THE ACIT, 3 (1), v. M/S PANJWANI PACAZING P.LTD. INDORE,

- 1 - THE INCOME TAX APPELATE TRIBUNAL INDORE BENCH INDORE BEFORE SHRI JOGINDER SINGH AND SHRI V.K. GUPTA AM ITA NOS.243 TO 246/IND/07 A.YS.1987-88 AND 1991-92 TO 1993-94 ASSTT. COMMR. OF INCOME TAX 3(1) INDORE APPELLANT VS M/S PANJWANI PACKAGING PVT.LTD. INDORE GIR NO. P-1 RESPONDENT C.O. NOS.47 TO 50/IND/07 ARISING OUT OF ITA NOS. 243 TO 246/IN/07 M/S PANJWANI PACKAGING PVT.LTD. INDORE OBJECTOR VS ASSTT. COMMR. OF INCOME TAX 3(1) INDORE RESPONDENT DEPARTMENT BY SHRI K.K. SINGH CIT DR RESPONDENT BY SHRI K.C. AGRAWAL CA O R D E R PER BENCH THE APPEALS AND CROSS OBJECTIONS ARISE OUT OF THE O RDERS OF THE LEARNED CIT(A) FOR THE ASSESSMENT YEARS 1987 -88 AND - 2 - 1991-92 TO 1993-94. THE GROUNDS RAISED BY THE REVEN UE IN THESE APPEALS ARE AS UNDER :- ITA NO. 243/IND/07 ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE THE LD. CIT(A)-I INDORE HAS ERRED IN 1. REDUCING THE NET PROFIT RATE AT 12% AS AGAINST 1 5% APPLIED BY THE A.O. ITA NO. 244/IND/07 ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE T HE LD. CIT(A)-I INDORE HAS ERRED IN 1. REDUCING THE NET PROFIT RATE AT AFTER DEPRECIATI ON AT 9% AS AGAINST 12% APPLIED BY THE A.O. ITA NO. 245/IND/07 ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE THE LD. CIT(A)-I INDORE HAS ERRED IN 1. REDUCING THE NET PROFIT RATE AT 12% AS AGAINST 1 5% APPLIED BY THE A.O. 2. DIRECTING TO DELETE AN ADDITION OF RS.23 20 000/ - MADE ON ACCOUNT OF ADVANCES TO SUPPLIERS OF MACHINE RY ITA NO. 246/IND/07 ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE T HE LD. CIT(A)-I INDORE HAS ERRED IN 1. REDUCING THE SALES AT RS. 1.20 CRORES AS AGAINST 1.50 CRORES ESTIAMTED BY THE A.O. 2. REDUCING THE NET PROFIT RATE AFTER DEPRECIATION AT 9% AS AGAINST 12% HELD BY THE A.O. 3. DIRECTING TO GRANT SET OFF OF INTEREST TO THE EXTEN T OFFERED IN P&L ACCOUNT. 4. DELETING THE ADDITION MADE AT RS.20 LACS ON ACCOUNT OF PUBLIC ISSUE EXPENSES. - 3 - THE GROUNDS RAISED BY THE ASSESSEE IN THE CROSS OBJ ECTIONS ARE AS UNDER :- C.O. NO. 47/IND/07 1. THE RESPONDENT SUBMITS THAT THE LEARNED CIT(APPEALS)-I INDORE HAS ERRED IN ADOPTING THE N.P. RATE AT 12% WITHOUT ANY BASIS. IT IS THEREF ORE PRAYED THAT THE ORDER OF THE LEARNED CIT(APPEALS)-I INDORE MAY PLEASE BE QUASHED AND N.P. RATE MAY PLEASE BE DIRECTED TO BE CALCULATED ON THE BASIS OF MATERIAL AVAILABLE ON RECORDS. 2. THE RESPONDENT SUBMITS THAT THE LEARNED CIT(APPEALS)-I INDORE HAS ERRED IN NOT ALLOWING T HE DEPRECIATION ON FIXED ASSETS U/S 32 AND INVESTMENT ALLOWANCE ON NEW MACHINERIES U/S 32A WITHOUT ANY BASIS. IT IS THEREFORE PRAYED THAT THE ORDER OF T HE LEARNED CIT(APPEALS)-I INDORE MAY PLEASE BE QUASHED AND DEPRECIATION AND INVESTMENT ALLOWANCE AS ALLOWABLE AS PER ACT MAY PLEASE BE DIRECTED TO BE ALLOWED ON THE BASIS OF MATERIAL AVAILABLE ON RECORDS. 3. THE RESPONDENT SUBMITS THAT THE LEARNED CIT(APPEALS)-I INDORE HAS ERRED IN SUSTAINING THE ADDITION MADE ON ACCOUNT OF SHARE APPLICATION MONEY RECEIVED AT RS.13 00 000/- U/S 68 OF THE ACT WITHOUT ANY BASIS. IT IS THEREFORE PRAYED THAT TH E ORDER OF THE LEARNED CIT(APPEALS)-I INDORE MAY PLEASE BE QUASHED AND SHARE APPLICATION MONEY SO RECEIVED MAY PLEASE BE DIRECTED TO BE ACCEPTED ON THE BASIS OF MATERIAL AVAILABLE ON RECORDS. 4. THE RESPONDENT SUBMITS THAT THE LEARNED CIT(APPEALS)-I INDORE HAS ERRED IN SUSTAINING THE ADDITION MADE ON ACCOUNT OF UNSECURED LOAN CREDITS AT RS. 3 45 000/- U/S 68 OF THE ACT WITHOUT ANY BASIS. IT IS THEREFORE PRAYED THAT THE ORDER OF T HE LEARNED CIT(APPEALS)-I INDORE MAY PLEASE BE QUASHED AND UNSECURED LOAN CREDITS MAY PLEASE BE DIRECTED TO BE ACCEPTED ON THE BASIS OF MATERIAL AVAILABLE ON RECORDS. 5. THE RESPONDENT SUBMITS THAT THE LEARNED CIT(APPEALS)-I INDORE HAS ERRED IN NOT ALLOWING T HE DEDUCTIONS U/S 80HH AND U/S 80I WHICH ARE ALLOWABLE AS PER LAW. IT IS THEREFORE PRAYED THAT THE - 4 - ORDER OF THE LEARNED CIT(APPEALS)-I INDORE MAY PLEASE BE QUASHED AND DEDUCTION U/S 80HH AND U/S 80I MAY PLEASE BE DIRECTED TO BE ALLOWED AS PER LAW. 6. THE RESPONDENT SUBMITS THAT THE LEARNED CIT(APPEALS)-I INDORE HAS ERRED IN NOT ALLOWING T HE TELESCOPIC CREDIT FOR ADDITIONS MADE IN EARLIER YEA RS AND/OR IN THE SAME YEAR WITHOUT ANY BASIS. IT IS THEREFORE PRAYED THAT THE ORDER OF THE LEARNED CIT(APEALS)-I INDORE MAY PLEASE BE QUASHED AND TELESCOPIC CREDIT MAY PLEASE BE DIRECTED TO BE ALLOWED ON THE BASIS OF MATERIAL AVAILABLE ON RECORDS. C.O. NO. 48/IND/07 1. THE RESPONDENT SUBMITS THAT THE LEARNED CIT(APPEALS)-I INDORE HAS ERRED IN ADOPTING THE N .P. RATE AT 9% AFTER DEPRECIATION ON ESTIMATED TURNOVE R OF RS. 1.85 CRORES AS AGAINST THE DECLARED SALES OF RS. 1.80 CRORES WITHOUT ANY BASIS. IT IS THEREF ORE PRAYED THAT THE ORDER OF THE LEARNED CIT(APPEALS)-I INDORE MAY PLEASE BE QUASHED AND N.P. RATE MAY PLEASE BE DIRECTED TO BE CALCULATED ON THE BASIS OF MATERIAL AVAILABLE ON RECORDS. 2. THE RESPONDENT SUBMITS THAT THE LEARNED CIT(APPEALS)-I INDORE HAS ERRED IN NOT ALLOWING T HE DEPRECIATION ON FIXED ASSETS U/S 32 AND INVESTMENT ALLOWANCE ON NEW MACHINERIES U/S 32A WITHOUT ANY BASIS. IT IS THEREFORE PRAYED THAT THE ORDER OF T HE LEARNED CIT(APPEALS)-I INDORE MAY PLEASE BE QUASHED AND DEPRECIATION AND INVESTMENT ALLOWANCE AS ALLOWABLE AS PER ACT MAY PLEASE BE DIRECTED TO BE ALLOWED ON THE BASIS OF MATERIAL AVAILABLE ON RECORDS. 3. THE RESPONDENT SUBMITS THAT THE LEARNED CIT(APPEALS)-I INDORE HAS ERRED IN SUSTAINING THE ADDITION MADE ON ACCOUNT OF INCREASE IN SHARE CAPIT AL RECEIVED AT RS.6 00 000/- U/S 68 OF THE ACT WITHO UT ANY BASIS. IT IS THEREFORE PRAYED THAT THE ORDER OF THE LEARNED CIT(APPEALS)-I INDORE MAY PLEASE BE QUASHED AND SHARE APPLICATION MONEY SO RECEIVED - 5 - MAY PLEASE BE DIRECTED TO BE ACCEPTED ON THE BASIS OF MATERIAL AVAILABLE ON RECORDS. 4. THE RESPONDENT SUBMITS THAT THE LEARNED CIT(APPEALS)-I INDORE HAS ERRED IN MAINTAINING TH E CLUBBING OF INCOME OF TWO SISTER CONCERNS M/S SUJA TA INDUSTRIAL PACKAGING AND PANJWANI PLASTICS AND M/S PANJWANI PLASTIC & POLYESTERS WITHOUT ANY BASIS. I T IS THEREFORE PRAYED THAT THE ORDER OF THE LEARNED CIT(APPEALS)-I INDORE MAY PLEASE BE QUASHED AND INCOME OF THESE SISTER CONCERNS MAY PLEASE BE DIRECTED TO BE ASSESSED IN THEIR RESPECTIVE HANDS AS THEY ARE IN EXISTENCE EVEN BEFORE THE FORMATION OF THE RESPONDENT COMPANY. 5. THE RESPONDENT SUBMITS THAT THE LEARNED CIT(APPEALS)-I INDORE HAS ERRED IN NOT ALLOWING T HE DEDUCTIONS U/S 80HH AND U/S 80I WHICH ARE ALLOWABLE AS PER LAW. IT IS THEREFORE PRAYED THAT THE ORDER OF THE LEARNED CIT(APPEALS)-I INDORE MAY PLEASE BE QUASHED AND DEDUCTION U/S 80HH AND U/S 80I MAY PLEASE BE DIRECTED TO BE ALLOWED AS PER LAW. 6. THE RESPONDENT SUBMITS THAT THE LEARNED CIT(APPEALS)-I INDORE HAS ERRED IN NOT ALLOWING T HE TELESCOPIC CREDIT FOR ADDITIONS MADE IN EARLIER YEA RS AND/OR IN THE SAME YEAR WITHOUT ANY BASIS. IT IS THEREFORE PRAYED THAT THE ORDER OF THE LEARNED CIT(APEALS)-I INDORE MAY PLEASE BE QUASHED AND TELESCOPIC CREDIT MAY PLEASE BE DIRECTED TO BE ALLOWED ON THE BASIS OF MATERIAL AVAILABLE ON RECOR DS. CO NO. 49/IND/07 1. THE RESPONDENT SUBMITS THAT THE LEARNED CIT(APPEALS)-I INDORE HAS ERRED IN ADOPTING THE N .P. RATE AT 9% AFTER DEPRECIATION ON ESTIMATED TURNOVE R OF RS. 2.50 CRORES AS AGAINST THE DECLARED SALES OF RS. 2.37 CRORES WITHOUT ANY BASIS. IT IS THEREF ORE PRAYED THAT THE ORDER OF THE LEARNED CIT(APPEALS)-I INDORE MAY PLEASE BE QUASHED AND N.P. RATE MAY PLEASE BE DIRECTED TO BE CALCULATED ON THE BASIS OF MATERIAL AVAILABLE ON RECORDS. 2. THE RESPONDENT SUBMITS THAT THE LEARNED CIT(APPEALS)-I INDORE HAS ERRED IN NOT ALLOWING T HE DEPRECIATION ON FIXED ASSETS U/S 32 AND INVESTMENT - 6 - ALLOWANCE ON NEW MACHINERIES U/S 32A WITHOUT ANY BASIS. IT IS THEREFORE PRAYED THAT THE ORDER OF T HE LEARNED CIT(APPEALS)-I INDORE MAY PLEASE BE QUASHED AND DEPRECIATION AND INVESTMENT ALLOWANCE AS ALLOWABLE AS PER ACT MAY PLEASE BE DIRECTED TO BE ALLOWED ON THE BASIS OF MATERIAL AVAILABLE ON RECORDS. 3. THE RESPONDENT SUBMITS THAT THE LEARNED CIT(APPEALS)-I INDORE HAS RIGHT IN DELETING THE ADDITION MADE ON ACCOUNT OF ADVANCE GIVEN TO MACHINERIES SUPPLIERS AT RS.23 20 000/-. IT IS THEREFORE PRAYED THAT THE ORDER OF THE LEARNED CIT(APPEALS)-I INDORE MAY PLEASE BE SUSTAINED ON THIS POINT. 4. THE RESPONDENT SUBMITS THAT THE LEARNED CIT(APPEALS)-I INDORE HAS ERRED IN MAINTAINING TH E CLUBBING OF INCOME OF TWO SISTER CONCERNS M/S SUJA TA INDUSTRIAL PACKAGING AND PANJWANI PLASTICS AND M/S PANJWANI PLASTIC & POLYESTERS WITHOUT ANY BASIS. I T IS THEREFORE PRAYED THAT THE ORDER OF THE LEARNED CIT(APPEALS)-I INDORE MAY PLEASE BE QUASHED AND INCOME OF THESE SISTER CONCERNS MAY PLEASE BE DIRECTED TO BE ASSESSED IN THEIR RESPECTIVE HANDS AS THEY ARE IN EXISTENCE EVEN BEFORE THE FORMATION OF THE RESPONDENT COMPANY. 5. THE RESPONDENT SUBMITS THAT THE LEARNED CIT(APPEALS)-I INDORE HAS ERRED IN NOT ALLOWING T HE DEDUCTIONS U/S 80HH AND U/S 80I WHICH ARE ALLOWABLE AS PER LAW. IT IS THEREFORE PRAYED THAT THE ORDER OF THE LEARNED CIT(APPEALS)-I INDORE MAY PLEASE BE QUASHED AND DEDUCTION U/S 80HH AND U/S 80I MAY PLEASE BE DIRECTED TO BE ALLOWED AS PER LAW. 6. THE RESPONDENT SUBMITS THAT THE LEARNED CIT(APPEALS)-I INDORE HAS ERRED IN NOT ALLOWING T HE TELESCOPIC CREDIT FOR ADDITIONS MADE IN EARLIER YEA RS AND/OR IN THE SAME YEAR WITHOUT ANY BASIS. IT IS THEREFORE PRAYED THAT THE ORDER OF THE LEARNED CIT(APEALS)-I INDORE MAY PLEASE BE QUASHED AND TELESCOPIC CREDIT MAY PLEASE BE DIRECTED TO BE ALLOWED ON THE BASIS OF MATERIAL AVAILABLE ON RECOR DS. - 7 - C.O.NO. 50/IND/07 1. THE RESPONDENT SUBMITS THAT THE LEARNED CIT(APPEALS)-I INDORE HAS ERRED IN ADOPTING THE N .P. RATE AT 9% AFTER DEPRECIATION ON ESTIMATED TURNOVE R OF RS. 1.20 CRORES AS AGAINST THE DECLARED SALES OF RS . 1.10 CRORES WITHOUT ANY BASIS. IT IS THEREFORE PRAYED THAT THE ORDER OF THE LEARNED CIT(APPEALS)-I INDOR E MAY PLEASE BE QUASHED AND N.P. RATE MAY PLEASE BE DIRECTED TO BE CALCULATED ON THE BASIS OF MATERIAL AVAILABLE ON RECORDS. 2. THE RESPONDENT SUBMITS THAT THE LEARNED CIT(APPEALS)-I INDORE HAS ERRED IN NOT ALLOWING T HE DEPRECIATION ON FIXED ASSETS U/S 32 AND INVESTMENT ALLOWANCE ON NEW MACHINERIES U/S 32A WITHOUT ANY BASIS. IT IS THEREFORE PRAYED THAT THE ORDER OF T HE LEARNED CIT(APPEALS)-I INDORE MAY PLEASE BE QUASHE D AND DEPRECIATION AND INVESTMENT ALLOWANCE AS ALLOWABLE AS PER ACT MAY PLEASE BE DIRECTED TO BE ALLOWED ON THE BASIS OF MATERIAL AVAILABLE ON RECOR DS. 3. THE RESPONDENT SUBMITS THAT THE LEARNED CIT(APPEALS)-I INDORE HAS RIGHTLY ALLOWED THE SET OFF OF INTEREST TO THE EXTENT OFFERED IN PROFIT & LOSS ACCOUNT. IT IS THEREFORE PRAYED THAT THE ORDER OF THE LEARNED CIT(APPEALS)-I INDORE MAY PLEASE BE SUSTAINED ON THIS POINT 4. THE RESPONDENT SUBMITS THAT THE LEARNED CIT(APPEALS)-I INDORE HAS RIGHTLY DELETED THE ADD ITION MADE ON ACCOUNT OF PUBLIC ISSUE EXPENSES WHICH HAV E ALREADY SHOWN IN THE BALANCE SHEET. IT IS THEREFOR E PRAYED THAT THE ORDER OF THE LEARNED CIT(APPEALS)-I INDORE MAY PLEASE BE SUSTAINED ON THIS POINT. 5. THE RESPONDENT SUBMITS THAT THE LEARNED CIT(APPEALS)-I INDORE HAS ERRED IN MAINTAINING TH E CLUBBING OF INCOME OF TWO SISTER CONCERNS M/S SUJA TA INDUSTRIAL PACKAGING AND PANJWANI PLASTICS AND M/S PANJWANI PLASTIC & POLYESTERS WITHOUT ANY BASIS. I T IS THEREFORE PRAYED THAT THE ORDER OF THE LEARNED CIT(APPEALS)-I INDORE MAY PLEASE BE QUASHED AND INCOME OF THESE SISTER CONCERNS MAY PLEASE BE DIRECTED TO BE ASSESSED IN THEIR RESPECTIVE HANDS AS THEY ARE IN EXISTENCE EVEN BEFORE THE FORMATION OF THE RESPONDENT COMPANY. - 8 - 6. THE RESPONDENT SUBMITS THAT THE LEARNED CIT(APPEALS)-I INDORE HAS ERRED IN NOT ALLOWING T HE DEDUCTIONS U/S 80HH AND U/S 80I WHICH ARE ALLOWABLE AS PER LAW. IT IS THEREFORE PRAYED THAT THE ORDER OF THE LEARNED CIT(APPEALS)-I INDORE MAY PLEASE BE QUASHE D AND DEDUCTION U/S 80HH AND U/S 80I MAY PLEASE BE DIRECTED TO BE ALLOWED AS PER LAW. 7. THE RESPONDENT SUBMITS THAT THE LEARNED CIT(APPEALS)-I INDORE HAS ERRED IN NOT ALLOWING T HE TELESCOPIC CREDIT FOR ADDITIONS MADE IN EARLIER YEA RS AND/OR IN THE SAME YEAR WITHOUT ANY BASIS. IT IS THEREFORE PRAYED THAT THE ORDER OF THE LEARNED CIT(APEALS)-I INDORE MAY PLEASE BE QUASHED AND TELESCOPIC CREDIT MAY PLEASE BE DIRECTED TO BE ALLO WED ON THE BASIS OF MATERIAL AVAILABLE ON RECORDS. THE FOLLOWING COMMON ADDITIONAL GROUND WAS RAISED I N THE C.O. NO. 48 TO 50/IND/07 :- THE PETITIONER SUBMITS THAT THE LEARNED CIT(APPEALS)-I INDORE HAS ERRED IN NOT ADJUDICATI NG THE GROUNDS OF APPEAL FULLY RELATED TO CLUBBING OF INCOME M/S SUJATA INDUSTRIAL PACKAGING AND PANJWANI PLASTICS AND POLYESTER AS DIRECTED IN EARLIER ORDER OF LEARNED CIT(APPEALS) SETTING ASID E THE ASSESSMENT. IT IS THEREFORE SUBMITTING THAT CLUBBING OF INCOME OF THESE TWO CONCERNS SHOULD HAVE BEEN DISCUSSED ON MERITS AND THUS IT IS THEREFORE PRAYED THAT SUITABLE DIRECTIONS MAY PLEASE BE GIVEN FOR CLUBBING OF INCOME ON THE BASIS OF MERITS OF THE CASE. 2. THE LEARNED CIT DR SUBMITTED THAT ORIGINALLY THE ASSESSMENT PROCEEDINGS FOR THE ASSESSMENT YEARS 198 8-89 1989-90 AND 1990-91 WERE SET ASIDE TO THE FILE OF T HE ASSESSING OFFICER FOR READJUDICATION AND IN THESE YEARS CERTA IN ORDERS WERE PASSED UNDER SECTIONS 144 AND 143(3)/250 OF THE ACT . - 9 - THEREFORE THE LEARNED COUNSEL FOR THE ASSESSEE AT THIS STAGE SUBMITTED THAT IN THESE APPEALS THE DECISION HAD BE EN TAKEN AFTER CONSIDERING THE SEIZED MATERIAL. HOWEVER IN CASE OF ISSUES RAISED IN THE CROSS OBJECTIONS OF THE ASSESS EE NO DOUBT CERTAIN FACTS REMAINED TO BE CONSIDERED. HE FURTHE R SUBMITTED THAT IN THE ASSESSMENT YEAR 1987-88 THE RATE OF PRO FIT WAS DETERMINED ON THE BASIS OF TRANSACTIONS OF SUBSEQUE NT YEARS IGNORING THE FACT THAT THIS IS THE FIRST YEAR OF TH E ASSESSEE OF OPERATIONS HAVING SMALL TURNOVER HENCE SUBSEQUENT YEARS RESULTS COULD NOT BE A PROPER BASIS. THE LEARNED C IT DR AT THIS STAGE OPINED THAT THE MATTER COULD BE SENT BACK TO THE FILE OF THE ASSESSING OFFICER FOR REDETERMINATION OF ALL THE IS SUES AFRESH WHEREIN THE ASSESSEE COULD RAISE THIS PLEA. THE LEA RNED COUNSEL FOR THE ASSESSEE THEN AGREED THAT ALL THE I SSUES RAISED IN THESE APPEALS ONLY COULD BE SENT TO THE FILE OF THE ASSESSING OFFICER FOR REDETERMINATION AND THE ISSUES WHICH HA D ATTAINED FINALITY BY THE DECISION OF THE LEARNED COMMISSIONE R OF INCOMETAX (APPEALS) WHICH HAD NOT BEEN RAISED IN T HE APPEALS OF THE REVENUE SHOULD NOT BE DISTURBED. THE LEARN ED COUNSEL FOR THE ASSESSEE FURTHER SUBMITTED THAT CERTAIN ADD ITIONAL GROUNDS WERE RAISED IN THE CROSS OBJECTIONS FILED B Y THE ASSESSEE WHICH COULD ALSO BE SENT TO THE FILE OF TH E ASSESSING - 10 - OFFICER FOR READJUDICATION. IN THIS VIEW OF THE MA TTER WE RESTORE ALL THE ISSUES RAISED IN THESE APPEALS OF THE REVEN UE AS WELL AS IN THE CROSS OBJECTIONS FILED BY THE ASSESSEE TO TH E FILE OF THE ASSESSING OFFICER FOR ADJUDICATION THEREOF AFRESH A S PER LAW AFTER GIVING DUE OPPORTUNITY OF HEARING TO THE ASSE SSEE WHEREIN THE ASSESSEE SHALL BE AT LIBERTY TO FILE THE EVIDEN CE/DETAILS IN SUPPORT OF ITS CLAIM. WE HOWEVER CLARIFY THAT TH E CONCLUDED ISSUES WHICH ARE NOT THE SUBJECT MATTER OF THESE AP PEALS AND THE CROSS OBJECTIONS FILED BY THE REVENUE AND THE A SSESSEE WILL NOT BE DISTURBED. WE FURTHER HOLD THAT THE ADDITIO NAL GROUNDS FILED BY THE ASSESSEE HAVE BEEN ADMITTED AND THOSE ARE ALSO BEING SENT FOR ADJUDICATION AFRESH BY THE ASSESSING OFFICER 3. IN THE RESULT DEPARTMENTAL APPEALS AS WELL AS C ROSS OBJECTIONS OF THE ASSESSEE ARE ALLOWED FOR STATISTI CAL PURPOSES. PRONOUNCED IN OPEN COURT ON 21 ST JANUARY 2010 SD SD (JOGINDER SINGH) (V.K. GUPTA) JUDICIAL MEMBER ACCOUNTANT MEMBER JANUARY 21 2010 COPY TO APPELLANT RESPONDENT CIT CIT (A) DR G UARD FILE DN/