RAJASTHAN DRUGS & PHARMACEUTICALS LTD., Jaipur V. ACIT, Jaipur

ITA 984/JPR/2016

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 2150 (ITAT-JAIPUR)
• Duration Of Justice: 5 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-04-2017
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 09-11-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: NEENA JAIF JCIT DHK
• Keywords: Business income; Additional evidence; Corroborative evidences
• Section: 143(3); 194C

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH DQY HKKJR] U;KF;D LNL; ,OA JH FOE FLAG ;KNO] YS [KK LNL; DS LE{K BEFORE: SHRI KUL BHARAT, JM & SHRI VIKRAM SINGH YAD AV, AM VK;DJ VIHY LA-@ ITA NO. 984/JP/2016 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2012-13. M/S RAJASTHAN DRUGS & PHARMACEUTICALS LTD., ROAD NO. 12, VKI AREA, JAIPUR. CUKE VS. THE ACIT, CIRCLE-4, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO. AAACR 6742 D VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI P.C. PARWAL (CA) JKTLO DH VKSJ LS@ REVENUE BY : SMT. NEENA JAIF (JCIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 10.04.2017. ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 27 /04/2017. VKNS'K@ ORDER PER SHRI KUL BHARAT, JM. THE APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LD. CIT (APPEALS)- 2, JAIPUR DATED 24.08.2016 PERTAINING TO ASSESSMENT YEAR 2012-13. THE ASSESSEE HAS RAISED THE FOLLOWING GROUND OF AP PEAL :- 1. THE LD. CIT(A) HAS ERRED ON FACTS AND IN LAW IN CONFIRMING THE ADDITION OF RS. 94,65,432/- OUT OF RS. 1,34,40,879/- MADE BY AO ON ACCOUNT OF UNRECORDED RECEIPT ON THE BASIS OF RECEIPT REFLECTE D IN FORM 26AS BY NOT ACCEPTING THE EXPLANATION OF THE ASSESSEE THAT THESE RECEIPT DO NOT PERTAIN TO IT BUT PERTAIN TO IS STOCKIEST M/S EASTE RN DRUGS AND SANITARY PRODUCTS, MEERUT. SHE HAS FURTHER ERRED IN CONFIRM ING THE PART ADDITION MERELY BECAUSE ASSESSEE HAS PRODUCED CONFIRMATION F ROM 5 CMO ONLY BY NOT ACCEPTING THE CONTENTION OF ASSESSEE THAT SI NCE THE SYSTEM REMAINS SAME IN RESPECT OF OTHER CMOS ALSO, THE SAM E SHOULD BE ACCEPTED EVEN WHEN NO REPLY IS RECEIVED FROM THEM. 1.1 THE LD. CIT(A) HAS FURTHER ERRED IN CONFIRMING THE ABOVE ADDITION BY INCORRECTLY HOLDING THAT NO EVIDENCE HAS BEEN PRODU CED BY M/S EDSP THAT THESE RECEIPTS PERTAIN TO THEM. 2 ITA NO. 984/JP/2016 M/S RAJASTHAN DRUGS & PHARMACEUTICALS LTD, JAIPUR. 1.2 THE LD CIT(A) HAS ERRED ON FACTS AND IN LAW IN NOT DIRECTLING THE AO TO ALLOW THE CREDIT OF TDS OF RS. 2,10,349/- WHILE CON FIRMING THE ABOVE ADDITION. 2. THE ASSESSEE CRAVES TO AMEND, ALTER AND MODIFY A NY OF THE GROUNDS OF APPEAL. 3. THE APPROPRIATE COST BE AWARDED TO THE ASSESSEE. 2. BRIEFLY STATED THE FACTS ARE THAT THE ASSESSEE C OMPANY HAD FILED ITS RETURN FOR THE FINANCIAL YEAR 2011-12 DECLARING TOTAL INCOME O F RS. 1,13,20,330/-. THE CASE WAS SELECTED FOR SCRUTINY ASSESSMENT AND THE ASSESS MENT UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO A S THE ACT) WAS FRAMED VIDE ORDER DATED 19 TH DECEMBER, 2014. WHILE FRAMING THE ASSESSMENT, THE ASSESSING OFFICER OBSERVED THAT ON VERIFICATION FOR FORM 26AS, IT WAS OBSERVED THAT ASSESSEE HAD ALSO RECEIVED CONTRACTS RECEIPTS AND TAX HAS BEEN DEDUCT ED AT SOURCE U/S 194C OF THE ACT. THE ASSESSING OFFICER OBSERVED THAT THE ASSES SEE HAD NOT DISCLOSED THE RECEIPTS AMOUNTING TO RS. 1,34,40,879/- THE ASSESSEE WAS CAL LED UPON TO EXPLAIN THIS DISCREPANCY. THE ASSESSING OFFICER DID NOT ACCEPT THE EXPLANATION OF THE ASSESSEE, THAT ASSESSEE COMPANY IS SUPPLYING GOODS TO M/S EDS P AND IN TURN M/S EDSP IS SUPPLYING THE GOODS TO CMOS IN THE STATE OF UP AN D PROCEED TO MAKE ADDITION ON THIS AMOUNT. HENCE, THE ASSESSING OFFICER COMPUTED THE INCOME OF RS. 2,47,61,209/- AGAINST DISCLOSED AT RS. 1,13,20,330/ - BY THE ASSESSEE. 3. AGGRIEVED BY THIS, THE ASSESSEE PREFERRED AN APP EAL BEFORE LD. CIT(A), WHO AFTER CONSIDERING THE SUBMISSIONS PARTLY ALLOWED TH E APPEAL. THEREBY, THE LD. CIT(A) RESTRICTED THE ADDITION TO THE EXTENT OF RS. 94,65,432/-. AGGRIEVED BY THIS, THE ASSESSEE IS IN APPEAL. 3 ITA NO. 984/JP/2016 M/S RAJASTHAN DRUGS & PHARMACEUTICALS LTD, JAIPUR. 4. GROUND NO. 1 TO 1.1 IS AGAINST CONFIRMATION OF A DDITION OF RS. 94,65,432/-. LD. COUNSEL FOR THE ASSESSEE REITERATED THE SUBMISS IONS HAS MADE IN THE WRITTEN SUBMISSIONS. THE WRITTEN SUBMISSIONS ARE REPRODUCE D AS UNDER:- SUBMISSION:- 1. IT IS SUBMITTED THAT M/S EDSP, MEERUT WAS APPOINTED AS STOCKIEST OF THE ASSESSEE FOR THE SUPPLY OF DRUGS AND MEDICINES TO THE GOVERN MENT HOSPITALS VIDE AGREEMENT DT. 30.04.2009 (PB 29-32 ). THIS AGREEMENT WAS FOR A PERIOD OF 2 YEARS I.E. FROM 1 ST MAY 2009 TO 30 TH APRIL 2011. THIS AGREEMENT WAS FURTHER RENEWED AS PER CLAUSE 14 OF THE AGREEMENT ( PB 31). AS PER CLAUSE 3 OF THE AGREEMENT (PB 30) , THE ASSESSEE SHALL INVOICE THE PRODUCT TO THE STO CKIEST AND THE STOCKIEST SHALL INVOICE THE PRODUCT AS PER THE COMPANY PRICE LIST P ROVIDED FOR GOVT. SALE OR TO ANY OTHER CUSTOMER. ACCORDINGLY, ASSESSEE SUPPLY THE M EDICINES TO EDSP BY RAISING ITS INVOICE AN EDSP FURTHER SUPPLY THE GOODS OF GOV T. HOSPITAL BY RAISING ITS OWN INVOICE. 2. AS PER THE PURCHASE POLICY OF THE GOVERNMENT HOSPIT ALS IN THE STAT OF U, PUBLIC SECTOR UNDERTAKING CAN SUPPLY THE MEDICINE THROUGH THE AUTHORIZED DISTRIBUTOR BUT THE PAYMENT WILL BE MADE TO THE MANUFACTURING F IRM ONLY (PB 26-28). ACCORDINGLY, EDSP, RAISES ITS INVOICE IN WHICH NAME OF THE ASSESSEE IS ALSO MENTIONED. SAMPLE INVOICE IS ENCLOSED. ON THE BAS IS OF SUCH INVOICE, THE CHIEF MEDICAL OFFICERS (CMOS) OF THE GOVT. HOSPITAL ISSUE THE CHEQUE /DD IN THE NAME OF ASSESSEE WHICH IS COLLECTED BY EDSP AND SENT TO THE ASSESSEE. THE ASSESSEE DEPOSITS SUCH CHEQUE IN ITS BANK ACCOUNT AND GIVES CREDIT OF THE SAME TO THE ACCOUNT OF EDSP. 3. IN THIS BACKGROUND, IT IS TO BE NOTED THAT CERTAIN GOVT. HOSPITALS HAVE DEDUCTED TAX AT SOURCE ON THE SUPPLY OF MEDICINES MADE BY ED SP TO THESE HOSPITALS EVEN THOUGH THERE IS NO REQUIREMENT OF DEDUCTION OF TAX AT SOURCE ON SUPPLY OF GOODS. THESE GOVT. HOSPITALS HAVE ISSUED CHEQUES/DD IN RES PECT OF SUPPLY MADE BY EDSP IN THE NAME OF THE ASSESSEE AND ACCORDINGLY IN THE TDS RETURN FILED BY THEM, IT IS REFLECTED IN THE NAME OF THE ASSESSEE. THESE DD/CH EQUES ARE COLLECTED BY EDSP AND WHEN SEND TO THE ASSESSEE, THE SAME IS DEPOSITE D IN THE BANK ACCOUNT AND THE CREDIT IS GIVEN TO THE ACCOUNT OF EDSP AGAINST THE SUPPLY OF MEDICINES MADE BY ASSESSEE TO IT. COPY OF THE LEDGER ACCOUNT OF E DSP IN THE BOOKS OF ACCOUNTS OF THE ASSESSEE IN THIS CONNECTION IS A PB 33-41 . THUS, THE RECEIPT OF RS. 1,34,40,897/- ON WHICH TDS OF RS. 2,97,705/- IS DED UCTED DO NOT PERTAIN TO THE ASSESSEE AND IT IS FOR THIS REASON THE ASSESSEE WAS NEITHER AWARE OF THE FACT THAT ANY SUCH TAX HAS BEEN DEDUCTED AT SOURCE IN ITS NAM E NOR IT HAS CLAIMED CREDIT OF SUCH TAX DEDUCTED AT SOURCE IN THE RETURN FILED BY IT. 4. IN COURSE OF ASSESSMENT PROCEEDINGS, WHEN THIS ISSU E WAS RAISED BY THE AO. ASSESSEE HAS WRITTEN A LETTER DT. 29.07.2011 THROUG H ITS DGM (MARKETING) ( PB 23- 24) AND A LETTER DT. 04-08-2011 DIRECTLY TO EDSP (PB 21-22 ) WITH THE REQUEST TO FURNISH THE DETAILS AS TO WHO MADE THE SUPPLY OF TH E GOOD TO THE GOVT. HOSPITAL ON WHICH TAX IS DEDUCTED AT SOURCE AND WHO COLLECTE D THE ORIGINAL TDS CERTIFICATE. 4 ITA NO. 984/JP/2016 M/S RAJASTHAN DRUGS & PHARMACEUTICALS LTD, JAIPUR. IN RESPONSE TO THIS EDSP HAS INFORMED THAT ACCORDIN G TO PURCHASE POLICY OF GOVT. HOSPITAL IN THE STATE OF UP AND AS PER THE TERMS OF TENDER, PUBLIC SECTOR UNDERTAKINGS HAVE BEEN GIVEN PRIVILEGE OF MAKING TH E SUPPLIED THOUGH THEIR DISTRIBUTORS BUT THE PAYMENT HAS TO BE MADE TO THE PUBLIC SECTOR COMPANIES ONLY. THEREFORE, THE GOVT. HOSPITALS HAD MADE THE PAYMENT DIRECTLY IN ASSESSEES ACCOUNT AND DEDUCTED & CREDITED THE TAX IN THE ACCO UNT OF THE ASSESSEE. IT IS FURTHER CLAIMED BY EDSP THAT CREDIT OF SUCH TDS BE TRANSFERRED TO THEIR ACCOUNT AND THE CREDIT NOTE BE ISSUED FOR THE SAME AS SUPPL IES WERE MADE BY THEM (PB 25) . THUS, IT IS CLEAR THAT THE AMOUNT ON WHICH TAX I S DEDUCTED AT SOURCE BY THE GOVT. HOSPITAL IS SALE OF EDSP AND NOT THE SALE OF THE ASSESSEE. THE CIT (A) HAS INCORRECTLY HELD THAT ASSESEE HAS NOT PRODUCE ANY C ONFIRMATION/ EVIDENCE FROM M/S EDSP WHICH SUPPORTS THE CLAIM OF ASSESSEE THAT THESE RECEIPTS RELATE TO M/S EDSP AND NOT TO ASSESSEE WHEREAS THIS LETTER OF N/S EDSP CONFIRMS THAT THE AMOUNT ON WHICH TAX IS DEDUCTED AT SOURCE BELONGS T O THEM AND NOT TO THE ASSESSEE. THUS, THE AMOUNT INVOLVED IN TDS CERTIFI CATES IS NOT THE SALE/INCOME OF THE ASSESEE AND THEREFORE, ADDITION MADE BY THE AO AND CONFIRMED BY THE LD. CIT(A) WITHOUT TAKING COGNIZANCE OF THE MANNER IN W HICH GOODS ARE SUPPLIED BY THE STOCKIEST OF THE ASSESSEE TO THE GOVT. HOSPITAL IS UNCALLED FOR AND UNJUSTIFIED. 5. IT MAY BE SUBMITTED THAT THE MD OF THE ASSESSEE HAS ALSO FILED AN AFFIDAVIT IN THIS REGARD (PB 42). HOWEVER, THE LOWER AUTHORITIES HAVE STATED THAT S UCH AFFIDAVIT HAS NO EVIDENTIARY VALUE AS IT IS WITHOUT ANY SUPPO RTING EVIDENCE. THIS FINDING IS INCORRECT AS THE VARIOUS EVIDENCES IN SUPPORT OF TH E AFFIDAVIT WERE ALREADY FILED BY THE ASSESSEE IN COURSE OF THE ASSESSMENT PROCEED INGS. IT WAS ALSO POINTED OUT TO THE AO THAT ASSESSEE HAS SOLD GOODS TO EDSP WHIC H IS MUCH MORE THAN THE AMOUNT INVOLVED IN FORM 26AS BUT CORRELATION OF THE AMOUNT INVOLVED IN TDS CERTIFICATES WITH THE BOOKS OF ACCOUNTS OF THE ASSE SSEE IS NOT POSSIBLE AS THE SAME IS NOT SALE OF THE ASSESSEE BUT SALE OF EDSPC TO THE GOV. HOSPITAL. ALL THESE FACTS WERE IGNORED BY THE AO AND WITHOUT MAKING ANY ENQUIRY THE LOWER AUTHORITIES HAVE SUSTAINED THE ADDITION. THE ASSES SEE THEREAFTER, AGAIN ISSUED LETTER DATED 17.07.2015 AND LEGAL NOTICE DATED 03.0 9.2015 TO THE CMO'S TO SUPPLY THE INFORMATION. IN RESPONSE TO THE SAME, F OLLOWING CMO'S HAVE SENT THE REPLY ALONG WITH COPY OF INVOICES RAISED BY EDSP ON WHICH TAX IS DEDUCTED AT SOURCE BY THEM WHICH IS REFLECTED IN FORM 26AS OF A SSESSEE:- NAME OF CMO AMOUNT PAID (IN RS.) TAX DEDUCTED (IN RS.) S. NO. OF FORM 26AS CHIEF MEDICAL SUPERINTENDENT WOMEN HOSPITAL MATHURA 94,934 1,900 1 CHIEF MEDICAL SUPERINTENDENT DISTRICT HOSPITAL 6,51,947 13,950 4 5 ITA NO. 984/JP/2016 M/S RAJASTHAN DRUGS & PHARMACEUTICALS LTD, JAIPUR. MATHURA CHIEF MEDICAL OFFICER PRATAPGARH 26,51,172 59,386 15 LAL BAHADUR SHASTRI HOSPITAL VARANASI 2,97,754 6,103 17 CHIEF MEDICAL SUPERINTENDENT HOSPITAL BIJNOR 2,79,640 6,016 23 COPY OF FORM 26AS LINKING IT WITH THE INVOICE RAISE D BY EDSP WAS FILED BEFORE CIT(A) BY WAY OF ADDITIONAL EVIDENCE ON 29.01.2016 ( PB 4-11 ). THE AO IN RESPECT OF CMOS WHERE INVOICES WERE SUBMITTED HAS ACCEPTED THE CONTENTION OF THE ASSESEE THAT THE RECEIPT OF RS. 39,75,447/- BELONG TO EDSP AND NOT TO ASSESSEE BUT DID NOT ACCEPT THE CONTENTION OF ASSESEE IN RES PECT OF OTHER CMOS WHO HAVE NOT REPLIED. HOWEVER, HE IGNORED THE FACT THAT SYS TEM REMAINS SAME IN RESPECT OF OTHER CMOS ALSO WHO HAS NOT FURNISHED THE INVOIC E INSPITE OF LEGAL NOTICE. IT IS NOT THE CASE OF LOWER AUTHORITIES THAT ANY OF THE CMO HAVE ADMITTED THAT GOODS WERE SUPPLIED TO THEM NOT BY EDSP BUT BY THE ASSESS EE DIRECTLY. IF THE LOWER AUTHORITIES HAVE ANY DOUBT REGARDING THE REMAINING CMOS, THEY MAY HAVE MADE DIRECT ENQUIRY FROM THEM TO CONFIRM THE FACT. IN A NY CASE, EDSP HAS ACCEPTED THAT THE RECEIPT ON WHICH TAX IS DEDUCTED AT SOURCE IN THE NAME OF ASSESSEE BY THE CMOS BELONG TO IT AND ALSO REQUESTED TO TRANSFE R THE TD CREDIT TO ITS ACCOUNT (PB 25). THUS, MERELY BECAUSE PAYMENT IS REFLECTED IN FORM 26AS AND IS SHOWN TO HAVE BEEN MADE TO THE ASSESSEE, IT CANNOT BE BRO UGHT TO TAX IN HIS HANDS WHEN THE SAID MONEY IS NOT RECEIVED BY THE ASSESSEE AS HELD IN THE CASE OF RAVINDRA PRATAP THREJA VS. ITO (2016) 129 DTR 181 (J AB.) (TRIB) (PB 43-45). 6. THE AO HAS ALSO OBSERVED THAT M/S EDSP IS UNDER THE INVESTIGATION OF BI UNDER THE NRHM SCAM. HOWEVER, THIS HAS NOTHING TO DO WIT H THE ASSESSEE AS GOODS SUPPLIED BY THE ASSESSEE TO EDSP HAVE BEEN DULY ACC OUNTED FOR BY IT N THE BOOKS OF ACCOUNTS. IF EDSP IS INVOLVED IN ANY SCAM IN RE SPECT OF THE GOODS SUPPLIED BY IT TO THE GOVT. HOSPITAL, ASSESSEE IS NOT RESPONSIBLE. IT IS NOT THE CASE OF AO THAT ANY SALE MADE BY ASSESSEE TO EDSP IS NOT ACCOUNTED OR IT HAS PRODUCED ANY GOODS OUT OF BOOKS OR THE BOOKS OF ACCOUNTS ARE NOT RELIA BLE. THEREFORE, THE FINDING OF THE AO THAT AS THERE IS CBI ENQUIRY GOING AGAINST E DSP AND THE INVESTIGATION IS NOT COMPLETED THE CONTENTION OF THE ASSESSEE CAN NO T BE ACCEPTED AT THIS STAGE IS IRRELEVANT FOR MAKING THE ADDITION. 7. THE HONBLE ITAT VIDE ORDER DATED 05.02.2016 IN ASS ESSEES OWN CASE IN ITA NO. 425/JP/15 FOR AY 2011-12 ( PB 46-52 ) HAS RESTORED THE MATTER TO THE AO FOR FRESH ASSESSMENT AFTER VERIFICATION OF DOCUMENTS FILED BE FORE HONBLE ITAT AND TO ISSUE APPROPRIATE NOTICES TO EDSP AND OTHER AGENCIES INVO LVED IN THE MATTER TO FIND OUT 6 ITA NO. 984/JP/2016 M/S RAJASTHAN DRUGS & PHARMACEUTICALS LTD, JAIPUR. THE TRUTH AND IF REQUIRED TO CALL RECORDS FROM BI T O FIND OUT THE CORRECT FACTS AND CIRCUMSTANCES. THE AO AFTER VERIFICATION OF DOCUME NTS FILED BY ASSESSEE COMPLETED THE ASSESSMENT AND VIDE ITS ORDER DT. 29. 12.2016, DELETED THE ADDITION IN RESPECT OF 3 CMOS FROM WHOM CONFIRMATIONS HAVE B EEN OBTAINED BUT MADE THE ADDITION IN RESPECT OF OTHER CMOS. AGAINST THE ADDITION SO MADE, ASSESSEE HAS FILED AN APPEAL BEFORE CIT(A) ON 27.01.2017 WHI CH IS STILL PENDING. HOWEVER, IN MAKING THE ADDITION, AO HAS NOT FOLLOWED THE DIR ECTIONS GIVEN BY HONBLE ITAT AND HAS NOT ISSUED ANY NOTICES TO EDSP AND OTHER AG ENCIES INVOLVED IN THE MATTER OR CALLED THE RECORDS FROM CBI TO FIND OUT THE CORR ECT FACTS AND CIRCUMSTANCES. THEREFORE, IN THE ABSENCE OF ANY ADVERSE MATERIAL A GAINST THE ASSESSEE AND WITHOUT CONSIDERING THE CONFIRMATION OF EDSP THAT T HE AMOUNT REFLECTED IN FORM NO. 26AS OF THE ASSESSEE PERTAINS TO IT, THE ADDITI ON MADE BY AO AND CONFIRMED BY CIT(A) IS INCORRECT. 4.1 ON THE CONTRARY, THE LD. DEPARTMENTAL REPRESENT ATIVES OPPOSED THE SUBMISSIONS AND SUPPORTED THE ASSESSMENT ORDER. 4.2 WE HAVE HEARD THE RIVAL CONTENTIONS, PERUSED TH E MATERIAL AVAILABLE ON RECORD. THE LD. CIT(A) DECIDED THE ISSUE IN PARA 2. 3 AS UNDER:- 2.3 I HAVE PERUSED THE FACTS OF THE CASE, THE ASSESSMEN T ORDER AND THE SUBMISSIONS OF THE APPELLANT. DURING THE ASSESSMEN T PROCEEDINGS, IT WAS NOTICED BY THE ASSESSING OFFICER THAT FORM NO. 26AS RELATING TO THE ASSESSEE REFLECTED RECEIPTS OF AN AMOUNT OF RS. 1,34,40,679/ - ON WHICH A TDS OF RS. 2,97,705/- HAD BEEN MADE AND WHICH HAD NOT BEEN ACC OUNTED FOR BY THE ASSESSEE NOR THE TDS THEREON WAS CLAIMED IN RETURN OF INCOME FILED. RECEIPTS OF RS. 9,16,144/- WERE ACCOUNTED FOR BY THE ASSESSE E AS REFLECTED IN THE FORM NO. 26AS AND THE TDS THEREON OF RS. 80,837/- WAS CL AIMED IN THE RETURNED OF INCOME FILED. THE ASSESSING OFFICER, SHOW CAUSED T HE ASSESSEE AS TO WHY THE ABOVE RECEIPTS WERE NO ACCOUNTED FOR IN ITS ACCOUNT S. THE ASSESSEE VIDE LETTER DATED 15.12.2014 HAD SUBMITTED THAT THE ASSE SSEE COMPANY IS ENGAGED IN MANUFACTURING AND SUPPLYING OF PHARMACEUTICALS P RODUCTS AND IS A PUBLIC SECTOR UNDER TAKING IN WHICH 51 % EQUITY IS HELD BY THE CENTRAL GOVERNMENT AND 49 % IS HELD BY GOVERNMENT OF RAJASTHAN. IT WA S FURTHER SUBMITTED THAT 7 ITA NO. 984/JP/2016 M/S RAJASTHAN DRUGS & PHARMACEUTICALS LTD, JAIPUR. THE FORM NO. 26AS INCLUDED RECEIPTS OF RS. 134,40,8 79/- WHICH RELATED TO M/S EASTERN DRUGS AND SANITARY PRODUCTS (EDSP) WHICH WA S THE SOLE DISTRIBUTOR OF THE ASSESSEE COMPANY FOR THE STATE OF UP AND AS PER THE PURCHASE POLICY OF THE STATE, PAYMENTS WERE TO BE MADE TO ONLY A PUBLI C SECTOR COMPANY AND EDSP BEING A PRIVATE COMPANY THE PAYMENTS WERE MADE IN THE NAME OF M/S RAJASTHAN DRUGS & PHARMACEUTICALS LTD AND HENCE TDS WAS ALSO DEDUCTED IN THE NAME OF THE ASSESSEE COMPANY EVEN THOUGH THE GO ODS HAD BEEN SUPPLIED IN THE STATE BY M/S EDSP. IT WAS FURTHER CLARIFIED THAT THESE RECEIPTS RELATED TO SALES MADE TO THE CHIEF MEDICAL OFFICER'S IN THE STATE OF UP BY M/S EDSP AND BILLING WAS ALSO UNDERTAKEN BY M/S EDSP AND THE RECEIPTS ALSO RELATED TO THEM AND THE TOTAL SALES MADE TO THE M/S EDSP DURIN G THE YEAR BY THE ASSESSEE COMPANY WAS RS. 3,05,05,567/- WHICH IS MUC H HIGHER THAN THE AMOUNT OF SALES APPEARING IN FORM NO. 26AS. AN AFF IDAVIT OF THE MANAGING DIRECTOR OF THE COMPANY, STATING THESE COMPLETE FAC TS, HAD ALSO BEEN FILED DURING THE ASSESSMENT PROCEEDINGS. THE ASSESSING O FFICER DID NOT ACCEPT THE SUBMISSIONS FOR THE REASONS AS ENUMERATED BY HIM IN HIS ORDER AT PAGE-5 AND WHICH ARE REPRODUCED BELOW:- '1.5 I HAVE CONSIDERED THE REPLY OF THE ASSESSEE CA REFULLY. THE EXPLANATION FURNISHED BY THE ASSESSEE COMPANY IS NOT ACCEPTABLE FOR THE F OLLOWING REASONS;- (A) ASSESSEE'S ARGUMENT THAT AS ASSESSEE IS GOVERNM ENT UNDERTAKING AND ITS ACCOUNT HAD BEEN AUDITED BY VARIOUS AGENGIES, HENCE, 'THERE CANNOT TO ANY POSSIBILITY AT ANY STAGE THAT ANY TRANSACTION REMAIN UNACCOUNTED OR AN Y INCOME REMAIN UNACCOUNTED IN BOOKS OF ACCOUNTS OF ASSESSEE COMPANY' IS NOT A PLAUSIBLE, RATIONAL AND SATISFACTORY ARGUMENT. (B) POINT NUMBER 2 OF ASSESSEE'S REPLY IS NOT ACCEP TABLE AS ASSESSEE FAILED TO FURNISH ANY EVIDENCE SHOWING THAT SAID RECEIPTS PERTAINS TO M/S EDSP. ASSESSEE FAILED TO SUBMIT ANY CONFIRMATION FROM M/S EDSP. ALSO, FORM 2 6AS DID NOT REFLECT SAID RECEIPT IN NAME OF M/S EDSP. THUS POINT NUMBER 2 OF ASSESS EE REPLY IS NOT ACCEPTABLE. (C) POINT NUMBER 3 OF ASSESSEE'S REPLY IS NOT ACCEP TABLE BECAUSE SAID COMMUNICATION LETTER BETWEEN ASSESSEE AND M/S EDSP PERTAINS TO FI NANCIAL YEAR 2009-2010 AND NOT OF F. Y 2011-12. ALSO, AS PER REPLY OF M/S EDSP M/ S EDSP HAD REQUESTED 'TO TRANSFER THESE AMOUNTS (TDS) IN M/S EDSP ACCOUNT AND ISSUE C REDIT NOTE FOR THE SAME'. HOWEVER, ASSESSEE FAILED TO FURNISH ANY EVIDENCE RE GARDING SAID TRANSFER OF TDS 8 ITA NO. 984/JP/2016 M/S RAJASTHAN DRUGS & PHARMACEUTICALS LTD, JAIPUR. AMOUNTS AND RELATED CREDIT NOTES. THUS, POINT NUMB ER 3 OF ASSESSEE'S REPLY IS NOT ACCEPTABLE. (D) FURTHER THE ASSESSEE COMPANY STATED THAT ALL TD S ENTRIES PERTAINS TO SALE MADE IN UP STATE AND RELATES TO M/S EDSP AND THE SAID TDS A LSO PERTAINS TO M/S EDSP. THE CONTENTION OF THE ASSESSEE COMPANY IS NOT ACCEPTABL E AS WHEN THE TDS ENTITIES RELATES TO M/S EDSP THEN WHY NOT M/S EDSP THEN WHY NOT M/S EDSP CLAIMED THE TDS IN THEIR OWN RETURN OF INCOME. (E) FURTHER THE ASSESSEE COMPANY ARGUED THAT THEY S OLD THE GOODS AND RAISED THE BILLS TO M/S EDSP AND THEREAFTER M/S EDSP SUPPLY THE GOOD S AND RAISED BILLS TO VARIOUS CMO'S (CHIEF MEDICAL OFFICERS) OF THE UP STATE. IN THIS REGARD, IT IS WORTHWHILE TO MENTION HERE THAT WHEN M/S EDSP RAISED THE BILLS TO VARIOUS CMO'S THEN WHY THE CMO'S WILL DEDUCT THE TDS OF THE ASSESSEE COMPANY. (F) IN POINT NUMBER 6, THE ASSESSEE COMPANY ARGUED THAT MD OF THE COMPANY HAD GIVEN AFFIDAVIT IN THIS REGARD THAT THE SAID RECEIP TS DOES NOT PERTAIN TO THE ASSESSEE COMPANY, IN THIS REGARD THAT THE SAID RECEIPTS DOES NOT PERTAINS TO THE ASSESSEE COMPANY. IN THIS REGARD, IT IS WORTHWHILE TO MENTI ON HERE THAT IN THE SAID AFFIDAVIT, THEMD HAD WRITTEN THAT 'THE FACT IS TRUE TO THE BES T OFF MY KNOWLEDGE SO HELP ME GOD'. SUCH AFFIDAVIT HAS NOT EVIDENTIARY VALUE IN THE EYES OF LAW AS IT IS WITHOUT ANY SUPPORTING EVIDENCES. (G) THERE WAS A BIG NRHM SCAM IN THE DISTRIBUTION A ND SUPPLYING OF THE MEDICINE AND THE CBI IS DOING ENQUIRY ON THIS ISSUE. IN THE PRE SENT CASE ALSO THE CBI AND THE ASSESSEE COMPANY SUBMITTED VARIOUS COPIES OF BILLS AND RELATED DOCUMENTS TO THE CBI FOR VERIFICATION IN CONNECTION WITH M/S EDSP. AS T HERE IS CBI ENQUIRY IS GOING ON AND THE INVESTIGATION IS NOT COMPLETED YET, SO, THE CON TENTION OF THE ASSESSEE COMPANY CANNOT BE ACCEPTED AT THIS STAGE THAT M/S EDSP USED THE PAN OF THE ASSESSEE COMPANY FOR DEDUCTING THE TDS. DUE TO THE ABOVE REASONS AN ADDITION OF RS. 1,34,40 ,879/- WAS MADE TO THE TOTAL INCOME OF THE ASSESSEE COMPANY. IN THE PRESE NT PROCEEDINGS, THE FACTS AS PRESENTED DURING THE ASSESSMENT PROCEEDING WERE RELATED AND FURTHER AN APPLICATION FOR ADMITTANCE OF ADDITIONAL EVIDENCE U NDER RULE 46A WAS ALSO FILED. THE EVIDENCES INCLUDED COPIES OF INVOICES R AISED BY M/S EDSP ON WHICH TAX AT SOURCE HAD BEEN DEDUCTED IN THE NAME OF M/S RAJASTHAN DRUGS & PHARMACEUTICALS LTD RELATING TO SIX CMOS, FURTHER, COPY OF THE FORM NO. 26AS 9 ITA NO. 984/JP/2016 M/S RAJASTHAN DRUGS & PHARMACEUTICALS LTD, JAIPUR. LINKING IT WITH INVOICES RAISED BY M/S EDSP WERE AL SO FILED. THE ASSESSEE HAS SUBMITTED THAT WHILE IT HAD ISSUED LETTERS/LEGAL NO TICES TO VARIOUS CMOS THE REPLIES RECEIVED ONLY FROM SIX OF THEM AND THE SAME MAY BE VERIFIED AND COULD BE TAKEN TO REPRESENT SIMILAR PURCHASES FOR R ECEIPTS SHOWN IN FORM NO. 26AS RELATING TO THE ASSESSEE. CONSIDERING THE OVE RALL CIRCUMSTANCES THE ADDITIONAL EVIDENCES WERE ADMITTED AND FORWARDED TO THE ASSESSING OFFICER FOR HIS COMMENTS. THE REMAND REPORT OF THE ASSESSING O FFICER DATED 28.07.2016 IS REPRODUCED BELOW:- 'AS PER RULE 46 (A) (1), THE ASSESSEE IS ENTITLED T O FURNISH ADDITIONAL EVIDENCE DURING APPELLATE PROCEEDINGS ONLY UNDER CIRCUMSTANCES MENT IONED IN CLAUSE (A) TO (D) OF SUB- RULE (1). IT MAY BE MENTIONED THAT CLAUSE (A), (C) AND (D) ARE NOT APPLICABLE IN THE CASE OF APPELLANT. IT IS FURTHER SUBMITTED THAT SU FFICIENT OPPORTUNITY WAS PROVIDED TO THE ASSESSEE TO PRODUCE EVIDENCE REGARDING CASH CRE DITORS BUT THE ASSESSEE FAILED TO PRODUCE THESE EVIDENCES DURING ASSESSMENT PROCEEDIN GS. EVEN DURING THE APPELLANT OF PROCEEDINGS BEFORE YOUR HONOUR THE ASSESSEE WAS UNABLE TO SUBMIT ANY DOCUMENT WHICH SHOWS THAT THERE WAS SUFFICIENT CAUSE WHICH P REVENTED HIM/THEM TO PRODUCE THESE DOCUMENTS BEFORE THE A. O. AT THE TIME OF ASS ESSMENT. DURING THE APPELLATE PROCEEDINGS THE ASSESSEE HAS F ILED LETTER ON 29.01.2016 REQUESTING FOR ADMISSION OF ADDITIONAL EVIDENCE UND ER RULE 46A RECEIVED FROM CHIEF MEDICAL OFFICER/SUPERINTENDENT. THE CASE HAS BEEN REMANDED BACK TO THIS OFFICE FOR ADMISSION OF ADDITIONAL EVIDENCE UNDER RULE 46(A)(1 )(B) OF IT RULES. TO ASCERTAIN THE GENUINENESS OF FACTS SUBMITTED BY THE ASSESSEE, LETTER WAS ISSUED TO THE ASSESSEE AND ASKED TO GET THE DOCUMENTS/ADDITIO NAL EVIDENCE VERIFIED FROM BOOKS OF ACCOUNTS. THE A. R. OF THE ASSESSEE APPEARED AN D PRODUCED REQUISITE DOCUMENTS/DETAILS. ON GOING THROUGH THE DOCUMENTS FILED BY THE A. R. OF THE ASSESSEE IT IS FOUND THAT FOLLOWING AMOUNTS PERTAIN ED TO M/S EASTERN DRUGS & SANITARY PRODUCTS (EDSP) WHO IS THE SOLE DISTRIBUTO R OF THE ASSESSEE COMPANY AND NOT TO THE ASSESSEE COMPANY. S.NO. TAN NO. NAME AMOUNT CREDITED TDS MADE 1 ALDL00334F LAI BAHADUR HOSPITAL, VARANASI 2,97,754/ - 6103/ - 2 AGRC10122A CHIEF MEDICAL SUPERINTENDENT, MATHURA 94,934/ - 1,901/ - 3 ALDC00452E CHIEF MEDICAL OFFICER, PRATAPGARH, 26,51,172/ - 59,386/ - 10 ITA NO. 984/JP/2016 M/S RAJASTHAN DRUGS & PHARMACEUTICALS LTD, JAIPUR. 4 LKNC05473C CHIEF MEDICAL SUPERINTENDENT, BIJNOR, 2,79,640/ - 6,016/ - 5 AGRC10605A CHIEF MEDICAL SUPERINTENDENT, DISTT. HOSPITAL, MATHURA 6,51,947/ - 13,950/ - TOTAL 39,75,447/ - FOR THE REMAINING AMOUNT OF RS. 94,65,432/- THE ASS ESSEE NOT FURNISHED ANY EVIDENCE, THUS AMOUNT OF RS. 94,65,432/- IS DESERVE S TO BE SUSTAINED.' IN THE REJOINDER TO THE REMAINED REPORT THE AR SUBM ITTED THAT THE ASSESSEE HAS EXPLAINED THE CIRCUMSTANCES, UNDER WHICH, THE V ARIOUS CMOS OF THE GOVERNMENT HOSPITALS IN THE STATE OF UP, HAVE DEDUC TED TAX AT SOURCE ON THE SUPPLIED OF THE MEDICINES MADE BY ITS SOLE DISTRIBU TOR M/S EDSP, IN THE NAME OF THE ASSESSEE. THIS SYSTEM IS VERIFIED BY THE AS SESSING OFFICER IN RESPECT OF FIVE CMOS OF THE GOVERNMENT HOSPITAL AND SINCE THE SYSTEM REMAINS THE SAME IN RESPECT OF OTHER CMOS WHO HAVE NOT REPLIED, THE SAME SHOULD BE ACCEPTED. IT WAS FURTHER SUBMITTED THAT M/S EDSP HAS ALSO ACC EPTED THAT THESE AMOUNTS RELATED TO THEM AND HAD REQUESTED THE ASSESSEE TO P ASS ON THE CREDIT OF THESE TDS TO ITS ACCOUNT. FURTHER, RELIANCE WAS PL ACED ON THE CASE OF SHRI RAVINDRA PRATAP TANEJA VS. ITO. 129 DTR 181 (TRIB) TO SUBMIT THAT BECAUSE A PAYMENT IS REFLECTED IN FORM NO. 26AS AND IS SHOWN TO HAVE BEEN MADE TO THE ASSESSEE , IT CANNOT BE BROUGHT TO TAX IN HIS H AND WHEN THE AMOUNT IS NOT RECEIVED BY THE ASSEESSEE ITSELF. I HAVE GONE THOU GHT HE SUBMISSIONS, ADDITIONAL EVIDENCES AS WELL AS THE REMAND REPORT O F THE ASSESSING OFFICER. NO EVIDENCE HAS BEEN PRODUCED FROM M/S EDSP THAT TH E SALES WERE ACCOUNTED FOR IN THEIR ACCOUNTS NOR ANY CONFIRMATIO N FILED FROM THEM, TO THIS EXTENT. THUS, EVEN THOUGH THE ASSESSEE CLAIMS THAT THESE RECEIPTS RELATE TO M/S EDSP BUT IN THE ABSENCE OF THE ANY SUCH CONFIRM ATION OR EVIDENCES THE SAME CANNOT BE ACCEPTED. FURTHER, ASSESSEE HAS PRO DUCED CONFIRMATION ONLY FROM FIVE CMOS. IN VIEW OF THE DISCUSSION ABOVE, A N AMOUNT OF RS. 39,75,447/- RELATING TO EVIDENCES FURNISHED ARE ACC EPTED AS NOT RELATING TO THE ASSESSEE AND THE ADDITION OF BALANCE AMOUNT OF RS. 94,65,432/- IS SUSTAINED. THE GROUND OF APPEAL IS PARTLY ALLOWED. 11 ITA NO. 984/JP/2016 M/S RAJASTHAN DRUGS & PHARMACEUTICALS LTD, JAIPUR. 4.3 IT IS CONTENDED BY THE LD. COUNSEL FOR THE ASSE SSEE THAT THE CO-ORDINATE BENCH IN ASSESSEES OWN CASE PERTAINING TO THE ASSE SSMENT YEAR 2012-13 REMITTED THE ISSUE TO THE FILE OF THE ASSESSING OFFICER, FOR DECISION AFRESH IN THE LIGHT OF THE DIRECTION GIVEN IN PARA 5.2 OF THE ORDER. WE FIND T HAT THE CO-ORDINATE BENCH IN ITA NO. 425/JP/2015 IN ASSESSEES OWN CASE PERTAINING T O THE ASSESSMENT YEAR 2011-12, DIRECTED ASSESSING OFFICER IN PARA 5.2, 5.3 & 5.4 AS UNDER:- 5.2. THE LD. A/R FOR THE ASSESSEE HAS DEMONSTRATED IN RESPECT OF THE BILLS RAISED FROM 30 TH AUGUST, 2010 TO 20 TH MARCH, 2011 AT SL. 1 TO 7 IN FORM 26AS AND STATED THAT THE BILLS WERE RAISED BY EDSP TO TH E CMOS AND THE AMOUNT MENTIONED THEREIN MATCHES WITH THE AMOUNT REFLECTED IN FORM 26AS. SIMILARLY, IN RESPECT OF OTHER INVOICE, IT WAS ALSO CONTENDED THAT THE ENTIRE BILLS WERE RAISED FOR WHICH THE TDS HAS BEEN CREDITED IN THE ACCOUNT OF THE ASSESSEE PERTAINING TO EDSP AND WAS NOT RELATED TO THE ASSESSEE, BE THAT AS MAY BE. THIS TRIBUNAL, AT THIS STAGE IS NOT REQUIR ED TO EXAMINE AND SCRUTINIZE THE DOCUMENT FILED BEFORE US. SINCE THE SAID DOCUM ENTS, WHICH ARE NOW PLACED BEFORE THE TRIBUNAL, WERE NOT STATED TO BE I N POSSESSION OF THE ASSESSEE, BEFORE THE AO OR AS WELL AS BEFORE LD. CI T(A), THEREFORE, THESE DOCUMENTS ARE REQUIRED TO BE EXAMINED. ACCORDINGLY IT WILL BE IN THE FITNESS OF CIRCUMSTANCES REQUIRE THAT THE MATTER BE REMANDE D TO THE AO FOR EXAMINATION, DENOVO, THE DOCUMENTS FILED BY THE ASS ESSEE BEFORE US AND COME TO A CONCLUSION IN ACCORDANCE WITH LAW. NEEDL ESS TO STATE THAT SINCE THE STAY HAS BEEN GRANTED ON 1 ST JANUARY, 2016, IT MAY BE IN THE INTEREST OF PARTIES, THE PROCEEDING BE DECIDED EXPEDITIOUSLY AS FAR AS POSSIBLE BUT NOT LATER THAN 30 TH JULY, 2016. WE MAY ADD THAT THE AO SHALL CONSIDER ALL THE DOCUMENTS ALREADY ON RECORD AND NOW FILED BEFORE US IN DECIDING THE MATER. FURTHER, THE AO MAY ISSUE APPROPRIATE NOTICES TO TH E EDSP AND OTHER AGENCIES INVOLVED IN THE MATTER TO FIND OUT THE TRU TH AS TO- 1) WHOM THE TENDER HAS BEEN ISSUED FOR SUPPLY OF D RUGS & MEDICINES. 12 ITA NO. 984/JP/2016 M/S RAJASTHAN DRUGS & PHARMACEUTICALS LTD, JAIPUR. 2) WHICH AGENCY WAS REQUIRED TO SUPPLY THE GOODS . 3) WHICH AGENCY WAS REQUIRED TO RAISE THE BILLS AND WHICH AGENCY HAD ACTUALLY SUPPLIED THE GOODS, TO WHOM THE AMOUNT HAS BEEN PAID BY THE CMOS. 5.3. FROM THE PERUSAL OF THE WRITTEN SUBMISSIONS BE FORE US, IT TRANSPIRED THAT A PRELIMINARY ENQUIRY IS PENDING WITH THE CBI IN RESPECT OF DRUGS SUPPLIED BY M/S EDSP UNDER NRHM. THE AO, IF REQUIRED, MAY A LSO CALL THE RECORDS FROM THE CBI, TO FIND OUT THE CORRECT FACTS AND CIR CUMSTANCES. 5.4. IN THE LIGHT OF THE ABOVE SAID OBSERVATION WE RESTORE THE MATTER TO THE AO FOR FRESH ASSESSMENT. 4.4 IN THE PRESENT CASE, THE LD. CIT(A) HAS GIVEN P ART RELIEF ON THE BASIS OF THE CONFIRMATION RECEIVED FROM THE CONCERNED CMOS. IT IS THE CONTENTION OF THE ASSESSEE THAT THE RECEIPT WHICH HAS BEEN ADDED BY T HE ASSESSING OFFICER DOES NOT PERTAIN TO THE ASSESSEE IN SUPPORT OF THIS AFFIDAVI T ON BEHALF OF THE MANAGING DIRECTOR OF THE ASSESSEE IS FURNISHED AT PAGE 42 OF THE PAPE R BOOK. UNDER THESE FACTS WE DEEM IT PROPER AND IN THE INTEREST OF THE JUSTICE, THAT THE CONTENTS OF THE AFFIDAVIT BE VERIFIED AT THE END OF THE ASSESSING OFFICER. THE ASSESSING OFFICER IS HEREBY DIRECTED TO MAKE INQUIRY FROM THE CONCERN PARTIES, WHO HAD D EDUCTED TAXES AND ALSO THE NATURE OF RECEIPTS. IF IT IS FOUND THAT THE PAYMEN TS DO NOT PERTAIN TO THE ASSESSEE, IN THAT EVENT, THE ASSESSING OFFICER WOULD DELETE THE ENTIRE REMAINING ADDITION. IN THE LIGHT OF THE ABOVE DIRECTION, GROUND NO. 1 AND 1.1 OF THE ASSESSES APPEAL ARE ALLOWED FOR STATISTICAL PURPOSES. 5. GROUND NO. 1.2 IS AGAINST NON- ALLOWING THE CRED IT OF TDS OF RS. 2,10,349/-, SINCE WE HAVE ALREADY RESTORED THE ISSUE IN RELATED TO GROUND NO. 1 TO THE FILE OF THE 13 ITA NO. 984/JP/2016 M/S RAJASTHAN DRUGS & PHARMACEUTICALS LTD, JAIPUR. ASSESSING OFFICER. THEREFORE, THIS ISSUE IS ALSO RE STORED TO THE FILE OF THE ASSESSING OFFICER TO DECIDE IN ACCORDANCE WITH LAW. 6. GROUND NO. 2 IS GENERAL IN NATURE AND NEEDS NO S EPARATE ADJUDICATION. 7. APROPOS TO GROUND NO. 3, NO ARGUMENTS ARE ADDRES SED, THEREFORE, SAME IS DISMISSED. 8. IN THE RESULT, APPEAL OF THE ASSESSEE IN ITA NO. 984/JP/2016 IS PARTLY ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THURSDAY, THE 27TH DAY OF APRIL 2017. SD/- SD/- FOE FLAG ;KNO ( DQY HKKJR ) (VIKRAM SINGH YADAV) ( KUL BHARAT ) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER JAIPUR DATED:- 27/04/2017. POOJA/ VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT- M/S RAJASTHAN DRUGS & PHARMACEUT ICALS LTD., JAIPUR. 2. THE RESPONDENT- THE ACIT, CIRCLE-4, JAIPUR. 3. THE CIT, 4. THE CIT (A) 5. THE DR, ITAT, JAIPUR 6. GUARD FILE (ITA NO. 984/JP/2016) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR 14 ITA NO. 984/JP/2016 M/S RAJASTHAN DRUGS & PHARMACEUTICALS LTD, JAIPUR.