The India Thermit Corp. Ltd, Kanpur v. CIT,

ITA 277/AGR/2009 | 2004-2005
Pronouncement Date: 30-11-2011 | Result: Partly Allowed

Appeal Details

RSA Number 27720114 RSA 2009
Assessee PAN AAACT7462Q
Bench Delhi
Appeal Number ITA 277/AGR/2009
Duration Of Justice 2 year(s) 4 month(s) 27 day(s)
Appellant The India Thermit Corp. Ltd, Kanpur
Respondent CIT,
Appeal Type Income Tax Appeal
Pronouncement Date 30-11-2011
Appeal Filed By Assessee
Order Result Partly Allowed
Bench Allotted H
Tribunal Order Date 30-11-2011
Date Of Final Hearing 14-09-2011
Next Hearing Date 14-09-2011
Assessment Year 2004-2005
Appeal Filed On 03-07-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCH H DELHI ] BEFORE MS. DIVA SINGH JM AND SHRI K. D. RA NJAN AM I. T. APPEAL NO. 277 (AGRA) OF 2009 ASSESSMENT YEAR : 2004-05. THE INDIA THERMIT CORPORATION LTD. ASSTT. C OMMISSIONER OF INCOME-TAX 84 / 22 F A Z A L G A N J VS. G W A L I O R. K A N P U R 208 012. PAN / GIR NO. AAA CT 7462 Q. ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY : SHRI SUDHINDRA KR. JAIN C. A.; DEPARTMENT BY : DR. B. R. R. KUMAR SR. D. R.; O R D E R. PER K. D. RANJAN AM : THIS APPEAL BY THE ASSESSEE FOR ASSESSMENT YEAR 20 04-05 ARISES OUT OF ORDER OF THE LD. CIT (APPEALS) GWALIOR. 2. THE GROUNDS OF APPEAL RAISED BY THE ASSESSEE ARE AS FOLLOWS :- I) THAT THE LD. CIT (APPEALS) GWALIOR HAS ERRED IN LAW AND ON FACTS IN SUSTAINING THE FOLLOWING ADDITIONS / DISALLOWANCES : A) RS.19 60 529/- BEING THE DISALLOWANCE OUT OF FOREIG N TRAVEL EXPENSES UNDERTAKEN BY SHRI ALOK NAGORY MANAGING DIRECTOR AND SMT. SUDHA NAGORY DIRECTOR ALLEGEDLY FOR NON BUSINESS PURPOS ES; B) RS.5 100/- BEING THE DEDUCTION CLAIMED UNDER SECTIO N 80-G AT THE RATE OF 50 PER CENT OF ELIGIBLE DONATION MADE TO SHRI RAM L EELA SOCIETY PARADE 2 I. T. APPEAL NO. 277 (AGRA) OF 2009 KANPUR DESPITE THEIR RECEIPT AND CERTIFICATE PROVI DED AT THE TIME OF ASSESSMENT AS WELL AS IN APPEAL; C) RS.1 40 985/- BEING THE AD-HOC DISALLOWANCE OUT OF CONVEYANCE EXPENSES; D) RS.2 28 870/- BEING THE AD-HOC DISALLOWANCE OUT OF DOMESTIC TRAVEL; E) RS.97 947/- BEING THE AD-HOC DISALLOWANCE OUT OF GE NERAL EXPENSES. II) THAT THE LD. CIT (APPEALS) GWALIOR FAILED TO C ONSIDER AND APPRECIATE THAT FULL AND COMPLETE DETAILS IN RESPECT OF FOREIG N TRAVEL UNDERTAKEN BY THE DIRECTORS OF THE COMPANY WERE PROVIDED AND WERE AMENABLE TO FULL VERIFICATION AND THEREFORE THE DISALLOWANCE SUSTAI NED IS WHOLLY UNJUSTIFIED ARBITRARY AND IN ANY CASE MUCH TOO HIGH AND EXCESSI VE; III) THAT WITHOUT PREJUDICE TO THE ABOVE GROUNDS OF APPEAL THE ADDITIONS / DISALLOWANCES SUSTAINED BY THE LD. CIT (APPEALS) G WALIOR ARE WHOLLY UNJUSTIFIED AND IN ANY CASE MUCH TOO HIGH AND EXCES SIVE. 3. THE FIRST ISSUE FOR OUR CONSIDERATION RELATES TO DISALLOWANCE OF RS.19 60 529/- ON ACCOUNT OF FOREIGN TRAVEL EXPENSES UNDERTAKEN BY SHRI ALOK NAGORY MANAGING DIRECTOR AND SMT. SUDHA NAGORY DIRECTOR. THE FACTS OF THE CASE RELATING T O THIS GROUND ARE THAT SHRI ALOK NAGORY AND SUDHA NAGORY HAD UNDERTAKEN FOREIGN TOURS OF EUROPE USA UK AND BANGKOK DURING THE YEAR UNDER CONSIDERATION AND HAD INCURRED EXPENDITURE OF RS.19 60 529/- THEREON. THE AO ASKED THE ASSESSEE TO SUBSTANTIATE THE EXPENDITURE OF THE JOU RNEY BY GIVING PURPOSES AND PROOF THAT THE JOURNEY WAS CONDUCTED FOR THE BUSINESS PURPOSES. T HE ASSESSEE COULD NOT SUBSTANTIATE THE PURPOSE OF GOING HUSBAND AND WIFE TOGETHER ON FOREI GN TOURS. THE AO TREATED THE AMOUNT OF RS.19 60 529/- INCURRED ON FOREIGN TOURS FOR NON-BU SINESS PURPOSE. 4. BEFORE THE LD. CIT (APPEALS) IT WAS SUBMITTED TH AT BOTH THE DIRECTORS HAVE BEEN REGULARLY GOING TO VARIOUS COUNTRIES IN CONNECTION WITH THE B USINESS ACTIVITIES OF THE ASSESSEE SINCE MORE THAN 20 YEARS. THE TRAVELLING EXPENSES OF BOTH THE DIRECTORS WERE APPROVED BY THE BOARD OF DIRECTORS. IT WAS ALSO SUBMITTED THAT 35 PER CENT OF SHARES WERE HELD BY GERMAN COLLABORATOR 3 I. T. APPEAL NO. 277 (AGRA) OF 2009 AND HIGHEST LEVEL OF FINANCIAL DISCIPLINE WAS OBSER VED AT EVERY LEVEL TO MONITOR EXPENDITURE. THE ALLEGATION OF THE AO THE FOREIGN TRAVEL EXPENDI TURE WAS NOT INCURRED FOR BUSINESS PURPOSES WAS WITHOUT MERIT. ALL THE FOREIGN TRAVELS WERE UN DERTAKEN BY THE DIRECTORS OF THE COMPANY WHOLLY AND EXCLUSIVELY FOR THE PURPOSE OF THE BUSIN ESS TO UNDERTAKE NEGOTIATIONS AND ATTENDING MEETINGS WITH BUSINESS CONCERNS ABROAD. THEREFORE THE EXPENDITURE INCURRED WAS WHOLLY VERIFIABLE AND ALLOWABLE UNDER SECTION 37(1) OF THE ACT. 5. THE LD. CIT (APPEALS) EXAMINED THE CONTENTION OF THE ASSESSEE AND OBSERVED THAT THE ASSESSEE HAD NOT BROUGHT ON RECORD ANY SPECIFIC EVI DENCE TO PROVE THAT THE WHOLE OR ANY PART OF THE EXPENDITURE INCURRED ON THE FOREIGN TRIPS UNDER TAKEN TOGETHER BY SHRI ALOK NAGORY AND SMT. SUDHA NAGORY WAS WHOLLY NECESSARILY AND EXCLUSIVEL Y FOR THE BUSINESS PURPOSE OF THE ASSESSEE. HE ALSO OBSERVED THAT FOR ASSESSMENT YEAR 2003-04 T HE LD. CIT (APPEALS) GWALIOR HAD CONFIRMED THE ADDITIONS BARRING EXPENDITURE INCURRED ON ONE T RIP TO GERMANY DURING WHICH AGREEMENT DATED 22/11/2002 WAS STATED TO HAVE BEEN SIGNED BY TWO DI RECTORS. SINCE THE ASSESSEE HAD NOT FILED ANY EVIDENCE TO PROVE ITS CONTENTION THAT THE FOREI GN TOURS WERE CONDUCTED WHOLLY AND EXCLUSIVELY FOR THE PURPOSES OF THE BUSINESS THE L D. CIT (APPEALS) UPHELD THE DISALLOWANCE. 6. BEFORE US THE LD. AR OF THE ASSESSEE SUBMITTED T HAT THE ASSESSEE IS IN THE BUSINESS OF SUPPLY OF RAIL-JOINT. THE ASSESSEE HAD TO UNDERTAK E THE BUSINESS OF VARIOUS COUNTRIES TO STUDY THE TECHNIQUES OF WELDING. THE LD. AR OF THE ASSESSEE SUBMITTED THAT SIMILAR ADDITIONS WERE MADE IN ASSESSMENT YEAR 2003-04 WHICH HAS BEEN DELETED BY THE ITAT AGRA BENCH AGRA. THE ASSESSEE HAS FILED DETAILS OF TRAVEL EXPENSES. THE LD. AR O F THE ASSESSEE ALSO SUBMITTED THAT ALL THESE DOCUMENTS WERE FILED BEFORE THE AO AND THEREFORE THE EXPENDITURE WAS INCURRED WHOLLY AND EXCLUSIVELY FOR THE PURPOSE OF THE BUSINESS. ON TH E OTHER HAND THE LD. SR. DR SUBMITTED THAT FROM THE DETAILS FILED BY THE ASSESSEE THE BUSINESS PURPOSE IS NOT PROVED. THEREFORE THE ASSESSEE HAS NOT BEEN ABLE TO DISCHARGE ONUS THAT THE EXPEND ITURE WAS INCURRED WHOLLY AND EXCLUSIVELY FOR THE PURPOSE OF BUSINESS. 4 I. T. APPEAL NO. 277 (AGRA) OF 2009 7. WE HAVE HEARD BOTH THE PARTIES AND GONE THROUGH THE MATERIAL AVAILABLE ON RECORD. FIRST VISIT WAS UNDERTAKEN BY SMT. SUDHA NAGORY AND SHRI ALOK NAGORY OF EUROPE AND USA DURING THE PERIOD 12/05/2003 TO 24/05/2003. THE EXPENDITUR E INCURRED IS AT RS.7 18 193/- [RS.1 15 861/- IN RESPECT OF SMT. SUDHA NAGORY AND RS.6 02 332/- IN RESPECT OF SHRI ALOK NAGORY]. THE ASSESSEE HAD NOT FILED ANY SUPPORTING EVIDENCE IN R ESPECT OF THIS VISIT TO EUROPE AND USA. THE PURPOSE OF MEETING HAS BEEN STATED TO MEET WITH HOL LAND COMPANY USA FOR FLASH-BUTT WELDING. HOWEVER THERE IS NO SUPPORTING EVIDENCE TO PROVE TH E BUSINESS PURPOSE. IN THE ABSENCE OF ANY DOCUMENTARY EVIDENCE THE PURPOSE OF FOREIGN VISIT IS NOT ESTABLISHED. WE THEREFORE CONFIRM THE DISALLOWANCE OF RS.7 18 193/- . THE NEXT VISIT WAS MADE BY NAGORY COUPLE FROM 15/08/2003 TO 25/08/2003 OF EUROPE AND EXPENDITURE OF RS.4 61 281 /- WAS INCURRED [RS.98 829/- IN RESPECT OF SMT. SUDHA NAGORY AND RS.3 62 452/- IN RESPECT OF SHRI ALOK NAGORY]. THE PURPOSE OF VISIT HAS BEEN STATED FOR COLLECTING INFORMATION ON RAIL STRE SS MEASURING DEVICE AND TRAINING ON SKV PROCESS AT GERMANY. THE ASSESSEE HAD FILED CERTAIN E-MAILS REGARDING TRAINING OF PERSONNEL BELONGING TO IRCON IN SUPPORT OF ITS CONTENTION THA T THE TOUR TO EUROPE WAS CONDUCTED FOR THE PURPOSE OF ASSESSEES BUSINESS. FROM THE DETAILS F ILED WE ARE UNABLE TO DECIDE AS TO HOW THE EXPENDITURE INCURRED IN CONNECTION WITH TRAINING OF IRCON STAFF WAS RELATED TO THE ASSESSEES BUSINESS. WE THEREFORE SET ASIDE THIS ISSUE TO TH E FILE OF ASSESSING OFFICER WITH THE DIRECTIONS TO ASCERTAIN THE BUSINESS PURPOSE INVOLVED WITH TRAINI NG OF IRCON EMPLOYEES AND DECIDE THE ISSUE ON MERITS AFTER AFFORDING THE ASSESSEE AN OPPORTUNI TY OF BEING HEARD. 8. THE THIRD TRIP TO EUROPE AND UK WAS CONDUCTED BY NAGORY COUPLE FROM 11/11/2003 TO 23/11/2003 FOR MEETING GOLD SCHMIDT OF ALL OVER WOR LD. THE DOCUMENTS FILED ARE PLACED AT PAGE NOS. 12 AND 13 OF THE PAPER-BOOK. AS PER AGENDA T HE MEETING WAS HELD ON 18 TH 19 TH AND 20 TH NOVEMBER AND SHRI ALOK NAGORY WAS INVITED FOR THE M EETING. THERE IS NO OTHER EVIDENCE TO SUPPORT THE CONTENTION OF THE ASSESSEE THAT THE ENT IRE PERIOD FROM 11/11/2003 TO 23/11/2003 ON FOREIGN TOUR WAS DEVOTED FOR THE PURPOSES OF THE SA ID MEETING. IT IS ALSO IMPORTANT TO NOTE THAT SMT SUDHA NAGORY WAS NOT INVITED FOR SAID MEETING. THERE IS NO OTHER EVIDENCE ON RECORD TO SUGGEST THAT FOREIGN TOUR UNDERTAKEN BY HER WAS FOR BUSINESS PURPOSE. WE THEREFORE HOLD THAT EXPENDITURE INCURRED ON MRS SUDHA NAGORY HAS BEEN R IGHTLY BEEN DISALLOWED. AS REGARDS THE EXPENDITURE INCURRED BY SH ALOK NAGORY WE ARE OF THE CONSIDERED VIEW THAT THE PERIOD FROM 5 I. T. APPEAL NO. 277 (AGRA) OF 2009 17 TH NOVEMBER TO 21 ST NOVEMBER HAVING REGARD TO TIME TAKEN ON TO AND FRO JOURNEY TO THE PLACE OF MEETING SHOULD BE CONSIDERED FOR THE PURPOSE OF BUSINESS. THE ASSESSING OFFICER IS DIRECTED TO ALLOW ENTIRE EXPENDITURE AIR TICKET AND INCIDENTAL EXPENSES ON SAID JOURNEY AND EXPENDITURE INCURRED ON BOARDING AND LODGING OF SH. ALOK NAGORY RELATABLE TO THE ABOVE PERIOD OF FIVE DAYS. THE COUPLE HAD UNDER TAKEN ANOTHER TRIP TO BANGKOK FROM 22 ND FEB. 2004 TO 28 TH FEB. 2004 AND THE PURPOSE OF VISIT HAS BEEN STATED MEETING WITH T HAILAND RAILWAYS FOR PROCUREMENT OF ORDERS. THE ASSESSEE HAD FILED ONE DOCUMENT PLACED AT PAGE 14 WRITTEN BY SHRI ALOK NAGORY TO MR. SOMPORN PONGKACHORN. AS PER THIS LETTER SHRI ALOK NAGORY EXPRESSED HIS WILLINGNESS TO VISIT BANGKOK FROM 26 TH TO 28 TH FEBRUARY AND SOUGHT APPOINTMENT ON 26 TH FEBRUARY TO MEET CHIEF ENGINEERS OF OPEN LINE AND CONSTRUCTION DEPARTMENT OF THAI RAILWAYS. THERE IS NO EVIDENCE WHETHER ANY SUCH APPOINTMENT WAS GIVEN BY THE CONCE RNED AUTHORITY TO MEET HIM ON 26 TH FEBRUARY. THEREFORE FROM THE EVIDENCE FILED IN RE SPECT OF THIS VISIT IT APPEARS THAT THE TOUR PROGRAMME WAS ONLY FROM 26 TH TO 28 TH AND NOT FROM 22 ND FEB. 2004 TO 28 TH FEB. IT WAS ALSO IN RESPECT OF SHRI ALOK NAGORY. HOWEVER SINCE THE AO HAS NOT EXAMINED THE MATERIAL PLACED ON RECORD WE FEEL IT PROPER TO SET ASIDE THE MATTER T O THE FILE OF ASSESSING OFFICER WITH THE DIRECTION THAT HE WILL EXAMINE THE CLAIM OF THE ASSESSEE AND DECIDE WHETHER ANY BUSINESS TOUR WAS CONDUCTED BY THE DIRECTORS OF THE ASSESSEE COMPANY. HE WILL EXAMINE THE CLAIM OF THE ASSESSEE ON THE SAME LINES AS WE HAVE DONE IN RESPECT OF JOU RNEY UNDERTAKEN BY THE COUPLE IN MONTH OF NOVEMBER 2003. WE ORDER ACCORDINGLY. 9. THE NEXT ISSUE FOR CONSIDERATION RELATES TO DISA LLOWING RS.5 100/- BEING ELIGIBLE DONATION MADE TO SHREE RAM LEELA SOCIETY KANPUR UNDER SECT ION 80-G OF THE ACT. THE ASSESSING OFFICER NOTED THAT THE ASSESSEE HAD SHOWN DONATION OF RS.72 600/- PAID TO DIFFERENT ORGANIZATIONS BUT NO RECEIPTS WERE PRODUCED IN SUPPORT OF DONATIONS. NO PROOF REGARDING RECOGNITION CERTIFICATE UNDER SECTION 80-G TO THOSE ORGANIZATIONS WAS PRODUCED. THE ASSESSING OFFICER DISALLOWED ENTIRE AMOUNT OF DONATIONS OF RS.72 600/-. ON APPEAL IT W AS CONTENDED BY THE ASSESSEE THAT THE AO HAD WRONGLY ADDED THE AMOUNT OF RS.72 600/- WITHOUT VER IFYING THE COMPUTATION OF INCOME. IT WAS CONTENDED BY THE ASSESSEE THAT THE LD. CIT (APPEALS ) MAY ALLOW DEDUCTION AFTER VERIFICATION OF THE FACTS. THE LD. CIT (APPEALS) ON PERUSAL OF THE RECEIPT OF DONATION OF RS.5 100/- GIVEN TO SHREE RAM LEELA SOCIETY PARADE KANPUR OBSERVED THA T PROOF OF QUALIFYING THE SAID AMOUNT FOR 6 I. T. APPEAL NO. 277 (AGRA) OF 2009 ALLOWABILITY OF DEDUCTION UNDER SECTION 80-G WAS NO T BROUGHT ON RECORD. THE LD. CIT (A) ALLOWED DEDUCTION IN RESPECT OF OTHER AMOUNTS BY DIRECTING THE AO TO VERIFY THE CERTIFICATES FOR DEDUCTION. HOWEVER NO DIRECTIONS HAVE BEEN GIVEN BY HIM TO TH E ASSESSING OFFICER IN RESPECT OF THE DONATION OF RS.5 100/- GIVEN TO SHREE RAM LEELA SOC IETY PARADE. 10. BEFORE US IT HAS BEEN SUBMITTED THAT THE RECEIP T OF RS.5 100/- EXHIBITING PAYMENT THROUGH CHEQUE TO SHREE RAM LEELA SOCIETY WAS GIVEN TO THE LD. CIT (A) AS WELL AS TO THE AO THE COPY OF WHICH HAS BEEN FILED IN THE PAPER BOOK. THE SOCI ETY WAS RECOGNIZED U/S 80G BY THE CIT FOR THE RELEVANT PERIOD. THEREFORE THE ASSESSEE IS ELI GIBLE FOR DEDUCTION UNDER SECTION 80-G OF THE ACT. 11. WE HAVE HEARD BOTH THE PARTIES AND GONE THROUGH THE MATERIAL AVAILABLE ON RECORD. WE HAVE GONE THROUGH THE RECEIPT IN RESPECT OF PAYMENT OF DONATION OF RS.5 100/-. AS PER THE RECEIPT SHREE RAM LEELA SOCEITY (REGD.) HAS BEEN GRANTED 80 -G RECOGNITION CERTIFICATE NO. 1304/80-G WHICH IS VALID UPTO 31 ST MARCH 2004. FROM THESE FACTS IT IS CLEAR THAT SH REE RAM LEELA SOCIETRY WAS RECOGNIZED FOR THE PURPOSE OF SECTION 80-G. PRI MA FACIE WE ARE OF THE OPINION THAT THE ASSESSEE IS ELIGIBLE FOR DEDUCTION IN RESPECT OF DO NATION GIVEN TO SHREE RAM LEELA SOCIETY. WE THEREFORE FEEL IT NECESSARY TO SET ASIDE THE MATTE R TO THE FILE OF THE AO WITH THE DIRECTIONS TO EXAMINE WHETHER ALL CONDITIONS OF SECTION 80G IN RE SPECT OF DONATION TO SHREE RAM LEELA SOCIETY ARE SATISFIED AND DECIDE THE ISSUE ON MERIT S AFTER AFFORDING THE ASSESSEE A REASONABLE OPPORTUNITY OF BEING HEARD. 12. THE NEXT ISSUE FOR CONSIDERATION RELATES TO AD- HOC DISALLOWANCE OUT OF CONVEYANCE EXPENSES. THE ASSESSEE CLAIMED CONVEYANCE EXPENSES OF RS.14 09 855/- ON ACCOUNT OF HIRING OF VEHICLES. THE AO NOTED THAT THE EXPENDITURE WAS PA RTLY VOUCHED. HE ESTIMATED THE EXCESSIVE PAYMENT BY DISALLOWING 10 PER CENT OF RS.14 09 855/ -. SIMILARLY THE AO DISALLOWED 5 PER CENT OF TRAVELLING EXPENSES AMOUNTING TO RS.2 28 870/- A ND RS.97 947/- ON ACCOUNT OF OTHER EXPENSES. THE AO IN RESPECT OF TRAVELLING EXPENSES HAS OBSERV ED THAT THE EXPENDITURE WAS MAINLY RELATED TO THE TRAVELLING DONE BY THE EMPLOYEES. THE AO HOWEV ER DISALLOWED 5 PER CENT OF EXPENSES ON 7 I. T. APPEAL NO. 277 (AGRA) OF 2009 THE GROUND THAT IT WAS NOT SUPPORTED BY VOUCHERS. SIMILAR IS THE CASE IN RESPECT OF OTHER EXPENSES. 13. ON APPEAL THE LD. CIT (APPEALS) UPHELD THE DISA LLOWANCE ON THE GROUND THAT SIMILAR DISALLOWANCES WERE CONFIRMED IN AY 2003-04. THE LD . CIT (A) HAS CONFIRMED THE DISALLOWANCES FOLLOWING HIS ORDER FOR AY 2003-04. 14. BEFORE US THE LD. AR OF THE ASSESSEE SUBMITTED THAT THE ITAT AGRA BENCH IN ITA. NO 411 (AGR.) OF 2007 FOR AY 2003-04 DATED 14/08/2009 HAS DELETED ALL THE ADDITIONS ADDITIONS. 15. WE HAVE HEARD BOTH THE PARTIES. WE FIND THAT I TAT AGRA BENCH HAS DELETED THE ADDITION ON THE GROUND THAT THE AO HAD NOT BROUGHT OUT ANY S PECIFIC EXPENDITURE WHICH HAD BEEN CLAIMED AND WAS NOT AN ALLOWABLE EXPENDITURE OR WHICH WAS N OT VOUCHED. SINCE THE ISSUE IS SQUARELY COVERED BY THE DECISION OF THE ITAT IN FAVOUR OF TH E ASSESSEE IN RESPECT OF ALL THE THREE DISALLOWANCES RESPECTFULLY FOLLOWING THE PRECEDENT WE DELETE THE DISALLOWANCE MADE BY THE AO AND CONFIRMED BY THE LD. CIT (A) IN RESPECT OF ALL THE THREE ADDITIONS. THE ASSESSING OFFICER IS DIRECTED ACCORDINGLY. 16. IN THE RESULT THE APPEAL FILED BY THE ASSESSEE IS PARTLY ALLOWED. THE ORDER PRONOUNCED IN THE OPEN COURT ON : 30 TH NOVEMBER 2011. SD/- SD/- [ DIVA SINGH ] [ K. D. R ANJAN ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : _30 TH NOVEMBER 2011 . * MEHTA * 8 I. T. APPEAL NO. 277 (AGRA) OF 2009 COPY OF THE ORDER FORWARDED TO : - 1. APPELLANT. 2. RESPONDENT. 3. CIT 4. CIT (APPEALS) 5. DR ITAT NEW DELHI. TRUE COPY. BY ORDER. ASSISTANT REGISTRAR ITAT.