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

Delphi Automotive Systems (P) Ltd. B-92, Himalaya House, 23 Kasturba Gandhi Marg, New Delhi. vs. DCIT Circle 7(1) New Delhi.
January, 11th 2019
         IN THE INCOME TAX APPELLATE TRIBUNAL
              DELHI BENCH: `I-2' NEW DELHI

      BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER
                            &
       SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER

              Stay Application No. 12/Del/2019
                   (ITA No. 1361/Del/2015)
                 (Assessment Year: 2010-11)

Delphi Automotive Systems (P) Ltd.             vs    DCIT
B-92, Himalaya House, 23 Kasturba Gandhi             Circle 7(1)
Marg, New Delhi.                                     New Delhi.
AAACD0226E
APPELLANT                                            RESPONDENT

        Assessee by          Sh. Neeraj Jain, Adv.
                             Sh. Abhishek Agarwal, Adv.
        Revenue by           Ms. Nimita Pandey, Sr. DR

               Date of Hearing          11.01.2019
            Date of Pronouncement       11.01.2019

                               ORDER

PER SHRI BHAVNESH SAINI, J.M.

     We have heard Ld. Representatives of both the parties. In

this case the stay against outstanding demand was lastly extended

vide order dated 20/04/2018.







2.   According to the Ld. Counsel for assessee the conditions of

the stay have already been complied with by the assessee. There
                                  2
                                           Stay Application No. 12/Del/2019



is no delay, attributable to the assessee for disposal of the appeal.

We, therefore, extend the stay for a further period of six months or

disposal of the appeal, whichever may expire earlier, subject to the

same terms. Stay application is allowed. Copy be given to both

the parties.







Order pronounced in the open court.

              Sd/-                            Sd/-
  (PRASHANT MAHARISHI)                  (BHAVNESH SAINI)
   ACCOUNTANT MEMBER                    JUDICIAL MEMBER
Dated: .01.2019
*Kavita Arora

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

                                         ASSISTANT REGISTRAR
                                              ITAT NEW DELHI
                                              3
                                                          Stay Application No. 12/Del/2019




Date of dictation                                                    11.01.19
Date on which the typed draft is placed before the dictating         11.01.19
Member
Date on which the typed draft is placed before the Other Member
Date on which the approved draft comes to the Sr. PS/PS              11/01
Date on which the fair order is placed before the Dictating Member   11/01
for pronouncement
Date on which the fair order comes back to the Sr. PS/PS             11/01
Date on which the final order is uploaded on the website of ITAT     11/01
Date on which the file goes to the Bench Clerk                       11/01
Date on which the file goes to the Head Clerk
The date on which the file goes to the Assistant Registrar for
signature on the order
Date of dispatch of the Order

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