPON CHEMICALS CO.LTD. 245 ITR 384 (MUM.) WH ICH WAS UPHELD BY THE HON'BLE SUPREME COURT IN THE CASE OF CIT VS. INDO NIPPON CHEMICALS CO.LTD. 261 ITR 275, IS FULLY JUS TIFIED. ACCORDINGLY, HE DELETED THE ADDITION OF RS.18.84 CRORES MADE BY THE ASSESSING OFFICER ON ACCOUNT OF UNDERSTATEMENT OF PROFIT BY W AY OF INCLUDING MODVAT CREDIT IN VALUATION OF PURCHASES. ITA NOS.795 &794/AHD/2004 AND CO NOS.157 & 156/AHD/2007 THE ACIT VS. KISAN DISC.FAMILY TRUST ASST.YEARS 1999-2000 & 1997-98 RESPECTIVELY - 13 14. THE LD. DEPARTMENTAL REPRESENTATIVE SUPPORTED T HE ORDER OF THE ASSESSING OFFICER, WHEREAS LD. AUTHORISED REPRE SENTATIVE OF THE ASSESSEE SUPPORTED THE ORDER OF THE LD. CIT(APPEALS ). 15. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE ORDERS OF THE LOWER AUTHORITIES AND THE MATERIALS AVAILABL E ON RECORD. IN THE INSTANT CASE, THE ASSESSING OFFICER OBSERVED THAT T HE ASSESSEE HAS DEBITED PURCHASES BY INCLUDING AMOUNT OF MODVAT CRE DIT OF RS.18.84 CRORES AVAILABLE ON THE SAME. ACCORDING TO THE ASSESSING OFFICER, ASSESSEE HAS CHANGED ITS METHOD OF VALUA TION OF PURCHASE IN RESPECT OF MODAVAT CREDIT AVAILABLE IN SO FAR AS IN EARLIER YEARS ASSESSEE ACCOUNTED FOR PURCHASES EXCLUSIVE OF AMOUN T OF MODVAT, WHEREAS DURING THE YEAR UNDER CONSIDERATION, THE AS SESSEE HAS INCLUDED MODVAT OF RS.18.84 CRORES IN THE PURCHASE . ON THE ABOVE FACTS, THE ASSESSING OFFICER CONCLUDED THAT T HE ASSESSEE HAS SUPPRESSED PROFIT BY RS.18.84 CRORES AND, THEREFOR E, ADDED THE ITA NOS.795 &794/AHD/2004 AND CO NOS.157 & 156/AHD/2007 THE ACIT VS. KISAN DISC.FAMILY TRUST ASST.YEARS 1999-2000 & 1997-98 RESPECTIVELY - 14 SAME TO THE INCOME OF THE ASSESSEE. ON APPEAL, TH E LD. CIT(APPEALS) DELETED THE ABOVE ADDITION BY OBSERVING THAT NO SUP PRESSION OF PROFIT TOOK PLACE IN THE INSTANT CASE ON THE BASIS OF ACCOUNTING TREATMENT GIVEN BY THE ASSESSEE TO THE EXCISE MODV AT IN THE ACCOUNTS. WE FIND THAT THE ASSESSING OFFICER OBSER VED IN THE ORDER OF THE ASSESSMENT THAT THE ASSESSEE HAS INCLUDED E XCISE DUTY IN THE VALUATION OF ITS CLOSING STOCK. THOUGH THE ASSESS ING OFFICER HAS NOTED THAT SALES WERE ACCOUNTED FOR BY THE ASSESSE E, NET OF EXCISE DUTY BUT HAS MADE NO ADDITION ON THIS COUNT. I N OUR CONSIDERED OPINION, IF THE ASSESSEE SHOWS THE GROSS SALES INCL USIVE OF EXCISE DUTY, THEN CORRESPONDING AMOUNT OF EXCISE EXPENSES WILL HAVE TO BE DEBITED IN PROFIT & LOSS ACCOUNT RESULTING IN THE SAME PROFIT WHICH IS REFLECTED BY CREDIT OF NET SALES IN THE PROFIT & LO SS ACCOUNT. WE FIND THAT THE REAL DISPUTE IN THE INSTANT CASE, IS IN RE SPECT OF VALUATION OF PURCHASES. WE FIND THAT THERE ARE TWO RECOGNIZE D SYSTEM OF ACCOUNTING FOR PURCHASE VIS--VIS MODVAT CREDIT. O NE IS KNOWN AS EXCLUSIVE METHOD IN WHICH PURCHASES ARE REDUCED F ROM THE ITA NOS.795 &794/AHD/2004 AND CO NOS.157 & 156/AHD/2007 THE ACIT VS. KISAN DISC.FAMILY TRUST ASST.YEARS 1999-2000 & 1997-98 RESPECTIVELY - 15 AMOUNT IN RESPECT OF WHICH MODVAT CREDIT IS AVAILAB LE AND, THEREFORE, THE LESSER PURCHASE BEING DEBITED IN PRO FIT & LOSS ACCOUNT AMOUNT OF MODVAT IS AUTOMATICALLY INCLUDED IN THE P ROFIT. THE OTHER SYSTEM WHICH IS ALSO KNOWN AS INCLUSIVE METH OD UNDER WHICH PURCHASES ARE DEBITED IN THE PROFIT & LOSS ACCOUNT AT THE GROSS AMOUNT AND THE AMOUNT OF MODVAT CREDIT AVAILABLE IS SEPARATELY REFLECTED ON THE INCOME SIDE OF PROFIT & LOSS ACCOU NT. BOTH THE SYSTEMS GIVE SAME PROFIT. IN THE INSTANT CASE, AS PER ASSESSING OFFICER THE ASSESSEE HAS INCLUDED MODVAT OF RS.18.8 4 CRORES IN THE CONSUMPTION OF RAW-MATERIAL REFLECTED IN THE AUDITE D ACCOUNT AT RS.14114,69,747. THE ASSESSEE HAS FILED A CHART SHOWING COMPUTATION OF PURCHASE AS PER EXCLUSIVE METHOD A T RS.14016,23,940/- AND AS PER INCLUSIVE METHOD AT RS.16626,08,532/- WHICH IS PLACED AT PAGE NO.70 OF THE PAPER-BOOK. THUS, IT IS OBSERVED THAT THE FIGURE OF PURCHASE IN THE ASSESSMENT ORDER DOES NOT AGREE WITH ANY OF THE FIGURES FURNIS HED BY THE ASSESSEE IN THE PAPER-BOOK. THE LD. AUTHORISED REP RESENTATIVE OF ITA NOS.795 &794/AHD/2004 AND CO NOS.157 & 156/AHD/2007 THE ACIT VS. KISAN DISC.FAMILY TRUST ASST.YEARS 1999-2000 & 1997-98 RESPECTIVELY - 16 THE ASSESSEE COULD NOT EXPLAIN THE ABOVE DISCREPANC Y NOR FILED BEFORE US COPY OF AUDITED PROFIT & LOSS ACCOUNT TO SHOW THAT THE FIGURE MENTIONED IN THE ASSESSMENT ORDER IS NOT COR RECT. THE LD. CIT(APPEALS) HAS ALSO NOT GIVE ANY FINDING WHETHER THE PURCHASES SHOWN BY THE ASSESSEE IN THE AUDITED ACCOUNTS WERE ON INCLUSIVE BASIS OR ON EXCLUSIVE BASIS AND IF THE PURCHASES WERE SHOWN ON INCLUSIVE BASIS THEN THE CLAIM OF MODVAT CREDIT AVAILABLE WAS SHOWN AS INCOME SEPARATELY IN THE PROFIT & LOSS ACC OUNT OR NOT. THUS, IN ABOVE SITUATION, IN OUR CONSIDERED OPINION , IT SHALL BE IN THE INTEREST OF JUSTICE TO ADJUDICATE THE ISSUE AFTER P ROPER VERIFICATION OF FIGURES OF PURCHASES OF THE ASSESSEE. WE, THEREFO RE, HAVE NO OPTION BUT TO SET ASIDE THE ORDERS OF THE LOWER AUTHORITIE S ON THIS ISSUE AND REMIT THE MATTER BACK TO THE FILE OF THE ASSESSING OFFICER FOR ADJUDICATION AFRESH IN LIGHT OF THE DISCUSSIONS MAD E HEREINABOVE AFTER PROPER VERIFICATION OF FIGURES OF PURCHASES S HOWN IN AUDITED ACCOUNTS AFTER ALLOWING REASONABLE OPPORTUNITY OF H EARING TO THE ITA NOS.795 &794/AHD/2004 AND CO NOS.157 & 156/AHD/2007 THE ACIT VS. KISAN DISC.FAMILY TRUST ASST.YEARS 1999-2000 & 1997-98 RESPECTIVELY - 17 ASSESSEE. THUS, THIS GROUND OF APPEAL OF THE REVE NUE IS ALLOWED FOR STATISTICAL PURPOSES. 16. GROUND NO.2 OF REVENUES APPEAL IS DIRECTED AGA INST THE ORDER OF THE LD. CIT(APPEALS) ALLOWING THE LOSS OF RS.2 L ACS ON ACCOUNT OF THEFT. 17. THE BRIEF FACTS OF THE CASE ARE THAT THE ASSES SEE CLAIMED LOSS OF RS.2 LACS DUE TO THEFT AND IN SUPPORT OF THE SAM E FILED COPY OF FIR FILED BY SHRI RAMESHCHANDRA VALLABHBHAI MISTRY, DEP UTY MANAGER OF NIRMA. THE ASSESSING OFFICER OBSERVED THAT IN THE FIR, THERE IS NO MENTION ABOUT KISAN DISC. FAMILY TRUST AND THE PERS ON WHO MADE FIR IS SERVING IN NIRMA AND, HENCE, CLAIM FOR LOSS DUE TO THEFT CANNOT BE ALLOWED IN THE HANDS OF THE ASSESSEE, I.E. KISAN DISC. FAMILY TRUST. 18. IN APPEAL BEFORE THE LD. CIT(APPEALS), THE ASSE SSEE SUBMITTED THAT FROM THE STATEMENT OF SHRI RAMESHCHANDRA VALLA BHBHAI MISTRY ITA NOS.795 &794/AHD/2004 AND CO NOS.157 & 156/AHD/2007 THE ACIT VS. KISAN DISC.FAMILY TRUST ASST.YEARS 1999-2000 & 1997-98 RESPECTIVELY - 18 RECORDED BY THE POLICE INSPECTOR, NAVRANGPURA STATI ON AHMEDABAD ON 22/05/1998, HE HAS CLEARLY MENTIONED IN PARAGRAP H NO.2 THAT CASH LOST OF RS.2 LACS IS OF BUSINESS OF KISAN INDU STRIES WHICH WAS DEPOSITED IN THE OFFICE. IN THE STATEMENT, IT WAS ALSO STATED THAT RS.2 LACS WAS OUT OF BUSINESS OF KISAN INDUSTRIES W HOSE AMOUNT WAS ON 21/05/1998 RS.4,29,873/-. THE ASSESSEE REFERRE D TO THE EXTRACT FORM THE MAIN CASH BOOK AND PETTY CASH BOOK AND SUB MITTED THAT BALANCE OF RS.3,74,850/- OF MAIN CASH BOOK ON 21/05 /1998 AND RS.55,023/- ON 25/05/1998 AS PER PETTY CASH BOOK AN D CASH LOST OF RS.2 LACS WAS DEBITED ON 22/05/1998 IN THE MAIN CAS H BOOK FROM WHERE THE CASH WAS STOLEN. THE ASSESSEE ALSO FIL ED EXTRACT FROM MAIN CASH BOOK WHEN THE CASH WAS TRANSFERRED TO PET TY CASH BOOK FROM WHERE DAY-TO-DAY EXPENSES WERE MADE. IT WAS SUBMITTED THAT THE LOSS DUE TO THEFT WAS GENUINE IN THE CASE OF THE ASSESSEE AND THE SAME MAY BE ALLOWED. THE LD. CIT(APPEALS) , AFTER CONSIDERING THE SUBMISSIONS OF THE ASSESSEE OBSERVE D THAT SHRI RAMESHCHANDRA MISTRY IN HIS STATEMENT CLEARLY MENTI ONED THAT THE ITA NOS.795 &794/AHD/2004 AND CO NOS.157 & 156/AHD/2007 THE ACIT VS. KISAN DISC.FAMILY TRUST ASST.YEARS 1999-2000 & 1997-98 RESPECTIVELY - 19 CASH BELONGS TO KISAN INDUSTRIES WHICH IS THE BUSIN ESS NAME OF KISAN DISCRETIONARY FAMILY TRUST. THE LD. CIT(APPEALS) , FURTHER OBSERVED THAT AS PER ENTRIES IN THE CASH BOOK EXTRACT SHOWN THE AMOUNT OF CASH AVAILABLE AS ON 21/05/1998 IN MAIN CASH BOOK A ND IN THE PETTY CASH BOOK WAS SAME AS PER THE COMPLAINT MADE BY SHR I RAMESHCHANDRA MISTRY. LOOKING TO THE THESE FACTS, IT IS AN ESTABLISHED FACT THAT THERE WAS A LOSS DUE TO THEFT IN THE CASE OF THE ASSESSEE. THEREFORE, THE LD. CIT(APPEALS) DIRECTE D THE ASSESSING OFFICER TO ALLOW THE LOSS CLAIMED BY THE ASSESSEE. 19. THE LD. DEPARTMENTAL REPRESENTATIVE SUPPORTED T HE ORDER OF THE ASSESSING OFFICER, WHEREAS THE LD. AUTHORISED R EPRESENTATIVE OF THE ASSESSEE SUPPORTED THE ORDER OF THE LD. CIT(APP EALS). 20. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE ORDERS OF THE LOWER AUTHORITIES AND THE MATERIALS AVAILABL E ON RECORD. IN THE INSTANT CASE, WE FIND THAT GENUINENESS OF LOSS OF CASH OF ITA NOS.795 &794/AHD/2004 AND CO NOS.157 & 156/AHD/2007 THE ACIT VS. KISAN DISC.FAMILY TRUST ASST.YEARS 1999-2000 & 1997-98 RESPECTIVELY - 20 RS.2,00,000/- BY THE ASSESSEE IS NOT IN DISPUTE. THE ASSESSING OFFICER DISALLOWED THE CLAIM ONLY ON THE GROUND THA T IN THE FIR NAME OF THE ASSESSEE WAS NOT MENTIONED AND THE PERSON WH O HAD LODGED THE FIR WAS NOT THE EMPLOYEE OF THE ASSESSEE. THE LD. CIT(APPEALS) FINDING THAT CASH POSSESSED BY THE ASSESSEE AS PER CASH BOOK OF THE ASSESSEE WAS MORE THAN THE CASH STOLEN AND THE AMOU NT LOST WAS DEBITED IN THE BOOKS OF THE ASSESSEE. FURTHER, TH E PERSON WHO LODGED THE FIR HAS STATED BEFORE THE POLICE AUTHORI TIES ON 22/05/1998 THAT THE CASH BELONGED TO THE ASSESSEE. IN VIEW OF THIS, THE LD. CIT(APPEALS) DELETED THE ADDITION. WE FIN D THAT NO ERROR IN THE ORDER OF THE LD. CIT(APPEALS) COULD BE POINTED OUT BY THE LD. DEPARTMENTAL REPRESENTATIVE. IT IS NOT IN DISPUTE THAT THE ASSESSEE BELONGS TO NIRMA GROUP AND THE PERSON WHO LODGED TH E COMPLAINT WAS THE EMPLOYEE OF NIRMA GROUP OF COMPANIES. IT I S ALSO NOT IN DISPUTE THAT THE THEFT TOOK PLACE AT THE PREMISES W HERE FROM THE ASSESSEE OPERATES ITS BUSINESS. IN THE ABOVE CI RCUMSTANCES, WE DO NOT FIND ANY GOOD REASON TO INTERFERE WITH THE ORDE R OF THE LD. ITA NOS.795 &794/AHD/2004 AND CO NOS.157 & 156/AHD/2007 THE ACIT VS. KISAN DISC.FAMILY TRUST ASST.YEARS 1999-2000 & 1997-98 RESPECTIVELY - 21 CIT(APPEALS), WHICH IS CONFIRMED AND THE GROUND OF APPEAL OF THE REVENUE IS DISMISSED. 21. GROUND NOS.3 & 4 OF REVENUES APPEAL ARE GEN ERAL IN NATURE REQUIRE NO ADJUDICATION BY US. ASSESSEES CROSS OBJECTION NO.157/AHD/2007 FOR A.Y. 1999-2000 22. GROUND NO.1 OF CO IS GENERAL IN NATURE REQUIRE NO ADJUDICATION BY US. 23. GROUND NO.2 OF CO IS DIRECTED AGAINST THE ORDER OF THE LD. CIT(APPEALS) IN CONFIRMING THE STATUS OF THE ASSESS EE AS AOP INSTEAD OF INDIVIDUAL AND THEREBY CONFIRMING DISALLOWANCE O F DEDUCTION UNDER SECTION 80-L OF THE INCOME TAX ACT, 1961. 24. THE BRIEF FACTS OF THE CASE ARE THAT THE LD. C IT(APPEALS) OBSERVED THAT THIS GROUND OF APPEAL HAS BEEN DEALT BY HIS PREDECESSOR IN EARLIER ASSESSMENT YEAR, WHEREIN IT HAS BEEN HELD ITA NOS.795 &794/AHD/2004 AND CO NOS.157 & 156/AHD/2007 THE ACIT VS. KISAN DISC.FAMILY TRUST ASST.YEARS 1999-2000 & 1997-98 RESPECTIVELY - 22 THAT THE STATUS OF THE ASSESSEETRUST SHOULD BE TAK EN AS AOP. THE ASSESSING OFFICER HAS MENTIONED IN HIS ORDER THAT T HE STATUS OF THE ASSESSEE-TRUST AS AOP WAS CONFIRMED BY THE LD. CIT( APPEALS) BY HIS ORDER DATED 01/11/1999 IN APPEAL NO.CIT(A)/XXX/AC.C IR.9(3)/IT- 389/98-99. THE LD. CIT(APPEALS) AFTER OBSERVING T HAT THE DECISION OF HON'BLE GUJARAT HIGH COURT RELIED BY THE ASSESSEE IN THE CASE OF DEEPAK FAMILY TRUST 211 ITR 575 (GUJ.) HAS ALSO BEE N DEALT WITH BY THE LD. CIT(APPEALS) IN HIS ORDER. THEREFORE, FOLL OWING THE DECISION OF HIS PREDECESSOR IN OFFICE, THE LD. CIT(APPEALS) HEL D THAT THE STATUS OF THE ASSESSEE-TRUST HAS BEEN CORRECTLY TAKEN AS AOP. 25. THE LD. AUTHORISED REPRESENTATIVE OF THE ASSESS EE RELIED ON THE ORDER OF THE HON'BLE GUJARAT HIGH COURT IN THE CASE OF DEEPAK FAMILY TRUST 211 ITR 575 (GUJ.). FURTHER HE ALSO RELIED ON THE DECISION OF ITAT BOMBAY BENCH E IN ITA NO.3918/M UM/2003 ASSESSMENT YEAR 1998-99 IN ASSESSEES OWN CASE (COP Y OF WHICH IS PLACED AT PAGE NOS.145 TO 150 OF THE PAPER-BOOK). THE LD. ITA NOS.795 &794/AHD/2004 AND CO NOS.157 & 156/AHD/2007 THE ACIT VS. KISAN DISC.FAMILY TRUST ASST.YEARS 1999-2000 & 1997-98 RESPECTIVELY - 23 AUTHORISED REPRESENTATIVE OF THE ASSESSEE SUBMITTED THAT THE TRIBUNAL FOLLOWING THE ORDER OF THE MUMBAI BENCH H OF THE TRIBUNAL IN THE CASE OF ASSESSEE, IN ITA NO.415/MUM /2002 FOR ASSESSMENT YEAR 1997-98 HELD THAT THE STATUS OF THE ASSESSEE-TRUST WAS INDIVIDUAL AND ALLOWED DEDUCTION UNDER SECTION 80-L OF THE INCOME TAX ACT, 1961. IT WAS, THEREFORE, SUBMITTED THAT THE STATUS OF THE ASSESSEE SHOULD BE HELD TO BE THAT OF AN IN DIVIDUAL AND NOT THAT OF AN AOP. 26. THE LD. DEPARTMENTAL REPRESENTATIVE, ON THE OT HER HAND, SUPPORTED THE ORDERS OF THE LOWER AUTHORITIES. 27. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE ORDERS OF THE LOWER AUTHORITIES AND THE MATERIALS AVAILABL E ON RECORD. IN THE INSTANT CASE, THE ASSESSEE CLAIMED THE DEDUCTION UN DER SECTION 80-L OF THE INCOME TAX ACT, 1961 WAS ALLOWABLE TO IT AS ITS STATUS WAS THAT OF AN INDIVIDUAL. WE FIND THAT THE ISSUE IS COVERED BY THE ITA NOS.795 &794/AHD/2004 AND CO NOS.157 & 156/AHD/2007 THE ACIT VS. KISAN DISC.FAMILY TRUST ASST.YEARS 1999-2000 & 1997-98 RESPECTIVELY - 24 DECISION OF A CO-ORDINATE BENCH OF THE TRIBUNAL IN THE CASE OF ASSESSEE ITSELF FOR ASSESSMENT YEAR 1998-99 WHEREIN IN ITA NO.3918/MUM/2003 VIDE ITS ORDER DATED 31.1.2007 HEL D AS UNDER:- 3. THE NEXT ISSUE IS WITH REGARD TO THE STATUS O F ASSESSEE- TRUST AND ITS ENTITLEMENT FOR DEDUCTION UNDER SECTI ON 80L OF THE INCOME-TAX ACT, 1961. THE LEARNED AUTHORISED REPR ESENTATIVE OF THE ASSESSEE HAS SUBMITTED THAT THE AUTHORITIES BELOW SHOULD HAVE HELD THAT THE STATUS OF ASSESSEE-TRUST IS THAT OF INDIVIDUAL. ACCORDINGLY, THE ASSESSEE-TRUST IS ENT ITLED FOR THE CLAIM OF DEDUCTION UNDER SECTION 80L OF THE ACT. IT WAS ALSO POINTED OUT THAT THIS ISSUE IS COVERED IN FAVOUR OF ASSESSEE BY THE ORDER OF MUMBAI H BENCH OF THE TRIBUNAL IN TH E ASSESSEES OWN CASE IN ITA NO.415/MUM/2002, FOR THE ASSESSMENT YEAR 1997-98, WHEREIN THE IDENTICAL ISSU E WAS DECIDED BY THE TRIBUNAL BY HOLDING THAT THE STATUS OF ASSESSEE- TRUST IS THAT OF INDIVIDUAL AND IS ENTITLED TO CLAI M DEDUCTION UNDER SECTION 80L OF THE INCOME-TAX ACT, 1961. NOT HING CONTRARY WAS BROUGHT TO OUR KNOWLEDGE BY THE LEARNE D DEPARTMENTAL REPRESENTATIVE. SO WE HAVE NO REASON TO DEVIATE FROM THE VIEW TAKEN BY THE CO-ORDINATE BENC H IN THE IMMEDIATELY PRECEDING YEAR. SO WE HOLD THAT THE S TATUS OF ITA NOS.795 &794/AHD/2004 AND CO NOS.157 & 156/AHD/2007 THE ACIT VS. KISAN DISC.FAMILY TRUST ASST.YEARS 1999-2000 & 1997-98 RESPECTIVELY - 25 ASSESSEE-TRUST THAT OF INDIVIDUAL. ACCORDINGLY, I T IS ENTITLED FOR THE CLAIM OF DEDUCTION UNDER SECTION 80L OF THE INC OME TAX ACT. 28. NO REASON COULD BE GIVEN BY THE REVENUE FOR WHI CH THE ABOVE ORDER OF THE TRIBUNAL SHOULD NOT BE FOLLOWED. IN ABSENCE OF ANY CONTRARY MATERIALS, WE, FOLLOWING THE ABOVE ORDER OF THE TRIBUNAL, ALLOW THIS GROUND OF CROSS OBJECTION OF THE ASSESSE E. 29. GROUND NOS.3 & 4 OF THE APPEAL ARE DIRECTED AGAINST THE ORDER OF THE LD. CIT(APPEALS) CONFIRMING THE ORDER OF THE ASSESSING OFFICER CHARGING INTEREST UNDER SECTION 234-B & 234-C OF TH E INCOME TAX ACT, 1961. 30. AT THE TIME OF HEARING, THE LD. AUTHORISED REPR ESENTATIVE OF THE ASSESSEE SUBMITTED THAT CHARGING OF INTEREST UN DER SECTION 234-B AND 234-C IS CONSEQUENTIAL. ACCORDINGLY, THESE GR OUND OF CROSS OBJECTION ARE DISMISSED. ITA NOS.795 &794/AHD/2004 AND CO NOS.157 & 156/AHD/2007 THE ACIT VS. KISAN DISC.FAMILY TRUST ASST.YEARS 1999-2000 & 1997-98 RESPECTIVELY - 26 31. IN THE RESULT, THE APPEAL OF THE REVENUE FOR ASSESS MENT YEAR 1997-98 IS DISMISSED AND THE CROSS OBJECTION OF THE ASSESSEE IS PARTLY ALLOWED. THE APPEAL OF THE REVENUE FOR ASS ESSMENT YEAR 1999-2000 IS PARTLY ALLOWED FOR STATISTICAL PURPOSE S AND THE CROSS OBJECTION OF THE ASSESSEE IS PARTLY ALLOWED. ORDER SIGNED, DATED AND PRONOUNCED IN THE COURT ON 24/07/2009. SD/- SD/- ( MAHAVIR SINGH) ( N.S. SAINI ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD; DATED 24/07/2009 T.C. NAIR COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT .2. THE RESPONDENT. 3. THE CIT CON CERNED 4. THE LD. CIT(APPEALS)-XII, AHMEDABAD. 5. THE DR, AHMEDABAD BENCH. 6. THE GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT.REGISTRAR), ITAT, AHMEDABAD