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

Sona Overseas, C/o Manmohan Malhotra, 245, Rajouri Apts., Opp. Goi Press, Rajouri Garden, New Delhi - 110 064 Vs. Ito, Ward 33(2), 1602, 16th Floor, E-2, Block, Dr. Sp Mukherjee Marg, Civic Centre, New Delhi 2
November, 05th 2015
                                                              ITA NO.3008/Del/2014


                IN THE INCOME TAX APPELLATE TRIBUNAL
                  DELHI BENCH "SMC-2", NEW DELHI
               BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER
                           I.T.A. No. 3008/DEL/2014
                                 A.Y. : 2008-09
SONA OVERSEAS,                        VS.      ITO, WARD 33(2),
C/O MANMOHAN MALHOTRA,                         1602, 16TH FLOOR,
245, RAJOURI APTS.,                            E-2, BLOCK, DR. SP MUKHERJEE
OPP. GOI PRESS,                                MARG, CIVIC CENTRE,
                                               NEW DELHI ­ 2
RAJOURI GARDEN,
NEW DELHI - 110 064
(PAN:AACFS6120M)
(APPELLANT)                                    (RESPONDENT)

           Assessee by                  :   None
          Department by                 :   Ms. Garima Jain, Sr. DR.


                                                .2015
                          Date of Hearing: 04.11.2015

                                               .2015
                          Date of Order : 04.11.2015

                                      ORDER
      This appeal by the
      This                  Assessee is directed against the Order dated
14.  2014 passed by
14.3.201                     the Ld. Commissioner of Income Tax
(Appeals)- 19, New Delhi
(Appeals)-19,                                   2008-09.
                            for the asstt. year 200

2.                                            12.6.2015 and adjourned to
       The present case was earlier fixed for 12.
02.7.2015. On 2.7.2015 on the written request of the assessee's
counsel, the case was adjourned 28.7.2015. On 28.7.2015, again on the
written request of the assessee's counsel the case was further adjourned
                        19.8.2015 the Bench was not functioning and the
for 19.8.2015, but on 19.8.2015
case adjourned for 4.11.2015 by issuing RPAD Notice to both the parties. On 4.11.2015, neither the assessee nor its authorised representative appeared before the Bench and also no adjournment application was filed. led. I have perused the records and found that the Assessee has not filed given any fresh address for correspondence. In my considered opinion, no useful purpose would be served to issue notice again and again on the same address. It is thus inferred that the assessee is not interested in prosecution of its appeal. 1 ITA NO.3008/Del/2014 3. Having regard to Rule 19(2) of ITAT Rules and following various decisions of Delhi Bench of the Tribunal including that of Multiplan India Ltd. : 38 ITD 320 (Delhi) and Hon'ble Madhya Pradesh High Court's decision in Estate of Late Tukojirao Holkar vs. CWT; 223 ITR 480 (MP), this appeal as unadmitted and dismiss the same. I would like to I treat this 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. 4. Appeal of the assessee is dismissed in limine. As a result, the Appeal .2015. Order pronounced in the Open Court on 04.11.2015. Sd/- SIDHU] [H.S. SIDHU] JUDICIAL MEMBER BHATNAGAR" "SR BHATNAGAR" Date: 04.11.2015 Copy forwarded to: - 1. Appellant - 2. Respondent - 3. CIT 4. CIT (A) 5. DR, ITAT TRUE COPY By Order, Assistant Registrar, ITAT, Delhi Benches 2 ITA NO.3008/Del/2014 3
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