Amrit Harcheries Pvt. Ltd., Kolkata V. Pr.CIT-Central-1, Kolkata

ITA 915/KOL/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 1641 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-09-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 25-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RADHEY SHYAM
• Keywords: Unexplained cash credit; Unexplained expenditure; Principle of natural justice; Transactions in derivatives; Non compliance; Set aside
• Section: 68; 69; 6; 263; 69C

Judgement Text

1 ITA NO. 915/KOL/2019 AMRIT HATCHERIES PVT. LTD. AY 2014-15 , B , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: KOL KATA ( ) . . , . ' # $% % , '( ) [BEFORE SHRI A. T. VARKEY, JM & DR. A. L. SAINI, A M] ITA NO. 915/KOL/2019 ASSESSMENT YEAR: 2014-15 AMRIT HATCHERIES PVT. LTD. [PAN: AACCA 5987 F] VS. PR. CIT, CENTRAL 1, KOLKATA APPELLANT RESPONDENT DATE OF HEARING 05.08.2019 DATE OF PRONOUNCEMENT 06.09.2019 FOR THE APPELLANT SHRI AKKAL DUDHWEWALA, FCA FOR THE RESPONDENT SHRI RADHEY SHYAM, CIT, DR ORDER PER SHRI A.T.VARKEY, JM THIS IS AN APPEAL PREFERRED BY THE ASSESSEE AGAINST THE ACTION OF THE PR. CIT, CENTRAL 1, KOLKATA DATED 14.03.2019 PASSED U/S 263 OF THE ACT. 2. THE ASSESSEE HAS RAISED SIX GROUNDS OF APPEAL AS WELL AS HAS RAISED ADDITIONAL GROUNDS OF APPEAL WHEREIN THE ASSESSEE HAS CHALLENGED A LEG AL ISSUE OF INVOCATION OF THE REVISIONAL JURISDICTION BY THE PR. CIT U/S 263 OF THE INCOME T AX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) BY RAISING THESE THREE ADDITIONAL GROUND S OF APPEAL: 1. FOR THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE ORDER U/S 263 PASSED BY THE PCIT, BE HELD TO BE HAD IN LAW BECAUSE THE R EASONS & GROUNDS FOR WHICH THE AOS ORDER WAS ULTIMATELY HELD TO BE ERRONEOUS AND PREJUDICIAL WERE DIFFERENT FROM THE REASONS SET OUT IN THE SHOW CAUSE NOTICE ISSUED U/S 263. 2. FOR THAT ON THE FACTS AND IN THE CIRCUMSTANCES O F THE CASE, THE PCIT DID NOT GIVE OPPORTUNITY OF HEARING TO THE APPELLANT TO REBUT TH E GROUNDS ON WHICH THE AOS ORDER WAS ULTIMATELY CONSIDERED ERRONEOUS AND THERE BEING NON COMPLIANCE WITH THE PRINCIPLES OF NATURAL JUSTICE; THE ORDER U/S 263 DE SERVES TO BE CANCELLED. 2 ITA NO. 915/KOL/2019 AMRIT HATCHERIES PVT. LTD. AY 2014-15 3. FOR THAT THE APPELLANT CRAVES LEAVE TO FILE ADDI TIONAL GROUNDS AND / OR AMEND OR ALTER THE GROUNDS ALREADY TAKEN EITHER BEFORE OR AT THE T IME OF HEARING OF THE APPEAL. 3. BRIEF FACTS OF THE CASE ARE THAT THE APPELLANT C OMPANY IS ENGAGED IN THE BUSINESS OF MANUFACTURE & SALE OF POULTRY FEED. FOR THE AY 2014 -15 THE APPELLANT HAD FILED RETURN OF INCOME ON 30.11.2014 DECLARING TOTAL LOSS AT RS.30, 51,73,073/-. IN THE ASSESSMENT COMPLETED U/S 143(3), THE AO MADE SEVERAL ADDITIONS WHICH INT ER ALIA RS.50,00,000/- BY WAY OF UNEXPLAINED CASH CREDIT U/S 68 OF THE ACT, INTEREST DISALLOWANCE OF RS.60,00,807/- TREATING IT TO BE BOGUS AND UNEXPLAINED EXPENDITURE U/S 69C OF RS.25,000/-. ALL THESE ADDITIONS WERE ADJUSTED BY THE AO AGAINST THE CURRENT YEARS BUSIN ESS LOSS OF RS.30,51,73,073/- RETURNED BY THE APPELLANT RESULTING IN FINAL ASSESSMENT OF TOTA L LOSS ATRS.29,33,44,390/-. THEREAFTER THE LD. PR. CIT INVOKED SECTION 263 OF THE ACT.IN HIS S HOW CAUSE DATED 31.01.2019, HE HELD THE ASSESSMENT ORDER PASSED BY THE AO TO BE ERRONEOUS A ND PREJUDICIAL TO THE INTERESTS OF THE REVENUE FOR THE REASON THAT THE AO HAD WRONGLY ALLO WED THE SET OFF THE ADDITIONS MADE U/S 68, 69C ETC. AGAINST THE CURRENT YEARS BUSINESS LO SS, IN VIOLATION OF THE PROVISIONS OF SECTION 115BBE AS AMENDED BY THE FINANCE ACT, 2016 EFFECTIV E FROM 01.04.2017. ACCORDING TO THE LD. PR. CIT ALTHOUGH THE AMENDMENT WAS MADE EFFECTI VE FROM 01.04.2017 BUT IT WAS APPLICABLE FROM 01.04.2013 AND THEREFORE IN HIS VIE W THE RETURNED LOSS WAS WRONGLY ADJUSTED AGAINST THE ADDITIONS MADE U/S 68, 69 & 69 C. IN RESPONSE THE APPELLANT FURNISHED ITS OBJECTIONS ON 20.02.2019; RELYING ON THE JUDGMENT O F THE HONBLE CALCUTTA HIGH COURT IN THE CASE OF CIT VS ATHA MINES LIMITED IN ITA NO.158 OF 2018 DATED 13.12.2018, WHEREIN IT WAS HELD THAT THE ADDITIONS MADE U/S 69, 69 & 69C W ERE ELIGIBLE FOR SET OFF AGAINST CURRENT YEARS BUSINESS LOSS IN TERMS OF THE MANDATORY PROV ISIONS OF SECTION 70 & 71 OF THE ACT. THE LD. PR. CIT HOWEVER REFERRING TO THE JUDGMENT OF TH E HONBLE KERALA HIGH COURT IN THE CASE OF CIT VS KERALA SPONGE IRON LTD (379 ITR 330)HELD THAT HE WAS NOT AGREEABLE TO THE CONTENTIONS PUT FORTH BY THE APPELLANT. THE LD. PR. CIT ACCORDINGLY HELD THE ASSESSMENT ORDER DATED 30.12.2016 PASSED BY THE AO TO BE ERRONEOUS I N SO FAR AS IT WAS PREJUDICIAL TO THE INTERESTS OF THE REVENUE ON THE GROUND OF FAILURE T O MAKE DUE ENQUIRY INTO THIS ISSUE AND SET ASIDE THE MATTER BACK TO THE AO TO WITH A DIRECTION TO MAKE ASSESSMENT DE NOVO AFTER GOING 3 ITA NO. 915/KOL/2019 AMRIT HATCHERIES PVT. LTD. AY 2014-15 THROUGH RELEVANT CIRCULARS AND CASE LAWS ON THIS IS SUE. AGGRIEVED BY THE REVISION ORDER OF LD. PR.CIT, THE APPELLANT IS NOW IN APPEAL BEFORE US. 4. ASSAILING THE ACTION OF THE LD. PR. CIT, THE LD. AR OF THE APPELLANT SUBMITTED THAT THE LD. PR. CITS REFERENCE TO THE AMENDED PROVISIONS O F SECTION 115BBE TO DENY THE BENEFIT OF SET-OFF FOR LOSSES AGAINST THE INCOME ASSESSED U/S 68, 69 & 69C WAS UNJUSTIFIED IN AS MUCH AS THE SECOND PROVISO IN SECTION 115BBE DEBARRING A SSESSEES TO CLAIM SET-OFF FOR NORMAL BUSINESS LOSSES AGAINST INCOME TAXED U/S 68, 69 & 6 9C WAS BROUGHT IN BY THE FINANCE ACT, 2016 WITH EFFECT FROM 01.04.2017 AND THEREFORE NOT APPLICABLE IN THE RELEVANT YEAR UNDER CONSIDERATION. HE FURTHER POINTED OUT THAT THE DECI SION OF THE KERALA SPONGE IRON LTD. (SUPRA) RELIED UPON BY THE LD. PR. CIT WAS RELATING TO THE SET OFF OF BROUGHT FORWARD BUSINESS LOSSES AGAINST THE INCOME ASSESSED U/S 68 AS UNEXPL AINED CASH CREDIT. HE CONTENDED THAT THE ISSUE INVOLVED IN THE PRESENT CASE HOWEVER IS DIFFE RENT IN AS MUCH AS IT RELATES TO THE CLAIM OF THE ASSESSEE FOR SET OFF OF BUSINESS LOSS OF CURREN T YEAR AGAINST THE INCOME ASSESSED U/S 68. THE LD. AR SUBMITTED THAT THIS ISSUE INVOLVED IN TH E ASSESSEE'S CASE IS SQUARELY COVERED IN FAVOUR OF THE ASSESSEE BY THE DECISIONS OF THE JURI SDICTIONAL HIGH COURT IN THE CASE OF CIT VS ATHA MINES LIMITED (SUPRA) AND THIS TRIBUNAL IN THE CASE OF DCIT VS M/S ATIBIR HITECH PVT LTD IN ITA NO. 1747/KOL/2017 DATED 29.03.2019. HE FURTHER INVITED OUR ATTENTION TO THE CIRCULAR NO. 11/2019 ISSUED BY THE CBDT DATED 19.06 .2019, WHEREIN THE BOARD HAS CLARIFIED THAT THE PRIOR TO AY 2017-18, THE ASSESSE ES ARE ENTITLED TO SET-OFF BUSINESS LOSSES AGAINST THE INCOME TAXED U/S 68, 69 & 69C AND THE A MENDMENT BROUGHT IN SECTION 115BBE BY THE FINANCE ACT, 2016 WAS PROSPECTIVE AND HENCE APPLICABLE FROM AY 2017-18 AND ONWARDS. FOR THE REASONS SET OUT IN THE FOREGOING, THE LD. AR THUS CONTENDED THAT THE SHOW CAUSE NOTICE ISSUED AS WELL AS THE USURPATION OF JU RISDICTION U/S 263 WAS BAD IN LAW. 5. THE LD. CIT, DR, ON THE OTHER HAND, FAIRLY STATE D THAT IN LIGHT OF THE CIRCULAR NO. 11/2019 (SUPRA) THE ASSESSEE IS LEGALLY ENTITLED TO CLAIM SET-OFF OF CURRENT YEARS BUSINESS LOSS AGAINST THE INCOME TAXED U/S 68, 69 & 69C.ACCO RDING TO HIM HOWEVER IT IS PRUDENT FOR THE AO TO VERIFY THE FACTS OF THE CASE IN THE BACKD ROP OF THIS CIRCULAR. HE THEREFORE 4 ITA NO. 915/KOL/2019 AMRIT HATCHERIES PVT. LTD. AY 2014-15 CONTENDED THAT THERE WAS NO NEED TO INTERFERE WITH THE ORDER OF LD. PR. CIT SETTING ASIDE THE ISSUE TO THE FILE OF THE AO. 6. WE HAVE HEARD THE RIVAL SUBMISSIONS AND GIVEN A THOUGHTFUL CONSIDERATION TO THE FACTS INVOLVED IN THE PRESENT CASE. IT IS NOTED THAT THE ISSUE INVOLVED IN THIS CASE IS NO LONGER RES INTEGRA IN LIGHT OF THE DECISION OF THE HONBLE CAL CUTTA HIGH COURT IN THE CASE OF CIT VS ATHA MINES LIMITED (SUPRA). IN THE DECIDED CASE THE HONBLE HIGH COURT UPHELD THE DECISION OF THIS TRIBUNAL ALLOWING THE CLAIM OF THE ASSESSEE FOR SET OFF OF BUSINESS LOSS OF THE CURRENT YEAR AGAINST THE INCOME ASSESSEE U/S 68 IN THE SAME YEAR. IN THIS REGARD, WE MAY ALSO GAINFULLY REFER TO THE DECISION OF THIS TRIBUNAL IN THE CASE OF DCIT VS M/S ATIBIR HITECH PVT LTD (SUPRA) WHEREIN IT WAS HELD AS UNDER: 12. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND A LSO PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. AS RIGHTLY CONTENDED BY THE LE ARNED COUNSEL FOR THE ASSESSEE, THE ISSUE INVOLVED IN THE CASE OF KERALA SPONGE IRON LTD. (SU PRA) RELIED UPON BY THE A.O. OF HIS ORDER AND IN THE CASE OF SHRI PRADEEP KUMAR TODI (SUPRA) CITED BY THE LEARNED DR AT THE TIME OF HEARING BEFORE THE TRIBUNAL WAS DIFFERENT IN AS MUC H AS CLAIM WAS MADE IN THE SAID CASES FOR SET OFF OF BROUGHT FORWARD BUSINESS LOSSES OF THE E ARLIER YEARS AGAINST THE INCOME ASSESSED U/S 68 FOR THE CURRENT YEAR WHEREAS THE ISSUE INVOLVED IN THE PRESENT CASE IS RELATING TO THE CLAIM OF THE ASSESSEE FOR SET OFF OF BUSINESS LOSS OF THE CURRENT YEAR AGAINST THE INCOME ASSESSEE U/S 68 IN THE SAME YEAR. IT IS OBSERVED THAT THIS ISSUE AS INVOLVED IN THE ASSESSEE'S CASE IS SQUARELY COVERED IN FAVOUR OF THE ASSESSEE BY THE VARIOUS JU DICIAL PRONOUNCEMENTS CITED BY THE LEARNED COUNSEL FOR THE ASSESSEE. IN ONE OF SUCH DECISIONS RENDERED IN THE CASE OF ITO VS M/S. PRISM SHARE TRADING PVT. LTD. VIDE ORDER DATED 30.11.2018 PASSED IN ITA NO. 5650/M/2017, THE MUMBAI BENCH OF THIS TRIBUNAL HAS DECIDED THE SIMIL AR ISSUE VIDE PARAGRAPH NO. 10 WHICH READS AS UNDER: 'WE SHALL NOW ADVERT TO THE OBSERVATION OF THE CIT( A) THAT THE LOSS SUFFERED BY THE ASSESSEE FROM F&O TRANSACTIONS COULD BE 'SET OFF AGAINST THE INCOME OF RS.5,73,96,307/- ASSESSED BY THE A.O UNDER SEC. 68 OF THE ACT. WE FIND THAT SEC. 115BBE WAS BROUGHT ON THE STATUTE BY THE FINANCE ACT, 2012 WITH EFFECT FROM 01.04.2O13. ON A PERUSAL OF THE SAID STATUTORY PROVISION, AS WAS THEN SO AVAILABLE ON THE STATUTE AND WAS APPLICABLE TO THE CASE OF THE ASSESSEE FOR THE YEAR UNDER CONSIDERATION I.E A.Y. 20L3-14, NO RESTRICTION WAS PLACED AS REGARDS 'SET OFF OF LOSSES AGAINST THE INCOME REFER RED TO IN SEC. 68, 69, 69A, 69B, 69C AND 69D. RATHER, THE LEGISLATURE IN ALL ITS WISDOM BY A MENDING SEC. 115BBE VIDE FINANCE ACT, 2016 W.E.F 01.04.2017 HAD ONLY W.E.F A.Y. 2017-18 P LACED A RESTRICTION ON 'SET OFF OF LOSSES, IN ADDITION TO RAISING OF ANY CLAIM OF EXPENDITURE AND ALLOWANCE AGAINST SUCH INCOME. THE FACT THAT THE AFORESAID AMENDMENT OF SEC. 115BBE BY THE FINANCE ACT, 2016, W.E.F 01.04.2O17 IS 5 ITA NO. 915/KOL/2019 AMRIT HATCHERIES PVT. LTD. AY 2014-15 PROSPECTIVE IN NATURE CAN SAFELY BE GATHERED FROM A PERUSAL OF THE CBDT CIRCULAR NO. 3/2017, DATED 20.01.2017. IN THE BACKDROP OF OUR AF ORESAID OBSERVATIONS, IT CAN SAFELY BE GATHERED THAT THERE WAS NO EMBARGO TO CLAIM 'SET OF F OF LOSSES IN THE YEAR UNDER CONSIDERATION I.E A.Y. 20L3-14. WE THUS IN TERMS OF OUR AFORESAID OBSERVATIONS ARE PERSUADED TO SUBSCRIBE TO THE VIEW TAKEN BY THE CIT(A) THAT THE LOSS SUFFERED BY THE ASSESSEE FROM F&O TRANSACTIONS COULD BE 'SET OFF' AGAINST THE INCOME OF RS.5,73,96 ,307/- THAT WAS ALLEGEDLY ASSESSED BY THE A.O UNDER SEC. 68 OF THE ACT. THE GROUND OF APPEAL NO. 2 RAISED BY THE REVENUE IS DISMISSED.' 13. AS THE ISSUE INVOLVED IN THE PRESENT CASE AS WE LL AS ALL THE MATERIAL FACTS RELEVANT THERETO ARE SIMILAR TO THAT OF M/S. PRISM SHARE TRADING PVT . LTD., WE RESPECTFULLY FOLLOW THE DECISION RENDERED BY THE TRIBUNAL IN THE SAID CASE AND UPHOL D THE IMPUGNED ORDER OF THE LD. CIT(A) ALLOWING THE CLAIM OF THE ASSESSEE FOR SET OFF OF L OSS UNDER THE HEAD 'PROFITS AND GAINS OF BUSINESS OR PROFESSION' AGAINST THE INCOME ASSESSED U/S 68. GROUND NO. 3 OF THE REVENUE'S APPEAL IS ACCORDINGLY DISMISSED. 7. WE FURTHER FIND THAT THE CONTENTION OF THE APPEL LANT NOW STANDS FURTHER FORTIFIED BY THE CIRCULAR NO. 11/2019 DATED 19.06.2019 ISSUED BY THE CBDT. THE RELEVANT EXTRACTS OF THE CIRCULAR IS AS FOLLOWS: WITH EFFECT FROM 1-4-2017, SUB-SECTION (2) OF SECT ION 115BBE OF THE INCOME-TAX ACT, 1961 (ACT) PROVIDES THAT WHERE TOTAL INCOME OF AN ASSESS EE INCLUDES ANY INCOME REFERRED TO IN SECTION(S) 68/69/69A/69B/69C/69D OF THE ACT, NO DED UCTION IN RESPECT OF ANY EXPENDITURE OR ALLOWANCE OR SET OFF OF ANY LOSS SHALL BE ALLOWED T O THE ASSESSEE UNDER ANY PROVISIONS OF THE ACT IN COMPUTING THE INCOME REFERRED TO IN SECTION 115BBE(1) OF THE ACT. 2. IN THIS REGARD, IT HAS BEEN BROUGHT TO THE NOTIC E OF THE CENTRAL BOARD OF DIRECT TAXES (THE BOARD) THAT IN ASSESSMENTS PRIOR TO ASSESSMENT YEAR 2017-18, WHILE SOME OF THE ASSESSING OFFICERS HAVE ALLOWED SET OFF OF LOSSES AGAINST THE ADDITIONS MADE BY THEM UNDER SECTION(S) 68/69/69A/69B/69C/69D, IN SOME CASES, SET OFF OF LO SSES AGAINST THE ADDITIONS MADE UNDER SECTION 115BBE(1) OF THE ACT HAVE NOT BEEN ALLOWED. AS THE AMENDMENT INSERTING THE WORDS 'OR SET OFF OF ANY LOSS' IS APPLICABLE WITH EFFECT FROM 1ST OF APRIL, 2017 AND APPLIES FROM ASSESSMENT YEAR 2017-18 ONWARDS, CONFLICTING VIEWS HAVE BEEN TAKEN BY THE ASSESSING OFFICERS IN ASSESSMENTS FOR YEARS PRIOR TO ASSESSME NT YEAR 2017-18. THE MATTER HAS BEEN REFERRED TO THE BOARD SO THAT A CONSISTENT APPROACH IS ADOPTED BY THE ASSESSING OFFICERS WHILE APPLYING PROVISION OF SECTION 115BBE IN ASSESSMENTS FOR PERIOD PRIOR TO THE ASSESSMENT YEAR 2017-18. 3. THE BOARD HAS EXAMINED THE MATTER. THE CIRCULAR NO. 3/2017 OF THE BOARD DATED 20TH JANUARY, 2017 WHICH CONTAINS EXPLANATORY NOTES TO T HE PROVISIONS OF THE FINANCE ACT, 2016, AT PARA 46.2, REGARDING AMENDMENT MADE IN SECTION 1 15BBE(2) OF THE ACT MENTIONS THAT CURRENTLY THERE IS UNCERTAINTY ON THE ISSUE OF SET- OFF OF LOSSES AGAINST INCOME REFERRED TO IN SECTION 115BBE. IT ALSO FURTHER MENTIONS THAT THE P RE-AMENDED PROVISION OF SECTION 115BBE OF THE ACT DID NOT CONVEY THE INTENT ION THAT LOSSES SHALL NOT BE ALLOWED TO BE 6 ITA NO. 915/KOL/2019 AMRIT HATCHERIES PVT. LTD. AY 2014-15 SETOFF AGAINST INCOME REFERRED TO IN SECTION 115BBE OF THE ACT AND HENCE, THE AMENDMENT WAS MADE VIDE THE FINANCE ACT, 2016. 4. THUS KEEPING THE LEGISLATIVE INTENT BEHIND AMEND MENT IN SECTION 115BBE(2) VIDE THE FINANCE ACT, 2016 TO REMOVE ANY AMBIGUITY OF INTERP RETATION, THE BOARD IS OF THE VIEW THAT SINCE THE TERM 'OR SET OFF OF ANY LOSS' WAS SPECIFI CALLY INSERTED ONLY VIDE THE FINANCE ACT 2016, W.E.F. 1-4-2017, AN ASSESSEE IS ENTITLED TO CLAIM S ET-OFF OF LOSS AGAINST INCOME DETERMINED UNDER SECTION 115BBE OF THE ACT TILL THE ASSESSMENT YEAR 2016-17. 5. THE CONTENTS OF THIS CIRCULAR MAY BE CIRCULATED WIDELY FOR INFORMATION OF ALL STAKEHOLDERS AND DEPARTMENTAL OFFICERS. THE PENDING ASSESSMENTS AND LITIGATIONS ON THIS ISSUE MAY BE HANDLED ACCORDINGLY. 8. RESPECTFULLY FOLLOWING THE DECISIONS CITED ABOVE AND THE CBDT CIRCULAR NO. 11/2019, WE FIND THAT THE ORDER OF AO ON THIS ISSUE CANNOT BE TERMED AS ERRONEOUS AS WELL AS PREJUDICIAL TO THE REVENUE. THEREFORE, WE FIND THA T THE SHOW CAUSE DATED 30.01.2019 ISSUED BY THE LD. PR. CIT AND THE CONSEQUENT ORDER PASSED U/S 263 IS LEGALLY UNSUSTAINABLE FOR WANT OF JURISDICTION AND ACCORDINGLY THE SAME IS HEREBY CANCELLED. 9. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. ORDER IS PRONOUNCED IN THE OPEN COURT ON 6 TH SEPTEMBER, 2019. SD/- SD/- (DR. A. L. SAINI) (A. T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 6 TH SEPTEMBER, 2019 BISWAJIT (SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1 APPELLANT AMRIT HATCHERIES PVT. LTD., 158, LENIN SARANI, KOLKATA 700 013. 2 RESPONDENT PR. CIT, CENTRAL 1, KOLKATA. 3 4 5 CIT(A) - , KOLKATA CIT , KOLKATA. DR, KOLKATA BENCHES, KOLKATA / TRUE COPY, BY ORDER, ASSISTANT REGISTRAR