NATIONAL COLLATERAL MANAGEMENT SECURITIES LTD,MUMBAI vs. DCIT 7(3)(1), MUMBAI

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ITA 6859/MUM/2016Status: DisposedITAT Mumbai04 October 2018AY 2012-138 pages
AI SummaryRemanded

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 list

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Income Tax Appellate Tribunal, MUMBAI BENCHES, ‘B’ MUMBAI

Before: Shri JOGINDER SINGH, & Shri G. MANJUNATHA

For Appellant: Shri Bhupendra Karkhanis &, Ms. Meena Jain, Shri S.K. Mishra-DR
Hearing: 19/09/2018

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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