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

Smt. Sharmila Nath.D-31,Ansal Vilas, Sarbari,Chatarpur,New Delhi Vs ITO Ward-39(3), CR Building,IP Estat Chatarpur,New Delhi New Delhi.
June, 06th 2012
     IN THE INCOME TAX APPELLATE TRIBUNAL: `G' BENCH ,NEW DELHI
             (BEFORE SHRI G.C.GUPTA,VP & A.N.PAHUJA, AM )
                          ITA no. 4017/Del/2009
                          Asstt. Year:- 2001-02

      Smt. Sharmila Nath.                 Vs   ITO Ward-39(3),
     D-31,Ansal Vilas, Sarbari,                CR Building,IP Estate
     Chatarpur,New Delhi                       New Delhi.
     [PAN:ACBPN0603P]

                 (Appellant)                            (Respondent)

                            Assessee by    :   None
                            Revenue by     :   Smt. Surjani Mohanty, DR

                            Date of Hearing:-       4-06-2012
                            Date of Pronouncement:- 4-06-2012
                                      ORDER

A.N. PAHUJA:            This appeal filed on 1.10.2009 by the assessee against an
order dated 6-07-2009 of the ld. Commissioner of Income-tax(A)-XXVIII, New
Delhi, raises various grounds relating to addition of `25 lacs on account of gift
received from Shri Sanjay Mohan Aggarwal,who            provided accommodation
entries and operated a large number of current & OD a/cs in Vijaya Bank, Ansari
Road, Delhi.







2.      None appeared on behalf of the assessee when the appeal was called for
hearing nor any request for adjournment was filed. In these circumstances, it ,
therefore, appears that the assessee is not interested in pursuing this appeal.
Accordingly, following the decision of the Delhi Bench of the Tribunal in the case
of Multiplan (India) Pvt. Ltd. Vs CIT [38 ITD 320] (Del) and the decision of the
Hon'ble Madhya Pradesh High Court in the case of Estate of Late Tukojirao
Holkar Vs CWT [(1996) 223 ITR 480 (MP)], this appeal filed by the assessee is
dismissed, in limine.


      Sd/-                                                             Sd/-
(G.C.GUPTA)                                                     (A.N. PAHUJA)
Vice President                                                Accountant Member
New Delhi
                                  2                ITA no.4017/Del/2009



Copy of the order forwarded to :
The Assessee/CIT concerned/CIT(A)-XXVIII,New Delhi / ITO,Ward-39(3),
New Delhi/DR/ Guard file
                                                             By order

                         Deputy Registrar of ITAT, New Delhi Bench





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