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

Cane Development Council,Mansoorpur,Vill & PO Mansoorpur, Distt. Muzaffarnagar vs. Joint Commissioner of Income Tax, Range-2,Muzaffarnagar
June, 29th 2012
                                                               ITA NO. 1885/DEL/2012


                  IN THE INCOME TAX APPELATE TRIBUNAL

                        DELHI BENCH "B": NEW DELHI

              BEFORE SHRI U.B.S. BEDI, JUDICIAL MEMBER &
               SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER

                             ITA No. 1885/Del/2012
                                 A.Y. : 2007-08

Cane Development Council,                   vs.   Joint Commissioner of Income
Mansoorpur,                                       Tax, Range-2,
Vill & PO Mansoorpur,                             Muzaffarnagar
Distt. Muzaffarnagar
(PAN : AAACM8638D)
(Appellant)                                       (Respondent)

      Assessee by        :     None
      Department by      :     Sh. Vikas Suryavanshi, Sr. D.R.







                                      ORDER
PER U.B.S. BEDI : JM



      This appeal of the assessee emanates from the order passed by the Ld.

CIT(A), Muzaffarnagar dated 17.1.2012, relevant to assessment year 2007-08.

2.    Despite sending notice sufficiently in advance, assessee did not appear,

nor any adjournment request had been proceeded.          Therefore, we infer that

assessee is not interested in prosecuting this appeal.

3.    Having regard to Rule 19(2) of ITAT Rules, 1963      and following various

decision of the Tribunal including in the case of C.I.T. vs. Multiplan India (P)

Ltd., reported in 38 ITD 320 (Del.) and the judgement of Hon'ble Madhya

Pradesh High Court in the case of Estate of late Tukojirao Holkar vs. CWT; 223



                                        1
                                                                ITA NO. 1885/DEL/2012


ITR 480 (M.P.), we treat the appeal of the assessee as un-admitted and dismiss

the same.

4.     The assessee, if so desired, shall be free to move this Tribunal praying for

recalling this order and explaining reasons for non-compliance etc. then this

order may be recalled.

5.     In the result,   the appeal filed by the assessee, is dismissed, for non-

prosecution.

        Order pronounced in the Open Court            on 27/6/2012, soon after
conclusion of hearing.

              SD/-                                              SD/-

  [SHAMIM YAHYA]                                        [U.B.S. BEDI]
ACCOUNTANT MEMBER                                     JUDICIAL MEMBER

Date: 27/6/2012

SRBhatnagar

Copy forwarded to: -
1.     Appellant          2.    Respondent     3.   CIT   4.    CIT (A)
5.     DR, ITAT
                                TRUE COPY

                                                          By Order,

                                        Assistant Registrar, ITAT, Delhi Benches




  




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