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

Goodlays Creations Pvt.Ltd. C 38/3A, Lawrance Road Industrial Area Delhi 110 035 Vs. ITO Ward 12(2), C.R.bldg. New Delhi
July, 30th 2015
              IN THE INCOME TAX APPELLATE TRIBUNAL
                 DELHI BENCH `SMC-I', NEW DELHI


        BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER

                          ITA No.731/Del/2014
                               AY: 2009-10

Goodlays Creations Pvt.Ltd.           vs.     ITO
C 38/3A, Lawrance Road                        Ward 12(2), C.R.bldg.
Industrial Area                               New Delhi
Delhi 110 035

PAN: AABCG 8086 G

(Appellant)                                             (Respondent)

                      Appellant by  : None
          Respondent by : Sh. Om Prakash Meena, Sr.D.R


                                  ORDER


      This is an appeal       filed by the assessee against the       order dt.

17.12.2012 of Ld.CIT(A)-XV, New Delhi         for Assessment Year 2009-10.

2.    On the date of hearing i.e. on 27th July,2015,     none appeared on

behalf of the assessee nor any adjournment application was received

despite issual of notice by RPAD.           Hence it is presumed      that the

assessee is not interested in prosecuting the appeal.






3.    Following the decisions     in the case of CIT vs. Multiplan India

P.Ltd. 38 ITD, 320 (Delhi), and the decision of the Hon'ble Bombay High

Court in the case of M/s Chemipol vs. UOI and others in Central Excise

Appeal No. 62/2009 judgement dt. 17th September,2009, I consider it a
                                                                       2


fit case for dismissing the appeals in limine, as not admitted. It is to

clarify that subsequently, if the assessee explains the reasons for non-

appearance and if the Bench is so satisfied, the matter may be recalled

for the purpose of adjudication of the appeal.






4.    In the result, the    appeal by the assessee stands dismissed for

non-prosecution.

      Order pronounced in the Open Court on 27th August,2015.


                                                 Sd/-

                                 (J.SUDHAKAR REDDY)
                                ACCOUNTANT MEMBER


Dated: the 27th August, 2015

*manga

Copy of the Order forwarded to:
 1.    Appellant;
 2.Respondent;
3.CIT;
 4.CIT(A);
5.DR;
 6.Guard File

                                                        By Order




                                                    Asst. Registrar

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