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

Sh.Umed Singh S/o Shri Ranjit Singh H.No. 2817 A, Housing Colony Sector 3, Faridabad VS. ITO, Ward 1(5) Faridabad
September, 25th 2014
                IN THE INCOME TAX APPELLATE TRIBUNAL
                    DELHI BENCHES : "H" NEW DELHI

                     BEFORE SHRI H.S.SIDHU, JM AND
                                 AND
                      SHRI J.SUDHAKAR REDDY, AM

                               ITA No: 2949/Del/2012
                                   AY : - 2008-09

Sh.Umed Singh                vs.       ITO, Ward 1(5)
S/o Shri Ranjit Singh                  Faridabad
H.No. 2817 A, Housing Colony
Sector 3, Faridabad
PAN: AZNPS 5244 G


(Appellant)                                  (Respondent)


                        Appellant by : None
                    Respondent by: Sh. Sameer Sharma, Sr.D.R.


                              ORDER

PER J.SUDHAKAR REDDY, ACCOUNTANT                 MEMBER

          This is an appeal    filed by the assessee against the   order dt.

16.03.2012 of Ld.CIT(A), Faridabad for Assessment Year 2008-09.



2.        On the date of hearing i.e. on   24.09.2014,   none appeared    on

behalf of the assessee nor any adjournment application was received.

The notice sent was returned by the postal authorities with the remark

"Left".    We find from the record that on     earlier occasions   also   the

appeal had been adjourned. Hence we presume that the assessee is not

interested in prosecuting the appeal.
                                                                         2







3.     Following the decisions   in the case of CIT vs. Multiplan India

P.Ltd. 38 ITD, 320 (Delhi), and the decision of the Hon'ble Bombay High

Court in the case of M/s Chemipol vs. UOI and others in Central Excise

Appeal No. 62/2009 judgement dt. 17th September,2009, we consider it

a fit case for dismissing the appeals in limine, as not admitted. We may

like to clarify that subsequently, if the assessee explains the reasons for

non-appearance and if the Bench is so satisfied, the matter may be

recalled for the purpose of adjudication of the appeal.



4.     In the result, the   appeal by the assessee stands dismissed for

non-prosecution.

       Order pronounced in the Open Court on 24th September,2014.








            Sd/-                                          Sd/-

       (H.S.SIDHU)                            (J.SUDHAKAR REDDY)
     JUDICIAL MEMBER                         ACCOUNTANT MEMBER


Dated: the 24th September, ,2014

*manga
                                                    3



Copy of the Order forwarded to:

 1.    Appellant;
 2.Respondent;
3.CIT;
 4.CIT(A);
5.DR;
 6.Guard File

                                    By Order




                                  Asst. Registrar

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