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

Shri Kamlesh Chandra Aggarwal, Aggarwal, C-118, East of Kailash, New Delhi 110 065. Vs. Additional Commissioner of Income Tax, Income Tax, Range-41, New Delhi.
August, 05th 2014
                 IN THE INCOME TAX APPELLATE TRIBUNAL
                                  `D' : NEW DELHI
                      DELHI BENCH `D

       BEFORE SHRI GEORGE GEORGE K., JUDICIAL MEMBER AND
              SHRI B.C. MEENA, ACCOUNTANT MEMBER

            Nos.1592/Del/2013, 1593/Del/2013 & 1594/Del/2013
        ITA Nos
                       Years : 2001
            Assessment Years            2002-03 & 2005-
                               2001-02, 2002-     2005-06


Shri Kamlesh Chandra           Vs.    Additional Commissioner of
Aggarwal,                             Income Tax,
C-118, East of Kailash,               Range-
                                      Range-41,
New Delhi ­ 110 065.                  New Delhi.
PAN : AAEPA7341L.

     (Appellant)                          (Respondent)


              Appellant by      :    None.
              Respondent by     :    Shri S.N. Bhatia, DR.


                                ORDER

PER BENCH :

      These appeals by the assessee are directed against the order of
the learned Commissioner of Income-tax (Appeals)-XXVII, New Delhi,
dated 5th October, 2012.







2.    At the time of hearing before us, neither anybody appeared on
behalf of the assessee nor there was any request for adjournment.
The notice sent to the assessee well in advance has not been returned
unserved and is deemed to have been served. 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 Hon'ble Delhi High Court in the case of CIT vs. Multiplan
                                     2                       ITA-1917/Del/2011


(India) Pvt. Ltd., 38 ITD 320 (Del). Accordingly, we dismiss the
assessee's appeals in limine.


3.    In the result, the appeals filed by the assessee are dismissed in
limine.
      Decision pronounced in the open Court on conclusion of hearing
on 30th July, 2014.







                   Sd/-                               Sd/-
          (GEORGE GEORGE K)K)                          MEENA)
                                                 (B.C. MEENA)
            JUDICIAL MEMBER                  ACCOUNTANT MEMBER

Dated : 30.07.2014
VK.

Copy forwarded to: -

1.    Appellant : Shri Kamlesh Chandra Aggarwal,
                  C-118, East of Kailash,
                  New Delhi ­ 110 065.


2.    Respondent : Additional Commissioner of Income Tax,
                Range-41, New Delhi.
                Range-
3.    CIT
4.    CIT(A)
5.    DR, ITAT

                                Assistant Registrar

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