DEEPAK SOGANL,MUMBAI vs. JT CIT RANGE- 24(1), MUMBAI

Aforesaid appeal by assessee for Assessment Year 2011-12 contest the order of learned first appellate authority on certain grounds of appeal.

The Registry has noted a delay of 485 days in filing of the appeal, the condonation of which has been sought by the assessee vide condonation petition which is supported by the affidavit of the assessee. It has, inter-alia, been submitted that the assessee was under bona-fide belief that no order was passed by Ld.CIT(A) and the assessee became aware of the order only after receiving the penalty order for the year under consideration. The Ld. AR also submitted that the assessee has decided to settle the dispute under Vivad Se Vishwas Scheme, 2020 and therefore, the appeal may be admitted so that the assessee may avail the benefit of the same. The Ld. DR while objecting to condonation of delay submitted that the revenue would not have any objection for withdrawal of the appeal.

Upon careful consideration of factual matrix, we are inclined to condone the delay in view of the fact that the assessee wishes to settle the dispute under Vivad Se Vishwas Scheme, 2020. Accordingly, the appeal is admitted and allowed to be withdrawn as per the request of Ld. AR.

Accordingly, the appeal stands dismissed as withdrawn with a liberty to assessee to seek restoration of this appeal in case the declaration made by the assessee under the scheme is not accepted, for whatever reasons.

The appeal stands dismissed as withdrawn. Order pronounced on 29th December, 2020. (C.N.Prasad) (Manoj Kumar Aggarwal) न्यायिक सदस्य / Judicial Member लेखा सदस्य / Accountant Member मुंबई Mumbai; यदनांक Dated : 29/12/2020 Sr.PS, Sudip Sarkar