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

Deputy Commissioner of Income Tax, Income Tax, come Tax, Central Circle- Central Circle-1, New Delhi. New Delhi. Vs. M/s Sankalp Agencies Pvt.Ltd., B-4, Vikas Apartments, 4, Vikas Apartments, 4, Vikas Apartments, 34/1, East Punjabi Bagh, 34/1, East Punjabi Bagh, New Delhi.
October, 06th 2015
               IN THE INCOME TAX APPELLATE TRIBUNAL
                                `G' : NEW DELHI
                    DELHI BENCH `G

                             GUPTA, VICE PRESIDENT AND
            BEFORE SHRI G.C. GUPTA,
                             KANT, ACCOUNTANT MEMBER
            SHRI OM PRAKASH KANT,

                       Nos.5738/Del/2013 & 5739/Del/2013
                   ITA Nos
                               Years : 2009-
                    Assessment Years             2010-11
                                       2009-10 & 2010-


Deputy Commissioner of           Vs.    M/s Sankalp Agencies Pvt.Ltd.,
Income
Income Tax,                             B-4, Vikas Apartments,
        Circle-1,
Central Circle-                         34/1, East Punjabi Bagh,
New Delhi.                              New Delhi.
                                        PAN : AABCS1612G.
     (Appellant)                            (Respondent)

             Appellant by         :    Shri Sujit Kumar, Senior DR.
             Respondent by        :    Shri A.K. Jain, CA.

      Date of hearing             :    30.09.2015
      Date of pronouncement       :    05.10.2015

                                  ORDER

         GUPTA, VP :
PER G.C. GUPTA,
      These two appeals by the Revenue for the assessment years
2009-10 & 2010-11 are directed against the order of learned CIT(A)-III,
New Delhi dated 14th August, 2013 and 16th August, 2013. These are
being disposed of with this consolidated order.







2.    At the outset, learned counsel for the assessee submitted that
the disputed tax effect in the present appeals of the Revenue is less
than `3 lakhs each, the monetary limit fixed by the CBDT for preferring
an appeal by the Department to the Tribunal. Learned DR could not
controvert the submission of the learned counsel for the assessee.


3.    We have considered the rival submissions and have perused the
order of the Assessing Officer and learned CIT(A).        We find that the
                                   2                   ITA-5738 & 5739/D/2013



disputed tax amount in each of these two appeals filed by the Revenue
being less than `3 lakhs, the monetary limit laid down by the CBDT for
preferring an appeal to the Tribunal by the Department, the present
appeals filed by the Revenue are not maintainable and, accordingly,
are dismissed.







4.    In the result, both the appeals of the Revenue are dismissed.
      Decision pronounced in the open Court on 5th October, 2015.


                  Sd/-                               Sd/-
                   KANT)
       (OM PRAKASH KANT)                       (G.C. GUPTA)
                                               (G.C. GUPTA)
      ACCOUNTANT MEMBER                       VICE PRESIDENT

VK.

Copy forwarded to: -

1.    Appellant  : Deputy Commissioner of Income Tax,
                           Circle-1, New Delhi.
                   Central Circle-
2.    Respondent : M/s Sankalp Agencies Pvt.Ltd.,
                   B-4, Vikas Apartments,
                   34/1, East Punjabi Bagh, New Delhi.

3.    CIT
4.    CIT(A)
5.    DR, ITAT

                             Assistant Registrar

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