2010 (6) TMI 819

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....gainst the order of the CIT(Appeals)-IV, Mumbai dated 01-04-2009 for assessment year 2005-06. 2. None appeared on behalf of the assessee despite issual of notice by RPAD. There is no Vakalat filed in this case nor a petition for adjournment has been made. Under these circumstances, we dispose of this case exparte on merits, qua the assessee, after hearing the learned DR. 3. Heard Shri S.S.Rana, ....

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....Leasing & Finance Ltd. 299 ITR 268 and Lovely Exports Ltd. 216 CTR 195 (SC), and deleted the addition. 5. On a perusal of these decisions, we find that the CIT (Appeals) has not committed any error in his order. At para 1.4 and 1.5 he held as follows: "1.4 The appellant has relied upon the case of Devine Leasing & Finance Ltd. 299 ITR 268 where the Hon'ble Supreme Court of India at Para w held ....