NATIONAL COLLATERAL MANAGEMENT SECURITIES LTD,MUMBAI vs. DCIT 7(3)(1), MUMBAI
What did the Tribunal hold?
The Tribunal held that while filing an appeal is a statutory right, a liberal approach should be adopted for condoning delays caused by bona fide reasons. Citing Supreme Court judgments, the Tribunal emphasized that substantial justice should be preferred over technical considerations.
What were the facts?
The assessee's appeal was rejected by the First Appellate Authority due to a delay of 43 days. The assessee sought condonation of this delay, providing an affidavit with reasons. The Revenue contended that the assessee should have made an effective representation on the appointed date.
What were the issues?
Whether the delay in filing the appeal should be condoned, and if so, whether the appeal should be adjudicated on merits.
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Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Collector, Land Acquisition v. Mst. Katiji3,926 citing167 ITR 471 · 1987 · SC
- Vedabhai v. Santaram262 citing253 ITR 798 · 2002 · SC
Income Tax Appellate Tribunal, MUMBAI BENCHES, ‘B’ MUMBAI
Before: Shri JOGINDER SINGH, & Shri G. MANJUNATHA
आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant (Respective assessee) 2. ��यथ� / The Respondent. 3. आयकर आयु�त(अपील) / The CIT, Mumbai. 4. आयकर आयु�त / CIT(A)- , Mumbai,
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