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

Mirkana Engineering P Ltd., A-19, Mcie, Mathura Road, New Delhi 44 Vs. Ncome Tax Officer, Ward 6(2), New Delhi
November, 24th 2015
                                                                  ITA NO.6307/Del/2012


                 IN THE INCOME TAX APPELLATE TRIBUNAL
                      DELHI BENCH "E", NEW DELHI
                BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER
                                     AND
          SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER
                           I.T.A. No. 6307/DEL/2012
                                A.Y. : 2009-2010
MIRKANA ENGINEERING P LTD.,                 vs.   Income Tax Officer,
A-19, MCIE, MATHURA ROAD,                         Ward 6(2),
NEW DELHI ­ 44                                    New Delhi
(PAN: AACCMM5513F)
(APPELLANT)                                       (RESPONDENT)

            Assessee by                 :     None
          Department by                 :     Sh. P. Dam Kanunjna, Sr. DR


                                           23.11.201
                          Date of Hearing: 23.  .2015
                                              11.2015

                                          23.11.201
                          Date of Order : 23.  .2015
                                             11.2015



                                      ORDER
PER H.S. SIDHU : JM

      This
      This appeal by the Assessee is directed against the Order dated
03.  2012 passed by the Ld. Commissioner
03.9.201                                             of Income Tax
(Appeals)-IX, New Delhi for the asstt. year 200
(Appeals)-                                  2009-10.






2.   In this case the Notice was sent to the Assessee for hearing by
                              23.11
Regd. AD Post for today i.e. 23.1   .2015 at the address mentioned in
                                 .11.2015
                             10.
Form No. 36 vide Column No. 10.

3.         23.11
      On 23.1    .2015, neither the assessee nor its authorised
             .11.2015
                             hearing and also not filed any application
representative attended the hearing
for adjournment It is thus inferred that the assessee is not interested in
prosecution of its appeal.

4.    Having regard to Rule 19(2) of ITAT Rules and following various
decisions of Delhi Bench of the Tribunal including that of Multiplan India







                                       1
                                                          ITA NO.6307/Del/2012


Ltd. : 38 ITD 320 (Delhi) and Hon'ble Madhya Pradesh High Court's
                                                CWT; 223 ITR 480 (MP),
decision in Estate of Late Tukojirao Holkar vs. CWT;
          this appeal as unadmitted and dismiss the same. We may like
we treat this
to clarify that subsequently if the assessee explains the reasons for non
appearance and if the Bench is so satisfied, the matter may be recalled
for the purpose of adjudication of the appeal.

5.                      Appeal of the assessee is dismissed in limine.
       As a result, the Appeal

6.                                           23.11.2015
       Order pronounced in the Open Court on 23.  .2015.
                                                11.2015.


                   Sd/-                                     Sd/-
               MAHARISHI]
     [PRASHANT MAHARISHI]                                  SIDHU]
                                                     [H.S. SIDHU]
      ACCOUNTANT MEMBER                         JUDICIAL MEMBER

"SRBHATNAGAR"



Date: 23.11.2015

Copy forwarded to: -
1.     Appellant -
2.     Respondent -
3.     CIT
4.     CIT (A)
5.     DR, ITAT
                              TRUE COPY

                                                      By Order,




                                                         Assistant Registrar,
                                                         ITAT, Delhi Benches




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