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

Shri Vijay Bansal, 93, Vivekanand Puri, Delhi. Vs. DCIT, Circle 33 (1), New Delhi.
August, 04th 2014
           IN THE INCOME TAX APPELLATE TRIBUNAL
               DELHI BENCHES : H : NEW DELHI

 BEFORE SHRI R.S. SYAL, AM AND SHRI JOGINDER SINGH, JM

                   IT (SS) A No.438/Del/2005
       Block Assessment Period : 01.04.1996 to 13.02.2003


Shri Vijay Bansal,              Vs.   DCIT,
93, Vivekanand Puri,                  Circle 33 (1),
Delhi.                                New Delhi.
PAN : AFBRB6720Q

                    IT (SS) A No.22/Del/2006
       Block Assessment Period : 01.04.1996 to 13.02.2003

DCIT,                                 Shri Vijay Bansal,
Circle 33 (1),                        93, Vivekanand Puri,
New Delhi                             Delhi.
                                      PAN : AFBRB6720Q

  (Appellant)                             (Respondent)


            Assessee By     :    Shri S.K. Gupta, CA
            Department By   :    Shri R.S. Meena, CIT, DR


                                ORDER

PER R.S. SYAL, AM:

     In conformity with the opinion of the majority of the

Members of the Tribunal who have heard these appeals, for the
                                                       IT(SS)A Nos.438/Del/2005
                                                          IT(SS)A No.22/Del/2006

reasons cited in their respective opinions, we adjudicate the

points of difference as under:-







     i. The issue in the first question referred to the Third Member

       is decided against the assessee.

     ii. The issue in the second question referred to the Third

       Member is decided against the assessee.

     iii. The issue in the third question referred to the Third Member

       is restored to the AO for fresh adjudication.

     iv. The issue in the fourth question is decided against the

       assessee.


2.     In the result, both the appeals are partly allowed.


       The order pronounced in the open court on 31.07.2014.

            Sd/-                                           Sd/-

     [JOGINDER SINGH]                             [R.S. SYAL]
     JUDICIAL MEMBER                          ACCOUNTANT MEMBER


Dated, 31st July, 2014.

dk




                                   2
                             IT(SS)A Nos.438/Del/2005
                                IT(SS)A No.22/Del/2006

Copy forwarded to:

  1.   Appellant
  2.   Respondent
  3.   CIT
  4.   CIT (A)
  5.   DR, ITAT

                         AR, ITAT, NEW DELHI.




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