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

Pawan Kumar Dua C/o. RRA Taxindia, D-28, South Extension, Part-I, New Delhi Vs. ACIT, Central Circle-28 New Delhi
August, 12th 2019
         IN THE INCOME TAX APPELLATE TRIBUNAL
            DELHI BENCH "Friday/C", NEW DELHI
                         BEFORE
          SH. N.K.BILLAIYA, ACCOUNTANT MEMBER
                            AND
      SH. SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER

                     S.A. No.848/Del./2019
                          Arising out of
             (ITA No. 6588/Del/2018, A.Y. 2013-14)
                     S.A. No.849/Del./2019
                          Arising out of
             (ITA No. 6589/Del/2018, A.Y. 2014-15)
                     S.A. No.850/Del./2019
                          Arising out of
             (ITA No. 6590/Del/2018, A.Y. 2015-16)
   Pawan Kumar Dua                     ACIT,
   C/o. RRA Taxindia, D-28,            Central Circle-28
                                  Vs
   South Extension, Part-I,            New Delhi
                                  .
   New Delhi
   PAN : AACPD2040F
   Applicant                           Respondent

    Assessee by    :   Sh. Rakesh Gupta, Adv.
    Revenue by     :   Ms. Rinku Singh, Sr. DR

    Date of hearing           :        09.08.2019
    Date of pronouncement     :        09.08.2019

                         ORDER

PER SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER:
    By means of this Stay applications the applicants seeks
extension of stay already granted for assessment years 2013-14,
2014-15 and 2015-16.
{ad
2 SA no.848, 849, 850/Del/2019) (Pawan Kumar Dua) 2. The Ld. Authorised Representative submitted that the stay was originally granted vide order dated 8th February, 2019 in stay application nos. 45/Del/2019, 46/Del/2019 and 47/Del/2019. It was also submitted that the delay in the disposal of appeals was not attributable to the applicant because the department had been required to produce the assessment records on earlier occasions but since the records were not produced, the appeals could not be heard. It was further submitted that now the appeals are fixed for hearing on 26th September, 2019 and it was prayed that the stay already granted should be extended. The Ld. Departmental Representative opposed the extension of stay. 3. We have heard both the parties and in view of the factual matrix and the reason that the appeals could not be disposed of due to the reason of the inability of the department to produce the assessment records, the delay in disposal of the appeals cannot be attributed to the applicant. Therefore, it is a fit case for extension of stay. Accordingly, we extend the stays till the next date of hearing i.e. 26.09.2019.
4. In the final result, all the three stay applications stand allowed. Sd/- Sd/- (N.K.BILLAIYA) (SUDHANSHU SRIVASTAVA) ACCOUNTANT MEMBER JUDICIAL MEMBER Date: 09th August, 2019 *Binita* 3 SA no.848, 849, 850/Del/2019) (Pawan Kumar Dua) Copy of order to: - 1) The Appellant; 2) The Respondent; 3) The CIT; 4) The CIT(A)-, New Delhi; 5) The DR, I.T.A.T., New Delhi; True Copy By Order ITAT, New Delhi Date of dictation 09.08.2019 Date on which the typed draft is placed before the dictating Member Date on which the typed draft is placed before the Other Member Date on which the approved draft comes to the Sr. PS/PS Date on which the fair order is placed before the Dictating Member for pronouncement Date on which the fair order comes back to the Sr. PS/PS Date on which the final order is uploaded on the website of ITAT Date on which the file goes to the Bench Clerk Date on which the file goes to the Head Clerk The date on which the file goes to the Assistant Registrar for signature on the order Date of dispatch of the Order
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