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

M/s Crown Techno Build (P) B1/D1, Mohan Cooperative Industrial Estate,Mathura Road, New Delhi New Delhi 110 044 Vs. Income Tax Officer, Ward-3(4), New Delhi.
August, 07th 2014
                IN THE INCOME TAX APPELLATE TRIBUNAL
                                  `B' : NEW DELHI
                     DELHI BENCH `B

          BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT AND
                               GARG, JUDICIAL MEMBER
           SHRI CHANDRA MOHAN GARG,

                            No.2085/Del/2013
                        ITA No.
                                        2009-10
                      Assessment Year : 2009-


M/s Crown Techno Build (P)      Vs.    Income Tax Officer,
Ltd.,                                  Ward-3(4),
                                       Ward-
                Cooperative
B1/D1, Mohan Cooperative               New Delhi.
Industrial Estate,
Mathura Road,
New Delhi ­ 110 044.
PAN : AADCC0686L.
      (Appellant)                          (Respondent)

                            No.2084/Del/2013
                        ITA No.2084/Del/2013
                                        2008-09
                      Assessment Year : 2008-


M/s Crown Buildtech Pvt.Ltd.,   Vs.    Assistant Commissioner of
B1/D1, Mohan Cooperative               Income Tax,
Industrial Estate,                     Circle-
                                       Circle-3(1),
Mathura Road,                          New Delhi.
New Delhi ­ 110 044.
PAN : AAACK1240R.
    (Appellant)                            (Respondent)

            Appellant by        :     None.
            Respondent by       :     Smt. Parwinder Kaur, Sr.DR.

                                ORDER

PER G.D. AGRAWAL, VP :
      These appeals by the assessee are directed against the order of
learned CIT(A)-VI, New Delhi dated 2nd January, 2013 for the AY 2008-
09 & 2009-10.







2.    At the time of hearing before us today i.e. 6th August, 2014,
neither anybody appeared on behalf of the assessee nor there was any
request for adjournment. The notice of hearing sent to the assessee
                                   2                   ITA-2084 & 2085/D/2013



has not come back unserved from the postal authorities and is
presumed to be served. On the last date of hearing also i.e. on 11th
March, 2014, none was present on behalf of the assessee and the
matter was adjourned.


3.    In view of the above, we are of the opinion that the assessee is
not interested in prosecuting these appeals. While taking this view, we
derive support from the decision of Delhi Bench of ITAT in the case of
CIT vs. Multiplan India (P.) Ltd. ­ [1991] 38 ITD 320 (Delhi).
Accordingly, we dismiss the assessee's appeals in limine.







4.    In the result, the appeals filed by the assessee are dismissed in
limine.
      Decision pronounced in the open Court on conclusion of hearing
on 6th August, 2014.


                  Sd/-                               Sd/-
                           GARG)
          (CHANDRA MOHAN GARG)                     AGRAWAL)
                                             (G.D. AGRAWAL)
           JUDICIAL MEMBER                   VICE PRESIDENT

Dated : 06.08.2014
VK.

Copy forwarded to: -

1.    Appellant                Techno Build (P) Ltd.,
                   : M/s Crown Techno
                  B1/D1, Mohan Cooperative Industrial Estate,
                  Mathura Road, New Delhi ­ 110 044.

2.    Respondent : Income Tax Officer,
                Ward-
                Ward-3(4), New Delhi.
3.    CIT
4.    CIT(A)
5.    DR, ITAT

                             Assistant Registrar

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