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

Aegis Limited, Essar Techno Park, Old Swan Mill Compound, LBS Marg, Kurla(W), Mumbai- 400070. Vs. ACIT Range 5(1), Mumbai.
May, 11th 2015
                             ,   
                 In the Income-tax Appellate Tribunal -"K"Bench Mumbai
                                ,                                  
     Before S.Sh.Rajendra,Accountant Member and Amit Shukla,Judicial member
    (S.A. No. 156/Mum/2015-Arising out of ITA 1213/Mum/2013-Assessment Year 2009-10)
          Aegis Limited,                               ACIT Range 5(1),
          Essar Techno Park, Old Swan Mill             Mumbai.
          Compound, LBS Marg, Kurla(W),
          Mumbai- 400070.                        Vs.
          PAN: AABCI4256N
                  ( /Appellant)                     (  / Respondent)
                      / Appellant by                             :Shri M P Lohia
                        /Respondent by                           :Shri Vijaykumar Vora
                        / Date of Hearing
                                                                  : 08 -05-2015
                       / Date of Pronouncement                    : 08 -05-2015
                       ,1961   254(1)                                  
                      Order u/s.254(1)of the Income-tax Act,1961(Act)
Per Rajendra, A.M.                            
1. In its application, dated 03.04.2015, the assessee-company has stated that the Tribunal had
extended the stay of demand vide its order dated 13.03.2014 till 30.04.2015 or disposal of
appeal whichever was earlier,that the case was heard on 05.01.2014 and the order was
expected,that till the pronouncement of the order stay granted earlier should be extended.






2.Before us, Authorised Representative (AR) made the same submissions that are part of the
application filed for extension of stay. Departmental Representative (DR) left the matter to the
discretion of the Bench.






3.We find that in this case matter has already been heard and decision of the Tribunal is to be
pronounced shortly. Therefore, we are of the opinion that it is a fit case for extending stay of
the demand. Considering the facts of the case stay is extended till the disposal of appeal or 30.
07.2015 whichever is earlier.

     As a result,application filed by the assessee for extension of stay stands allowed.
                                            .
                Order pronounced in the open court on 8th May, 2015.
                                          08.05.2015    
                       Sd/-                                                Sd/-
     (    / Amit Shukla )                                          (        / Rajendra)
        /Judicial member                                     /Accountant member
 Mumbai,  Date:08.05.2015
                                       2                        S.A. No.156/Mum/2015 Aegis Limited.




              /Copy of the Order forwarded to :
1. Assessee /                                 2. Respondent /     
3.The concerned CIT(A)/      , 4.The concerned CIT /    
5. DR "K" Bench, ITAT, Mumbai /      ,.. .
                                           
6. Guard File/ 
                                    //True Copy//
                                                   / BY ORDER,

                                           /  Dy./Asst. Registrar
                                          ,   /ITAT, Mumbai




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