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 Attachment on Cash Credit of Assessee under GST Act: Delhi HC directs Bank to Comply Instructions to Vacate
 Income Tax Addition Made Towards Unsubstantiated Share Capital Is Eligible For Section 80-IC Deduction: Delhi High Court

Suman Kishore C-6/467, Yamuna Vihar, Delhi 110 053 vs. ITO, Ward 34(4), New Delhi.
October, 22nd 2018
                 INCOME TAX APPELLATE TRIBUNAL
                   DELHI BENCH "G": NEW DELHI

      BEFORE    SHRI BHAVNESH SAINI, JUDICIAL MEMBER
                             AND
         SHRI L.P. SAHU, ACCOUNTANT MEMBER

                        ITA No.:-1892/Del/2016
                       Assessment Year: 2009-10


Suman Kishore                                 ITO,
C-6/467, Yamuna Vihar,                        Ward 34(4),
Delhi 110 053                          Vs.    New Delhi.
PAN AAJPK1919R
(Appellant)                                   (Respondent)


        Assessee by:          None
        Department by :       Shri Ved Prakash Mishra, Sr. DR
        Date of Hearing           18/10/2018
        Date of                  18/10/2018
        pronouncement


                              ORDER

PER L.P. SAHU, A.M.


     This is an appeal filed by the assessee against the order of Ld. CIT(A)-

XXVII New Delhi    vide order dated 21.10.2013     pertaining to assessment

year 2009-10.


2.   In this case notice was sent to the assessee for hearing by Regd. AD

Post for 18.10.2018 at the address mentioned in Form No. 36 vide Colmun

No. 10 wherein the assessee is required to indicate the address at which

notices are be sent.
3.      However, at the time of hearing no one was present on behalf of the

assessee. The appeal was passed over. Despite the same, in the second

round also no one was present.







3.      A perusal of the record shows that the date of hearing was intimated

to the assessee. Despite the same neither anyone was present nor any

request for adjournment was received. From the above it is evident that the

assessee is not interested in the prosecution of appeal.


4.      Considering the facts and keeping in view the provisions of Order V

Rule 19A of the Income-tax Appellate Tribunal Rules, as were considered in

the cases of CIT vs. Multiplan (India) Pvt. Ltd., 38 ITD 320 (Del); and Late

Tukoji Rao Holkar, 223 ITR 480 (MP), we dismiss this appeal filed by the

assessee. The assessee, if so advised, shall be free to move this Tribunal

praying for recalling of this order and explaining the reasons for non-

compliance etc. and if the Bench is so satisfied about the reasons etc., then

this order shall be recalled.

5.      In the result appeal of the assessee is dismissed in limine.







        This decision was pronounced in the Open Court on 18th October,
2018.


     sd/-                                                    sd/-

 (BHAVNESH SAINI)                                        (L.P. SAHU)
JUDICIAL MEMBER                                      ACCOUNTANT MEMBER


Dated:       18/10/2018
Veena
Copy forwarded to

                                         2
1.   Applicant
2.   Respondent
3.   CIT
4.   CIT (A)
5.   DR:ITAT
                      ASSISTANT REGISTRAR
                           ITAT, New Delhi




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