Sujag Fine Chemicals Pvt. Ltd., Baroda V. The Income tax Officer, Ward-4(3), Baroda

MA 148/AHD/2017

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 5717 (ITAT-AHMEDABAD)
• Duration Of Justice: 9 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-02-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 16-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VILAS V SHINDE
• Keywords: Depreciation
• Section: 147; 68

Judgement Text

, LH LHLH LH IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD . . , , BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER AND SHRI MAHAVIR PRASAD, JUDICIAL MEMBER MA NOS.147 & 148/AHD/2017 (IN ITA NOS.2509 & 2510/AHD/2012) (ASSESSMENT YEARS : 2005-06 & 2007-08) SUJAG FINE CHEMICALS PVT. LTD., C1B/42/6 & 7, GIDC ESTATE, NANDESARI, BARODA / VS. THE ACIT, CIRCLE -4, BARODA. ! ./ '#$# ./ PAN/GIR NO. : AADCS 2989 J ( %&!' / APPELLANT ) .. ( (!' / RESPONDENT ) %&!' ) / APPELLANT BY : SHRI SUNIL TALATI, A.R. (!' * ) / RESPONDENT BY : SHRI VILAS V. SHINDE, SR. DR + , * -. / DATE OF HEARING 02/02/2018 /012 * -. / DATE OF PRONOUNCEMENT 27/02/2018 # 3 / O R D E R PER MAHAVIR PRASAD, JUDICIAL MEMBER : THESE TWO MISCELLANEOUS APPLICATIONS NOS.147/AHD/20 17 & 148/AHD/2017 ARE FILED BY THE ASSESSEE FOR AY 2005- 06 & 2007-08 AGAINST THE ITA NO.2509 & 2510/AHD/2012, EMANATING FROM A COMMON ORDER PASSED AGAINST THE SIX APPEALS FILED BY THE A SSESSEE AND DEPARTMENT IN A CONSOLIDATED ORDER PASSED ON 16/02/2017. 2. THE AUTHORIZED REPRESENTATIVE (AR) FOR THE ASS ESSEE SHRI SUNIL H. TALATI SUBMITTED GROUND-WISE MATTERS THAT HAVE BEEN STATED IN THE MA NOS.147 & 148/AHD/2017 (IN ITA NOS.2509 & 2510/AHD/2012) SUJAG FINE CHEMICALS PVT. LTD. ACIT ASST YEAR 2005-06 & 2007-08 - 2 - MISCELLANEOUS APPLICATION FOR RECTIFYING/CORRECTING CERTAIN MISTAKES, WHICH HAVE BEEN UNINTENTIONALLY CREPT IN THE ORDER. THE ASSESSEE HAD FILED THE MISC. APPLICATIONS FOR THE MISTAKES THAT CREPT IN ORDER RELATING TO APPEALS FILED BY THE ASSESSEE IN ITA NO. 2509 & 251 0/AHD/2012, AY 2005-06 & 2007-08 RESPECTIVELY. ACCORDINGLY, BOTH M ISCELLANEOUS APPLICATIONS FILED HAVE BEEN HEARD TOGETHER AND ARE DEALT WITH RECTIFYING THE ERRORS THAT REMAINED IN THE SAID ORDER. 3. AFTER CAREFUL HEARING OF BOTH THE PARTIES AND AFTER PERUSING THE ORIGINAL GROUNDS FOR APPEAL AND DETAILED SUBMISSION MADE AT THE TIME OF HEARING ALONG WITH THE PAPER BOOK, WE FEEL THAT THE ORDER PASSED DATED 16/02/2017 IS REQUIRED TO BE RECALLED FOR BOTH THE ASSESSMENT YEARS TO THE EXTENT OF GROUNDS RAISED IN THESE MISCELLANEOUS APPLICATIONS. THEREFORE, THIS FRESH ORDER IS PASSED CONSIDERING T HE MISCELLANEOUS APPLICATIONS AS WELL AS OTHER MISTAKES WHICH HAVE B EEN CREPT IN AND BROUGHT TO OUR NOTICE BY THE ASSESSEE TO REVISE THE ORIGINAL ORDER PASSED ON 16 TH FEBRUARY, 2017. ASSESSMENT YEAR 2005-06 4. IN MA NO. 147/A/2017 (IN ITA NO.2509/AHD/2012 ) A SSESSMENT YEAR 2005-06, THE ASSESSEE HAS TAKEN FOLLOWING GROU ND : GROUNDS OF APPEAL PRAYER BEFORE YOUR HONOUR'S GROUND NO. 3 THE LD.CIT(A) HAS ERRED IN CONFIRMING THE ADDITION MADE ON ACCOUNT OF NON GRANTING THE DEPRECIATION OF RS.1,46,413/- AS THE APPELLANT SUBMITTED THAT THIS ISSUE HAS ALREADY BEEN DECIDED IN FAVOUR OF ASSESSEE BY HON'BLE ITAT IN ASSESSEE'S OWN CASE IN A.Y. 2003-04, IN ITA NO.2087 & 2296/AHD/ 2012, MA NOS.147 & 148/AHD/2017 (IN ITA NOS.2509 & 2510/AHD/2012) SUJAG FINE CHEMICALS PVT. LTD. ACIT ASST YEAR 2005-06 & 2007-08 - 3 - CLAIMED BY YOUR APPELLANT ON GOODWILL. YOUR APPELLANT SUBMITS THAT GOODWILL IS AN INTANGIBLE ASSET AND IS ELIGIBLE FOR DEPRECIATION AS PER PROVISIONS OF SECTION 32(1)(II) OF THE ACT. IT IS SUBMITTED THAT THE AO BE DIRECTED TO ALLOW THE CLAIM OF DEPRECATION ON GOODWILL. AND IN ITA NO.2497 FOR A.Y. 2006-07. ACCORDINGLY FINDINGS FOR THIS GROUND BY YOUR HONOR IN PARA 24 OF PAGE 11 STATED THAT 'THIS ISSUE HAS BEEN DISALLOWED BY THE HON'BLE ITAT IN FAVOR OF ASSESSEE' WHICH SEEMS AN UNINTENTIONAL ERROR AND MISTAKE APPARENT FROM RECORD AND IT SHOULD GET CORRECTED. 4.1 DURING THE COURSE OF HEARING, THE APPELLANT HAD SUBMITTED THAT THIS ISSUE HAS ALREADY BEEN DECIDED IN FAVOR OF ASSESSEE BY HON'BLE ITAT AHMEDABAD IN ASSESSEE'S OWN CASE IN A.Y. 2003-04, I N ITA NO. 2087 & 2296/AHD/ 2012, AND IN ITA NO 2497 FOR A.Y 2006-07. THE COPIES OF ORDER HAVE ALSO BEEN PLACED ON RECORD. ON THE OTHER HAND, LD DR HAS NOT CONFRONTED THIS FACTS. 4.2 WE HAVE CAREFULLY GONE THROUGH THE SUBMISSION AND PAPER BOOK FILED BY THE ASSESSEE. IT IS OBSERVED THAT THE IDEN TICAL ISSUE HAS BEEN DECIDED BY ITAT IN ASSESSEE'S OWN CASE IN A.Y. 2003 -04, IN ITA NO.2087 & 2296/AHD/2012, AND IN ITA NO 2497 FOR A.Y 2006-07 AND ITAT HAS ALLOWED THE DEPRECIATION ON GOODWILL. THE COPIES OF THESE ORDERS HAVE BEEN FILED IN PAPER BOOK OF AY 2004-05 IN ITA NO. 2508/AHD/2012 PAGE 45 TO 61 AND ARE ON RECORD. THE FACTS BEING IDENTICAL THE APPEAL OF THE ASSESSEE IS ALLOWED AND AO IS DIRECTED TO ALLOW THE DEPRECATION OF GOODWILL OF RS.1,46,413/-. THIS GROUND OF APPEAL IS ALLOWED ACCORDINGLY. 4.3 THE EARLIER ORDER IS MODIFIED TO THIS EXTENT ONLY. MA NOS.147 & 148/AHD/2017 (IN ITA NOS.2509 & 2510/AHD/2012) SUJAG FINE CHEMICALS PVT. LTD. ACIT ASST YEAR 2005-06 & 2007-08 - 4 - ASSESSMENT YEAR 2007-08 5. IN MA NO. 148/A/2017 ( IN ITA NO 2510/AHD/2 012 ) ASSESSMENT YEAR 2007-08, THE ASSESSEE HAS TAKEN FOLLOWING GROU NDS GROUNDS OF APPEAL PRAYER BEFORE YOUR HONOUR'S GROUND NO. 1 THE ORDER PASSED BY THE CIT(A) IS BAD IN LAW AND CONTRARY TO LEGAL PRONOUNCEMENT. THE ADDITIONS/DISALLOWANCES MADE BY THE AO ARE UNJUSTIFIED AND UNWARRANTED. IT BE HELD SO NOW THE GROUND IS GENERAL IN NATURE AND BE DECIDED ACCORDINGLY AS CONSEQUENTIAL. GROUND NO, 2 THE ORDER PASSED BY THE CIT(A) IS BAD IN LAW, AS THE PROVISION OF SECTION 147 R.W.S.148 ARE NOT APPLICABLE IN APPELLANT'S CASE. THE ORDER PASSED BY A.O TO BE QUASHED THE APPELLANT ARGUED IN LENGTH ON THE BASIS OF PAPER BOOK & WRITTEN SUBMISSION FILED BEFORE YOUR HONOR. FOR THIS YEAR GROUND OF REOPENING IS TO BE DECIDED AND ACCORDINGLY THIS GROUND IS NOT PRESSED AND NO SPECIFIC FINDINGS IS GIVEN IN THE ORDER WHICH IS NOT CORRECT AND MISTAKE APPARENT FROM THE RECORD. GROUND NO. 3 THE LD. CIT(A) HAS ERRED IN CONFIRMING THE ADDITION MADE ON ACCOUNT OF NON GRANTING THE DEPRECIATION OF RS.82,357/- AS CLAIMED BY YOUR APPELLANT ON GOODWILL. YOUR APPELLANT SUBMITS THAT GOODWILL IS AN INTANGIBLE ASSET AND IS ELIGIBLE FOR DEPRECIATION AS PER PROVISIONS OF SECTION 32(1)(II) OF THE ACT IT IS SUBMITTED THAT THE AO BE DIRECTED TO ALLOW THE CLAIM OF DEPRECATION ON GOODWILL. THE APPELLANT SUBMITTED THAT THIS ISSUE HAS ALREADY BEEN DECIDED IN FAVOUR OF ASSESSEE BY HON'BLE I TAT IN ASSESSEE'S OWN CASE IN A.Y. 2003- 04, IN ITA NO.2087 & 2296/AHD/ 2012, AND IN ITA NO 2497 FOR A.Y. 2006-07. ACCORDINGLY THIS GROUND SHOULD ALLOWED BUT NO SPECIFIC FINDING IS GIVEN IN THE ORDER AND THERE IS NO QUESTION THAT THIS COVERED GROUND WAS NOT PRESSED. MA NOS.147 & 148/AHD/2017 (IN ITA NOS.2509 & 2510/AHD/2012) SUJAG FINE CHEMICALS PVT. LTD. ACIT ASST YEAR 2005-06 & 2007-08 - 5 - GROUND NO. 4 CIT(A) HAS ERRED IN CONFIRMING THE ADDITION U/S.68 OF THE ACT OF RS.21,10,044/- BEING DEPOSIT RECEIVED FROM SURESH SHETH & RS.1,00,000/- DEPOSIT FROM HEMABEN SHETH. AGGREGATING TO RS.22,10,044/- TREATING THE SAID DEPOSITS OF DIRECTORS / SHARE HOLDER AS INGENUINE. YOUR APPELLANT SUBMITS THAT NO NEW DEPOSITS HAVE BEEN TAKEN FROM THE SAID PERSONS. YOUR APPELLANT SUBMITTED THE NECESSARY DETAILS AND DOCUMENTS DURING THE ASSESSMENT / REMAND PROCEEDING IN THIS REGARD AND HENCE, THE ADDITION MADE BY THE AO IS NOT JUSTIFIED THE APPELLANT HAD ALREADY SUBMITTED THE IDENTITY AND CREDITWORTHINESS OF MR.SURESH SHETH AND IT HAS CONFIRMED BY HON'BLE ITAT IN ITA NO. 2087 & 2296/A/2012 IN A.Y 2003-04. THE APPELLANT ARGUED IN LENGTH ON THE BASIS OF PAPER BOOK & WRITTEN SUBMISSION FILED BEFORE YOUR HONOR AND ACCORDINGLY THIS GROUND IS NOT PRESSED AND NO SPECIFIC FINDINGS IS GIVEN IN THE ORDER WHICH IS NOT CORRECT AND MISTAKE APPARENT FROM THE RECORD. GROUND NO. 5 CIT(A) HAS ERRED IN CONFIRMING THE ADDITION MADE ON ACCOUNT OF INTEREST INCOME OF RS.8,601/- OUT OF RS.1,03,3537-. YOUR APPELLANT SUBMITS THAT THE CIT(A) HAS NOT APPRECIATED YE FACTS AND RELYING UPON THE REMAND REPORT, MADE THE ADDITION. YOUR APPELLANT SUBMITS THAT SUCH ADDITION CALLED FOR IS UNJUST. THE APPELLANT HAD SUBMITTED THAT THIS GROUND IS NOT PRESSED LOOKING TO THE QUANTUM AND THUS THE SAME BE DISMISSED ACCORDINGLY 6 . DISPOSING EACH OF THE GROUND OF MISCELLANEOUS APPLI CATION IN SERIATIM, SO FAR AS THE FIRST AND SECOND GROUNDS OF APPEAL ARE CONCERNED, CHALLENGING THE ISSUANCE OF NOTICE U/S. 147 AND PAS SING OF THE ORDER U/S. 148, A.R. SUBMITTED THAT THESE GROUNDS OF APPEAL AR E NOT PRESSED. IN VIEW OF THIS, BOTH THE GROUNDS CHALLENGING THE RE-OPENIN G ARE DISMISSED. MA NOS.147 & 148/AHD/2017 (IN ITA NOS.2509 & 2510/AHD/2012) SUJAG FINE CHEMICALS PVT. LTD. ACIT ASST YEAR 2005-06 & 2007-08 - 6 - 7. SO FAR AS THE GROUND NO. 3 IS CONCERNED REG ARDING DISALLOWANCE OF DEPRECIATION OF GOODWILL, WE ARE OF THE VIEW THAT T HE ISSUE IS IDENTICAL TO THE ISSUE AS INVOLVED IN MA NO.147/A/17 FOR AY 2005 -06. THUS FOLLOWING THE FINDINGS GIVEN FOR AY 2005-06 OF THIS ORDER, THIS GROUND OF APPEAL IS ALLOWED AND AO IS DIRECTED TO ALLOW THE D EPRECIATION CLAIMED ON GOODWILL OF RS.82,357/-. 8. THE GROUND NO. 4 OF APPEAL IS WITH REGARD T O THE ADDITION U/S.68 OF THE ACT OF RS 21,10,044/- BEING DEPOSIT RECEIVED FR OM SURESH SHETH & RS.1,00,000/- DEPOSIT FROM HEMABEN SHETH. 8.1 THE APPELLANT HAD FILED DETAILED SUBMISSION I N FORM OF PAPER BOOK ON PAGES NO.14 TO 51. IT WAS VEHEMENTLY ARGUED THAT IDENTITY, GENUINENESS AND CREDITWORTHINESS OF BOTH THE DEPOSI TORS HAVE BEEN PROVED BEYOND DOUBT IN AS MUCH AS MR. SURESH B SHET H IS A PROMOTER AND MANAGING DIRECTOR OF THIS COMPANY SINCE ITS INCEPTI ON. THE LD AO HAS MADE THE ADDITION AND WHICH HAS BEEN CONFIRMED BY C IT(A) AS UNDER: SUJAG FINE CHEMICALS PVT LTD A. Y. 2007-08 STATEMENT OF NEW DEPOSIT MADE BY SURESH B SHETH (PR OMOTER A/C) TOTAL CREDITS FOR THE YEAR 2872819 TOLA! CREDITS JOR THE YEAR 2872819 LESS CREDITS FOR THE YEAR 62775 NET CREDITS (DEPOSITS) 2810044 LESS: TRANSFER FROM CC A/C 700000 NET DEPOSIT CONFIRMED BY CIT(A) 2110044 A) ADDITION MADE BY AO U/S 68 1608456 B) FURTHER ADDITIONS AS PER CIT(A) 501588 MA NOS.147 & 148/AHD/2017 (IN ITA NOS.2509 & 2510/AHD/2012) SUJAG FINE CHEMICALS PVT. LTD. ACIT ASST YEAR 2005-06 & 2007-08 - 7 - ADD: DEPOSITS OF HEMABEN S SHETH ADDED BY AO AND CONFIRMED BY CIT(A) 100000 FURTHER ADDITION MADE BY CIT(A) 601588 C) AGGREGATE ADDITION MADE BY CIT(A) 2210044 8. 2 THE LD CIT(A) CONFIRMED THE ADDITION IN PARA 8.5 OF HIS ORDER, WHICH IS REPRODUCED AS UNDER: I HAVE CONSIDERED THE APPELLANT'S SUBMISSION AND THE AO'S OBSERVATIONS. THE APPELLANT HAD CLAIMED IN ITS SUBM ISSION THAT ALMOST ALL DEPOSITS HAVE BEEN MADE BY MR. SURESH B. SHETH OUT OF WITHDRAWALS MADE OUT OF HIS BANK ACCOUNT WITH CO-OPERATIVE BANK OF BARODA. BUT FROM THE COPY OF THAT BANK ACCOUNT, IT IS SEEN THAT ONLY RS. 7 LAKHS HAS BEEN COME FROM THIS ACCOUNT TO APPELLANT'S ACCOUNT. THE SOURCE OF BALANCE CREDIT OF RS.21,10,044/-, EXCLUDING DEPOSIT ON ACCOUNT OF INTEREST, HAS NOT BEEN EXPLAINED EXCEPT STATING THA T THIS AMOUNT HAS BEEN CREDITED IN THE NAME OF PROMOTER. THE AO IN HIS REM AND REPORT HAS ALSO POINTED OUT THIS FACT, BUT THE APPELLANT HAS SUBMIT TED NOTHING IN THIS REGARD IN ITS REPLY TO THE REMAND REPORT. HENCE THE ADDITION U/S 68 TO THE EXTENT OF RS. 7 LAKHS IS DIRECTED TO BE DELETED AND THE ADDITION OF THE BALANCE AMOUNT OF RS.21,10,044/- IS UPHELD. SINCE N OTHING HAS BEEN SUBMITTED IN SUPPORT OF DEPOSITS RECEIVED FROM HEMA BEN S. SETH, HENCE ADDITION OF THIS AMOUNT IS ALSO UPHELD. 8.3 LD AUTHORIZED REPRESENTATIVE MR. TALATI TOOK US THROUGH THE PAPER BOOK AND EXPLAIN VARIOUS ENTRIES OF CREDIT / DEPOSI TS GIVEN BY MR SURESH SHETH AND COMPARED THE SAME ENTRIES WITH BANK STATE MENT OF DEPOSITORS. IT WAS SUBMITTED THAT THE MANAGING DIRECTOR OF SAME COMPANY IS ASSESSED AT SAME PLACE SINCE MANY YEARS AND REGULAR RETURN O F INCOME ARE FILED AND THIS DEPOSITS AND BANK ACCOUNTS ARE BEING REGULARLY DISCLOSED BY HIM ALL THE TIME. MA NOS.147 & 148/AHD/2017 (IN ITA NOS.2509 & 2510/AHD/2012) SUJAG FINE CHEMICALS PVT. LTD. ACIT ASST YEAR 2005-06 & 2007-08 - 8 - ON THE OTHER HAND, LD.DR HEAVILY RELIED ON THE ORDE RS OF LOWER AUTHORITIES. 8.4 WE HAVE HEARD THE WRITTEN SUBMISSION, PERUSED THE ORDER PASSED AO AND CIT(A) AND HAVE ALSO GONE THROUGH THE PAPER BOOK AND COPIES OF LEDGER ACCOUNTS FILED. ON THE BASIS OF THE COPY OF ACCOUNTS FILED OF AGRIGUARD MANUFACTURING PVT LTD TO WHOM MR SURESH S HETH MADE THE PAYMENT ON BEHALF OF THE APPELLANT COMPANY AND FROM THE COPY OF ACCOUNT IN THE BOOKS OF AGRIGUARD MANUFACTURING PVT LTD, IT IS SEEN THAT THE PAYMENTS WERE MADE BY A/C PAYEE CHEQUE BY MR SU RESH SHETH WHICH HAVE BEEN CREDITED IN THE BOOKS OF THE APPELLANT CO MPANY IN HIS NAME. THE OTHER TWO ENTRIES RS.7,93,994/- AND RS 2157/- T RANSFERRED FROM DEPOSIT A/C FOR WHICH APPROPRIATE COPY OF ACCOUNT O F PROMOTOR AND DEPOSIT A/C OF PROMOTER ARE FILED CONFIRMING SUCH D EPOSITS. IN VIEW OF THIS, IT IS CLEAR THAT DEPOSITS HAVE BEEN MADE BY M R SURESH SHETH FROM HIS REGULAR BANK ACCOUNT WHICH ARE ALSO ON RECORD. THE IDENTITY AND CREDITWORTHINESS OF SURESH B SHETH HAS ALREADY BEEN ESTABLISHED AND CONFIRMED BY ITAT IN ITS ORDER ITA NO.2087 & 2296/A HD/2012 IN AY 2003-04 ON PAGE 10, PARA 16 OF THE ORDER WHICH IS F ILED IN THE PAPER BOOK OF AY 2004-05. IN VIEW OF THIS DEPOSITS RECEIVED BY APPELLANT COMPANY FROM SURESH B SHETH OF RS 21,10,044/- ARE DULY EXPL AINED PROVING THE IDENTITY , GENUINENESS AND CREDITWORTHINESS. IN VIE W OF THIS WE DIRECT THE AO TO DELETE THE ADDITION RS.21,10,044/-. THIS GROU ND OF APPEAL IS ACCORDINGLY ALLOWED. MA NOS.147 & 148/AHD/2017 (IN ITA NOS.2509 & 2510/AHD/2012) SUJAG FINE CHEMICALS PVT. LTD. ACIT ASST YEAR 2005-06 & 2007-08 - 9 - 8.5 WITH REGARD TO DEPOSITS OF RS.1,00,000/- CONSI DERING THE SAME AS UNEXPLAINED BY THE AO AND CONFIRMED BY CIT(A), THE AR OF THE APPELLANT SUBMITTED THAT SMT HEMABEN SHETH, THE WIF E OF MANAGING DIRECTOR AND HAS OPENING BALANCE OF RS.7,59,520/- A S HER DEPOSITS WITH APPELLANT COMPANY. DURING THE YEAR RS.1,00,000/- WA S RECEIVED BY CHEQUE NO 384120 ON 30-11-2006 FROM HER REGULAR DIS CLOSED BANK ACCOUNTS AND THAT SHE REGULARLY ASSESSED TO TAX. WE HAVE CAREFULLY GONE THROUGH THE ASSESSMENT ORDER AND ORDER PASSED BY CIT(A), SMT HEMABEN SHETH IS THE WIFE OF THE MAN AGING DIRECTOR AND REGULARLY ASSESSED TO TAX. THE LOWER AUTHORITIES HA VE WITHOUT APPRECIATING THE EVIDENCES HAS HELD THAT CREDIT WORTHINESS AND G ENUINENESS OF DEPOSIT IS NOT PROVED. IN VIEW OF THESE FACTS, WE ARE OF VI EW THAT AO SHOULD EXAMINE WHETHER SAID SMT. HEMABEN SHETH IS REGULARL Y ASSESSED TO TAX AND DISCLOSED SUCH OLD DEPOSITS AND NEW DEPOSITS OF RS.1,00,000/- IN HER RETURN OF INCOME OR NOT AND/THE BANK ACCOUNT FROM W HICH REGULAR DEPOSITS HAS BEEN GIVEN AND IF FOUND DULY EXPLAINED AND HAS DISCLOSED THEN SHOULD DECIDE THE ADDITION ACCORDINGLY, IN VIEW OF THIS GR OUND IS PARTLY ALLOWED. COMING TO GROUND NO 5, THE APPELLANT FAIRLY CONCEDED THAT LOOKING TO THE SMALLNESS OF AMOUNT THE SAME IS NOT PRESSED. TH IS GROUND IS DISMISSED ACCORDINGLY. MA NOS.147 & 148/AHD/2017 (IN ITA NOS.2509 & 2510/AHD/2012) SUJAG FINE CHEMICALS PVT. LTD. ACIT ASST YEAR 2005-06 & 2007-08 - 10 - 10. THE EARLIER ORDER IS MODIFIED TO THIS EXTENT AC CORDINGLY. THIS ORDER PRONOUNCED IN OPEN COURT ON 27 / 0 2 /201 8 SD/- SD/- . . ( ) ( ) ( N.K. BILLAIYA ) (MAHAVIR PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 27/02/2018 PRITI YADAV, SR. PS ! ' / COPY OF THE ORDER FORWARDED TO : 1. %&!' / THE APPELLANT 2. (!' / THE RESPONDENT. 3. 67- # # + 8- / CONCERNED CIT 4. # # + 8- (%&) / THE CIT(A) 5. 9:; -67 , # %&. %672 , % / DR, ITAT, AHMEDABAD 6. ;< =, / GUARD FILE. # $ / BY ORDER, (9&- - //TRUE COPY // %/$ &' ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD 1. DATE OF DICTATION 26/02/2018 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 26/02/2018 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT . 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S. 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK . 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER