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 Income Tax Addition Made Towards Unsubstantiated Share Capital Is Eligible For Section 80-IC Deduction: Delhi High Court

Shri Vinod Kumar Arora,75-A, Kamla Nagar,Hisar., Vs. ITO, Ward 4,Hisar.
October, 04th 2012
                IN THE INCOME TAX APPELLATE TRIBUNAL
                     (DELHI BENCH `H' : NEW DELHI)
              BEFORE SHRI U.B.S. BEDI, JUDICIAL MEMBER AND
               SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER

                                     ITA No.4195/Del./2011
                                 (Assessment Year : 2006-07)

Shri Vinod Kumar Arora,                       Vs.             ITO, Ward 4,
75-A, Kamla Nagar,                                            Hisar.
Hisar.
(PAN/GIR No.AGFPA4931R)

(Appellant)                                                   (Respondent)

                             Assessee by : None
                        Revenue by : Ms. Shumana Sen, Sr.DR







                                       ORDER


PER U.B.S. BEDI, J.M.


       This appeal of the assessee emanates from the order of the CIT (A), Rohtak, dated
12.07.2011, relevant to assessment year 2006-07.


2.     A defect notice      ticking at Serial No.7 asking for "form No.35/Grounds of
Appeal/Statement of the facts before the CIT(A)/DY.CIT, not filed in duplicate" was
served on the assessee to make available the same within ten days from the date of the
receipt, but the assessee did not respond. On 01.10.2012, none appeared on behalf of the
assessee nor any application for adjournment has been received at the time of hearing of
the appeal. Earlier on 23.05.2012 also, assessee was not present at the time of hearing of
the appeal as well. Thus, it is inferred that the assessee is not interested in prosecution of
the present appeal.
3.     Having regard to Rule 19(2) of ITAT Rules, 1963 and following various decisions
of the Tribunal including in the case of CIT vs. Multiplan India (P) Ltd., reported in 38
ITD 320 (Del.) and the judgment of Hon'ble Madhya Pradesh High Court in the case of
                                             2                   I.T.A. No.4195/Del./2011





                                                                          (A.Y. : 2006-07)
Estate of late Tukojirao Holkar vs. CWT, 223 I.T.R. 480 (MP), we treat the appeal of the
assessee as unadmitted and dismiss the same.
4.     As a result, the appeal filed by the assessee is dismissed for want of prosecution.


       Order pronounced in open court soon after the conclusion of the hearing on
01.10.2012.



           Sd/-                                                      Sd/-
      (SHAMIM YAHYA)                                              (U.B.S. BEDI)
 ACCOUNTANT MEMBER                                              JUDICIAL MEMBER
Dated : Oct. 01, 2012
SKB
Copy of the order forwarded to:-
   1. Appellant
   2. Respondent
   3. CIT
   4. CIT(A), Rohtak.
   5. CIT(ITAT)                                              Deputy Registrar, ITAT
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