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

Bright Career Distributors 2590, Kutcha Chelan, Darya Ganj New Delhi. Vs. Income Tax Officer Ward 30(2), New Delhi
August, 04th 2014
              IN THE INCOME TAX APPELLATE TRIBUNAL
                    DELHI BENCH : `A' N EW DELHI
      BEFORE SHRI G.D. AGARWAL, HON'BLE VICE PRESIDENT
                             AND
              SHRI H.S. SIDHU, JUDICIAL MEMBER
                        ITA Nos. 5189 & 5190/Del/ 2011
                      Assessment Years 2005-06 & 2006-07
Bright Career Distributors              Vs.   Income Tax Officer
2590, Kutcha Chelan, Darya Ganj               Ward 30(2),
New Delhi.                                    New Delhi

(PAN ­AAEFB 6332 J)
 (Appellant)                                  (Respondent)
     Appellant by                       :     None
     Respondent by                      :     Shri Y. Kakkar, Sr. D.R.

                                        ORDER
PER H.S. SIDHU, J.M:

1.    The assessee has filed these appeals against the impugned order dated

30.08.2011 passed by the ld. CIT(A)-XXV, New Delhi.

2.    The notice for hearing for 24.07.2014 was issued to the assessee by

registered post on the address given by the assessee in Form No. 36, Column

No.10, but in response to the same, neither the assessee nor his Authorized

Representative appeared before the Tribunal to prosecute the matter in dispute or

file any application for adjournment.

3.    Keeping in view of the facts and circumstances of the present case and the

provisions of Order V Rule 19A of the Income-tax Appellate Tribunal Rules, as

were considered in the cases of CIT Vs. Multiplan (India) Pvt. Ltd., 38 ITD 320
                                           2        ITA Nos. 5189 & 5190/Del/ 2011






(Del) ; and Late Tukoji Rao Holkar, 223 ITR 480 (MP), we dismiss these appeals

filed by the assessee for non prosecution. The assessee, if so advised, shall be free

to move this Tribunal praying for recalling of this order as per law.

4.     In the result, the assessee's appeals is dismissed.

       The order is pronounced in the open Court on 01.08.2014

      Sd/-                                                              Sd/-
(G.D. AGARWAL)                                                     (H.S. SIDHU)
 Vice President                                                   Judicial Member
Dated 01.08.2014
Aks*
Copy of the order forwarded to:-
1.     Appellant
2.     Respondent
3.     CIT (Appeals) concerned
4.     CIT concerned
5.     D.R., ITAT,

                                                             ASSISTANT REGISTRAR





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