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2018 (9) TMI 1024 - AT - Income TaxCondonation of delay - delay of 146 days - Estimation of income - survey operation u/s.133A of the IT Act to mention that the assessee realized profit at ₹ 500/- per sft in respect of area of 77835 sft sold by him - Held that:- In the case before us, the CIT (A) has refused to condone the delay of 146 days. According to us, the assessee does not stand to gain anything by filing the appeal belatedly. Therefore, as held by the Hon'ble Supreme Court in the case of Collector, Land Acquisition Vs. MST.Katiji & Ors., (1987 (2) TMI 61 - SUPREME COURT) when substantial justice and technical consideration are pitted against each other, cause of substantial justice deserves to be preferred for the other side cannot claim to have vested right in injustice done because of a non-deliberate delay. Respectfully following the same, we are inclined to condone the delay of 146 days. As regards the merits of the additions are concerned, since the CIT (A) has not decided the appeal on merits on the ground that it is an agreed addition, we are of the opinion that since the AO in the A.Y 2013-14 has accepted the valuation at ₹ 272/-, the valuation for the earlier year cannot be higher at ₹ 500/-sq. ft. Therefore, there is clear dichotomy in the stand of the Department in these two years. Therefore, we deem it fit and proper to remand the issue to the file of the CIT (A) for reconsideration in accordance with law after giving the assessee a fair opportunity of hearing
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