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

M/s Aditya Siksha & Swasthya Samiti(Regd.)C/o Shri Suramveer Singh s/o shri Hari Singh,Ghasola, Tehsil Charkhi Dadri,District Bhiwani(Haryana) Vs Income-Tax Officer,Ward -1,HUDA Commercial V&PO Complex,Bhiwani-127021.
June, 14th 2012
     IN THE INCOME TAX APPELLATE TRIBUNAL: `A' BENCH ,NEW DELHI
         (BEFORE S/SHRI SHRI U.B.S.BEDI ,JM & A.N.PAHUJA, AM )
                         ITA no. 1667/Del/2012
                         Asstt. Year:- 2008-09

     M/s Aditya Siksha & Swasthya Vs   Income-Tax Officer,
     Samiti(Regd.)C/o Shri Suramveer   Ward -1,HUDA Commercial
     Singh s/o shri Hari Singh, V&PO Complex,Bhiwani-127021.
     Ghasola, Tehsil Charkhi Dadri,
     District Bhiwani(Haryana)
     [PAN:AABTA6163B]

               (Appellant)                             (Respondent)

                         Assessee by      :   None
                         Revenue by       :   Shri A.K.Singh, DR

                         Date of Hearing:-       12-06-2012
                         Date of Pronouncement:- 12-06-2012
                                    ORDER

A.N. PAHUJA:         This appeal filed on 10.4.2012 by the assessee against an
orders dated 28-11-2011 of the ld. CIT(A)-Rohtak for the Assessment Year 2008-
09 ,raises various grounds relating to denial of exemption for an amount of
`95,046/- & `17,02,452/- u/s 10(23C)(iiiad)of the Income-tax Act,1961[hereinafter
referred to as the `Act'] besides addition of `13,13,806/- u/s 68 of the Act and
disallowance of `1,87,000/- u/s 40a(ia) of the Act..







2.     None appeared on behalf of the assessee when the appeal was called for
hearing nor any request for adjournment was filed. Even before the Assessing
Officer[AO in short], none appeared while last notice dated 9.12.2010 issued u/s
143(2) & 142(1) of the Act      by the AO was refused by the secretary of the
society and as a result, assessment was completed in the manner provided u/s
144 of the Act. In these circumstances, it , therefore, appears that the assessee
is not interested in pursuing this appeal. Accordingly, following the decision of
the Delhi Bench of the Tribunal in the case of Multiplan (India) Pvt. Ltd. Vs CIT
[38 ITD 320] (Del) and the decision of the Hon'ble Madhya Pradesh High Court in
the case of Estate of Late Tukojirao Holkar Vs CWT [(1996) 223 ITR 480 (MP)],
                                         2                   ITA no.1667/Del/2012

this appeal filed by the assessee is dismissed, in limine.


       Sd/-                                                           Sd/-
  (U.B.S.Bedi)                                                  (A.N. Pahuja)
Judicial Member                                               Accountant Member
New Delhi


Copy of the order forwarded to :
The Assessee/ITO Ward 1-,Bhiwani/ The CIT concerned/ CIT(A)-
Rohtak/DR/ Guard file
                                                                       By order

                               Deputy Registrar of ITAT, New Delhi Bench





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