DCIT CEN CIR 2, MUMBAI v. RUSHABH J.. SHAH, MUMBAI

ITA 2802/MUM/2010 | 2006-2007
Pronouncement Date: 23-09-2011 | Result: Dismissed

Appeal Details

RSA Number 280219914 RSA 2010
Assessee PAN AAFPS1836F
Bench Mumbai
Appeal Number ITA 2802/MUM/2010
Duration Of Justice 1 year(s) 5 month(s) 14 day(s)
Appellant DCIT CEN CIR 2, MUMBAI
Respondent RUSHABH J.. SHAH, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 23-09-2011
Appeal Filed By Department
Order Result Dismissed
Bench Allotted D
Tribunal Order Date 23-09-2011
Date Of Final Hearing 19-09-2011
Next Hearing Date 19-09-2011
Assessment Year 2006-2007
Appeal Filed On 09-04-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH D MUMBAI BEFORE SHRI N.V.VASUDEVAN(J.M) & SHRI T.R.SOOD (A. M) ITA NO.2801/MUM/2010(A.Y. 2006-07) THE DCIT CENTRAL CIRCLE-2 OLD CGO BLDG. ANNEXE 9 TH FLOOR M.K.ROAD MUMBAI 20. (APPELLANT) VS. MR. DILIP D.SHAH 304 SAHAKAR BHUVAN 340-48 NARSI NATHA STREET MUMBAI 400 009. PAN:AAFPS 1836F (RESPONDENT) ITA NO.2802/MUM/2010(A.Y. 2006-07) THE DCIT CENTRAL CIRCLE-2 OLD CGO BLDG. ANNEXE 9 TH FLOOR M.K.ROAD MUMBAI 20. (APPELLANT) VS. MR. RUSHABH J. SHAH 7/8 LAL KRUPA HINGWALA LANE GHATKOPAR (EAST) MUMBAI 400 077. PAN:ABAPS 7515P (RESPONDENT) APPELLANT BY : SHRI G.P.TRIVEDI RESPONDENTS BY : SHRI V.H.JARIWALA DATE OF HEARING : 19/09/2011 DATE OF PRONOUNCEMENT : /09/2011 ORDER PER N.V.VASUDEVAN J.M THESE ARE APPEALS BY THE REVENUE AGAINST TWO ORDE RS BOTH DATED 25/1/2010 OF CIT(A)-36 MUMBAI RELATING TO ASSESSME NT YEAR 2006-07. IN THESE APPEALS THE REVENUE HAS CHALLENGED THE ORDER OF THE CIT(A) WHEREBY ITA NO.2801&2802/MUM/2010(A.Y. 2006-07) 2 THE CIT(A) CANCELLED THE PENALTY IMPOSED ON THE ASS ESSES BY THE AO UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT 1961 (THE ACT). 2. THE FACTS AND CIRCUMSTANCES UNDER WHICH THE PENA LTY WAS IMPOSED UNDER SECTION 271(1)(C) OF THE ACT BY THE AO ON THE ASSESSEE ARE AS FOLLOWS: THE ASSESSEE IN ITA NO.2801/M/10 IS AN INDIVIDUAL BY NAME MR. DILIP D. SHAH. THE ASSESSEE IN ITA NO.2802/M/10 IS ALSO AN INDIVIDUAL BY NAME MR. RUSHABH J. SHAH. THERE WAS A SEARCH AND SEIZUR E ACTION UNDER SECTION 132 OF THE ACT CONDUCTED IN THE CASE OF DELUXE KAAR AN GROUP ON 23/8/2006. BOTH THE ASSESSE BELONGED TO THE DELUXE KARRAN GROU P AND WERE ALSO SUBJECTED TO A SEARCH UNDER SECTION 132 OF THE ACT ON 23.8.2006. IN THE COURSE OF SEARCH CASH TOTALING RS. 21.50 LACS WAS FOUND. OUT OF THE CASH SO FOUND RS. 13.50 LACS WAS EXPLAINED AS CASH BELONGIN G TO MR. DILIP D.SHAH AND RS.1.50 LACS WAS EXPLAINED AS BELONGING TO MR. RUSHABH J. SHAH. IN THE COURSE OF SEARCH STATEMENT OF MR. MINESH D. SHAH D IRECTOR OF DELUXE KAARAN IMPORTS PVT. LTD. WAS RECORDED. IN HIS STAT EMENT HE DECLARED A SUM OF RS. 3.00 CRORES AS ADDITIONAL INCOME FOR THE WHO LE GROUP INCLUDING THE TWO ASSESSES. 3. MR. DILIP D.SHAH FILED RETURN OF INCOME FOR A.Y 2006-07 DECLARING A SUM OF RS.3 21 780 ON 30.10.2006. AFTER THE SEARCH A NOTICE U/S.153A WAS ISSUED TO THE ASSESSEE AND ON 1.2.2007 AND IN RESPO NSE THERETO THE ASSESSEE FILED A RETURN OF INCOME DECLARING A SUM OF RS. 16 71 780/- ON 27/12/2007. THIS INCLUDED THE SUM OF RS. 13.50 LACS WHICH WAS ATTRIBUTABLE TO THE SHARE OF MR. DILIP D. SHAH IN THE SUM OF RS. 3.00 CRORES DECLARED FOR THE WHOLE GROUP BY MR. MANISH D. SHAH IN HIS STATEMENT UNDER SECTION 132(4) OF THE ACT. IN VIEW OF THE SECOND PROVISO BELOW SEC.153A( 1) OF THE ACT THE RETURN OF INCOME FILED BY THE ASSESSEE ON 30.10.2006 BECOMES NON EST. ITA NO.2801&2802/MUM/2010(A.Y. 2006-07) 3 4. IN THE CASE OF RUSHABH J. SHAH HE FILED A RETURN OF INCOME FOR A.Y 2006-07 IN WHICH HE DECLARED A TOTAL INCOME OF RS. 4 89 370/-. THE RETURN OF INCOME WAS FILED ON 28/7/2006 PRIOR TO THE DATE OF SEARCH IN THE CASE OF THIS ASSESSEE. CONSEQUENT TO THE SEARCH A NOTICE U NDER SECTION 153A OF THE ACT WAS ISSUED TO THIS ASSESSEE ON 16/5/2007. IN R ESPONSE TO THE SAME THE ASSESSEE FILED RETURN OF INCOME DECLARING TOTAL INC OME OF RS. 35 89 390/-. THIS RETURN OF INCOME WAS FILED ON 27/12/2007. THU S AN ADDITIONAL INCOME OF RS. 31.00 LACS WAS DECLARED BY THE ASSESSEE FOR THE YEAR 2006-07 CONSEQUENT TO THE SEARCH OPERATION. IT IS NOT IN D ISPUTE THAT THIS ADDITIONAL INCOME DECLARED IN THE RETURN OF INCOME FILED PURSU ANT TO THE NOTICE UNDER SECTION 153A OF THE ACT IS ATTRIBUTABLE TO THE SHAR E OF MR. RUSHABH J. SHAH IN THE SUM OF RS. 3.00 CRORES DECLARED AS UNDISCLOS ED INCOME BY MR. MINESH D. SHAH IN HIS STATEMENT UNDER SECTION 132(4) OF THE ACT. IN VIEW OF THE SECOND PROVISO BELOW SEC.153A(1) OF THE ACT THE RE TURN OF INCOME FILED BY THE ASSESSEE ON 27.6.2006 BECOMES NON EST. 5. IN THE CASE OF MR. DILIP D.SHAH THE INCOME RETU RNED BY THE ASSESSEE WAS ACCEPTED AND BROUGHT TO TAX. IN THE CASE OF MR . RUSHABH J. SHAH. THE RETURN FILED PURSUANT TO THE NOTICE UNDER SECTION 1 53A OF THE ACT DECLARING ADDITIONAL INCOME OF RS.31.00 LAKHS WAS ACCEPTED. THE AO HOWEVER INITIATED PENALTY PROCEEDINGS UNDER SECTION 271(1)( C) OF THE ACT AGAINST BOTH THE ASSESSES. 6. IN THE PENALTY PROCEEDINGS THE ASSESSES SUBMITT ED THAT THEY DISCLOSED THE INCOME SURRENDERED AT THE TIME OF SEARCH IN THE IR RETURNS OF INCOME AND THE SAME WAS ACCEPTED BY THE AO. IT WAS SUBMITTED THAT SINCE THERE WAS NO ADDITION TO THE INCOME AS PER THE RETURN OF INCOME THERE IS NO QUESTION OF IMPOSING PENALTY UNDER SECTION 271(1)(C) OF THE ACT AS THERE WAS NEITHER CONCEALMENT OF INCOME NOR FURNISHING OF INACCURATE PARTICULARS. THE AO ITA NO.2801&2802/MUM/2010(A.Y. 2006-07) 4 HOWEVER REFERRED TO THE PROVISIONS OF EXPLANATION- 5 TO SECTION 271(1)(C) OF THE ACT WHICH READS AS FOLLOWS: EXPLANATION 5.--WHERE IN THE COURSE OF A SEARCH UN DER SECTION 132 THE ASSESSEE IS FOUND TO BE THE OWNER OF ANY MONEY BULLION JEWELLERY OR OTHER VALUABLE ARTICLE OR THING (HEREAFTER IN TH IS EXPLANATION REFERRED TO AS ASSETS) AND THE ASSESSEE CLAIMS THAT SUCH ASS ETS HAVE BEEN ACQUIRED BY HIM BY UTILISING (WHOLLY OR IN PART) HI S INCOME -- (A) FOR ANY PREVIOUS YEAR WHICH HAS ENDED BEFORE TH E DATE OF THE SEARCH BUT THE RETURN OF INCOME FOR SUCH YEAR HAS NOT BEEN FURNISHED BEFORE THE SAID DATE OR WHERE SUCH RETURN HAS BEEN FURNISHED BEFORE THE SAID DATE SUCH INCOME HAS NOT BEEN DECLARED TH EREIN ; OR (B) FOR ANY PREVIOUS YEAR WHICH IS TO END ON OR AFT ER THE DATE OF THE SEARCH THEN NOTWITHSTANDING THAT SUCH INCOME IS D ECLARED BY HIM IN ANY RETURN OF INCOME FURNISHED ON OR AFTER THE DATE OF THE SEARCH HE SHALL FOR THE PURPOSES OF IMPOSITION OF A PENALTY UNDER CLAUSE (C) OF SUB-SECTION (1) OF THIS SECTION BE DEEMED TO HAVE CONCEALED THE PARTICULARS OF HIS INCOME OR FURNISHED INACCURATE P ARTICULARS OF SUCH INCOME *UNLESS -- (1) SUCH INCOME IS OR THE TRANSACTIONS RESULTING I N SUCH INCOME ARE RECORDED -- (I) IN A CASE FALLING UNDER CLAUSE (A) BEFORE THE DATE OF THE SEARCH ; AND (II) IN A CASE FALLING UNDER CLAUSE (B) ON OR B EFORE SUCH DATE IN THE BOOKS OF ACCOUNT IF ANY MAINTAINED BY HIM FOR ANY SOURCE OF INCOME OR SUCH INCOME IS OTHERWISE DISCLOSED TO THE COMMISSIONER BEFORE THE SAID DATE ; OR (2) HE IN THE COURSE OF THE SEARCH MAKES A STATEM ENT UNDER SUB- SECTION (4) OF SECTION 132 THAT ANY MONEY BULLION JEWELLERY OR OTHER VALUABLE ARTICLE OR THING FOUND IN HIS POSSESSION O R UNDER HIS CONTROL HAS BEEN ACQUIRED OUT OF HIS INCOME WHICH HAS NOT B EEN DISCLOSED SO FAR IN HIS RETURN OF INCOME TO BE FURNISHED BEFORE THE EXPIRY OF TIME SPECIFIED IN CLAUSE (A) OR CLAUSE (B) OF SUB-SECTIO N (1) OF SECTION 139 AND ALSO SPECIFIES IN THE STATEMENT THE MANNER IN W HICH SUCH INCOME HAS BEEN DERIVED AND PAYS THE TAX TOGETHER WITH IN TEREST IF ANY IN RESPECT OF SUCH INCOME. *NOTE: TL (AMEND. & MISC. PROVISIONS) ACT 1986 WE F 10-9-86. ITA NO.2801&2802/MUM/2010(A.Y. 2006-07) 5 7. THE AO THEREAFTER REFERRED LEGISLATIVE INTENTI ON BEHIND THE ENACTMENT OF EXPLANATION-5 BY TAXATION LAWS (AMENDMENT) ACT 1984 W.E.F. 1/10/1984. PRIOR TO THE INSERTION OF EXPLN. 5 TO SECTION 2 71 BY THE TAXATION LAWS (AMENDMENT) ACT 1984 W.E.F. 1ST OCT: 1984 AN ASSESSEE WHO IS FOUND TO BE THE OWNER OF ANY MONEY BULLION JEW ELLERY ETC. RECOVERED DURING THE COURSE OF SEARCH WAS ENTITLED TO EXPLAIN THAT SUCH ASSETS WERE ACQUIRED BY HIM BY UTILIZING HIS I NCOME RELATING TO ANY PREVIOUS YEAR WHETHER IT ENDED BEFORE THE DATE OF THE SEARCH OR IS TO END ON OR BEFORE THE DATE OF THE SEARCH. BY DOIN G SO THE ASSESSEE COULD HAVE ESCAPED THE LIABILITY OF PENALTY UNDER S ECTION 271(1)( C). IN ORDER TO PLUG THE AFORESAID LOOPHOLE EXPLN. 5 H AS BEEN INSERTED BY THE TAXATION LAWS (AMENDMENT) ACT 1984 W.E.F. .1S T OCTOBER 1984. THE NEWLY INSERTED EXPLANATION 5 ENACTS A DEEMING PROVISION AND HAS APPLICATION TO A SITUATION WHERE IN THE COURSE OF A SEARCH UNDER SECTION 132 THE ASSESSEE IS FOUND TO BE THE OWNER OF ANY MONEY BULLION JEWELLERY OR OTHER VALUABLE ARTICLES OR TH INGS (ASSETS FOR SHORT) AND THE ASSESSEE CLAIMS THAT SUCH ASSETS HAVE BEEN ACQUIRED BY HIM BY UTILIZING WHOLLY OR IN PART HIS INCOME FOR ANY PREVIOUS YEAR WHICH HAS ALREADY ENDED BEFORE THE DATE OF THE SEARCH OR WHICH IS TO END ON OR AFTER THE DATE OF THE SEARCH. IN SUCH A SITUATIO N NOTWITHSTANDING THE FACT THAT SUCH INCOME IS DECLARED BY HIM ANY RE TURN OF INCOME FURNISHED ON OR AFTER THE DATE OF THE SEARCH HE F OR THE PURPOSES OF SECTION 271(1)(C) IS DEEMED TO HAVE CONCEALED THE PARTICULARS OF HIS INCOME OR FURNISHED INACCURATE PARTICULARS OF SUCH INCOME EXCEPT IN CASE WHERE SUCH INCOME OR THE TRANSACTION RESULTIN G IN SUCH INCOME IS RECORDED ON OR BEFO.RE- THE DATE OF THE SEARCH I N THE BOOKS OF ACCOUNT IF ANY MAINTAINED BY HIM FOR- ANY SOURCE OF INCOME OR SUCH INCOME IS OTHERWISE DISCLOSED TO THE CIT BEFORE THE DATE OF THE SEARCH. IN OTHER WORDS AS PER EXISTING SUB-CL. (1) OF EXP LN. 5 TO SECTION 271(1)(C) OF THE ACT WITH WHICH WE ARE CONCERNED IF AT THE TIME OF SEARCH ASSETS WHICH WERE NOT RECORDED IN THE BOOKS OF ACCOUNT ARE FOUND A TAXPAYER IS LIABLE TO PENALTY FOR CONCEALM ENT EVEN IF HE DECLARES THE FULL VALUE OF THOSE ASSETS AS HIS INCO ME IN THE RETURN FILED AFTER THE SEARCH. THIS PROVISION IS FOUND TO OPERAT E EVEN IN CASES WHERE THE ASSESSEE HAS NO INTENTION TO FABRICATE ANY EIDE NCE AND HE INCLUDES IN HIS RETURN THE INCOME OUT OF WHICH SUCH ASSETS H AVE BEEN ACQUIRED. IT HAS ALSO BEEN PROVIDED THAT IF AN ASSESSEE IN SU CH CASE MAKES A STATEMENT DURING THE COURSE OF SEARCH ADMITTING THA T THE ASSETS FOUND AT HIS PREMISES OR UNDER HIS CONTROL HAD BEEN ACQUI RED OUT OF HIS INCOME WHICH HAVE NOT BEEN DISCLOSED SO FAR IN HIS RETURN OF INCOME TO ITA NO.2801&2802/MUM/2010(A.Y. 2006-07) 6 BE FURNISHED BEFORE THE EXPIRY OF THE TIME PRESCRIB ED IN CL. (A) OR (B) OF SECTION 139(1) AND SPECIFIES IN THE STATEMENT THE M ANNER IN WHICH SUCH INCOME HAS BEEN DERIVED AND PAYS THE TAXES THA T ARE DUE THEREON NO PENALTY SHALL BE LEVIABLE. 8. ACCORDING TO THE AO NEITHER OF THE TWO CONDITIO NS MENTIONED IN CLAUSE (A) OR (B) WERE SATISFIED IN THE CASE OF THE ASSESSEE. THE AO ALSO HELD THAT THE ASSESSEE DID NOT DESCRIBE THE MANNER IN WHICH THE U NDISCLOSED INCOME WAS DERIVED AND THEREFORE THE OTHER EXCEPTION CONTEMPL ATED IN EXPLANATION-5 WAS ALSO NOT APPLICABLE. FOR THE REASONS GIVEN ABO VE THE AO HELD THAT THE ASSESSEE WAS LIABLE TO PENALTY UNDER SECTION 271(1) (C) OF THE ACT NOTWITHSTANDING THE FACT THAT HE HAD DECLARED UNDIS CLOSED INCOME IN THE RETURN OF INCOME FILED. 9. ON APPEAL BY THE ASSESSES IT WAS SUBMITTED THAT WHILE RECORDING STATEMENT U/S.132(4) OF THE ACT NO OPPORTUNITY WAS GIVEN TO THE ASSESSEE TO EXPLAIN THE MANNER IN WHICH THE ADDITION INCOME WAS DERIVED. IT WAS ALSO BROUGHT TO THE NOTICE OF THE CIT(A) THAT THE OTHER CONDITIONS VIZ. PAYMENT OF TAXES IN RESPECT OF THE INCOME DECLARED WAS DULY MA DE AND THEREFORE THE CONDITIONS MENTIONED FOR GETTING IMMUNITY FROM PENA LTY WAS DULY COMPLIED BY THE ASSESSEE. 10. THE CIT(A) HELD AS FOLLOWS: 7. DURING THE COURSE OF RECORDING STATEMENT U/S. 132(4) DURING THE SEARCH PROCEEDINGS MR. MINESH D. SHAH WHO IS THE MAIN PERSON OF THE GROUP HAD ALREADY DECLARED AN AMOUNT OF RS. 3 CRORES AS ADDITIONAL INCOME OF THE GROUP. IT WAS ALSO STATED THAT HE IS OFFERING THIS SUM TO COVER ANY DISCREPANCY IN THE BOOKS WHIC H COULD BE TRACED LATER. HE HAD ALSO FURNISHED A STATEMENT THAT HE I S MAKING THIS DECLARATION U/S. 132 (4) TO BUY PEACE OF MIND AND A VOID LITIGATION. AS REGARDS PAYMENT OF TAX THE ASSESSEE HAD ALREADY R EQUESTED THE DEPARTMENT TO APPROPRIATE THE SEIZED CASH AGAINST T AX LIABILITY. THIS REQUEST IS IN THE LINE WITH THE FOLLOWING DECISIONS 1) CIT VS. KESR ITA NO.2801&2802/MUM/2010(A.Y. 2006-07) 7 KIMAN KARYALAYA (2005) 2768 ITR 596 (DEL) AND SUDHA KAR M. SHETTY VS. ACIT (2008) 10 DTR 172 (MUMBAI) (TRIB). THE DE CLARATION MADE BY MR. MINESH D. SHAH INCLUDES THE SUM OF RS. 13.50 LA CS SHOWN AS ADDITIONAL INCOME BY THE APPELLANT AND THE APPELLAN T HAS ALSO OFFERED THIS INCOME AS HIS ADDITIONAL INCOME IN HIS RETURN OF INCOME FILED IN RESPONSE TO NOTICE U/S. 153A. HENCE THE APPELLANT IS COVERED BY THE EXCEPTIONS PROVIDED U/S. 271(1)(C) EXPLANATION 5. 11. THE CIT(A) WAS OF THE VIEW THAT THE ASSESSES H AD COMPLIED WITH THE REQUIREMENTS OF EXPLANATION 5 TO SECTION 271(1) (C) OF THE ACT AND HENCE NO PENALTY COULD BE LEVIED. SIMILAR ORDER WAS PASSED BY THE CIT(A) IN THE CASE OF MR. RUSHABH J. SHAH. 12. AGGRIEVED BY THE ORDER OF THE CIT(A) THE REVENU E HAS PREFERRED THE PRESENT APPEALS BEFORE THE TRIBUNAL. 13. WE HAVE HEARD THE SUBMISSIONS OF LD. D.R WHO R EITERATED THE STAND OF THE AO AS REFLECTED IN THE ORDER IMPOSING PENALTY. THE LD. COUNSEL FOR THE ASSESSEE REITERATED THE STAND OF THE ASSESSES AS PU T FORTH BEFORE THE CIT(A). WE ARE OF THE VIEW THAT THE ORDER OF THE CIT(A) DOE S NOT CALL FOR ANY INTERFERENCE. THERE IS NO DISPUTE THAT THE INCOME IN QUESTION HAS BEEN SURRENDERED IN THE STATEMENT RECORDED IN THE COURSE OF SEARCH UNDER SECTION 132(4) OF THE ACT. ADMITTEDLY IN THE STATEMENT SO RECORDED THE MANNER IN WHICH THE ASSESSEE ACQUIRED INCOME WAS NOT SPECIFIC ALLY REQUIRED TO BE EXPLAINED. IN CIT VS. MAHENDRA C.SHAH 299 ITR 305 (GUJ) THE HONBLE GUJARAT HIGH COURT HAD AN OCCASION TO DEAL WITH IMP OSITION OF PENALTY IN THE CONTEXT OF EXPLN.5 TO SEC.271(1)(C) OF THE ACT. TH E HONBLE COURT HELD THAT IF THE OTHER CONDITIONS MENTIONED IN THE SECOND EXCEPT ION IN EXPLN.5 TO SEC.271(1)(C) ARE SATISFIED THEN THE NON MENTIONING OF THE MANNER IN WHICH THE INCOME SURRENDERED WAS EARNED IS NOT FATAL TO T HE CLAIM FOR IMMUNITY FROM IMPOSING PENALTY. IT HAS ALSO BEEN EXPLAINED IN THE STATEMENT UNDER ITA NO.2801&2802/MUM/2010(A.Y. 2006-07) 8 SECTION 132(4) OF THE ACT THAT THE DECLARATION IS T O BE MADE TO BUY PEACE OF MIND AND AVOID LITIGATION. BOTH THE ASSESSEE HAS D ULY PAID TAX AND INTEREST IN RESPECT OF THE INCOME DECLARED. THUS ALL THE CO NDITIONS CONTEMPLATED UNDER CLAUSE (2) OF EXPLANATION-5 OF SECTION 271(1) (C) OF THE ACT ARE DULY COMPLIED WITH. THUS THE CIT(A) HAS RIGHTLY HELD TH AT THE ASSESSEE WAS ENTITLED TO THE IMMUNITY UNDER EXPLANATION-5 TO SEC TION 271(1)(C) OF THE ACT. WE DO NOT FIND ANY GROUND TO INTERFERE WITH THE ORD ER OF THE CIT(A). CONSEQUENTLY BOTH THESE APPEALS BY THE REVENUE ARE DISMISSED. 14. IN THE RESULT BOTH THE APPEALS BY THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON TH E 23 RD DAY OF SEPT. 2011. SD/- SD/- (T.R.SOOD ) (N.V.VASUDEVAN) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI DATED. 23RD SEPT.2011 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3 . THE CIT CITY CONCERNED 4. THE CIT(A)- CONCERNED 5. THE D.RD BENCH. (TRUE COPY) BY ORDER ASST. REGISTRAR I TAT MUMBAI BENCHES MUMBAI. VM. ITA NO.2801&2802/MUM/2010(A.Y. 2006-07) 9 DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON 20/9/11 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 21/9/11 SR.PS/PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS/PS 7. FILE SENT TO THE BENCH CLERK SR.PS/PS 8 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER