TMI Blog2021 (6) TMI 534X X X X Extracts X X X X X X X X Extracts X X X X ..... ore us. We find no merit in the instant argument as per Maria Fernandes Cheryl [ 2021 (1) TMI 620 - ITAT MUMBAI] has already declined the Revenue s identical argument thereby treating the foregoing statutory provisions as a curative one. The impugned former addition stands deleted. MAT computation - section 115JB book profits issue vis- -vis brought forward book loss figure difference - HELD THAT:- Both the Learned Representatives are ad idem during the course of hearing the instant latter issue required afresh factual verification.We, therefore, direct the assessee to appear before the Assessing Officer on or before 30/09/2021 with all relevant supportive details for the necessary consequently verification - ITA No. 2018/Hyd/201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Assessing Officer. (4) The Ld. CIT(A) ought to have considered the fact that the figures of ₹ 2,93,631/- and ₹ 5,66,506/- represent the losses for the previous years ended on 31/3/2010 and 31/3/2011 but do not represent the aggregate of losses as per the books of account awaiting set off against the profits. (5) The Ld. CIT(A) ought to have accepted the contention of the appellant that the profit on sale of assets was credited to the profit and loss account do not represent the book profit assessable under the provisions of section 115JB of the IT Act. (6) Any other ground or grounds that may be urged at the time of hearing. 3. Ld. AR submitted first of all before us that there is a delay of 29 days in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee, We are of the view that the reason for the delay was due to the sudden resignation of the assessee-company s employee and who received the CIT (A) s order and did not inform to the concerned higher officials of the assessee-company and therefore, the assessee could not file the appeal within the stipulated time. Though the reasons advanced by the assessee for the belated filing of the appeal cannot be appreciated, considering the issues involved in the appeal, in the interest of justice, We hereby condone the delay of 29 days in filing the appeal before the Tribunal and proceed to adjudicate the appeal on merits. 5. Coming to assessee s first and foremost grievance challenging correctness of capital gains addition of ₹ 11,40,00 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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