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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

M/s Commy Commercial Co., Biswa Nath Kedia, Authorised Representative, 201, Sector-7, Faridabad. Haryana. vs. ITO Ward 1(2), Faridabad.
November, 21st 2018
                 IN THE INCOME TAX APPELLATE TRIBUNAL
                      DELHI BENCH: `SMC' NEW DELHI

             BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER

                         I.T.A .No.-4540/Del/2018
                       (ASSESSMENT YEAR-2010-11)

           M/s Commy Commercial Co., vs         ITO
           Biswa Nath Kedia,                    Ward 1(2),
           Authorised Representative,           Faridabad.
           201, Sector-7, Faridabad.
           Haryana.
           PAN No. AAFFC6046F                   (RESPONDENT)
              Appellant by         None
              Respondent by        Shri S.L.   Anuragi, Sr. DR

                      Date of Hearing              20/11/2018
                   Date of Pronouncement           20/11/2018

                                      ORDER

     This appeal filed by the Assessee is directed against the Order
dated 26.04.2018 of the Ld. CIT(A), Faridabad relevant to assessment
year 2010-11.
2.   In this case the Notice was sent to the assessee for hearing for
today i.e. 20.11.2018 at the address mentioned in Form No. 36 vide
Column No. 10.
3. On 20.11.2018, neither the assessee nor his Authorised Representative attended the hearing and also not filed any Application for adjournment or nor filed the fresh address before the Tribunal, hence, I am of the view that no useful purpose would be served to serve the notice again and again on the same address. In view of above, it is thus inferred that the assessee is not interested in prosecution of his Appeal. ITA Nos. 4540/D/2018 2 A.Y. 2010-11 Commy Commercial Co. 4. Having regard to Rule 19(2) of the 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), I treat this appeal as unadmitted and dismiss the same. I would like 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. In the result, the Appeal of the assessee is dismissed in limine. Order pronounced on 20.11.2018. Sd/- (H.S. SIDHU) JUDICIAL MEMBER Dated: 20/11/2018 *Kavita Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI ITA Nos. 4540/D/2018 3 A.Y. 2010-11 Commy Commercial Co. Date 1. Draft dictated on 20.11.2018 2. Draft placed before author 20.11.2018 3. Draft proposed & placed before the 20.11.2018 second member 4. Draft discussed/approved by Second 20.11.2018 Member. 5. Approved Draft comes to the 20.11.2018 Sr.PS/PS 6. Order Pronounced and Uploaded 20.11.2018 7. File sent to the Bench Clerk 20.11.2018 8. Date on which file goes to the AR 9. Date on which file goes to the Head Clerk. 10. Date of dispatch of Order.
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