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

Experion Hospitality Pvt. Ltd. F-9, First Floor, Manish Plaza 1, Plot No. 7, M. L. U, Sector-10, Dwarka Delhi Vs. ACIT Circle-8(2) New Delhi
January, 22nd 2021

1 ITA No. 3494/Del/2017

IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH: ‘B’ NEW DELHI

BEFORE SHRI N. K. BILLAIYA, ACCOUNTANT MEMBER
AND

MS SUCHITRA KAMBLE, JUDICIAL MEMBER

I.T.A. No.3494/Del/2017 (A.Y 2012-13)

(THROUGH VIDEO CONFERENCING)

Experion Hospitality Pvt. Ltd. Vs ACIT

F-9, First Floor, Circle-8(2)

Manish Plaza 1, Plot No. 7, M. L. New Delhi

U, Sector-10, Dwarka

Delhi- 110 075

AACCG5418P

(APPELLANT) (RESPONDENT)

Appellant by Sh. Vibhu Gupta, CA
Respondent by Sh. K. A. Manu, Sr. DR

Date of Hearing 21.01.2021

Date of Pronouncement 21.01.2021

ORDER


PER SUCHITRA KAMBLE, JM

This appeal is filed by the assessee against order dated 21/03/2017
passed by CIT(A)-3, New Delhi For Assessment Year 2012-13.

2. Before us, the Ld. AR submitted that the assessee has moved an
application to resolve the pending issue through Direct Tax “Vivad se Vishwash
Scheme” (VSV) Act, 2020, and has filed Declaration Form No. 1 & 2.

3. In view of the aforesaid facts and after considering the submissions of
the assessee, we dismiss the appeal of assessee as withdrawn subject to a
caveat that in case the dispute relating to tax arrears for the captioned
2 ITA No. 3494/Del/2017

assessment year is not ultimately resolved in terms of the aforesaid Act, the
assessee shall be at liberty to approach the Tribunal for reinstitution of the
appeal and the Tribunal shall consider the same. The appeal of the assessee is
dismissed as withdrawn.

4. In the result, the appeal of the assessee is dismissed.

Order is pronounced in the open court in presence of both the parties on
this 21st Day of January, 2021.

Sd/- Sd/-
(N. K. BILLAIYA) (SUCHITRA KAMBLE)
ACCOUNTANT MEMBER
JUDICIAL MEMBER

Dated: 21/01/2021
R. Naheed *

Copy forwarded to:

1. Appellant
2. Respondent
3. CIT
4. CIT(Appeals)
5. DR: ITAT

ASSISTANT REGISTRAR
ITAT NEW DELHI

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