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

Sushila Khandelwal B-88, First Floor Sarvodaya Enclave, New Delhi 110017 vs. Income Tax Officer Ward – 32 (3) New Delhi
April, 20th 2019
           IN THE INCOME TAX APPELLATE TRIBUNAL
                (DELHI BENCH: `SMC', NEW DELHI)

          BEFORE SH. N. K. BILLAIYA, ACCOUNTANT MEMBER
                   ITA No:-6828/Del/2018
                 (Assessment Year: 2010-11)

Sushila Khandelwal              Income Tax Officer
B-88, First Floor Sarvodaya Vs. Ward ­ 32 (3)
Enclave, New Delhi 110017       New Delhi
PAN No. AGIPK9649R
APPELLANT                       RESPONDENT

           Revenue by          : Sh. K. L. Chandak, FCA
           Assessee by         : Sh. S. L. Anuragi, Sr. DR.

           Date of Hearing       :             18.04.2019
           Date of Pronouncement :              18.04.2019

                            ORDER

PER: N. K. BILLAIYA, AM


     This appeal by the assessee is preferred against the order of the

Commissioner of Income Tax [Appeals]-11, New Delhi, dated 10.09.2018

for Assessment Year 2010-11.


2.   On perusal of the order of the First Appellate Authority I find that

FAA has dismissed the appeal by applying Multi Plan India Private Limited

38 ITD 320.
 





2 ITA No.-6828/Del/2018 3. Before me the Counsel stated that the appellant has shifted to Mumbai and, therefore, the notice issued by the CIT(A) could not be served upon the appellant. The counsel provided the new address which is as under :- Smt. Sushila Khandelwal Unit No.-2, Tower-1 Arcade World Trade Centre Cuffee Parade, Mumbai-400005 4. In the interest of justice and fair play I deem it proper to restore the appeal to the files of the CIT(A). The CIT(A) is directed to decide the appeal afresh after giving a reasonable opportunity of being heard by serving the notice at the aforementioned address. 5. In the result, the appeal of the assessee is allowed for statistical purpose. Order pronounced in the open court on 18.04.2019. Sd/- (N.K.BILLAIYA) ACCOUNTANT MEMBER Dated: 18.04.2019 Neha/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 3 ITA No.-6828/Del/2018 Date of dictation 18.04.2019 Date on which the typed draft is placed before the 18.04.2019 dictating Member Date on which the typed draft is placed before the 18.04.2019 Other Member Date on which the approved draft comes to the Sr. 18.04.2019 PS/PS Date on which the fair order is placed before the 18.04.2019 Dictating Member for pronouncement Date on which the fair order comes back to the Sr. 18.04.2019 PS/PS Date on which the final order is uploaded on the 18.04.2019 website of ITAT Date on which the file goes to the Bench Clerk 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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