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

Umesh Kumar Tyagi C/o Kapil Goel, Adv. F-26/124, Sector-7, Rohini, New Delhi. vs. ITO Ward-2(1), Ghaziabad.
May, 24th 2019
          IN THE INCOME TAX APPELLATE TRIBUNAL
               DELHI BENCH: `SMC' NEW DELHI

         BEFORE SHRI T.S. KAPOOR, ACCOUNTANT MEMBER

               Stay Application No. 592/Del/2019
                     (ITA No. 2978/Del/2019)
                   (Assessment Year: 2010-11)

Umesh Kumar Tyagi                  vs   ITO
C/o Kapil Goel, Adv.                    Ward-2(1),
F-26/124, Sector-7, Rohini,             Ghaziabad.
New Delhi.
PAN No. AFGPT9580F
APPELLANT                               RESPONDENT

        Assessee by           Shri Kapil Goel, Adv.
        Revenue by            Shri P.V. Gupta, Sr. DR

                Date of Hearing          24.05.2019
             Date of Pronouncement       24.05.2019

                                ORDER

     At the outset, the Ld. AR invited my attention to a letter
written by bankers of the assessee, wherein, the Bank has
certified that an amount of Rs. 26 lakhs has been paid to the
Income Tax Department. It was submitted that the Department
has already recovered the disputed amount.        Therefore, it was
prayed that the appeal of the assessee may be heard on at an
earlier date, so that assessee could argue on merits of the case.






2.   Ld. DR had no objection to the early hearing of the appeal.
                                       2
                                                Stay Application No. 592/Del/2019



3.   In view of the above, I deem it appropriate to fix the appeal of
the assessee on 6th June, 2019. Since, the date of hearing was
pronounced in the open court, therefore, no separate notice will be
issued for the hearing.

4.   As regards, the stay application since the Department has
already recovered the amount and Ld. AR did not press for the
same, the same is dismissed.

5.   In   the   result,   the   stay       application    is    dismissed           as
infructuous.

     Order pronounced in the open Court.


                                                            Sd/-
                                                     (T.S. KAPOOR)
                                              ACCOUNTANT MEMBER
Dated: 24.05.2019
*Kavita Arora






Copy forwarded to:
1.  Appellant
2.  Respondent
3.  CIT
4.  CIT(Appeals)
5.  DR: ITAT
                      TRUE COPY

                                               ASSISTANT REGISTRAR
                                                    ITAT NEW DELHI
                                              3
                                                         Stay Application No. 592/Del/2019




Date of dictation                                                    24.05.2019
Date on which the typed draft is placed before the dictating         24.05.2019
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              24.05.2019
Date on which the fair order is placed before the Dictating Member   24.05.2019
for pronouncement
Date on which the fair order comes back to the Sr. PS/PS             24.05.2019
Date on which the final order is uploaded on the website of ITAT     24.05.2019
Date on which the file goes to the Bench Clerk                       24.05.2019
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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