SMT.NAAZNEEN JAVERI, MUMBAI v. ACIT CIRCLE-17(2), MUMBAI

ITA 4864/MUM/2018 | 2012-2013
Pronouncement Date: 05-11-2019 | Result: Allowed

Appeal Details

RSA Number 486419914 RSA 2018
Assessee PAN AABPJ5143J
Bench Mumbai
Appeal Number ITA 4864/MUM/2018
Duration Of Justice 1 year(s) 2 month(s) 19 day(s)
Appellant SMT.NAAZNEEN JAVERI, MUMBAI
Respondent ACIT CIRCLE-17(2), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 05-11-2019
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted SMC
Tribunal Order Date 05-11-2019
Last Hearing Date 20-08-2019
First Hearing Date 20-08-2019
Assessment Year 2012-2013
Appeal Filed On 16-08-2018
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL 'SMC' BENCH MUMBAI BEFORE SHRI SHAMIM YAHYA ACCOUNTANT MEMBER ITA NO. 4864/MUM/2018 (ASSESSMENT YEAR: 2012-13) SMT. NAAZNEEN JAVERI 12TH FLOOR CLOVER APARTMENTS 29 CUFFER PARADE COLABA MUMBAI 400005 VS. ACIT CIRCLE 17(2) MUMBAI PAN AABPJ5143J APPELLANT RESPONDENT APPELLANT BY: NONE RESPONDENT BY: SHRI CHAITANYA ANJARIA DATE OF HEARING: 20.08.2019 DATE OF PRONOUNCEMENT: 05.11.2019 O R D E R PER SHAMIM YAHYA AM THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER OF THE CIT(A)-58 MUMBAI DATED 23.04.2018 AND IT RELATES T O A.Y. 2012-13. 2. THE ASSESSEE IS AGGRIEVED THAT THE LEARNED CIT(A) H AS DISMISSED THE APPEAL BY NOT CONDONING THE DELAY OF 31DAYS IN FILI NG THE APPEAL BEFORE THE FIRST APPELLATE AUTHORITY. THE ISSUE ON MERITS RELA TE TO THE TREATMENT OF SHORT TERM CAPITAL GAIN AS BUSINESS INCOME AMOUNTI NG TO ` 7 52 984/-. 3. I HAVE HEARD THE LEARNED D.R. NONE APPEARED ON BEH ALF OF THE ASSESSEE DESPITE NOTICE. UPON CAREFUL CONSIDERATION WE NOTE THAT THE LEARNED CIT(A) HAS DISMISSED THE APPEAL BY NOT COND ONING A SMALL DELAY OF 31 DAYS. IN MY CONSIDERED OPINION IT IS SETTLED LAW THAT WHEN SUBSTANTIAL INTEREST OF JUSTICE IS PITTED AGAINST SMALL TECHNIC ALITIES IT IS THE SUBSTANTIAL INTEREST OF JUSTICE WHICH SHOULD PREVAIL. IN MY CON SIDERED 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 ITA NO. 4864/MUM/2018 SMT. NAAZNEEN JAVERI 2 TO THE FILE OF THE LEARNED CIT(A). THE LEARNED CIT( A) SHALL CONSIDER THE ISSUE ON MERITS AFTER GIVING THE ASSESSEE PROPER OPPORTUN ITY OF BEING HEARD. 4. IN THE RESULT THE APPEAL FILED BY THE ASSESSEE ST ANDS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 5 TH NOVEMBER 2019. SD/ - (SHAMIM YAHYA) ACCOUNTANT MEMBER MUMBAI DATED: 5 TH NOVEMBER 2019 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) -58 MUMBAI 4. THE PR.CIT - 17 MUMBAI 5. THE DR SMC BENCH ITAT MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT MUMBAI BENCHES MUMBAI N.P.