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Income Tax Appellate Tribunal, SMC Bench, Mumbai
Before: Shri Shamim YahyaSmt. Naazneen Javeri
This appeal filed by the assessee is directed against the order of the CIT(A)-58, Mumbai dated 23.04.2018 and it relates to A.Y. 2012-13.
The assessee is aggrieved that the learned CIT(A) has dismissed the appeal by not condoning the delay of 31days in filing the appeal before the First Appellate Authority. The issue on merits relate to the treatment of short term capital gain as business income, amounting to `7,52,984/-.
I have heard the learned D.R. None appeared on behalf of the assessee despite notice. Upon careful consideration we note that the learned CIT(A) has dismissed the appeal by not condoning a small delay of 31 days. In my considered opinion it is settled law that when substantial interest of justice is pitted against small technicalities, it is the substantial interest of justice which should prevail. In my considered opinion, on the facts and circumstances of the case the small delay of 31 days deserves to be condoned. Accordingly the delay is condoned. The issue is now remitted
Smt. Naazneen Javeri to the file of the learned CIT(A). The learned CIT(A) shall consider the issue on merits after giving the assessee proper opportunity of being heard.
In the result, the appeal filed by the assessee stands allowed for statistical purposes.