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

M/s King Exports,Ludhiana Vs The ACIT, Circle-1, Ludhiana
June, 07th 2012
              IN THE INCOME TAX APPELLATE TRIBUNAL
              CHANDIGARH BENCHES `B' CHANDIGARH


           BEFORE SHRI H.L.KARWA, HON'BLE, VICE PRESIDENT
            AND SHRI MEHAR SINGH, ACCOUNTANT MEMBER


                            ITA No. 1006/Chd/2011
                           Assessment Year: 2004-05

M/s King Exports,                    Vs     The ACIT, Circle-1,
Ludhiana                                    Ludhiana

PAN No. AADFK3575F

(Appellant)                                        (Respondent)


                    Appellant By            : Shri Ashok Kumar Juneja
                    Respondent By           : Smt. Jaishree Sharma

                    Date of hearing       : 05.06.2012
                    Date of Pronouncement : 05.06.2012


                                    ORDER


PER H.L.KARWA, VP


      This appeal filed by the assessee is directed against the order of

CIT(A)-I, Ludhiana dated 8.9.2011 relating to assessment year 2004-05.



2.    Shri Ashok Kumar Juneja, Advocate, Ld. counsel for the assessee vide

his application dated 5.6.2012 stated as under:-

                                                         "05.06.2012
      To
              The Hon'ble,
              ITAT Chandigarh

      Sub:-          In the matter of Kings Export Ludhiana / AY 2004-
                    05/ACIT (Circle-I) Ludhiana /1006-Chandigarh- 2011
                                                                           2








      Sir,

      It is submitted that Hon'ble HC of Pb        & Haryana in ITA
      No.306/2011 for AY 2004-05 has allowed substantial relief to
      assessee u/s 80HHC stating that the issue regarding deduction u/s
      80 HHC may be remanded to AO with direction to decide the case
      as per Topman Exports v CIT (Mumbai) (2012) 67 DTR (SC) 185.
      In view of above I may be permitted to withdraw the appeal No.
      1006/Chd/2011. The other issue raised in the appeal may be
      treated as not pressed.

      Thanking you,

      Yours faithfully,

      Sd/-
      (Ashok Kumar Juneja), Advocate
      Counsel
      Kings Export"


3.    In view of the above Application, we grant permission to the assessee

to withdraw the above appeal.



4.    In the result, appeal is dismissed.


      Order Pronounced in the Open Court on this 5 t h day of June, 2012

             Sd/-                                       Sd/-

   (MEHAR SINGH)                                    (H.L.KARWA)
ACCOUNTANT MEMBER                                 VI CE PRESIDENT
Dated : 5 t h June, 2012
Rkk
Copy to:
  1.       The Appellant
  2.       The Respondent
  3.       The CIT
  4.       The CIT(A)
  5.       The DR
                          True Copy
                                                 By Order


                                             Assistant Registrar
3





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