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

Shri Mahendrakumar D. Trivedi, Soni Pole-4, Wadi, Vadodara. Vs ITO Ward 5(1), Baroda.
March, 03rd 2014
           IN THE INCOME TAX APPELLATE TRIBUNAL
                    "D" BENCH, AHMEDABAD

 BEFORE SHRI MUKUL Kr. SHRAWAT, JUDICIAL MEMBER AND
         SHRI T.R. MEENA, ACCOUNTANT MEMBER

                         ITA No.2200/Ahd/2010
                             A.Y. 2007-08

      Shri Mahendrakumar D.            Vs ITO Ward 5(1),
      Trivedi,                            Baroda.
      Soni Pole-4, Wadi,
      Vadodara.
      PAN: ADEPT 1609F
               (Appellant)                    (Respondent)

                Revenue by       :   Shri K.C. Mathews,
                                     Sr.D.R.,
              Assessee(s) by :       None

            / Date of Hearing      : 24/02/2014
             /Date of Pronouncement: 24/02/2014

                             /O R D E R

PER SHRI MUKUL KUMAR SHRAWAT, JUDICIAL MEMBER

      This is an appeal filed by the Assessee arising from the order of
the ld. CIT(Appeals)-V, Baroda, dated 07/04/2010 for A.Y. 2007-08.






2.    A notice has been issued by the Registry on 03/02/2014 fixing the
date of hearing on 24/02/2014 but no one has appeared. Under the
circumstances, we have no option but to dismiss this appeal since the
assessee is not interested in pursuing with its appeal. Therefore, in view
of Hon'ble Madhya Pradesh High Court decision in the case of Estate of
Late Tukojirao Holka vs. CWT (1997) 223 ITR 480 (M.P.) and of
Hon'ble Delhi Tribunal decision in the case of CIT vs. Multiplan India
(Pvt.) Ltd. 38 ITD 320 (Delhi), we dismiss the appeal of the assessee in
limine.
                                                   ITA No.2200/Ahd/2010
                                      Mahendra D. Trivedi Vs. ITO, Baroda.
                                                         For A.Y. 2007-08
                                    -2-


3.      In the result, the appeal of the Assessee is dismissed.


                Sd/-                                     Sd/-
         (T.R. MEENA)                         (MUKUL Kr. SHRAWAT)
     ACCOUNTANT MEMBER                          JUDICIAL MEMBER
Ahmedabad; Dated 24/02/2014
Prabhat Kr. Kesarwani, Sr. P.S.
   /Copy of the Order forwarded                   to :
1.     / The Appellant
2.     / The Respondent.
3.       / Concerned CIT
4.     () / The CIT(A)-III, Ahmedabad
5.     ,   ,                              / DR, ITAT, Ahmedabad

6.      / Guard file.
                                                                  / BY ORDER,



                                       /  (Dy./Asstt.Registrar)
                                        ,  / ITAT, Ahmedabad

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