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

Pradeep Kumar Dalal C/o. Wisemen Cop Services P. Ltd. 3rd Floor, Flat No. 301, 1081/A-1 Mehrauli, New Delhi. Vs. ITO Ward-24(3), New Delhi.
April, 09th 2014
         IN THE INCOME TAX APPELLATE TRIBUNAL
               DELHI BENCH: `F' NEW DELHI
       BEFORE SHRI R. S. SYAL, ACCOUNTANT MEMBER
                            AND
           SHRI A. T. VARKEY, JUDICIAL MEMBER

                       I.T.A .No.-4916/Del/2012
                     (ASSESSMENT YEAR-2007-08)


Pradeep Kumar Dalal                  Vs.         ITO
C/o. Wisemen Cop Services P. Ltd.                Ward-24(3),
3rd Floor, Flat No. 301, 1081/A-1                New Delhi.
Mehrauli, New Delhi.
PAN: AEJPD4952P
(APPELLANT)                                      (RESPONDENT)

                  Assessee by:- None
                  Revenue by:- Smt. Meenakshi Vohra, Sr. DR.

                                ORDER

PER R. S. SYAL, AM :

      This appeal by the assessee is directed against the order dated

29.06.2012 passed by the ld. CIT (A) ­XII, New Delhi in relation to the

assessment year 2007-08.

2.    At the threshold we note that none appeared on behalf of the assessee

when this appeal was called for hearing. We find that proper notice of

hearing has already been given to the assessee. Under these circumstances,

in our considered opinion assessee is not interested in prosecuting the
                                       2                   I.T.A .No.-4916/Del/2012



appeal. As such we hold that this appeal is liable to be dismissed for non

prosecution. In this regard we place reliance upon following case laws:

      1.     CIT vs. Multiplan India Ltd. 38 ITD 320 (Del)
      2.     Estate of Late Tukojirao Holkar vs. CWT 223 ITR 480 (M.P.)
      3.     New Diwan Oil Mills vs. CIT (2008) 296 ITR 495 (P& H)
      4.     CIT vs. B. N. Bhattachargee And Another 118 ITR 461(SC)


3.    Respectfully following the view taken in the cases cited (supra), we

dismiss this appeal filed by the assessee for non prosecution.

4.    In the result, the appeal is dismissed.


      Order pronounced in the open Court on 02/04/2014.

             Sd/-                                          Sd/-

   ( A. T. VARKEY )                                (R. S. SYAL)
JUDICIAL MEMBER                                 ACCOUNTANT MEMBER
Dated: 02/04/2014
*AK VERMA*
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(Appeals)
5. DR: ITAT
                                   3                   I.T.A .No.-4916/Del/2012




                                            ASSISTANT REGISTRAR



                                            Date       Initial
1.    Draft dictated on                                            PS
                                         02/04/2014
2.    Draft placed before author         02/04/2014                PS
3.    Draft proposed & placed before the                           JM/AM
      second member
4.    Draft      discussed/approved    by                          JM/AM
      Second Member.
5.    Approved Draft comes to the 03/04/2014                       PS/PS
      Sr.PS/PS
6.    Kept for pronouncement on                                    PS
7.    File sent to the Bench Clerk        03/04/2014               PS
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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