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

Intas Pharmaceuticals Ltd. 203, Chinubhai Centre Ashram Road Ahmedabad 380 009. PAN : AAACI 5120 L Vs. DCIT, Cent.Cir.2(1) Ahmedabad.
March, 11th 2014
              ,         ,  Û ``A'',  
          IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD,
                               "A" BENCH

           ..
      [^ ^ ..,  Ú¢,     Ú¢,                  ,   
                                             ,           ¢ 
           BEFORE S/SHRI G.C. GUPTA, VICE-PRESIDENT AND
              ANIL CHATURVEDI, ACCOUNTANT MEMBER)

                               ITA No.590/Ahd/2011
                               [Asstt.Year : 2007-2008]

M/s.Shamjibhai G. Patel                     /Vs.          ITO, Ward-9(1)
10A, Saurashtra Patel Colony                              Ahmedabad.
Bapunagar, Ahmedabad.

PAN : ABBPP 5550 C


( / Appellant)                                 (× / Respondent)


       [   /                            :
       Assessee by                          None
          /                             :
       Revenue by                           Shri O.P. Botheja, Sr. -DR
         /                              :
       Date of Hearing                      13th January, 2014

         /                              :
       Date of Pronouncement                03-03-2014

                                  / O R D E R

PER G.C. GUPTA, VICE-PRESIDENT : This appeal by the assessee for the
assessment year 2007-08 directed against the order of the CIT(A)-XV,
Ahmedabad dated 16.12. 2010.

2.    At the time of hearing none appeared on behalf of the assessee-appellant.
On 30.12.2011, the case of the assessee was dismissed in limine due to non-
appearance on behalf of the assessee.         The exparte order of the Tribunal
dismissing the appeal of the assessee was recalled by the Tribunal on 20.9.2013
and the case was re-fixed for hearing by the Tribunal. Even in the background
of ex parte order dismissing the appeal of the assessee in limine by the Tribunal,
                                                                 ITA No.590/Ahd/2011

and recalling the same on 20.9.2013, the assessee has not attended on the date of
hearing before the Tribunal on 13.1.2014. In the circumstances, it is inferred
that the assessee is not interested in pursing its appeal. Therefore, following the
decision of Delhi Bench of the Tribunal in the case of Multiplan (India) Ltd. 38
ITD 320, we dismiss the appeal of the assessee in limine for want of
prosecution.

3.     In the result, the appeal of the assessee is dismissed.
Order pronounced in Open Court on the date mentioned hereinabove.

Sd/-                                                              Sd/-
(  / ANIL CHATURVEDI)                                       (../G.C. GUPTA)
  /ACCOUNTANT MEMBER                                       Ú¢ /VICE-PRESIDENT

Copy of the order forwarded to:
1)       : Appellant
2)       :   Respondent
3)       :   CIT(A)
4)       :   CIT concerned
5)       :   DR, ITAT.
                                                                         BY ORDER


                                                        DR/AR, ITAT, AHMEDABAD




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